Interpretation ID: 17843.wkm

Mr. Martin Fluss
International Import Export M.E.F., Inc.
7402 Kildare Road
Montreal, Quebec
Canada H4W-1C3

Dear Mr. Fluss:

This responds to your letter to Mr. John Womack of my staff and refers to your telephone conversation of May 6, 1998 with Walter Myers of my staff regarding your "Flat Tire Emergency Helper" (FTEH). You asked for a letter from us indicating that FTEH is an accessory to a vehicle. From your description of the item in your letter and the picture you sent in response to Mr. Myers' May 6 telephone call, the FTEH is an accessory to a vehicle.

By of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority under U. S. law to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. The law establishes a self-certification system in which vehicle and equipment manufacturers certify that their products comply with all applicable FMVSSs. NHTSA enforces the FMVSSs by purchasing vehicles and equipment and testing them for compliance with applicable standards. NHTSA also investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or a safety-related defect exists, the manufacturer must notify purchasers of that product and remedy the problem free of charge. Any manufacturer that fails to provide notification of or remedy for a noncompliance or defect may be subject to a civil penalty of up to $1,100 per violation. In view of the self-certification system described above, NHTSA neither approves, disapproves, endorses, nor grants clearances for motor vehicles and items of motor vehicle equipment.

Turning now to the FTEH, we would classify it as an item of motor vehicle equipment, which is defined in 49 U.S. Code (U.S.C.), 30102(a)(7) (A) and (B) as:

(A). any system, part, or component of a motor vehicle as originally manufactured; [or]

(B). any similar part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle; . . .

Under prior NHTSA interpretations, in order to be considered an accessory, the FTEH must meet two tests:

a. A substantial portion of its expected uses are related to the operation or maintenance of motor vehicles; and

b. It is purchased or otherwise acquired, and principally used, by ordinary users of motor vehicles.

After reviewing the information you provided regarding your product, we conclude that the FTEH is an item of motor vehicle equipment and in particular, an accessory. It was designed and is or will be marketed with the expectation that a substantial portion of its expected use will be with motor vehicles. Further, your information indicates that the FTEH is intended to be purchased and principally used by ordinary users of motor vehicles, as opposed to professional vehicle repair businesses, since its stated purpose is to provide a way to drive a vehicle with a flat tire to a place where the tire can safely be changed or repaired.

While we find that the FTEH is an item of motor vehicle equipment, NHTSA has not issued an FMVSS establishing performance standards applicable to this product. However, you as the importer are subject to the requirements of 49 U.S.C. 30118 - 30121 (copy enclosed) which set forth the notification and remedy procedures for products with defects related to motor vehicle safety. As noted above, in the event that you or NHTSA determines that the product contains a safety-related defect, you would be responsible for remedying the problem free of charge to the purchasers of the product.

One final point. Before you can market the FTEH in the United States, 49 Code of Federal Regulations, Part 551 at Subpart D (copy enclosed) requires that you appoint a permanent resident of the United States as your agent for the service of legal process, notices, orders, decisions, and other applicable requirements. The agent can be an individual, firm, or a domestic corporation.

For your additional information, I am enclosing a copy of an interpretative letter we issued to Mr. Jan Peter Kryger of Quickwheel, Inc., regarding a product similar to yours. Also enclosed are copies of information papers entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

I hope this information is helpful to you. Should you have any questions or need additional information, feel free to contact Mr. Myers at this address or at (202) 366-2992, fax (202) 366-3820.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:vsa
d.6/30/98