Interpretation ID: nht74-3.49

DATE: 06/06/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Armstrong Rubber Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter to Michael Peskoe of NHTSA's Cheif Counsel's Office asking our comments on a sample defect notification letter Sears plans to send to known purchasers of the Armstrong L78-15 Allstate Wideguard Dynaglass tire having the identification number CEV3FP1372.

The sample notification letter you enclose would not conform to 49 CFR Part 577, "Defect Notification" in several respects. To comply with section 577.4(b) we believe your letter should include, in addition to the existing statement, a statement that the tires failed to conform to the requirements of Federal Motor Vehicle Safety Standard No. 109. We have taken the position that defect notification letters resulting from failures of compliance with applicable safety standards should contain that information, as it would be required under section 575.5(b) were the notification sent following an administrative proceeding.

We also believe the letter should include precautions the purchaser can take to reduce the chance that the failure will occur (@ 577.4(c) (4)). Such precautions could be stated as the corollary to the failure mode you describe, i.e., avoid prolonged driving.

The letter further fails to conform to Part 577 in that it does not evaluate the risk to traffic safety in the manner set forth in section 577.4(d). Vehicle crash would seem to be a potential result of tire failure, and the letter should therefore contain language meeting section 577.4(d)(1).

Finally, the letter does not conform to section 577.4(e). It is not clear whether the "replacement free of charge" will include mounting or balancing, both of which might be considered by consumers as part of a free replacement. Consequently, we find that the description required by section 577.4(a)(1) is incomplete. There is further no attempt to meet the requirements of 577.4(e)(2) or (e)(3), requiring a date by which replacement parts (tires) are available (if they are presently available, the letter should so indicate) and how much time will be necessary to perform whatever labor is included in the replacement.

In order for your letter to conform to Part 577, it must be modified in each of the respects described above.