Interpretation ID: nht95-4.54

TYPE: INTERPRETATION-NHTSA

DATE: October 12, 1995

FROM: Charles A. Grandy -- Baker and Daniels

TO: Walter Myers -- Office of Chief Counsel, NHTSA

TITLE: Interpretation of Federal Motor Vehicle Safety Standards as Applied to Automobile Wheel Manufacturers

ATTACHMT: 1/30/96 letter from Samuel J. Dubbin to Charles A. Grandy (A44; Std. 110; Std. 211)

TEXT: The purpose of this letter is to submit a formal inquiry to the National Highway Traffic Safety Administration ("NHTSA") regarding the application of the Federal Motor Vehicle Safety Standards contained in 49 C.F.R. @ 571 ("Safety Standards") to autom obile wheel manufacturers. Specifically, this letter seeks confirmation that automobile wheel manufacturers are not required to certify that wheels they manufacture comply with any Safety Standards.

As you know, 49 U.S.C. @ 30115 requires that a "manufacturer or distributor of a motor vehicle or motor vehicle equipment shall certify to the distributor or dealer at delivery that the vehicle or equipment complies with applicable motor vehicle safet y standards prescribed under this chapter." (Emphasis added). Unless a motor vehicle safety standard applies, however, this certification provision does not come into effect. Based on the applicable regulations and our conversation on October 10, 1995, the certification requirement does not appear to apply to automobile wheel manufacturers.

As we discussed on October 10, 1995, and by way of background information, our firm represents an automobile wheel manufacturer that exports wheels to certain automobile manufacturers in the United States to be used in the production of passenger cars . The manufacturer does not produce truck wheels, wheels for sale in the aftermarket or such items as wheel nuts, wheel discs or hub caps. Instead, the manufacturer produces automobile wheels for use exclusively in the OEM market to be used for the pro duction of passenger vehicles. Our question is limited to the delivery of such wheels.

In our recent conversation we concluded that automobile wheels, as such, are not subject to any of the Safety Standards. We discussed specifically the application of the Safety Standards described at 49 C.F.R. @ 571.110 and 49 C.F.R. @ 571.211. Upon review, neither of these provisions appears to apply to automobile wheels and we find no other Safety Standards applicable to automobile wheels. Accordingly, automobile wheel manufacturers should not be subject to the certification requirement describe d at 49 U.S.C. @ 30115 when delivering such automobile wheels.

Please review these issues on an expedited basis and confirm, if you will, our stated conclusions. You may direct all correspondence to the undersigned at the above-referenced address. If you should have any questions or comments, or need any additi onal information, please feel free to contact the undersigned directly at (317) 237-1400. We appreciate your prompt attention to this matter.