Interpretation ID: nht73-5.47

DATE: 10/02/73

FROM: AUTHOR UNAVAILABLE; Robert L. Carter; NHTSA

TO: United States Senate

COPYEE: D. FAY; M. P. PESKOE

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of July 23, 1973, forwarding to us correspondence from Mr. G. H. Nichols, President, Midwestern Products, Incorporated, Tulsa, concerning the applicability of Federal regulations to an air suspension auxiliary axle manufactured by Midwestern Products. According to the manufacturer's advertising brochure, this axle, the "Micro-Air Retractable Safety Axle, is intended to be used on pick-up and bobtail trucks, particularly in the recreational vehicle and related fields.

There are presently no Federal motor vehicle safety standards or regulations that apply to the manufacture of these axles. However, persons who install them on new pick-up trucks or other vehicle types (a "new" vehicle under the National Traffic and Motor Vehicle Safety Act is one that has not yet been sold to a user) may be considered as vehicle alterers under provisions of NHTSA Certification regulations which are to become effective February 1, 1974 (Docket No. 72-27; copy enclosed), and would be required to affix to the vehicle the label described in section 567.7 of those regulations.

Midwestern Products should be aware of these requirements whether it installs the Micro-Air axle or whether the installation is done by other parties. In the former case Midwestern would be responsible for affixing the required label, and in the latter it should provide the relevant information for the label regarding weight ratings to the party making the installation.

The NHTSA does not maintain a mailing list to provide copies of NHTSA notices and regulations. Copies are

available as indicated on the enclosed sheet, "Where to Obtain Motor Vehicle Safety Standards and Regulations."

We are pleased to be of assistance.

2 ENCLS.