Interpretation ID: nht89-2.24

TYPE: INTERPRETATION-NHTSA

DATE: 06/29/89

FROM: DAVID W. RANEY -- ENVIRONMENTAL ACTIVITIES MANAGER SAAB SCANIA OF AMERICA INC

TO: ERIKA Z. JONES -- CHIEF COUNSEL OFFICE OF THE CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 10/12/89 FROM STEPHEN WOOD OF NHTSA TO DAVID RANEY OF SAAB; REDBOOK A34, PART 541, 543

TEXT: Dear Ms. Jones:

Saab-Scania of America and Saab-Scania AB of Sweden (hereafter collectively referred to as Saab) respectfully request an interpretation of 49 CFR Part 541 -- Federal Motor Vehicle Theft Prevention Standard and 49 CFR Part 543 -- Exemption From Vehicle Th eft Prevention Standard. Our specific questions are as follows:

(1) Does Part 543 exempt a manufacturer from marking replacement parts (Part 541.6) on a carline subject to Part 541 when many of the carline replacement parts specified in Part 541.5(a) can also be used to replace parts on the same carline manufactured in earlier model years which were parts-marked in compliance with Part 541?

(2) Can a manufacturer of a carline subject to Part 541 and in receipt of a Part 543 exemption for the carline resume vehicle and replacement parts marking if it chooses to discontinue equipping the carline with a Part 543 approved anti-theft device in a future model year?

By way of background, the Saab 9000 carline -- introduced in 1986 -- is subject to the Federal Motor Vehicle Theft Prevention Standard. In 1987 and 1988, all Saab 9000 models and replacement parts were marked in compliance with Part 541.

For model year 1989 Saab 9000 models, Saab received a Part 543 exemption and discontinued vehicle parts marking. However, Saab has continued to mark the replacement parts specified in Part 541.5 (a).

After reviewing the federal regulations, Saab believes that the Part 543 exemption allows it to discontinue marking the replacement parts for the 1989 Saab 9000 carline even though the replacement parts can also be used to replace parts on Saab 9000 mode ls manufactured in previous model years which were parts-marked in compliance with Part 541.

Also, Saab believes it retains the right in a future model year to discontinue equipping the Saab 9000 carline with a Part 543 approved anti-theft device for whatever reasons and resume vehicle and replacement parts marking. Saab seeks the NHTSA's concu rrence on both these points.

Sincerely,