Interpretation 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.