[Federal Register Volume 72, Number 111 (Monday, June 11, 2007)]
[Rules and Regulations]
[Pages 32014-32017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11119]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 573, 577 and 579

[Docket No. NHTSA-2007-27356; Notice 1]


Defect and Noncompliance Notification, Reports, and 
Responsibility; Reporting of Information and Documents Concerning 
Potential Defects

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Final rule; Changes of address and other administrative 
adjustments.

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SUMMARY: This final rule contains administrative adjustments to part 
573, Defect and Noncompliance Responsibility and Reports; part 577, 
Defect and Noncompliance Notification; and part 579, Reporting of 
Information and Communications about Potential Defects, of Title 49 of 
the CFR. Specifically, we are updating and/or supplementing the mailing 
and address information found in some sections, and correcting 
erroneous references found in other sections. We are also moving one 
paragraph of part 573, requiring submission of draft owner notification 
letters to NHTSA, to another paragraph found in part 577 that addresses 
the content of owner notification letters, where that paragraph more 
logically fits. None of these amendments impose or relax any 
substantive requirements or burdens on manufacturers.

DATES: This final rule is effective July 11, 2007.

FOR FURTHER INFORMATION CONTACT: Jennifer T. Timian, Office of Defects 
Investigation (NVS-215), NHTSA, 1200 New Jersey Avenue, SE., 
Washington, DC, 20590, telephone (202) 366-0209.

SUPPLEMENTARY INFORMATION:

Reasons for the Technical Amendments

    In various sections of parts 573 and 577 of Title 49 of the Code of 
Federal Regulations (CFR), manufacturers are required to report 
information, submit documentation, and engage in specific activities if 
a motor vehicle or an item of motor vehicle equipment they manufactured 
contains a safety defect or fails to comply with a Federal Motor 
Vehicle Safety Standard (FMVSS). Pursuant to part 579 of that same 
title, manufacturers are also required to report what is termed early 
warning information, including information concerning claims, deaths, 
and injuries, which is gathered to detect possible safety-related 
defects in particular motor vehicles and items of motor vehicle 
equipment.
    Depending on the particular section in question, manufacturers are 
required to address their submissions to certain offices at NHTSA's 
headquarters, and/or to particular e-mail addresses linked to those 
particular offices. The Department of Transportation, including NHTSA, 
is in the process of relocating its headquarters. The NHTSA offices 
affected by this notice moved to the new headquarters on May 31, 2007. 
Therefore, administrative adjustments are necessary to update the 
mailing address information in some sections.
    We are also taking the opportunity through this final rule to 
supplement other mailing and address information found in some 
sections, correct errors found in other sections, and relocate one 
paragraph whose subject matter is more appropriate to another 
paragraph. As one example, we are amending the address for mailed 
defect and noncompliance notifications for safety recalls as well as 
for other submissions concerning those recalls, and including a new e-
mail address, so that important safety information is routed directly 
to those in NHTSA responsible for

[[Page 32015]]

