[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Rules and Regulations]
[Pages 2022-2023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-532]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 579

[Docket No. NHTSA 2001-8677; Notice 13]


Reporting of Information and Documents About Potential Defects; 
Correction

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Correcting amendment.

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SUMMARY: This document contains a correction to the due dates of 
reports under the early warning reporting rule.

DATES: This final rule is effective January 12, 2005.

[[Page 2023]]


FOR FURTHER INFORMATION CONTACT: Leo Yon, Office of Defects 
Investigation, NHTSA (phone: 202-366-5226).

SUPPLEMENTARY INFORMATION:

I. Background

    On July 10, 2002, NHTSA published a final rule implementing the 
early warning reporting (EWR) provisions of the Transportation Recall 
Enhancement, Accountability, and Documentation (TREAD) Act, 49 U.S.C. 
30166(m). 67 FR 45822. The agency has adopted a number of amendments to 
that rule. As of October 1, 2003, 49 CFR 579.28(b) Due date of reports 
read as follows:

    Except as provided in paragraph (n) of this section, each 
manufacturer of motor vehicles and motor vehicle equipment shall 
submit each report that is required by this subpart not later than 
30 days after the last day of the reporting period. Notwithstanding 
the prior sentence, the due date for reports covering the third and 
fourth calendar quarter of 2003 and the first calendar quarter of 
2004 shall be 60 days after the last day of the reporting period. 
Except as provided in Sec.  579.27(b), if a manufacturer has not 
received any of the categories of information or documents during a 
quarter for which it is required to report pursuant to Sec. Sec.  
579.21 through 579.26, the manufacturer's report must indicate that 
no relevant information or documents were received during that 
quarter. If the due date for any report is a Saturday, Sunday or a 
Federal holiday, the report shall be due on the next business day.

A September 28, 2004 notice amended the first two sentences of Sec.  
579.28(b) by extending the due date by which quarterly reports are to 
be submitted to the agency from 30 days to 60 days following the end of 
a calendar quarter and changing the date by which copies of non-dealer 
field reports were to be submitted from 30 days after the quarterly 
reports were due to 15 days after those reports are due. 69 FR 57867. 
After publishing the September 28th notice, we learned that we had 
inadvertently deleted the last two sentences of section 579.28(b). We 
had not intended to delete this language.
    Today's amendment corrects this error by re-inserting the last 2 
sentences of Sec.  579.28(b). In particular, the language is:

    Except as provided in Sec.  579.27(b), if a manufacturer has not 
received any of the categories of information or documents during a 
quarter for which it is required to report pursuant to Sec. Sec.  
579.21 through 579.26, the manufacturer's report must indicate that 
no relevant information or documents were received during that 
quarter. If the due date for any report is a Saturday, Sunday or a 
Federal holiday, the report shall be due on the next business day.

List of Subjects in 49 CFR Part 579

    Imports, Motor vehicle safety, Motor vehicles, Reporting and 
recordkeeping requirements.

0
Accordingly, 49 CFR Part 579 is corrected by making the following 
correcting amendment.

PART 579--REPORTING OF INFORMATION AND COMMUNICATIONS ABOUT 
POTENTIAL DEFECTS

0
1. The authority citation for part 579 continues to read as follows:

    Authority: Sec. 3, Pub. L. 106-414, 114 Stat. 1800 (49 U.S.C. 
30102-103, 30112, 30117-121, 30166-167); delegation of authority at 
49 CFR 1.50.

Subpart C--Reporting of Early Warning Information

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2. In Sec.  579.28, revise paragraph (b) to read as follows:


Sec.  579.28  Due date of reports and other miscellaneous provisions.

* * * * *
    (b) Due date of reports. Except as provided in subsection (n) of 
this section, each manufacturer of motor vehicles and motor vehicle 
equipment shall submit each report that is required by this subpart not 
later than 60 days after the last day of the reporting period. Except 
as provided in Sec.  579.27(b), if a manufacturer has not received any 
of the categories of information or documents during a quarter for 
which it is required to report pursuant to Sec. Sec.  579.21 through 
579.26, the manufacturer's report must indicate that no relevant 
information or documents were received during that quarter. If the due 
date for any report is a Saturday, Sunday or a Federal holiday, the 
report shall be due on the next business day.
* * * * *

    Issued on: January 3, 2005.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 05-532 Filed 1-11-05; 8:45 am]
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