Interpretation ID: 86-1.18

TYPE: INTERPRETATION-NHTSA

DATE: 02/03/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Shintaro Nakatasuka

TITLE: FMVSS INTERPRETATION

TEXT:

February 3, 1986 Mr. Shintaro Nakatasuka Manager, Certification Business Dept. II Mazda Motor Corporation P.O. Box 18 Hiroshima 703 91 Japan Dear Mr. Nakatasuka: This responds to your letter requesting an interpretation of Part 541, Federal Motor Vehicle Theft Prevention Standard. You asked two separate questions, which are discussed in detail below. First, you stated that you plan to introduce a 1987 carline in February 1986. This particular carline has been selected as one that will be subject to the requirements of Part 541. However, Part 541 does not become effective until April 24, 1986. You stated your belief that the introduction of the 1987 vehicles before the effective date of Part 541 means that none of the 1987 vehicles in that carline will be required to comply with Part 541. Your belief is a correct interpretation. Nevertheless, you stated that Mazda would voluntarily comply with the requirements of Part 541 for the 1987 vehicles in that carline produced after April 24, 1986, the effective date for Part 541. You asked whether your voluntary marking of some of the 1987 vehicles in that carline would cause this agency to conclude that all of the 1987 vehicles in that carline were not in compliance with Part 541. It will not. As you noted, the effective date for Part 541 is April 24, 1986. This effective date means that Part 541 applies to all selected carlines beginning with the 1987 model year. However, the legislative history for Title VI of the Motor Vehicle Information and Cost Savings aCT (14 U.S.C. 2021 et seq.), which Title requires that Part 541 be promulgated, expressly states: "The (theft prevention) standard cannot apply to a car in the middle of the model year." H.R, Rep. No. 1087, 98th Cong., 2 Sess. at 11 (1984). For purposes of Title VI of the Cost Savings Act, NHTSA believes that the model year for a carline begins on the day on which a vehicle in that carline is introduced into commerce in the United States. Hence, if a 1987 model year vehicle in a carline is introduced into commerce before the effective date of Part 541, the 1987 model for that carline would have begun prior to the effective date of the theft prevention standard. Obviously, the requirements of any standard do not apply before the effective date. Given the clear expression of Congressional intent that this theft prevention standard cannot apply to a carline in the middle of its model year, NHTSA concludes that a 1987 model year version of a carline introduced into commerce before the effective date of the theft prevention standard is not subject to the requirements of the theft prevention standard for the 1987 model year. It would, of course, be subject to the requirements for the 1988 model year. Having concluded that the theft prevention standard does not apply to such 1987 model year vehicles, any voluntary actions taken by the vehicle manufacturer cannot affect this conclusion. Your company may choose to mark the 1987 vehicles in this carline introduced on or after the effective date of Part 541, as your letter indicates you plan to so. On the other hand, you may choose not to mark those or any of the 1987 vehicles in this carline. Whichever course of action you choose does not change the fact that Part 541 does not apply to the 1987 model year vehicles of a carline introduced into commerce before April 24, 1986. Second, you stated that Part 541 was unclear as to whether a metal tag stamped with the vehicle identification number and affixed to a vehicle part by means of "one-way screws" would be considered "labels", subject to the requirements of section 541.5(d)(1), or "other means of identification, subject to the requirements of section 541.5(d)(2). All means of identification which are affixed to a part are considered labels for purposes of Part 541. Section 541.5 expressly states that the required markings "must be affixed by means that comply with paragraph (d)(1) of this section or inscribed by means that comply with paragraph (d)(2) of this section" (Emphasis added). All markings which are affixed to a part, whether by means of adhesive, one-way screws, rivets, or welding, are labels. As such, those markings must satisfy all the requirements of section 541.5(d)(1). Conversely, all markings which are inscribed into a part, whether by means of etching, stamping, engraving, or sandblasting, are other means of identification. As such, those markings must satisfy all the requirements of section 541.5(d)(2). If you have any further questions or need more information on this subject, please do not hesitate to contact me. Sincerely, Original Signed By Erika Z. Jones Chief Counsel