reviewing and processing it. Similarly, we are amending the mailing 
address and updating the e-mail addresses for mailed early warning 
reporting submissions so that information concerning potential safety 
defects is routed directly to those in NHTSA responsible for reviewing 
and processing this information.
    The Administrative Procedure Act, 5 U.S.C. 553, generally requires 
an agency to provide notice and an opportunity for comment before 
issuing a final rule. However, under 5 U.S.C. 553(b)(3)(A), notice and 
comment are not required for rules of agency organization, procedure, 
or practice. Nearly all of the changes made by this notice concern 
where and how to submit information to NHTSA in light of the agency's 
move to its new headquarters and are, therefore, related to NHTSA's 
organization. In addition, under 5 U.S.C. 553(b)(3)(B), an agency may 
issue a rule without notice and comment when it finds, for good cause, 
that notice and comment would be impracticable, unnecessary, or 
contrary to the public interest. None of the changes made today will 
impose or relax any substantive requirements or burdens on 
manufacturers.\1\ These administrative adjustments, however, will 
provide to entities that are currently required to submit information 
to NHTSA the best methods of ensuring proper delivery of that 
information. Moreover, these amendments will enable the agency to 
process and manage important safety-related information in a more 
expeditious fashion. Because these amendments merely inform the public 
of proper mailing addresses and mail routing codes, move a paragraph 
concerning a required submission to its more logical location so that 
it can be more easily found, and correct erroneous information (such as 
outmoded titles for agency officials), public comment on the changes 
would serve no purpose. Moreover, allowing time for such comment in 
light of the agency's imminent move to its new headquarters would be 
contrary to the public interest because it could result in important 
safety-related submissions going astray. Accordingly, NHTSA finds for 
good cause that any notice and opportunity for comment on these 
administrative adjustments is not necessary.
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    \1\ We note, for one example, that none of the administrative 
adjustments made by today's final rule supersedes the requirement in 
49 U.S.C. 30118(c) that manufacturers notify NHTSA by certified mail 
when they learn a product they manufacture contains a safety defect 
or does not comply with a FMVSS. In this context, certified mail 
includes such services as the United States Postal Service or 
private carriers offer. This is a statutory directive and one that 
we do not have the authority to modify. For the reader's 
convenience, we have added a reference to it in the rule text. 
However, in order to assist the agency in most efficiently 
processing this information, we continue to permit submission of 
additional copies of these notifications (commonly referred to as 
defect or noncompliance information reports) via e-mail to 
[email protected], or any other means by which a manufacturer may 
choose to expeditiously provide this information.
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    The regulatory parts and sections that are amended by today's final 
rule are identified below.

The Changes of Address and Other Administrative Adjustments

    The Department of Transportation's headquarters, including NHTSA, 
is in the process of relocating from 400 7th Street address to its new 
location at 1200 New Jersey Avenue, SE., Washington, DC, 20590. 
Accordingly, we are changing the address information provided in the 
following regulatory sections or paragraphs that contain obsolete 
street address information: 49 CFR 573.10(a), Reporting the sale or 
lease of defective or noncompliant tires; 49 CFR 577.5(g)(1)(vii), 
Notification pursuant to a manufacturer's decision; 49 CFR 579.6, 
Address for submitting reports and other information; and 49 CFR 
579.29(f), Manner of reporting. In addition, we are adding the new 
street address to 49 CFR 573.9, Address for submitting required reports 
and other information, which did contain some address information, but 
not a street address.
    We are adding references to the Recall Management Division and its 
mail routing code (NVS-215) to 49 CFR 573.9, Address for submitting 
required reports and other information, paragraph (c)(10) of 49 CFR 
573.6, Defect and noncompliance information report, and paragraph (a) 
of 49 CFR 577.5, Notification pursuant to a manufacturer's decision. In 
49 CFR 573.9, we are also adding an e-mail address for that division--
[email protected]. The Recall Management Division (RMD) is the group 
within NHTSA's Office of Defects Investigation (ODI) that is 
responsible for receiving, processing, and managing recall-related 
information. Each of these changes will, therefore, provide the fastest 
delivery of this information once the information arrives at the 
Department's building or, in the case of e-mailed information, 
instantaneous delivery.\2\
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    \2\ All e-mailed submissions are more readily handled if placed 
into a portable document format (.pdf). Unlike other software, this 
format permits the agency to directly upload the information into 
its electronic system for collecting and managing this information.
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    For similar reasons, we are adding a reference to the Early Warning 
Division and its mail routing code (NVS-217) to paragraph (a) of 49 CFR 
579.5, Notices, bulletins, customer satisfaction campaigns, consumer 
advisories, and other communications, and paragraph (f) of 49 CFR 
579.29, Manner of reporting. The Early Warning Division is the group 
within ODI responsible for receiving, processing, and managing the 
early warning information manufacturers submit. This change in 
addressee information will allow for the fastest delivery of this 
information once it arrives at the Department's building. We are also 
updating the e-mail address information found in 49 CFR 579.6(a), 
Address for submitting reports and other information. Specifically, we 
are changing the address [email protected] to 
[email protected], and the address [email protected] to [email protected]. 
These changes reflect the Department's effort to truncate e-mail 
addresses where possible.
    In Sec.  573.6(c)(10), we are striking the reference about how to 
submit notifications required by part 577; that part amply explains how 
submissions made under it are to be made. In its place, we added 
language clarifying that manufacturers may submit representative copies 
of communications concerning a safety defect or noncompliance by any 
means of their choosing, so long as that means permits the manufacturer 
to verify promptly that the copy was in fact received by the Recall 
Management Division and the date it was received by that division.
    In addition to the above, we are deleting the text of current 49 
CFR 573.6(c)(11) and moving it to paragraph (a) of 49 CFR 577.5, 
Notification pursuant to a manufacturer's decision, where it more 
logically belongs. Part 573 concerns defect and noncompliance 
responsibility and reports submitted by manufacturers to NHTSA, while 
part 577 primarily concerns notifications by manufacturers to vehicle 
and equipment owners. Current 49 CFR 573.6(c)(11) contains the 
requirement that manufacturers submit a proposed owner notification 
letter to NHTSA at least five days before the manufacturer plans to 
mail notifications to owners and purchasers. Paragraph 49 CFR 577.5(a) 
dictates the content of those notifications and also requires 
manufacturers to submit a copy of the envelope in which they intend to 
mail the notifications (unless the format of the envelope has been 
previously approved). Given the correlation of subject matter in the 
two paragraphs,

