Interpretation ID: nht92-2.17

DATE: November 20, 1992

FROM: John Paul Barber -- Legislative Counsel, American Association of Blood Banks

TO: Chief Counsel -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 5-24-93 from John Womack to John Paul Barber (A41; Part 567; Part 571); Also attached to letter dated 4-29-91 from Paul Jackson Rice to Takeo Wakamatsu (Part 567)

TEXT: This letter is written to request an opinion on whether second stage manufacturers may affix an additional certification label with a new gross vehicle weight rating (GVWR) on vehicles. This issue is important in determining if existing stocks of blood mobiles must be classified as commercial motor vehicles for purposes of the Commercial Motor Vehicle Safety Act.

The AABB is the professional and scientific organization for individuals and institutions, involved in blood banking and transfusion medicine. AABB member institutions collect virtually all of the nation's volunteer blood supply. Many AABB blood centers operate "blood mobiles" for collecting blood donations away from the blood center.

The AABB advised its members that second stage manufacturers that convert buses to blood mobiles have the authority under 47 CFR Sections 567 and 568 to affix an additional label with a new GVWR to newly converted vehicles as well as to vehicles already in use (see attached.) We have since received a legal opinion asserting that Sections 567 and 568 PRECLUDE affixing an additional label to vehicles already in use.

We recognize that Sections 567 and 568 do not expressly authorize a second stage manufacturer to affix an additional label establishing a new GVWR for vehicles already in use. However, we analyzed the law and determined that a second stage manufacturer is not PROHIBITED from affixing an additional label with a new GVWR to vehicles already in use.

We interpret Section 108 of the National Traffic and Safety Act to render federal motor vehicle regulations that are not safety standards inapplicable to motor vehicles after they are sold in good faith for purposes other than resale. We therefore conclude that since the labeling requirements found in Sections 567 and 568 are not safety standards, second stage manufacturers may affix additional labels with a new GVWR to blood mobiles already in use.

Please provide us with your opinion regarding whether second stage manufacturers may affix additional labels with a new GVWR to vehicles after they are sold for purposes other than resale. Also, will affixing a new label with an adjusted GVWR have the Chief effect of rendering existing blood mobiles noncommercial motor vehicles for purposes of the Commercial Motor Vehicle Safety Act?

Thank you for your assistance on this issue and I look forward to receiving your response.

Attached to letter dated 9-24-92 from E. Shannon Cooper, MD, President, and Joel M. Solomon, PhD, Executive Director, to AABB Institutional Members "Re: Licensing Requirements Bloodmobile Operators: Gross Vehicle Weight Rating Change Recommended."

(Text omitted.)