Interpretation ID: nht91-5.45

DATE: September 12, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Charles Lombard -- Lombard Industries

TITLE: None

ATTACHMT: Attached to letter dated 7-19-91 from Charles Lombard to Rick Iderstiene (OCC 6297); Also attached to letter dated 11-13-87 from Erika Z. Jones to William J. Maloney

TEXT:

This responds to your letter to Mr. Richard Van Iderstine of this agency, requesting an interpretation of Federal Motor Vehicle Safety Standard No. 211, Wheel Nuts, Wheel Discs, and Hub Caps (49 CFR S571.211). Specifically, you enclosed some drawings and photographs of your "new wheel and/or hubcap design," the "Lombard Racer," and asked whether it can be marketed. As explained below, the answer is no.

S3 of Standard No. 211 specifies that wheel nuts, hub caps, and wheel discs for use on passenger cars and multipurpose passenger vehicles shall not incorporate winged projections. The issue before us is whether the "Lombard Racer" includes any wheel nut, hub cap, or wheel disc that incorporates winged projections. To answer this, we have reviewed the drawings and photographs you have provided. Figures 4, 5, and 9 of the drawings show that the design of the octagonal hub cap incorporates two curved appendages (that the drawings depict as extending beyond the rim of the wheel), both emanating from the hub cap, that are placed at opposite ends from each other. Based on this, it is our opinion that your hub cap design incorporates "winged projections." As such, this design does not appear to comply with Standard No. 211.

I have, for your information, enclosed a copy of this agency's November 13, 1987, letter to Mr. William J. Maloney. That letter reaffirmed past interpretations stating that hub caps with winged projections do not comply with the requirements of Standard No. 211 and have not complied with that Standard since it became effective on January 1, 1968. Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391(a)(1)(A)) makes it illegal to "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce or import into the United States" any hub caps that do not comply with Standard No. 211. We would consider each sale or offer for sale of hub caps with winged projections to be a separate violation of this statutory provision. Section 109 of the Safety Act (16 U.S.C. 1398) specifies a civil penalty of up to $1000 for each violation of Section 108(a), up to a maximum of $800,000.

We have recently received a petition to amend Standard No. 211 to allow the manufacture and use of certain hub caps which may be prohibited under the existing language of Standard No. 211. The agency will be evaluating this petition over the next several months.

With your letter, you also enclosed promotional information from another company that offered hub caps with winged projections for sale. Thank you

for alerting us to this situation. We have referred this information to our enforcement staff for appropriate action.

I hope this information is helpful. Per your request, I have returned the enclosures in your letter to me. If you have any further questions or need more information on this subject, please feel free to contact Dorothy Nakama of my staff at this address, or by telephone at (202) 366-2992.

Attachment

Letter dated 11-13-87 from Erika Z. Jones to William J. Maloney, Esq. (Text omitted)