[[Page 32016]]

the merging of the one into the other is appropriate. We think that 
placing the requirement to submit a draft owner notification letter to 
NHTSA in the same paragraph as the requirements for what should be in 
such a letter will aid manufacturers in locating the requirement and 
avoid confusion about such a letter's required content. Accordingly, 
several sentences in 577.5(a) are being reorganized and reworded in 
order to accommodate this merger. Manufacturers should note that this 
merger does not change the present requirement that proposed owner 
notifications and their envelopes be submitted to NHTSA (and now, more 
specifically, the Recall Management Division (NVS-215)) no fewer than 
five business days before mailing to owners begins. Nor does this 
merger change the requirement that these submissions be made by any 
means that permits the manufacturer to verify that its submission was 
received and the date it was received.
    The deletion of the current text in 49 CFR 573.6(c)(11) will 
necessitate the moving up of the regulatory text found in the 
paragraphs following that paragraph so as not to leave a numbering gap 
between the paragraphs. Therefore, the regulatory text presently in 
paragraph 573.6(c)(12) is being moved up and placed into paragraph 
573.6(c)(11).
    We are further correcting the addressee information found in 
paragraph (a) of 49 CFR 573.10, Reporting the sale or lease of 
defective or noncompliant tires, from the ``Associate Administrator for 
Safety Assurance,'' to the ``Associate Administrator for Enforcement.'' 
This change would reflect the Associate Administrator's present title. 
We are also replacing, for purposes of grammatical precision, the 
pronoun ``which'' with ``that'' in the paragraph.
    We are further amending 49 CFR 577.5(a) first to strike the 
reference to ``Sec.  573.6(c)(9)'' in that paragraph, as the reference 
to requirements for submission of draft owner notifications is no 
longer applicable because those requirements will now be found in the 
body of paragraph 577.5(a). Second, we are making the paragraph's 
regulatory text more gender-neutral by striking the references to 
``him'' and ``he,'' and replacing those terms with ``the 
manufacturer.'' Third, and for purposes of grammatical precision, we 
are replacing the pronoun ``which'' with ``that'' where appropriate. 
Fourth, and for purposes of clarity, we are adding the words ``the 
notification'' between ``mailing'' and ``to owners'' in the second to 
last sentence of the paragraph.
    In 49 CFR 579.5(a), Notices, bulletins, customer satisfaction 
campaigns, consumer advisories, and other communications, we are 
correcting the incorrect reference to ``Sec.  573.6(c)(9).'' Under the 
current text, a reader would be led to believe that paragraph 49 CFR 
573.6(c)(9) requires the submission of certain safety recall-related 
communications. That requirement, however, is found in paragraph 49 CFR 
573.6(c)(10), and not 573.6(c)(9).

List of Subjects in 49 CFR Parts 573, 577, and 579

    Defects, Motor vehicle safety, Noncompliance, Reporting and 
recordkeeping requirements, Tires.


