Interpretation ID: 77-5.4

TYPE: INTERPRETATION-NHTSA

DATE: 12/12/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: Motor Coach Industries Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of October 27, 1977, with respect to distribution of a service bulletin on the subject of "New Generator Control and Low Air Switch Setting." As your inconsequentiality petition is now pending (Docket No. IP77-14) you have asked whether you may "hold further actions or procedures on [the] two items [discussed] pending the outcome" of the petition.

The NHTSA does not advise manufacturers to withhold corrective action while inconsequentiality petitions are pending. That decision must be made by the manufacturer as an independent exercise of its judgment. However, a company that has filed an inconsequentiality petition is not required to notify and remedy pursuant to the National Traffic and Motor Vehicle Safety Act until such time as its petition has been denied. Your service bulletin does not fulfill the requirements of 49 CFR Part 577 and if you issue it now, in the event of the denial of the petition you would be required to notify all owners of vehicles which remain uncorrected.