Interpretation ID: nht73-2.22
DATE: 02/13/73
FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA
TO: International Harvester Company
TITLE: FMVSR INTERPRETATION
TEXT: In your petition for reconsideration of 49 CFR 575.103 dated January 12, 1973, you enclosed a copy of "International Camper's Manual for Truck-Camper Leading(Illegible Word) and asked whether its data content and format complied with the requirements, and especially @ 575.6.
Section 576.6 allows a document provided with a vehicle to "contain more than one table", but it "must clearly and unconditionally indicate which of the tables applies to the vehicle with which it is provided". Although pages 8 and 9 of the Guide explain how to use the tables, and page 6 refers the owner to the "capacity plate" for the proper weight rating, there appears to be nothing within the booklet itself that indicates which of the 16 tables applies to "the vehicle with which it is provided".
Other issues raised in your petition will be considered in the agency's response which will be published shortly.
Sincerely,
INTERNATIONAL HARVESTER COMPANY
MOTOR TRUCK DIVISION
January 12, 1973
Douglas W. Toms -- Administrator, National Highway Traffic Safety Administration
Subject: Petition for Reconsideration -- 49CFR 575.103, Truck Camper Loading, Docket No. 71-7; Notice 5
Dear Mr. Toms:
International Harvester Company (IH) respectfully files this petition requesting the Administrator to amend the new Consumer Information Regulation as published in the Federal Register p. 26607 on December 14, 1972.
On August 15, 1972 the NHTSA issued a new Motor Vehicle Safety Standard No. 126, Truck Camper Loading, with a mandatory effective date of January 1, 1973. On December 14, 1972 the NHTSA by issuance of 575.103 rescinded Standard No. 126 and enacted the new Consumer Information Requirements as a replacement for Standard No. 126.
IH is deeply concerned since it has put forth considerable time, effort and expense in developing and publishing information required to comply with the January 1, 1973 effective date of Standard No. 126. As a means of complying with Standard No. 126, production quantities of a 28-page IH Truck Camper Loading Guide (10 copies enclosed) were recently printed. We believe that this Camper Guide would be quite beneficial and effective in providing information to the consumer to assure proper selection of a compatible slide-in camper unit. In view of above, IH must support and favor the NHTSA's previous position of regulating requirements for truck camper loading information as a Motor Vehicle Safety Standard in preference to a Consumer Information Regulation.
It is apparent that revisions would have to be made to the above mentioned IH Camper Guide in order to comply with 575.103. We will not be able to implement these necessary revisions in time to meet the February 1, 1973 availability deadline as required by Docket No. 71-7, Notice 5. The amount of additional lead time needed by IH is, of course, dependent on the nature of the changes that would have to be made to the attached MVSS 126 Camper Guide to make it compliant with 575.103. Some of the obvious changes include certain references, definitions and effective dates that have been modified by NHTSA in the transition from MVSS 126 to 575.103.
There is one additional area in which some question exists. Heretofore IH has not been required to furnish consumer information under Part 575. We are therefore requesting an official interpretation from the NHTSA that the data content and format as presented in the attached IH Camper Guide - Part No. 1086777-R1 does in fact comply with 49 CFR Part 575. We are particularly concerned about Section 575.6.
As noted earlier IH will not be able to comply with the 3/1/73 effective date of 575.103 due to the time that would be required to revise and republish our Truck Camper Loading Guide. If the changes are of a minimal nature (i.e correction of references, definitions and dates) we will need approximately 60 days beyond the date that NHTSA responds to this Petition. If more extensive revisions are required, we anticipate that a minimum of six months lead time would be needed.
The following points will summarize the basic content of this Petition:
1. IH favors promulgation of subject requirements as Safety Standard No. 126 instead of a Consumer Information Regulation.
2. However, if NHTSA sees fit to implement as a Consumer Information Regulation IH is requesting a favorable interpretation that the basic content and format of the IH Camper Guide that has been developed to meet MVSS 126 would likewise satisfy the statutory requirements of 575.103. Consequently, if only minimal changes are required to the existing IH Camper Guide, the revised information can be made available within 60 days after the NHTSA response to this Petition is received by IH. If more substantive changes are required, it is estimated that approximately six months lead time will be required by IH.
IH would further point out that NHTSA's promulgation of 575.103 has, in fact, violated procedures outlined in the Administrative Procedure Act in that interested parties were not provided opportunity to comment upon providing the subject information under Part 575 Consumer Information prior to final enactment of 575.103. Therefore, should NHTSA decide not to grant any of the alternative modifications requested herein, we request that the subject regulation be reissued as a Notice of Proposed Rule Making as stipulated in the Administrative Procedure Act.
D. E. Schmidt -- Assistant Manager of Engineering