Interpretation ID: nht73-5.46

DATE: 10/09/73

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Paulson and Humphreys

COPYEE: MR. PESCOE; MR. HELLMUTH

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your communication of September 20, 1973, requesting our review of a sample owner notification letter, regarding a safety related defect in certain Apache Camping Trailers, for purposes of conformity to 49 CFR Part 577, Defect Notification.

We believe the reference in the first sentence of the second paragraph, that a defect may exist, to be inconsistent with the regulation. This statement is apparently intended to meet the requirement of Section 577.4(b). This subsection, however, requires a particular statement and does not permit the use of "many" or similar expression. The statement required is not solely one of fact, but rather one of law, and the opening sentence of Section 577.4(b) shows clearly that the statement is required where the defect potentially exists in the vehicles or equipment in question. We also believe your references in other parts of the letter to "possible defect" suffer from the same deficiency.

In other respects, we believe your notification letter conforms to Part 577.