Interpretation ID: nht94-6.43

DATE: April 8, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Daniel T. Mason -- Product Development Engineer, Avery Dennison - Automotive Division (Troy, MI)

TITLE: None

ATTACHMT: Attached to letter dated 2/14/94 from Daniel T. Mason to Barbara Gray (OCC 9807)

TEXT:

This responds to your request for an interpretation of labeling requirements under 49 CFR part 541 Federal motor vehicle theft prevention standard. Your letter has been referred to my office for a reply. You asked whether a label that leaves a fluorescent "footprint" of a vehicle identification number (VIN) on a vehicle part, complies with section 541.5(d)(1)(v)(B) of part 541. The answer is yes.

Section 541.5(d)(1)(v)(B) requires that if a theft program label is removed from a vehicle part, "residual parts of the label" be left in the area of the part where the label was affixed. The residual parts, also known as "footprints," provide investigators evidence that a label was originally present. "Footprint" requirements for theft labels were discussed in the preamble to the final rule establishing 49 CFR part 541 (See 50 FR 43166, at 43174; October 24, 1985):

... this standard requires only that removal of the labels must leave residual parts of the label ... , on the part, and that these residual parts must be discernible by trained investigators. For purposes of this requirement, "discernible" does not mean that residual parts must be visible under natural light. (50 FR 43174).

In your letter, you stated that Avery Dennison's VIN marked labels have a fluorescent agent that transfers onto vehicle parts when the label is applied. If the label is removed, and the formerly labelled area is viewed under an ultraviolet light, a reproduction of the VIN is visible. If the labels, when removed, leave "residual part(s) of the label ... on the part" that is "discernible" under ultraviolet light, the Avery Dennison label would fulfill section 541.5(d)(1)(v)(B).

I hope this responds to your question. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992.