Interpretation ID: nht71-4.33

DATE: 10/26/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Blue Bird Body Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of September 13, 1971, concerning the Defect Reports regulations (49 CFR Part 573). You request a ruling concerning S573.7, which requires manufacturers to submit a copy "of all notices, bulletins, and other communications, other than these required to be submitted under #573.4(c)(8), sent to more than one dealer or purchaser of his vehicles regarding any defect, whether or not safety related, in such vehicles."

You ask wether this requirement includes letters that your company writes that are of a personal nature concerning possible defects, when the letters deal with more than one item, but have at least one item in common. If those letters are included in the requirement, you request that we specify a time span for which you would be responsible.

The intent of S573.7 is for manufacturers to provide the NHTSA with certain information each time a defect other than a defect under #573.4(c)(8) is found to exist in more than one vehicle. Thus, assuming the defect is not one on which information has been submitted pursuant to #573.4(c)(8), you may satisfy the requirement of S573.7 by submitting a copy of any one letter that pertains to a defect found in more than one vehicle, as long as the letter is approximately marked so that we can determine for which defect it is being submitted.

The regulation does not limit the time span for which manufacturers are responsible, and manufacturers must be sufficiently familiar with their repair programs so that if a defect appears at two or more points in time, the necessary information can be submitted.