Interpretation ID: aiam0520
Senior Staff Engineer
FWD Corporation
Clintonville
WI 54929;
Dear Mr. Westphal: This is in response to your letter of November 18, 1971, requesting fo twenty-six of your trucks a temporary exemption from Standard No. 206. You reported that these trucks represent the final units to be produced in two soon-to-be-discontinued cab styles.; We regret that we are unable to consider your request, since ou authority under section 123 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1410) to grant such exemptions expired in April of this year.; Beginning January 1, 1972, the manufacture of any truck not i compliance with the standard will be prohibited. Section 108(a) of the Act provides that; >>>'(n)o person shall manufacture for sale . . . any motor vehicle . . manufactured on or after the date any applicable . . . standard takes effect . . . unless it is in conformity with such standard . . . ' (15 U.S.C. 1397)<<<; The prohibition is enforceable by civil penalties under section 109 (1 U.S.C. 1398) and injunction under section 110 (15 U.S.C. 1399). In addition, in the event that a noncompliance were determined to be a safety-related defect, notification of the defect would have to be furnished under section 113 (15 U.S.C. 1402) to purchasers of the vehicle.; Let us know if we may be of further assistance. Sincerely, Richard B. Dyson, Assistant Chief Counsel