Interpretation ID: aiam4018
P.E.
Manager
Product Compliance
Volvo Cars of North America
Rockleigh
NJ 07647;
Dear Mr. Friberg: This is to acknowledge receipt of your petition dated June 27, 1985 for a determination that a noncompliance with Federal Motor Vehicle Safety Standard No. 110 is inconsequential as it relates to motor vehicle safety.; Paragraph S4.3 of the standard requires that a specified placard sho the recommended tire size designation. Volvo has provided labels on approximately 3,200 passenger cars which show an incorrect recommended minimum tire size. Thus, these labels state '185/65R15' but the correct information is '185/70R15.' However, Volvo intends to mail correct placards 'to owners of all affected vehicles.'; By providing the corrective placard, Volvo will remedy th noncompliance. Because the noncompliance will no longer exist, the question of whether it has a consequential relationship to safety is moot. The remaining question is the adequacy of the notification which Volvo will provide owners of the affected vehicles. Because the corrective action is such that it may be easily accomplished by the owner (affixing the gummed placard to the car), the agency has concluded that any deviation of the text of the notice from the requirements of 49 CFR Part 577 would be a technical violation only. Therefore, NHTSA does not intend to seek re-notice or civil penalties for such a violation. Consequently, the agency intends no further action on your petition.; The agency's conclusions apply to the facts of this case only and d not necessarily represent the agency's posture in future cases involving forms of notification other than specified by Part 577, for noncompliances.; Our records indicate that Volvo is in technical noncompliance with 4 CFR Part 573, *Defect and Noncompliance Reports*, by failing to file a report within 5 days of its determination of the existence of the noncompliances. We will, however, treat the submission of information in your petition as a Part 573 report. Part 573 also requires 6 quarterly reports on the progress of recall campaigns. In your situation, the campaign will be accomplished in a single mailing. We ask that you furnish the agency with a report of the number of letters sent and the number of letters returned as undeliverable in lieu of the Part 573 quarterly reports.; Sincerely, Erika Z. Jones, Chief Counsel