Interpretation ID: 17178.wkm

Mr. Ken Helms
Manager of Engineering
Trinity Trailer Manufacturing, Inc.
8200 Eisenman Road
Boise, ID 83716

Dear Mr. Helms:

This responds to your fax'd inquiry to Walter Myers of my staff in which you asked whether, in accordance with Federal Motor Vehicle Safety Standard (Standard) No. 121, Air brake systems, you are required to install antilock brake systems (ABS) on trailers that you manufacture for purchasers in foreign countries for use in foreign countries. The answer is no. You also stated that some of those purchasers want to transport such trailers with no ABS installed from your production facility over U.S. roads either to a U.S. port or across the border. They would be permitted to do that.

Chapter 301 of Title 49, U.S. Code generally requires any person manufacturing, selling, importing or offering for sale any motor vehicle or item of motor equipment to certify that such vehicle or equipment complies with all applicable Federal motor vehicle safety standards (see 30112(a)). That requirement, however, does not apply to "a motor vehicle or motor vehicle equipment intended only for export, labeled for export on the vehicle or equipment and on the outside of any container of the vehicle or equipment, and exported" (30112(b)(3)). Similarly, our safety regulations provide that no Federal motor vehicle safety standard applies to such vehicles or equipment. See 49 Code of Federal Regulations, 571.7(d).

Accordingly, your vehicles that are produced solely for export are not required by U.S. law or regulations to comply with the Federal motor vehicle safety standards, including Standard No. 121, which requires that vehicles equipped with air brake systems also be equipped with ABS. Such vehicles are permitted to be driven, towed, or otherwise transported to the U.S. border or to a U.S. port for further shipment to a foreign market, so long as they are appropriately labeled on the vehicle or equipment clearly indicating intent to export, or if in a container, as long as the container is labeled indicating intent to export. There is no prescribed form or format for the export label, but the label must be legible, obvious, and clearly indicate "For Export Only."

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 or at (202) 366-2992, fax (202) 366-3820.

Sincerely,
John Womack
Acting Chief Counsel

ref: 121#571
d.5/1/98