Interpretation ID: nht73-6.12

DATE: 06/08/73

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: RVI Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 18, 1973, concerning a defect notification campaign involving furnaces manufactured by Suburban Manufacturing Company of Dayton, Tennessee, that have been used in recreational vehicles. You ask whether the obligation of the individual vehicle manufacturers under the Safety Act and applicable regulations may be met if the appropriate documents and notices are sent or filed by Suburban Manufacturing.

Suburban Manufacturing Company may prepare and submit to NHTSA or mail to purchasers, on behalf of the individual vehicle manufacturers, the information required by 49 CFR Part 573 "Defect Reports," 49 CFR Part 577, "Defect Notification," and Section 113 of the Safety Act (15 U.S.C. 1402). However, the requirements must be met as they apply to manufacturers of motor vehicles, and not manufacturers of equipment. Moreover, the vehicle manufacturers themselves will still be responsible if any of the documents filed or sent by Suburban Manufacturing Company fail to fully conform to all applicable requirements.

Sincerely yours,

May 18, 1973

Lawrence R. Schneider, Esq. Chief Counsel, NHTSA

Dear Larry:

At present a notification of defect campaign is being carried on in regard to NT32 furnaces manufactured by Suburban Manufacturing Company of Dayton, Tennessee. These furnaces have been sold to many different recreational vehicle manufacturers. We are pleased to note that Suburban Manufacturing Company has indicated a willingness to send all of the notices to purchasers, supply the parts required to repair the defect and bear the entire cost.

The only concern various manufacturers have expressed is that they want to be sure that their obligations under Section 113(d) of the Safety Act and Part 573 - Defect Reports - have been met if the necessary reports are filed by Suburban Manufacturing Company.

It would be appreciated if you would verify our belief that Suburban's reporting will be sufficient. I will undertake to convey your opinion to the RV companies involved.

Sincerely, David J. Humphreys RVI Washington Counsel

cc: Messrs. F. M. Radigan, P. Shrake, A. Spreen and W. Bigelow