Interpretation ID: 17168.wkm

Mr. Roy Hinz
Marketing Resources
Tire Pressure Control International, Ltd.
15803-121 A Avenue
Edmonton, Alberta, Canada T5V 1B1

Dear Mr. Hinz:

Please pardon the delay in responding to your letter addressed to Walter Myers of my staff in which you asked for "U.S. federal approval" of your REDLINE-ELTEK Tire Pressure Control (TPC) System. Please be advised that this agency cannot give Federal approval of motor vehicles and motor vehicle equipment, as explained below.

You stated that TPC International, a Canada-based company, manufactures and distributes the TPC system in Canada, New Zealand, and Australia. You now want to enter the U.S. market. You stated that your TPC system integrates with the vehicle's existing compressed air supply system. It has five component assemblies: a computer in the cab that lets the driver change pressures and warns of any problems; air priority valves that protect the air brake system; control air valves; air lines to and from the control valves; and axle-end rotary hardware that transmits air into and out of the tires even while the tires are rotating. If the driver wants to open the inflate control valve, air is provided from the wet tank into the TPC system. Air can be exhausted from the tires through the deflate valves. Priority switches ensure that air is available for tire inflation only when air brake pressure in the system is above a safe level, typically 90 psi. A computer continuously monitors tire pressure, thus inflating, deflating, or maintaining a pre-selected tire pressure. The system monitors vehicle speed and if the vehicle is going too fast and risking tire damage, the system warns the driver to slow down or choose another mode. If the driver ignores the warnings, the system is programmed to automatically select a mode more suitable for higher speeds. You indicated an intent to make your system available both as original equipment on new vehicles and as aftermarket add-ons, and asked how individual states within the U.S. would view our Federal recommendations.

By way of background information, Chapter 301 of Title 49, U.S. Code (hereinafter "Safety Act") authorizes this agency to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. The Safety Act establishes a self-certification system in which vehicle and equipment manufacturers certify that their products comply with all applicable FMVSSs. This agency enforces the FMVSSs after the fact by purchasing vehicles and equipment at retail and testing them for compliance with the standards. If the vehicles or equipment pass, no further action is taken. If they do not pass, or if the manufacturer or the National Highway Traffic Safety Administration (NHTSA) determines that a noncompliance or defect exists, the manufacturer must notify purchasers of its product and remedy the problem at no expense to the customer. This responsibility would be borne by the vehicle manufacturer in cases in which your TPC system is installed as original equipment on a new vehicle. If the TPC system is marketed in the U.S. as an aftermarket item, the notification and remedy responsibilities would be borne by the TPC system manufacturer, which is defined to include the importer of equipment produced outside the United States. Any manufacturer that fails to provide notification of or remedy for a noncompliance or defect may be subject to substantial civil penalties.

Because of the self-certification system established by the Safety Act, this agency cannot approve, disapprove, endorse, or give assurances of compliance of your TPC system prior to its introduction into the U.S. retail market. If your TPC system is installed as original equipment on a new vehicle, the vehicle manufacturer is responsible for certifying that the vehicle complies with all applicable FMVSSs with the device installed. If the TPC system is installed on a used vehicle by a manufacturer, distributor, dealer, or motor vehicle repair business, that person or business is prohibited from making inoperative any device or element of design that was originally installed on or in the vehicle pursuant to any FMVSS.

We do not have an FMVSS applicable to a system such as the TPC system. However, FMVSS No. 121, Air brake systems (49 Code of Federal Regulations (CFR) 571.121) (copy enclosed) specifies performance and equipment requirements for braking systems on motor vehicles that are equipped with air brake systems. That standard does not prohibit the use of air pressure from the brake air supply to operate other items of equipment, but doing so could affect the vehicle's compliance with the brake standard.

The hoses connected to the TPC system could be subject to FMVSS No. 106, Brake hoses (49 CFR 571.106) (copy enclosed). Such hoses would be subject to the standard if they transmit or contain the air pressure used to apply force to a vehicle's brakes, or stated another way, if a failure of the hose would result in a loss of air pressure in the brake system. If this were the case, the hoses are "brake hoses" and must comply with FMVSS No. 106. If a check valve or other device is used so that the braking system is not affected by a leakage failure in your TPC system, then the hose would not be considered to contain or transmit brake air pressure and would not be required to comply with FMVSS No. 106.

With respect to your question about how the various states would view Federal recommendations, the Safety Act provides that states and political subdivisions thereof may specify a motor vehicle safety standard only if that standard is identical to the Federal standard. In other words, the FMVSSs preempt any state motor vehicle safety requirements that address the same aspects of motor vehicle performance, except that the U.S. and state governments may require a higher standard of performance on vehicles or equipment procured for their own use, such as school buses.

In addition to the requirements discussed above, should you market your TPC system in the U.S., you would be required by 49 CFR Part 566 (copy enclosed) to submit to NHTSA your name, address, and a brief description of the item or items of equipment that you manufacture. This requirement applies to the information from foreign manufacturers of covered equipment (any vehicle or item of equipment, except tires, to which an FMVSS applies) supplying its products to a domestic or foreign vehicle manufacturer selling its vehicles in the U.S. (See enclosed copy of NHTSA letter to Mr. Virve Airola, dated May 31, 1990).

Finally, if you market your TPC system in the U.S., you would be required by 49 CFR Part 551, Subpart D (copy enclosed) to designate a permanent resident of the U.S. as your resident agent for the service of legal process. Such agent can be a person, a firm, or a domestic corporation. Subsection 551.45(b) specifies the form and contents of the designation. However, you would not be required to designate a resident agent if you only supplied your TPC system to a foreign vehicle manufacturer, even if that foreign manufacturer installed your TPC system in vehicles manufactured for sale in the U.S.

Finally, for your additional information, I am enclosing two fact sheets entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

We are forwarding your letter with its enclosed product overview to the U. S. Federal Highway Administration for its review. That agency issues the Federal Motor Carrier Safety Regulations which establish safety standards applicable to vehicles-in-use in interstate commerce.

I hope this information is helpful to you. Should you have any further questions or need additional information, feel free to contact Mr. Myers at this address at (202) 366-2992, or by fax at (202) 366-3820.

Sincerely,
John Womack
Acting Chief Counsel
Enclosures
Ref:106#121
d.4/29/98