Interpretation ID: 77-2.47

TYPE: Interpretation-NHTSA

DATE: June 3, 1977

FROM: Joseph J. Levin, Jr. -- Chief Counsel

TO: Larry J. Stroble

TITLE: None

ATTACHMT: Attached to letter dated 12-3-90 from P.J. Rice to R.B. Roden (A36; Std. 205); Also attached to letter dated 7-19-90 from R.B. Roden to P.J. Rice (OCC 5036)

TEXT:

This responds to your April 20, 1977, letter asking whether your client, a manufacturer of radiator cooling fans and air conditioner/heater fans, must comply with the requirements for certification found in Section 114 of the National Traffic and Motor Vehicle Safety Act of 1968 (the Act) (15 U.S.C. 1381 et sec.).

Section 114 of the Act requires manufacturers of motor vehicles and motor vehicle equipment to certify that each such vehicle or item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards. Since there are no safety standards in effect which regulate the items of equipment to which you refer, your client would not be required to perform the certification outlined in Section 114 and in the regulation promulgated thereunder (49 CFR Part 567).

You should note that as an equipment manufacturer your client might have some responsibilities under the Act with respect to defect notifications and recalls if he were to manufacture an item of equipment that contained a defect related to motor vehicle safety. These responsibilities are outlined in the Act in Section 151 et seq.