Interpretation ID: aiam1945
Controller
Franklin Coach Company
Inc.
P. O. Box 152
Nappanee
IN 46550;
Re: Draft defect notification letter, CIR-910 Dear Mr. Abel: Thank you for submitting your draft defect notification letter for ou review. We find that the draft fails in several respects to conform to regulations specifying the content of the notification (49 CFR Part 577, *Defect Notification*, copy enclosed). First the reference in the second sentence of your letter to 'your motor home' does not contain the identifying criteria required by section 577.4(b)(1). The sentence should more objectively identify the motor home, preferably by model number and name.; It appears from the facts you present that in addition to adding ne leaf springs, the certification label on the vehicles should be replaced. An upgrading of the vehicle's carrying capacity should be reflected in both its gross vehicle and axle weight ratings. A correct certification label should reflect the values as they apply to the repaired vehicle. Your notification letter should therefore specify steps the owner can take to correct the certification label (S577.4(e)). One method you should consider is to furnish to each owner a corrected certification label with instructions for its installation by him.; Your letter also fails to conform to section 577.4(e)(3), which applie when the manufacturer does not offer to assume the cost of the repair. It appears from your description that you are modifying the existing springs, and they should be identified by name and part number (S577.4(e)(3)(ii)). You also have not provided a required detailed description (including appropriate illustrations) of each step required to repair the defect (S577.4(e)(3)(iv) (sic).; Finally, the requirements of section 577.4(e)(3)(iii) require th manufacturer to take positive steps to determine the availability of repair parts. You are obligated to at least determine whether the parts you recommend for replacement are in fact available. We do not believe you have met this requirement by merely stating that the parts 'should be available.' You can probably obtain this information by contacting the vehicle manufacturer, or by finding comparable repair parts in the replacement market.; Yours truly, James C. Schultz, Chief Counsel