Interpretation ID: aiam0429
Greenbaum
Wolff & Ernst
437 Madison Avenue
New York
NY 10022;
Dear Mr. Samoff: This is in reply to your letter of July 28, 1971, requesting a official interpretation of certain provisions of the Defect Reports regulations (49 CFR Part 573). You ask whether S 573.5 requires quarterly reports to contain information of defect notification campaigns initiated prior to the regulation's effective date, which is now October 1, 1971 (36 F.R. 14742, August 11, 1971). If not, you ask whether an automobile manufacturer must provide any information concerning campaigns begun prior to the regulation's effective date.; The answer to your first question is no. Quarterly reports require pursuant to S 573.5 are not required to contain information regarding notification campaigns initiated before October 1, 1971.; With reference to your second question, manufacturers are required t provide certain information regarding notification campaigns initiated before the regulation's effective date. Section 113(d) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S 1402(d)) requires manufacturers to furnish NHTSA a copy of all notices, bulletins, and other communications to dealers or purchasers regarding any defect in a vehicle of (sic) item of equipment sold or serviced by the dealer. In addition, S 573.7 of the Defect Reports regulations requires a copy of certain notices, bulletins, or other communications to be furnished to NHTSA monthly. Both of these requirements apply to notices, bulletins, and other communications regarding defects discovered or determined to be related to motor vehicle safety before as well as after the regulation's effective date. Furthermore, the agency may, should the need arise, request information from manufacturers regarding past campaigns under the authority of section 112(d) of the Act (15 U.S.C. 1401(d)).; If you have further questions please write. Sincerely, Lawrence R. Schneider, Acting Chief Counsel