DOT 49 CFR PART 556-2010 EXEMPTION FOR INCONSEQUENTIAL DEFECT OR NONCOMPLIANCE.pdf

1、179 Natl Highway Traffic Safety Admin., DOT 556.4 one or more exemptions issued under this sub-part shall affix a label that meets meet all the requirements of 49 CFR 555.9. PART 556EXEMPTION FOR IN-CONSEQUENTIAL DEFECT OR NONCOMPLIANCE Sec. 556.1 Scope. 556.2 Purpose. 556.3 Application. 556.4 Petit

2、ion for exemption. 556.5 Processing of petition. 556.6 Meetings. 556.7 Disposition of petition. 556.8 Rescission of decision. 556.9 Public inspection of relevant informa-tion. AUTHORITY: Sec. 157, Pub. L. 93492, 88 Stat. 1470 (15 U.S.C. 1417); delegation of authority at 49 CFR 1.50. SOURCE: 42 FR 71

3、45, Feb. 7, 1977, unless oth-erwise noted. 556.1 Scope. This part sets forth procedures, pur-suant to section 157 of the Act, for ex-empting manufacturers of motor vehi-cles and replacement equipment from the Acts notice and remedy require-ments when a defect or noncompliance is determined to be inc

4、onsequential as it relates to motor vehicle safety. 556.2 Purpose. The purpose of this part is to enable manufacturers of motor vehicles and replacement equipment to petition the NHTSA for exemption from the notifi-cation and remedy requirements of the Act due to the inconsequentiality of the defect

5、 or noncompliance as it re-lates to motor vehicle safety, and to give all interested persons an oppor-tunity for presentation of data, views, and arguments on the issues of incon-sequentiality. 556.3 Application. This part applies to manufacturers of motor vehicles and replacement equip-ment. 556.4

6、Petition for exemption. (a) A manufacturer who has deter-mined the existence, in a motor vehicle or item of replacement equipment that he produces, of a defect related to motor vehicle safety or a noncompli-ance with an applicable Federal motor vehicle safety standard, or who has re-ceived notice of

7、 an initial determina-tion by the NHTSA of the existence of a defect related to motor vehicle safety or a noncompliance, may petition for exemption from the Acts notification and remedy requirements on the grounds that the defect or noncompli-ance is inconsequential as it relates to motor vehicle sa

8、fety. (b) Each petition submitted under this part shall (1) Be written in the English lan-guage; (2) Be submitted in three copies to: Administrator, National Highway Traf-fic Safety Administration, Washington, DC 20590; (3) State the full name and address of the applicant, the nature of its organi-z

9、ation (e.g., individual, partnership, or corporation) and the name of the State or country under the laws of which it is organized. (4) Describe the motor vehicle or item of replacement equipment, includ-ing the number involved and the period of production, and the defect or non-compliance concernin

10、g which an ex-emption is sought; and (5) Set forth all data, views, and ar-guments of the petitioner supporting his petition. (6) Be accompanied by three copies of the report the manufacturer has sub-mitted, or is submitting, to NHTSA in accordance with part 573 of this chap-ter, relating to its det

11、ermination of the existence of safety related defect or noncompliance with an applicable safe-ty standard that is the subject of the petition. (c) In the case of defects related to motor vehicle safety or noncompli-ances determined to exist by a manu-facturer, petitions under this part must be submi

12、tted not later than 30 days after such determination. In the case of defects related to motor vehicle safety or noncompliances initially de-termined to exist by the NHTSA, peti-tions must be submitted not later than 30 days after notification of the deter-mination has been received by the manufactur

13、er. Such a petition will not VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00189 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-180 49 CFR Ch. V (10110 Edition)

14、 556.5 constitute a concession by the manu-facturer of, nor will it be considered relevant to, the existence of a defect related to motor vehicle safety or a nonconformity. 42 FR 7145, Feb. 7, 1977, as amended at 56 FR 66376, Dec. 23, 1991 556.5 Processing of petition. (a) The NHTSA publishes a noti

15、ce of each petition in the FEDERAL REG-ISTER. Such notice includes: (1) A brief summary of the petition; (2) A statement of the availability of the petition and other relevant infor-mation for public inspection; and (3)(i) In the case of a defect related to motor vehicle safety or a noncompli-ance d

16、etermined to exist by the manu-facturer, an invitation to interested persons to submit written data, views, and arguments concerning the petition, and, upon request by the petitioner or interested persons, a statement of the time and place of a public meeting at which such materials may be presented

17、 orally if any person so desires. (ii) In the case of a defect related to motor vehicle safety or a noncompli-ance initially determined to exist by the NHTSA, an invitation to interested persons to submit written data, views, and arguments concerning the petition or to submit such data, views, and a

18、r-guments orally at the meeting held pursuant to section 152(a) of the Act following the initial determination, or at a separate meeting if deemed appro-priate by the agency. 556.6 Meetings. (a) At a meeting held under this part, any interested person may make oral (as well as written) presentations

19、 of data, views, and arguments on the question whether the defect or non-compliance described in the FEDERAL REGISTER notice is inconsequential as it relates to motor vehicle safety. (b) Sections 556 and 557 of Title 5, U.S.C., do not apply to any meeting held under this part. Unless otherwise speci

20、fied, any meeting held under this part is an informal, nonadversary, fact- finding proceeding, at which there are no formal pleadings or adverse parties. A decision to grant or deny a petition, after a meeting on such petition, is not necessarily based exclusively on the record of the meeting. (c) T

