Interpretation ID: aiam1494
Vice President - Marketing
The Flxible Company
323 N. Water Street
Loudonville
OH 44842;
Dear Mr. Dyer: This responds to your April 23, 1974, questions whether Standard No 121, *Air brake systems; , is a proposal, whether buses manufactured after January 1, 1975, mus conform to Standard No. 121 under all circumstances, what 'cut- off date' exists for determination of brake equipment suppliers' ability to provide 121 components on time, and to what extent a bus must be completed to be certified as in compliance with applicable motor vehicle safety standards.; Standard No. 121 has been a final rule since February 27, 1972, and ha an effective date of January 1, 1973. In 1972 the effective date was postponed until September 1, 1974. Recently the NHTSA further delayed the effective date for trucks and buses until March 1, 1975, having concluded that suppliers will be able to supply all necessary components by that date.; All buses manufactured after the effective date of an applicabl standard must comply with its requirements, under S 108(a)(1) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. S 1392(a)(1)), which states 'No person shall. . .manufacture for sale. . .any motor vehicle. . .on or after the date any applicable Federal motor vehicle safety standard takes effect. . .unless it is in conformity with such standard. . . .'; You asked whether a trailer which is substantially complete before th effective date but lacks one or more parts due to parts shortages can be certified as conforming although it is equipped with a pre-121 brake system. By analogy with the rules allowing manufacturers to omit 'readily attachable' items to be added later in the chain of distribution (Import regulations S 12.80, Parts 567, 568), the NHTSA will accept a good-faith determination that a vehicle is substantially completed, where only a few parts subject to shortages are missing.; I would also like to answer a technical question raised by R. E. House of your engineering staff. In an April 23, 1974, letter he asked for an interpretation of the S5.6.4 language 'The parking brake control shall be separate from the service brake control.' as it applies to the DD-3 two-step brake release. The S5.6.4 requirement for a separate parking brake control is intended to address the actuation of the brake. We interpret this language not to prohibit the use of a two-step release involving a manual and a foot control.; Sincerely, Lawrence R. Schneider, Chief Counsel