Interpretation ID: nht75-3.25

DATE: 04/30/75

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Frigiking Inc.

COPYEE: ALEX M. CALALUCA -- MOTOR VEHICLE PROGRAMS DIR.

TITLE: FMVSR INTERPRETATION

TEXT: Your letter of March 7, 1975 to Mr. Alex Calauca, Motor Vehicle Programs Director of the National Highway Traffic Safety Administration's Region 6, has been referred to this office. You wish to be informed of Frigiking's responsibilities under the NHTSA's rules and regulations as a manufacturer of automotive air conditioners for sale to domestic and foreign auto manufacturers, automobile dealers and automobile supply retail outlets.

Mr. Calaluca correctly indicated that there is currently no Federal Motor Vehicle Safety Standard which regulates automobile air conditioners. He also correctly informed you that your firm is not deemed a manufacturer by the NHTSA when your product is installed as original equipment. Where the Frigiking air conditioner is installed in a vehicle prior to the first sale of the vehicle the manufacturer of the vehicle is also deemed to be the manufacturer of your product. However, you should understand that in all other cases your company is considered a manufacturer under the NHTSA's rules and regulations. For example, where units are sold under private label to mass merchandising firms for sale and installation to individual automobile owners, or where units are sold through Frigiking's distributor/dealer organization for individual unit retail sales where the sale is other than to a franchised auto dealer for installation prior to the sale of the new car, Frigiking has certain responsibilities under the National Traffic and Motor Vehicle Safety Act of 1966, as amended, notwithstanding the absence of any Safety Standard regulating air conditioners.

In the event that the NHTSA determined through its own investigation that an air conditioner produced by your firm contained a defect related to motor vehicle safety, you would be required to give notice of the defect to every person who had purchased the product manufactured during the period when a defect was known to exist. This manufacturing period could extend up to 8 years preceding the notification. In addition you would be required to repair or replace without charge every such defective air conditioner presented to you, and repurchase defective air conditioners from distributors and dealers.

Finally, it would be wise for Frigiking to remind manufacturers and dealers who install its air conditioners in motor vehicles prior to first sale that they must account for the addition of an air conditioning unit in certifying that the vehicle conforms to Federal standards and in certifying the Gross Vehicle Weight Rating and Gross Axle Weight Rating as required by the NHTSA regulations contained in 49 CFR Part 567.

Please do not hesitate to contact us if we can be of further assistance.

Yours truly,

UNITED STATES GOVERNMENT U.S. DEPARTMENT OF TRANSPORTATION NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

MEMORANDUM

SUBJECT: Regulations Applicable to Automotive Equipment Suppliers

FROM: Regional Administrator -- National Highway Traffic Safety Administration, Fort Worth, Texas

TO: Office of Chief Counsel, N40-30 -- National Highway Traffic Safety Administration, Washington, D. C.

DATE: March 19, 1975

In his letter dated March 7, 1975, Mr. David M. Holden of Frigiking, Incorporated, discloses that his company's automotive air conditioners are being purchased for installation, in some instances, in vehicles prior to first sale. The purchasers are said to be domestic and foreign manufacturers, automobile dealers, and automotive supply retail outlets. He desires information on motor vehicle regulations applicable to his company's product. I informed him that no Federal Motor Vehicle Safety Standards currently exist that cover automobile air conditioners. I also told him that according to Section 159(D) of Public Law 93-492, his company does not come under the definition of original equipment manufacturer.

Any additional information you can provide Mr. Holden would be appreciated. A copy of your response to Mr. Holden to this office is requested. I am forwarding a copy of this memorandum as well as a copy of P.L. 93-492 to Mr. Holden for informational purposes.

Alex M. Calaluca -- Motor Vehicle Programs Director;

For: E. Robert Anderson -- Regional Administrator

Enclosure

March 7, 1975

Alex Calaluca -- National Highway Traffic Safety Administration, Region 6

Dear Mr. Calaluca:

Your comments this morning in our telephone conversation regarding my company's products and the National Highway Traffic Safety Administration responsibilities were most informative and I thank you. Perhaps this brief outline will adequately aid you in obtaining additional information which will be instructive to us.

Frigiking is primarily, but not exclusively, a manufacturer of automobile air conditioners. Frigiking sells its products in the following manner:

A. Units are sold to importers of foreign manufactured vehicles and installed at P.O.E., depot or dealer level as original equipment.

B. Units are sold to domestic vehicle manufacturers for installation at depot or dealer level, prior to retail sale.

C. Units are sold under private label to mass merchandising firms for sale and installation to individual automobile owners.

D. Units are sold through Frigiking's distributor/dealer organization for individual unit retail sales. However, in this situation it is not uncommon for units to be sold by a Frigiking dealer to a franchised auto dealer for installation prior to the sale of the new car.

I am interested in determining Frigiking's explicit responsibilities in each of these merchandising circumstances as they may be defined under the National Highway Traffic Safety Administration's rules and regulations.

I look forward to whatever assistance you may lend me.

Sincerely yours,

David M. Holden -- Quality Assurance Engineer, FRIGIKING