Interpretation ID: nht76-5.36

DATE: 05/11/76

FROM: VETTER FOR JAMES B. GREGORY -- NHTSA

TO: Ford Motor Company

TITLE: FMVSR INTERPRETATION

TEXT: I am writing to inform you that the National Highway Traffic Safety Administration (NHTSA) will, for a limited time, refrain from enforcing one portion of 49 CFR Part 575, Consumer Information Regulations.

Subpart B of Part 575 specifies certain items of consumer information that apply to motor vehicles and their tires. Section 575.6 in Subpart A requires this information to be delivered to first purchasers (paragraphs (a) and (b)), made available to prospective purchasers (paragraph (c)) and submitted to the NHTSA (paragraph (d)). In particular, @ 575.6(d) requires that:

Each manufacturer of motor vehicles . . . shall submit to the Administrator 10 copies of the information specified in Part B of this part that is applicable to the vehicles or tires offered for sale, at least 30 days before that information is first provided for examination by prospective purchasers pursuant to paragraph (c) of this section.

I understand that the strike by the United Rubber Workers has, by cutting off the supply of new tires, created an emergency situation within the motor vehicle industry, making it difficult for a manufacturer to know more than several days before it completes a vehicle which tires will be available for installation on the vehicle. I understand further that the provision of such information to the NHTSA 30 days before it is made available to prospective purchasers has become virtually impossible.

In view of the impracticability under the current circumstances of the 30-day-notice requirement, the NHTSA has concluded that enforcement of the requirement at this time is inappropriate. Accordingly, with respect to vehicles offered for sale during the strike and the 60-day period following its settlement, the NHTSA will refrain from enforcing the 30-day-notice requirement in @ 575.6(d). Submittals of information to the agency must continue to be made, however, not later than the time the information is made available to prospective purchasers. With respect to vehicles that will be offered for sale at the expiration of the 60-day period, the NHTSA expects to begin receiving submittals after the thirtieth day following settlement of the strike.

Please note that the requirements of paragraphs (a), (b), and (c) of @ 575.6, as well as Federal Motor Vehicle Safety Standard No. 110, Tire Selection and Rims -- Passenger Cars, are not affected by this letter.