0
For the reasons stated in the preamble, the following amendments are 
made to 49 CFR parts 573, 577, and 579:

PART 573--DEFECT AND NONCOMPLIANCE RESPONSIBILITY AND REPORTS

0
1. The authority citation for part 573 is revised to read as follows:

    Authority: 49 U.S.C. 30102, 30103, 30116-30121, 30166; 
delegation of authority at 49 CFR 1.50 and 49 CFR 501.8.


0
2. Section 573.6 is amended by revising paragraph (c)(10), removing 
paragraph (c)(11), redesignating paragraph (c)(12) as (c)(11) and 
revising newly redesignated paragraph (c)(11) to read as follows:


Sec.  573.6  Defect and noncompliance responsibility.

* * * * *
    (c) * * *
    (10) A representative copy of all notices, bulletins, and other 
communications that relate directly to the defect or noncompliance and 
are sent to more than one manufacturer, distributor, dealer or 
purchaser. These copies shall be submitted to NHTSA's Recall Management 
Division (NVS-215) (RMD), not later than 5 days after they are 
initially sent to manufacturers, distributors, dealers, or purchasers. 
Submission shall be made by any means, including those means identified 
in Sec.  573.9 of this part, which permits the manufacturer to verify 
promptly that the copy was in fact received by RMD and the date it was 
received by RMD.
    (11) The manufacturer's campaign number, if not identical to the 
identification number assigned by NHTSA.

0
3. Section 573.9 is revised to read as follows:


Sec.  573.9  Address for submitting required reports and other 
information.

    All submissions, except as otherwise required by this part, shall 
be addressed to the Associate Administrator for Enforcement, National 
Highway Traffic Safety Administration, Attention: Recall Management 
Division (NVS-215), 1200 New Jersey Avenue, SE., Washington, DC 20590. 
These submissions may be submitted as an attachment to an e-mail 
message to [email protected] in a portable document format (.pdf). 
Whether or not they are also submitted electronically, defect or 
noncompliance reports required by section 573.6 of this part must be 
submitted by certified mail in accordance with 49 U.S.C. 30118(c).

0
4. Section 573.10 is amended by revising paragraph (a) to read as 
follows:


Sec.  573.10  Reporting the sale or lease of defective or noncompliant 
tires.

    (a) Reporting requirement. Subject to paragraph (b) of this 
section, any person who knowingly and willfully sells or leases for use 
on a motor vehicle a defective tire or a tire that is not compliant 
with an applicable tire safety standard with actual knowledge that the 
manufacturer of such tire has notified its dealers of such defect or 
noncompliance as required under 49 U.S.C. 30118(c) or as required by an 
order under 49 U.S.C. 30118(b) must report that sale or lease to the 
Associate Administrator for Enforcement, NHTSA, 1200 New Jersey Ave., 
SE., Washington, DC 20590.
* * * * *

PART 577--DEFECT AND NONCOMPLIANCE NOTIFICATION

0
1. The authority citation for part 577 continues to read as follows:

    Authority: 49 U.S.C. 30102, 30103, 30116-30121, 30166; 
delegation of authority at 49 CFR 1.50 and 49 CFR 501.8.


0
2. Section 577.5 is amended by revising paragraphs (a) and (g)(1)(vii) 
introductory text to read as follows:


Sec.  577.5  Notification pursuant to a manufacturer's decision.

    (a) When a manufacturer of motor vehicles or replacement equipment 
determines that any motor vehicle or item of replacement equipment 
produced by the manufacturer contains a defect that relates to motor 
vehicle safety, or fails to conform to an applicable Federal motor 
vehicle safety standard, the manufacturer shall provide notification in 
accordance with paragraph (a) of Sec.  577.7, unless the manufacturer 
is exempted by the Administrator (pursuant to 49 U.S.C. 30118(d) or 
30120(h)) from giving such

