Interpretation ID: nht88-1.78

TYPE: INTERPRETATION-NHTSA

DATE: 03/21/88 EST

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: JAMES T. STREET -- PRESIDENT, STREET SPECIALTY PRODUCTS, INC.

TITLE: NONE

TEXT: This responds to your request for an interpretation of Standard No. 211, Wheel Nuts, Wheel Discs, and Hub Caps (49 CFR @ 571.211). Specifically, you sent me some product sheets showing several different designs of "spinner" hub caps, and asked whether y ou can market these items at both the wholesale and retail levels. The answer is no.

I have enclosed copies of my May 13, 1987, letter to the Honorable William E. Dannemeyer and my November 13, 1987, letter to Mr. William J. Maloney. In these letters, I reaffirmed our past interpretations stating that spinner hub caps do not comply with the requirements of Standard No. 211, and have not complied with that Standard since it became effective on January 1, 1968. Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act [15 U.S.C. 1397(a)(1)(A)] makes it illegal to "manufa cture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any hub caps that do not comply with Standard No. 211 (Emphasis added). We would consider each sale or offer for sal e of spinner hub caps to be a separate violation of this statutory provision. Section 109 of the Safety Act (15 U.S.C. 1398) specifies a civil penalty of up to $ 1000 for each violation of section 108(a), up to a maximum of $ 800,000.

I appreciate your efforts to ensure that your company does business in a way that complies with all our requirements. If you have any further questions or need more information on this subject, please feel free to contact Steve Kratzke of my staff at th is address, or by telephone at (202) 366-2992.

Enclosure