Interpretation ID: nht95-1.38

TYPE: INTERPRETATION-NHTSA

DATE: January 27, 1995

FROM: Philip R. Recht -- Chief Counsel, NHTSA

TO: Fredd Scheys -- President, S.E.C. Carat, Inc.

TITLE: NONE

ATTACHMT: Attached to 1/25/95 Fax from Fredd Scheys to John Womack; Also attached to 3/8/93 letter from John Womack to Fredd Scheys; Also attached to 11/16/92 letter from Rice to Scheys

TEXT: Dear Mr. Scheys:

This responds to your FAX of January 25, 1995, to John Womack of this Office asking whether the interpretation letter sent to you on November 16, 1992, and confirmation letter sent you on March 8, 1993, remain valid.

This confirms that these letters remain valid. We note that the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) was recodified in July 1994. The correct citation today is 49 U.S.C. Chapter 301 - Motor Vehicle Safety.

The first full paragraph of the second page of the November 16, 1992, letter refers to "Title 15, United States Code, section 1397(b)(2)." Under the recodification, the citation has become "Title 49 United States Code, section 30122(b)". Further, the qu oted phrase in that paragraph that reads "knowingly rendering inoperative in whole or in part any device of element of design installed in accordance with a Federal motor vehicle safety standard" has been restated to read "knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard." But the meaning remains the same and there is no substantive change in the prohibition.

Sincerely,

Philip R. Recht