Interpretation ID: nht90-2.66

TYPE: INTERPRETATION-NHTSA

DATE: 05/31/90

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: SATOSHI NISHIBORI -- VICE PRESIDENT INDUSTRY/GOVERNMENT AFFAIRS NISSAN RESEARCH & DEVELOPMENT, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 02/15/90 FROM SATOSHI NISHIBORI -- NISSAN RESEARCH TO STEPHEN P. WOOD -- NHTSA; OCC 4485

TEXT: This responds to your letter requesting an interpretation of 49 CFR Part 575, Consumer Information Regulations. Specifically, you asked about the requirement in @ 575.6(a)(2)(i), which requires the "name of the manufacturer" to be inserted in two places in a statement required to appear in the owner's manual. You asked whether you could use the name "Infiniti" as the required "name of the manufacturer" for vehicles manufactured by that division of Nissan Motors, or whether Nissan would have to be ident ified as the manufacturer of those vehicles. The answer is that identifying Infiniti as the manufacturer of the vehicles produced by that division of your corporation would not violate @ 575.6(a)(2), as explained below.

The term "manufacturer" is not specifically defined for Part 575 in @ 575.2. However, @ 575.2(a) provides that all terms used in Part 575 that are defined in section 102 of the National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1391 ) are used as defined in the Safety Act. Section 102(5) of the Safety Act (15 U.S.C. 1391(5)) defines a manufacturer as "any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing m otor vehicles or motor vehicle equipment for resale." According to your letter, Infiniti is a division within Nissan Motor Corporation (USA), the importer of Nissan and Infiniti vehicles. The Infiniti vehicles are assembled by Nissan Motor Company, Ltd. , the parent corporation, in Japan. Hence, both the parent corporation, as the assembler of the Infiniti cars, and the U.S. subsidiary, as the importer of those cars, would be "manufacturers" of the Infiniti cars, within the meaning of the Safety Act.

Generally speaking, when this agency's regulations require disclosure of the name of the manufacturer, it is permissible to identify the

manufacturer as the division that sells and markets the vehicle, instead of naming the corporation of which the division is a part. The only exception to this general rule would arise if naming the division, instead of the whole corporation, as the manu facturer would be likely to confuse the public or otherwise frustrate the purposes of the regulation.

With respect to @ 575.6(a)(2), the preamble to the final rule that added these requirements identified their purpose as "to increase consumer awareness of the [Auto Safety] Hotline and the agency's efforts to strengthen its defect investigation activitie s." 54 FR 48745, at 48746; November 27, 1989. It does not appear that identifying Infiniti, instead of Nissan, as the manufacturer of the Infiniti cars would in any way hamper or frustrate this purpose. Additionally, that preamble also included the foll owing discussion:

NHTSA nevertheless agrees with the commenters that the public should be instructed to also contact the manufacturer. Therefore, the agency has revised the message to state that a consumer should also contact the manufacturer or its designate (e.g., i ts authorized dealer) to resolve safety-related or other problems with the vehicle. 54 FR 48747. (Emphasis added)

This language shows that NHTSA intended these requirements to provide the consumer with necessary information to resolve safety-related or other problems with the vehicle, not to provide the consumer with information about the corporate structure of the manufacturer. In fact, identifying Infiniti instead of Nissan as the manufacturer of Infiniti cars may be more useful information for the purchasers of those cars. Hence, we conclude that nothing in @ 575.6(a)(2) prohibits Nissan from identifying its I nfiniti division as the manufacturer of Infiniti cars.

I hope this information is helpful. If you have any further questions, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,