21、he Administrator designates a representative to conduct any meeting held under this part. The Chief Counsel designates a member of his staff to serve as legal officer at the meeting. A transcript of the proceeding is kept and exhibits may be kept as part of the transcript. 556.7 Disposition of petit

22、ion. Notice of either a grant or denial of a petition for exemption from the no-tice and remedy requirements of the Act based upon the inconsequentiality of a defect or noncompliance is issued to the petitioner and published in the FEDERAL REGISTER. The effect of a grant of a petition is to relieve

23、the manufacturer from any further respon-sibility to provide notice and remedy of the defect or noncompliance. The ef-fect of a denial is to continue in force, as against a manufacturer, all duties contained in the Act relating to notice and remedy of the defect or noncompli-ance. Any interested per

24、son may ap-peal the grant or denial of a petition by submitting written data, views, or ar-guments to the Administrator. 556.8 Rescission of decision. The Administrator may rescind a grant or denial of an exemption issued under this part any time after the re-ceipt of new data and notice and oppor-t

25、unity for comment thereon, in accord-ance with 556.5 and 556.7. 556.9 Public inspection of relevant information. Information relevant to a petition under this part, including the petition and supporting data, memoranda of in-formal meetings with the petitioner or any other interested person concerni

26、ng the petition, and the notice granting or denying the petition, are available for public inspection in the Docket Sec-tion, Room 5109, National Highway Traffic Safety Administration, 400 Sev-enth Street, SW., Washington, DC 20590. Copies of available information may be obtained in accordance with

27、part 7 of the regulations of the Office of VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00190 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-181 Natl Highway T

28、raffic Safety Admin., DOT 557.5 the Secretary of Transportation (49 CFR part 7). (Authority: Sec. 104, Pub. L. 93492, 88 Stat. 1470 (15 U.S.C. 1417) 42 FR 7145, Feb. 7, 1977, as amended at 48 FR 44081, Sept. 27, 1983 PART 557PETITIONS FOR HEAR-INGS ON NOTIFICATION AND REMEDY OF DEFECTS Sec. 557.1 Sc

29、ope. 557.2 Purpose. 557.3 General. 557.4 Requirements for petition. 557.5 Improperly filed petitions. 557.6 Determination whether to hold a pub-lic hearing. 557.7 Public hearing. 557.8 Determination of manufacturers obli-gation. AUTHORITY: Sec. 9, Pub. L. 89670, 80 Stat. 931 (49 U.S.C. 1657); sec. 1

30、03, 119, Pub. L. 89 563, 80 Stat. 718 (15 U.S.C. 1392, 1407); sec. 156, Pub. L. 93492, 88 Stat. 1470 (15 U.S.C 1416); delegation of authority at 49 CFR 1.50). SOURCE: 41 FR 56812, Dec. 30, 1976, unless otherwise noted. 557.1 Scope. This part establishes procedures under section 156 of the National T

31、raf-fic and Motor Vehicle Safety Act of 1966, as amended (88 Stat. 1470, 15 U.S.C. 1416), for the submission and dis-position of petitions filed by interested persons for hearings on the question of whether a manufacturer has reason-ably met his obligation to notify own-ers, purchasers, and dealers

32、of a safety- related defect or failure to comply with a Federal motor vehicle safety stand-ard, or to remedy such defect or failure to comply. This part also establishes procedures for holding a hearing on these questions. 557.2 Purpose. The purpose of this part is to enable the National Highway Tra

33、ffic Safety Administration to identify and respond on a timely basis to petitions for hear-ings on whether a manufacturer has reasonably met his obligation to notify or remedy, and to establish the proce-dures for such hearings. 557.3 General. Any interested person may file with the Administrator a

34、petition request-ing him to hold a hearing on (a) Whether a manufacturer has rea-sonably met his obligation to notify owners, purchasers, and dealers of a safety-related defect in any motor ve-hicle or item of replacement equipment manufactured by him; (b) Whether a manufacturer has rea-sonably met

35、his obligation to notify owners, purchasers, and dealers of a failure to comply with an applicable Federal motor vehicle safety standard in any motor vehicle or item of re-placement equipment manufactured by him; (c) Whether the manufacturer has reasonably met his obligation to rem-edy a safety-rela

36、ted defect in any motor vehicle or item of replacement equipment manufactured by him; or (d) Whether the manufacturer has reasonably met his obligation to rem-edy a failure to comply with an appli-cable Federal motor vehicle safety standard in any motor vehicle or item of replacement equipment manuf

37、ac-tured by him. 557.4 Requirements for petition. A petition filed under this part should be addressed and submitted to: Administrator, National Highway Traf-fic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. Each petition filed under this part must (a) Be written in the Engli

38、sh or Span-ish language; (b) Have, preceding its text, the word Petition; (c) Contain a brief statement con-cerning the alleged failure of a manu-facturer to meet reasonably his obliga-tion to notify or remedy; (d) Contain a brief summary of the data, views, or arguments that the pe-titioner wishes

39、to present in a hearing on whether or not a manufacturer has reasonably met his obligations to no-tify or remedy; (e) Specifically request a hearing. 557.5 Improperly filed petitions. (a) A petition that is not addressed as specified in 557.4, but that meets the other requirements of that section, will VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00191 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-