Interpretation ID: nht75-6.12

DATE: 04/04/75

FROM: AUTHOR UNAVAILABLE; A.G. Detrick; NHTSA

TO: Volkswagen of America Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reference to your safety defect notification and remedy campaign (NHTSA No. 75-0022) concerning a nut used to secure the front exhaust pipe bracket to the automatic transmission housing which may loosen.

The letter which you have sent to the owners of the subject vehicles does not entirely meet the requirements of section 153 of the 1974 amendment to the National Traffic and Motor Vehicle Safety Act of 1966. Specifically, your letter fails to inform recipients that they may notify the Secretary of Transportation if they are unable to have the defect remedied without charge, as required by section 153(a)(6). The address for this purpose may be given as: Administrator, National Highway Traffic Safety Administration, Washington, D. C. 20590. We also believe that your statement, "although the possibility of a fire is remote," is a disclaimer, and is prohibited by 49 CFR @577.6. Likewise use of the word "may" in your second sentence implies that possibly a defect does not exist and is therefore also prohibited. Your letter also fails to contain an evaluation of the risk to motor vehicle safety as required by section 153(a)(2).

It is therefore necessary that you revise the owner notification letter and send a copy to each owner whose vehicle has not yet been corrected. A copy should also be sent to this office.

If you desire further information, please contact Messrs. W. Reinhart or James Murray of this office at (202) 426-2840. A copy of the 1974 amendment is enclosed.

SINCERELY,

Dear Customer:

This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.

A defect, which relates to motor vehicle safety, may exist in some 1975 model Audi 100 vehicles equipped with automatic transmission which were manufactured between September, 1974 and the middle of January, 1975.

This defect involves the possible loosening of a securing nut which holds the front exhaust pipe support bracket to the transmission housing. In the event that this becomes loose, the support bracket could vibrate to the point where it might touch and possibly damage the return fuel line.

In the interest of your safety, it is essential that the securing nut, together with the supporting bracket, is replaced on your vehicle as quickly as possible.

Although the possibility of a fire is remote, we urge that you immediately get in touch with the service manager of your authorized Audi dealership and make arrangements for the necessary work to be performed on your car. If you notice any fuel drippings when your car is parked, use no open flame and contact your Audi dealer immediately. This work will require approximately 1/2 hour and, of course, will be done without any charge to you. Necessary replacement parts have either already been shipped to your dealership or will arrive not later than the 14th of February.

While we very much regret the inconvenience, which we know this matter will cause you, we know that you will want to make prompt arrangements for the necessary work to be completed on your Audi as quickly as possible.

VOLKSWAGEN OF AMERICA, INC.

G. Meier -- TECHNICAL SERVICE MGR.