Interpretation ID: nht92-3.43

DATE: 09/23/92

FROM: THOMAS D. PRICE -- PRESIDENT, STRAIT-STOP MANUFACTURING CO., INC.

TO: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

ATTACHMT: ATTACHED TO LETTER DATED 11-25-92 FROM PAUL J. RICE TO THOMAS PRICE (A40; STD. 121)

TEXT: Strait-Stop Manufacturing Company, Inc. has developed, tested and is marketing a product line of noncomputerized antilock braking assist systems for air brake, electric brake, air over hydraulic brake and vacuum/hydraulic brake installations on trucks and trailers. We responded to the agency's questionaire on rulemaking for ABS, Docket No. 92-29; Notice 1, in August this year.

As we have proceeded on our marketing program, we have encountered some confusion and misunderstanding regarding the role of the DOT and the NHTSA with respect to the ABS products available today. The most common question we have encountered is, "Are you certified or approved by DOT or NHTSA?". We have responded that the federal regulators neither approve nor disapprove any specific ABS product. Often our response is considered in error and self-serving.

In the development of our product line we have been highly cognizant of our responsibility to avoid any adverse effect which might jeopardize any vehicle's compliance with FMVSS 121, FMVSS 106 or any other safety standards with which we are familiar.

Would you please respond to the above by specifying the NHTSA policy regarding approval, disapproval, or certification of any particular ABS product? Secondly, in view of the scope of our product line, indicated in the first paragraph, would you please provide us with a listing of the various standards and regulations with which we should be conversant? And lastly, would you please delineate the obligation of an OEM, an alterer of a previously certified new motor vehicle prior to its first sale, and an installer of an ABS device on a used or in use motor vehicle as regards its satisfaction of requirements of all applicable safety standards?

Due to the ease of installation of our products on after market vehicles, our primary market is the retrofit category. As currently indicated, the new regulations, which are yet to be formulated and proposed, will address only new vehicles manufactured after the effective date of the standards. However, it is our desire and intent that our product line will meet or exceed the prescribed performance standards. At the present time our test and performance statistics indicate that vehicles equipped with our products not only meet all performance standards, but also significantly reduce vehicle operating costs.

Please let me know how we may secure or have access to a copy of the complete Docket Number 92-29; Notice 1, including the responses submitted and made a part thereof?