[[Page 32017]]

notification. The notification shall contain the information specified 
in this section. The information required by paragraphs (b) and (c) of 
this section shall be presented in the form and order specified. The 
information required by paragraphs (d) through (h) of this section may 
be presented in any order. Except as authorized by the Administrator, 
the manufacturer shall submit a copy of its proposed owner notification 
letter, including any provisions or attachments related to 
reimbursement, to NHTSA's Recall Management Division (NVS-215) no fewer 
than five Federal Government business days before it intends to begin 
mailing it to owners. The manufacturer shall mark the outside of each 
envelope in which it sends an owner notification letter with a notation 
that includes the words ``SAFETY,'' ``RECALL,'' and ``NOTICE,'' all in 
capital letters and in type that is larger than that used in the 
address section, and is also distinguishable from the other type in a 
manner other than size. Except where the format of the envelope has 
been previously approved by NHTSA's Recall Management Division (NVS-
215), each manufacturer must submit the envelope format it intends to 
use to that division at least five Federal Government business days 
before mailing the notification to owners. Submission of envelopes and 
proposed owner notification letters shall be made by any means, 
including those means identified in 49 CFR 573.9, that permits the 
manufacturer to verify receipt promptly by the Recall Management 
Division and the date it was received by that division. Notification 
sent to an owner whose address is in either the Commonwealth of Puerto 
Rico or the Canal Zone shall be written in both English and Spanish.
* * * * *
    (g) * * *
    (1) * * *
    (vii) A statement informing the owner that he or she may submit a 
complaint to the Administrator, National Highway Traffic Safety 
Administration, 1200 New Jersey Ave., SE., Washington, DC 20590; or 
call the toll-free Vehicle Safety Hotline at 1-888-327-4236 (TTY: 1-
800-424-9153); or go to http://www.safercar.gov, if the owner believes 
that:
* * * * *

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

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

    Authority: 49 U.S.C. 30102-103, 30112, 30117-121, 30166-167; 
delegation of authority at 49 CFR 1.50 and 49 CFR 501.8.


0
2. Section 579.5 is amended by revising paragraph (a) to read as 
follows:


Sec.  579.5  Notices, bulletins, customer satisfaction campaigns, 
consumer advisories, and other communications.

    (a) Each manufacturer shall furnish to NHTSA's Early Warning 
Division (NVS-217) a copy of all notices, bulletins, and other 
communications (including those transmitted by computer, telefax, or 
other electronic means and including warranty and policy extension 
communiqu[eacute]s and product improvement bulletins) other than those 
required to be submitted pursuant to Sec.  573.6(c)(10) of this 
chapter, sent to more than one manufacturer, distributor, dealer, 
lessor, lessee, owner, or purchaser, in the United States, regarding 
any defect in its vehicles or items of equipment (including any failure 
or malfunction beyond normal deterioration in use, or any failure of 
performance, or any flaw or unintended deviation from design 
specifications), whether or not such defect is safety-related.
* * * * *
0
3. Section 579.6 is amended by revising paragraph (a) to read as 
follows:


Sec.  579.6  Address for submitting reports and other information.

    (a) Except as provided by paragraph (b) of this section, 
information, reports, and documents required to be submitted to NHTSA 
pursuant to this part may be submitted by mail, by facsimile, or by e-
mail. If submitted by mail, they must be addressed to the Associate 
Administrator for Enforcement, National Highway Traffic Safety 
Administration, Attention: Early Warning Division (NVS-217), 1200 New 
Jersey Avenue, SE., Washington, DC 20590. If submitted by facsimile, 
they must be addressed to the Associate Administrator for Enforcement 
and transmitted to (202) 366-7882. If submitted by e-mail, submissions 
under subpart B of this part must be submitted to [email protected] and 
submissions under Sec.  579.5 must be submitted to [email protected].
* * * * *

0
4. Section 579.29 is amended by revising paragraph (f) to read as 
follows:


Sec.  579.29  Manner of reporting.

* * * * *
    (f) Information and requests submitted under paragraphs (c), (d), 
and (e) of this section shall be provided in writing to the Director, 
Office of Defects Investigation, NHTSA, Attention: Early Warning 
Division (NVS-217), 1200 New Jersey Avenue, SE., Washington, DC 20590.

    Issued on: June 5, 2007.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. E7-11119 Filed 6-8-07; 8:45 am]
BILLING CODE 4910-59-P