Interpretation ID: aiam2272
Chief Engineer
Safety & Warranty
White Motor Corporation
P.O. Box 91500
Cleveland
OH 44101;
Dear Mr. Mindheim: This responds to White Motor Corporation's March 26, 1976, request fo confirmation that the brake systems of incomplete and complete vehicles to which Standard No. 121, *Air Brake Systems*, applies, may be modified by White under provisions of paragraph 567.7 of 49 CFR Part 567, *Certification*, or paragraph 568.5 of 49 CFR Part 568, *Vehicles Manufactured in Two or More Stages*.; Paragraph 567.7 provides that a person may alter a previously certifie vehicle prior to the first retail sale, and that the person must state that the vehicle, as altered, still complies with applicable standards if weight ratings or other than readily attachable components have been affected. The person may choose any point from the date of certification to the date alterations were completed as the date of the alterer's statement. The NHTSA would not consider White to be violating its certification responsibilities by alterations of the brake system that you describe, as long as White indicates the modifications under the provisions of paragraph 567.7.; Paragraph 568.5 of Part 568 provides that an intermediate manufacture may modify an incomplete vehicle. Under this paragraph, the intermediate manufacturer must furnish an addendum to the incomplete vehicle document reflecting any changes that should be made in the document because of modifications by the intermediate manufacturer that have affected validity of certain statements. White could utilize this provision to modify the vehicle so long as the addendum of changes is furnished along with the incomplete document.; As a practical result of the changes you describe, the final-stag manufacturer will not, as is normally the case, be able to utilize any date between the date of manufacture of the incomplete vehicle and the date of final completion as the basis of certification. Therefore, it may be advisable for White to issue a new incomplete vehicle document to assist the final-stage manufacturer in its certification responsibilities. Whenever this is not practical, a notation that the final-stage manufacturer's choice of dates has been limited by White's modification should be made in the addendum to the original document.; This discussion appears to conflict with the definition of intermediat manufacturer that appears in S 568.3. However, the definition is not intended to prevent the modifications you intend to undertake, and an interpretative amendment is being considered to clarify the breadth of the definition.; Yours truly, Stephen P. Wood, Assistant Chief Counsel