Interpretation ID: 86-1.23

TYPE: INTERPRETATION-NHTSA

DATE: 02/06/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. D. Black

TITLE: FMVSS INTERPRETATION

TEXT:

February 6, 1986 Mr. D. Black Director, U.S. Engineering Alfa Romeo, Inc. 250 Sylvan Avenue Englewood Cliffs, NJ 07632 Dear Mr. Black: This responds to your letter to Mr. Barry Felrice, our Associate Administrator for Rulemaking, requesting an interpretation of Part 541, Federal Motor Vehicle Theft Prevention Standard. You stated that you plan to begin production of a 1987 carline in March 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 carline before the effective date of Part 541 means that none of the 1987 vehicles would be required to comply. Your belief is essentially correct. 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 (15 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., 2d Sess. at 11 (1984). For the 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, the start of production does not constitute an introduction into commerce in the United States when the first vehicle is imported into the customs territory of the United States. Assuming that one of the 1987 vehicles in this carline is imported, and thus introduced into commerce, before April 24, 1986 (the effective date for Part 541), the 1987 model year 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 during the 1987 model year. It would, of course, be subject to the requirements during the 1988 model year. 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