Interpretation ID: nht94-2.94

TYPE: INTERPRETATION-NHTSA

DATE: May 17, 1994

FROM: Dietmar K. Haenchen -- Manager Vehicle Regulations, Voirswagen of America, Inc.

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: Request for Confirmation of Interpretation Relating to 49 CFR Parts 541 & 543, Theft Prevention Standard

ATTACHMT: Attached to letter dated 7/1/94 from John Womack to Dietmar R. Haeochen (A42; Part 543; Part 541

TEXT: This is to request an interpretation relative to the parts marking requirements for replacement parts on a vehicle which has been granted an exemption from parts marking pursuant to 49 CFR Part 543.

By letter dated May 7, 1993, NHTSA granted an exemption for the 1995 model year Volkswagen Corrado from the parts marking requirements based on a petition for exemption filed by Volkswagen on September 29, 1992. The Volkswagen Corrado was parts marked f or the model years 1990 to 1994.

In an interpretation letter of October 12, 1989 to Saab-Scania of America, Inc., NHTSA stated that after a carline has been granted an exemption from the parts marking requirements, the replacement parts for that carline no longer need to be marked even if the replacement parts can also be used on prior model years during which the particular carline was parts marked and not exempt under Part 543.

Volkswagen has just determined that the Corrado will not be sold in the United States for the 1995 model year and as such, Volkswagen will not be selling vehicles covered under the exemption granted in the letter of May 7, 1993.

Our question is whether in line with the interpretation to Saab the marking of replacement parts for the Volkswagen Corrado carline can be terminated based on the exemption granted for the 1995 model year, even if the replacement parts can be used for ea rlier model years and even though the 1995 model year Corrado will not be sold in the United States (although it will be available in Europe).

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Because we would like to take advantage of the cost savings from the termination of parts marking as soon as possible, your earliest possible response to the issue will be appreciated.

As an additional question with regard to replacement parts anti-theft marking, Volkswagen would like to know whether replacement parts marking can ever be terminated on carlines that were parts marked while they were in production, but which have been ou t of production for more than five years and which are therefore statistically low theft. The particular example Volkswagen has in mind is the Audi 5000 carline which was produced through the 1988 model year as a parts marked vehicle.

Thank you for your consideration of the issues in this letter.