ID: nht72-6.14

DATE: 11/10/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Truck Equipment & Body Manufacturers Association

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letters of September 25 and October 19, 1972. In your letter of September 25, you ask whether persons performing intermediate manufacturing operations are subject to the Defect Reports regulations, specifically that part of the regulations which requires the quarterly reporting of production figures (@ 573.5(b)). The defect reports regulations apply to all manufacturers of complete or incomplete motor vehicles. We consider intermediate manufacturers to be within the latter category, and the reguations therefore apply to them.

Your letter of October 19 asks whether a person who installs a fifth wheel in a pickup truck is considered a "remanufacturer." Under existing regulations, we would not consider the installation of a fifth wheel on a pickup truck to be a significant enough alteration to constitute remanufacturing. Under the recently proposed amendment to the Certification Regulations regarding the certification of altered vehicles (37 F.R. 22800, October 25, 1972), whether such a person would be an alterer and required to affix a new label to the vehicle would depend upon whether the fifth-wheel is a readily attachable component.

ID: nht72-6.15

DATE: 08/16/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Thoroughbred Homes Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your inquiry of July 26, 1972, concerning the application of defect reporting requirements to mobile home manufacturers

Although mobile homes are not specifically mentioned in the National Traffic and Motor Vehicle Safety Act, they are considered to be motor vehicle subject to the Act. Because of their unique characteristics, mobile house have been categorized as a separate vehicle type, "mobile structure trailer," under the motor vehicle safety standards, 49 CFR Part 571. "Mobile structure trailer is defined in section 571.3 of that part.

The Defect Reports regulations (49 CFR Part 573) apply to manufacturers of all types of motor vehicles, including mobile structure trailers. They require manufacturers to report the number of vehicles manufactured during each calendar quarter. The description of the regulation's requirements in the article you enclosed is somewhat incomplete and accordingly we have enclosed a copy of the regulation for your guidance.

There are no specific forms which we require to be used in the submission of the specified informations. Copies of acceptable formats you may wish to use, however, are also enclosed.

ID: nht72-6.16

DATE: 12/20/72

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Center for Auto Safety

TITLE: FMVSR INTERPRETATION

TEXT: Thank you for your letter of 20 November, 1972, concerning alleged non-compliance of the Defect Information Report regarding Volkswagen Windshield Wipers, submitted by Volkswagon of American on October 12, 1972, with the requirements of NHTSA's Defect Reports Regulations, 49 CFR Part 573. We agree that Volkswagen has failed to supply information required by sections 573.4(c)(2) and 573.4(c)(8) of the Regulation, specifically, the months of manufacture of the affected vehicles and a chronology which includes warranty claims, field service bulletins, and other such information. We are contacting Volkswagon to determine why the Company has failed to furnish that information and to attempt to obtain it. We also agree with your conclusion that 100% of 1948-1949 Volkswagens are potentially affected by the windshield wiper defect. However, Volkswagen's statement that 'no information is available" as to either the total number of such vehicles operating in the United States, or the percentage potentially affected satisfies the disclosure requirement of the regulation (49 CFR 573.4(c)(3, 4)).

We cannot agree, however, with your remaining assertions of non-compliance with the Regulations. While the Volkswagen Information Report is lacking in detail and is a poor example of an informational communication, it does contain minimal responses to the enumerated requirements of the Regulations.

Thank you for your interest in motor vehicle safety.

ID: nht72-6.17

DATE: 03/17/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: CaraVan Custom Conversions

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of February 21, 1972, in which you request information on how to comply with the Defect Reports regulations (49 CFR Part 573). You state that your company converts vans into campers and other specialized uses, that some of your work is minor in nature, such as installing paneling, floors, or windows, and vents, and ask how to determine when you have developed a "model" for reporting purposes under the regulations.

