Interpretation ID: nht74-3.46

DATE: 05/22/74

FROM: AUTHOR UNAVAILABLE; A.G. Detrick; NHTSA

TO: Porsche/Audi

TITLE: FMVSR INTERPRETATION

TEXT: This is in reference to your defect notification campaign (NHTSA No. 73-0229) concerning possible fires resulting from a short in the radiator cooling fan in some Audi 100's.

The letter which you have sent to the owners of the involved vehicles does not entirely meet the requirements of 49 CFR Part 577. Specifically, the phrase, "possible hazard that may exist in your vehicle," may be construed as a disclaimer since it tends to discourage vehicle owners from having their vehicles corrected and is therefore not permitted. It is, however, permissible to state that the defect may not be present in every vehicle being campaigned if such a statement is applicable.

It will not be necessary to send an additional letter in this instance, but all future defect notifications must comply with the applicable regulation. If you desire further information, please contact Messrs. W. J. Reinhart or James Murray at this office (202) 426-2840.