Interpretation ID: aiam1952
General Counsel
Holley Carburetor Division
P. O. Box 749
Warren MI 48090;
Dear Mr. Potoroka: This is in reference to your defect notification and remedy campaig involving some chrome reverse wheels which may have insufficient welds between the center disc and the rim. The National Highway Traffic Safety Administration (NHTSA) identification number *75E-022* has been assigned to this campaign. Please refer to that number in any future correspondence concerning this campaign.; The letter which you have submitted as the letter to be sent to retai purchasers of the subject wheels does not meet the requirement of Part 577(49 CFR) as well as the Motor Vehicle and Schoolbus Safety Amendments of 1974. Part 577, the Defect Notification regulation, is presently still in effect except for those sections which conflict with the 1974 amendment. Your notification letter therefore should have had the opening statements specified by Part 577.4(a) and (b).; The letter also does not notify owners that they may inform th Secretary of Transportation if they are unable to receive remedy without charge, as required by Section 153(a)(6) of the 1974 amendment. The fact that your company has set up a procedure intended to insure that all owners will receive remedy without charge does not eliminate that requirement. This office knows of numerous instances where an individual owner of a vehicle or item of motor vehicle equipment was not able to have a defect corrected. This may be due to a parts' supply problem, an uncooperative dealer, or some other problem which may not be known to the manufacturer. In any event, NHTSA does not have the authority to delete a requirement imposed by an act of Congress and must therefore insist that all manufacturers respond to Section 153(a)(6) in their owner notification letters. To comply, owners may be told that they may write to the Administrator, National Highway Traffic Safety Administration, Washington, D. C. 20590.; Although the letter does imply that dealers are prepared to remedy th defect, it does not give the earliest date on which the defect will be remedied without charge, as required by Section 153(a)(5) of the 1974 amendment.; It is therefore necessary that you revise the owner notification lette to conform with Part 577, as well as Section 153 of the 1974 amendment. A copy of the revised letter should be sent to all owners who have not yet had their wheels inspected or replaced, and also to this office. If you desire further information, please contact Messrs. James Murray or W. Reinhart of this office at (202) 426-2840. A copy of Part 577 is enclosed.; Sincerely, Andrew G. Detrick, Director, Office of Defect Investigation, Motor Vehicle Programs;