The Defect Reports regulations apply to "manufacturers." As a general rule, a person who converts an already complete vehicle will be considered a manufacturer of the converted vehicle if he modifies it in such a way that the vehicle's structure or function is affected, to a significant extent. For example, a person who takes a basic van-type truck and makes extensive interior modifications to provide eating, sleeping, and bathroom facilities -- producing what might be called a motor home, although nomenclature is not determinative -- would be considered a manufacturer by the NHTSA. By contrast, a person who only added a window or some paneling at a customer's request would not be so considered. We recognize that a precise and universal line between these two polar examples is difficult to draw. For purposes of compliance with Part 573, we will accept a reasonable judgment on your part as to where the line should be drawn in your case.

Since your work is done a custom basis, you may consider the "make" and "model" language of the regulation as inapplicable to your production.

ID: nht72-6.18

DATE: 08/31/72

FROM: AUTHOR UNAVAILABLE; Douglas W. Toms; NHTSA

TO: State Farm Mutual Automobile Insurance Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in further response to your letters of May 3 and August 8, 1972, requesting that the NHTSA make available to insurance companies, such as State Farm, "vehicle identification numbers" (VIN's) which the companies could then utilize to independently notify policyholders whose vehicles have been subject to manufacturers' defect notification campaigns.

The NHTSA has reconsidered your request and has determined to propose, as an amendment to our Defect Reports regulations (49 CFR Part 573), that manufacturers be required to submit to the NHTSA the VIN's of vehicles subject to campaigns. The VIN's would be included in our public file and would be available to insurance companies and other groups who would wish to use them.

The NHTSA does not presently require manufacturers to submit the VIN's of campaigned vehicles (although the Defect Reports regulations do require manufacturers to compile the numbers for their own use). Because this will be a new requirement, the NHTSA is obligated by law to initiate rulemaking to provide for comments by interested persons, and to consider such comments in the decision as to whether the rule should be issued. We will take steps to publish the appropriate notice in the nearest possible future.

Your continuing interest in motor vehicle safety is, of course, greatly appreciated.

ID: nht72-6.19

DATE: 09/06/72

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: University of Puerto Rico

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of July 20, 1972, requesting that we obtain for you vehicle identification numbers for vehicles involved in certain defect notification campaigns.

At present, manufacturers are not required to furnish vehicle identification numbers to the NHTSA. While they are required to compile them for their own purposes as part of their Owner Lists, as we indicated in our letter to you of July 5, 1972, we do not consider your request to be a justifiable reason for requesting this information from manufacturers. We appreciate your efforts with regard to the survey you have to conduct, but we do not believe it appropriate to require manufacturers to prepare and submit information to us purely on the basis of private individual requests.

Your letters, and others we have received, however, have demonstrated that a legitimate safety purpose can be served if identification numbers of vehicles involved in campaigns are made available to public and other groups. As a result, the NHTSA has determined to process to amend the Defect Reports regulations to require all manufacturers to supply vehicle identification numbers as part of the information they must submit pursuant to those regulations. Vehicle identification numbers would then be available to the public as a matter of course.

We have enclosed copies of quarterly reports which refer to three of the four campaigns you listed (General Motors, campaign number 71-G230: Toyota, campaign number (Illegible Word); and Volkswagen, campaign number 71-0005). Information on the fourth, Ford campaign number 71-0045, was not required to be submitted, and the manufacturer has not voluntarily submitted any to us.

ID: nht72-6.2

DATE: 03/23/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: The Daystar Motor Homes Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of February 4 asking for copies of regulations applicable to a "motor home" you wish to manufacture.

I enclose a copy of the National Traffic and Motor Vehicle Safety Act of 1966, the basic statute setting forth your obligations as a manufacturer, and the authority for all applicable regulations. A publication titled "Federal Motor Vehicle Safety Standard and Other Regulations" is available from the Superintendent of Documents, Government Printing Office, Washington, D. C. 20402. The price of $ 8.00 includes a subscription of up to one year of supplements. The Federal standards and regulations also appear in Title 49 of the Code of Federal Regulations (Title 19 for the important regulations), generally available at law libraries. Amendments and proposals are published, when issued, in the Federal Register.

