Interpretation ID: nht71-2.26

DATE: 04/13/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Toyo Kogyo Co. Ltd.

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of March 16, 1971, requesting interpretations of several provisions of the Defect Report Regulations, 49 CFR Part 573.

You ask whether a quarterly report containing the information specified by section 573.5(b) concerning quarterly motor vehicle production must be submitted for calendar quarters during which no defect notification campaign is conducted. This interpretation is correct. A quarterly report containing the production figures and such other information as may be required by section 573.5 must be submitted for each calendar quarter.

You ask whether the first quarterly report required to be submitted pursuant to section 573.5 need cover only the period from August 16, 1971 (the effective date of the regulation) to September 30, 1971. This interpretation is correct.

Finally, you ask whether the term "submit", as used in sections 573.4(b) and 573.5(a), means "send". This interpretation is generally correct. The requirements in these sections for the submission of the defect information and quarterly reports would be satisfied by mailing the reports so that they are postmarked within the specified period of time. For example, defect information reports that are mailed to NHTSA must be postmarked not more than 5 working days after a defect in a vehicle has been determined to be safety-related. However, hand-delivered defect information reports must be received by NHTSA not more than 5 working days after such determination.