If you have any questions after obtaining and receiving these materials I will be happy to answer them for you. A "motor home" for your information, is defined as a "multipurpose passenger vehicle" under the Federal standards.

ID: nht72-6.20

DATE: 07/05/72

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: University of Puerto Rico

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of June 9, 1972, raising certain questions concerning the National Traffic and Motor Vehicle Safety Act, and the Defect Reports regulations (49 CFR Part 573).

You ask whether the amendments made by sections 4(a) and (c) of Public Law 91-265 took effect on November 28, 1970 or later. Section 4(d) of that law specified, as you note, that these sections take effect 180 days after the enactment of the Act, unless the Secretary of Transportation determined that a later date was in the public interest. No such determination was made, and the sections took effect 180 days after the Act's enactment. However, our computation shows that 180 days after May 22 is November 18, not November 28.

You ask if Owners Lists (49 CFR 573.6), including vehicle identification numbers, can be obtained by NHTSA and transmitted to your organization. The NHTSA would not consider it appropriate to require manufacturers to submit owner's lists to it for purposes not involved in the enforcement of the National Traffic and Motor Vehicle Safety Act. We would not consider the study you wish to perform to be within this purpose.

You also ask if we can furnish you copies of Quarterly Reports (49 CFR 573.5) at least as they relate to cars sold in Puerto Rico. Quarterly reports submitted by manufacturers, except for the production figures submitted pursuant to section 573.5(b), are considered to be public documents and are available for public inspection. Due to the large number of reports we receive, however, we can furnish copies only if the precise reports desired are specified. The reports do not disclose the geographical location of the vehicles involved.

With reference to your request for the latest version of the leaflet, "Motor Vehicle Safety Defect Recall Campaigns," I have enclosed the volume which provides information for the complete year 1971, and a new volume dealing with January-March 1972.

ID: nht72-6.21

DATE: 07/25/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Sheller-Globe Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of June 23, 1972, concerning the Certification and related regulations (49 CFR Parts 567. 568). You indicate in your letter that many school bus bodies are exceeding by small amounts the weight ratings specified for the chassis by the incomplete manufacturer, and that increasing the capability of the chassis results in expenditures which you believe are not justified by the additional safety achieved. You indicate also that you believe that section 567.5 requires the final-stage manufacturer to use the incomplete vehicle ratings for his ratings, except when differing tire sizes are specified in accordance with 567.4(h).

You appear to be misinterpreting the regulations. There is no requirement that a final-stage manufacturer use the ratings provided by the incomplete vehicle manufacturer. The final-stage manufacturer is free to raise them for purposes of certification, as long as the values he chooses are consistent with the definitions of GAWR and GVWR. If he does raise them, however, he can no longer rely on the assurances of the incomplete vehicle manufacturer as to conformity with the standards, but will be responsible, subject to the Vehicle Safety Act's penalties, for (1) conformity of the vehicle with all applicable standards, and (2) ensuring that no safety problem has been created. If the final-stage manufacturer will not assume this responsibility, in our opinion he cannot reasonably maintain that the limitations imposed by the incomplete manufacturer's ratings are unjustified.

In short, you are free to choose and combine your components as you see fit, as long as you use due care to ensure that the vehicle conforms to the standards and contains no safety-related defects. Observing the component manufacturer's maximum load ratings is usually the easiest way to do this.

ID: nht72-6.22

DATE: 02/15/72

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Wells Manufacturing Corp.

TITLE: FMVSS INTERPRETATION

TEXT: In your letter of February 2 you refer to paragraph S4.5.1 of Motor Vehicle Safety Standard No. 108 and its reference to SAE Recommended Practice J564a, Headlamp Beam Switching, April 1964. You ask "whether there is anything in your Docket related to Rule #108 to bring it up to either J564b or J564c."

Perhaps you misread S4.5.1, but it does allow conformance with J564b as an alternative to J564a. No proposal has been issued requiring or allowing conformance with J564c.