49 Cfr 573

Nat’l Highway Traffic Safety Admin., DOT

[71 FR 75370, Dec. 14, 2006, as amended at 74
FR 29896, June 23, 2009]

Sec.
573.1 Scope.
573.2 Purpose.
573.3 Application.
573.4 Definitions.
573.5 Defect and noncompliance responsibility.
573.6 Defect and noncompliance information
report.
573.7 Quarterly reports.
573.8 Lists of purchasers, owners, dealers,
distributors, lessors and lessees.
573.9 Address for submitting required reports and other information.
573.10 Reporting the sale or lease of defective or noncompliant tires.
573.11 Prohibition on sale or lease of new
defective and noncompliant motor vehicles and items of replacement equipment.
573.12 Prohibition on sale or lease of new
and used defective and noncompliant
motor vehicle equipment.
573.13 Reimbursement for prenotification
remedies.
573.14 Accelerated remedy program.
573.15 Public availability of motor vehicle
recall information.

573.16

Reporting bankruptcy petition.

AUTHORITY: 49 U.S.C. 30102, 30103, 30116–
30121, 30166, Pub. L. 112–141, 126 Stat. 405; delegation of authority at 49 CFR 1.95 and 49
CFR 501.8.
SOURCE: 43 FR 60169, Dec. 26, 1978, unless
otherwise noted.

§ 573.1

Scope.

This part:
(a) Sets forth the responsibilities
under 49 U.S.C. 30116–30121 of manufacturers of motor vehicles and motor vehicle equipment with respect to safetyrelated defects and noncompliances
with Federal motor vehicle safety
standards in motor vehicles and items
of motor vehicle equipment; and
(b) Specifies requirements for—
(1) Manufacturers to maintain lists of
owners, purchasers, dealers, and distributors notified of defective and noncomplying motor vehicles and motor
vehicle original and replacement equipment,
(2) Reporting to the National Highway Traffic Safety Administration
(NHTSA) defects in motor vehicles and
motor vehicle equipment and noncompliances with motor vehicle safety
standards prescribed under part 571 of
this chapter, and

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PART 573—DEFECT AND NONCOMPLIANCE
RESPONSIBILITY
AND REPORTS

§ 573.1

§ 573.2

49 CFR Ch. V (10–1–18 Edition)

(3) Providing quarterly reports on defect and noncompliance notification
campaigns.
[69 FR 34959, June 23, 2004]

§ 573.2

Purposes.

The purposes of this part are:
(a) To facilitate the notification of
owners of defective and noncomplying
motor vehicles and items of motor vehicle equipment, and the remedy of
such defects and noncompliances, by
equitably apportioning the responsibility for safety-related defects and
noncompliances with Federal motor
vehicle safety standards among manufacturers of motor vehicles and motor
vehicle equipment; and
(b) To inform NHTSA of defective
and noncomplying motor vehicles and
items of motor vehicle equipment, and
to obtain information for NHTSA on
the adequacy of manufacturers’ defect
and noncompliance notification campaigns, on corrective action, on owner
response, and to compare the defect incidence rate among different groups of
vehicles.
[67 FR 45872, July 10, 2002]

jstallworth on DSKBBY8HB2PROD with CFR

§ 573.3

Application.

(a) Except as provided in paragraphs
(g), (h), and (i) of this section, this part
applies to manufacturers of complete
motor vehicles, incomplete motor vehicles, and motor vehicle original and replacement equipment, with respect to
all vehicles and equipment that have
been transported beyond the direct
control of the manufacturer.
(b) In the case of a defect or noncompliance decided to exist in a motor
vehicle or equipment item imported
into the United States, compliance
with §§ 573.6 and 573.7 by either the fabricating manufacturer or the importer
of the vehicle or equipment item shall
be considered compliance by both.
(c) In the case of a defect or noncompliance decided to exist in a vehicle manufactured in two or more
stages, compliance with §§ 573.6 and
573.7 by either the manufacturer of the
incomplete vehicle or any subsequent
manufacturer of the vehicle shall be
considered compliance by all manufacturers.

(d) In the case of a defect or noncompliance decided to exist in an item
of replacement equipment (except
tires) compliance with §§ 573.6 and 573.7
by the brand name or trademark owner
shall be considered compliance by the
manufacturer. Tire brand name owners
are
considered
manufacturers
(49
U.S.C. 10102(b)(1)(E)) and have the same
reporting requirements as manufacturers.
(e) In the case of a defect or noncompliance decided to exist in an item
of original equipment used in the vehicles of only one vehicle manufacturer,
compliance with §§ 573.6 and 573.7 by either the vehicle or equipment manufacturer shall be considered compliance
by both.
(f) In the case of a defect or noncompliance decided to exist in original
equipment installed in the vehicles of
more than one manufacturer, compliance with § 573.6 is required of the
equipment manufacturer as to the
equipment item, and of each vehicle
manufacturer as to the vehicles in
which the equipment has been installed. Compliance with § 573.7 is required of the manufacturer who is conducting the recall campaign.
(g) The provisions of § 573.10 apply to
all persons.
(h) The provisions of § 573.11 apply to
dealers, including retailers of motor
vehicle equipment.
(i) The provisions of § 573.12 apply to
all persons.
[43 FR 60169, Dec. 26, 1978, as amended at 60
FR 17268, Apr. 5, 1995; 66 FR 38162, July 23,
2001; 67 FR 19697, Apr. 23, 2002; 68 FR 18142,
Apr. 15, 2003]

§ 573.4 Definitions.
For purposes of this part:
Act means 49 U.S.C. Chapter 301.
Administrator means the Administrator of the National Highway Traffic
Safety Administration or his delegate.
First purchaser means first purchaser
for purposes other than resale.
Leased motor vehicle means any motor
vehicle that is leased to a person for a
term of at least four months by a lessor who has leased five or more vehicles in the twelve months preceding
the date of notification by the vehicle
manufacturer of the existence of a
safety-related defect or noncompliance

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Nat’l Highway Traffic Safety Admin., DOT
with a Federal motor vehicle safety
standard in the motor vehicle.
Lessee means a person who is the lessee of a leased motor vehicle as defined
in this section.
Lessor means a person or entity that
is the owner, as reflected on the vehicle’s title, of any five or more leased
vehicles (as defined in this section), as
of the date of notification by the manufacturer of the existence of a safetyrelated defect or noncompliance with a
Federal motor vehicle safety standard
in one or more of the leased motor vehicles.
Original equipment means an item of
motor vehicle equipment (other than a
tire) that was installed in or on a
motor vehicle at the time of its delivery to the first purchaser if the item of
equipment was installed on or in the
motor vehicle at the time of its delivery to a dealer or distributor for distribution, or was installed by the dealer or distributor with the express authorizations of the motor vehicle manufacturer.
Readable form means a form readable
by the unassisted eye or readable by
machine. If readable by machine, the
submitting party must obtain written
confirmation from the Office of Defects
Investigation immediately prior to
submission that the machine is readily
available to NHTSA. For all similar information responses, once a manufacturer has obtained approval for the
original response in that form, it will
not have to obtain approval for future
submissions in the same form. In addition, all coded information must be accompanied by an explanation of the
codes used.
Replacement equipment means motor
vehicle equipment other than original
equipment as defined in this section,
and tires.
[43 FR 60169, Dec. 26, 1978, as amended at 60
FR 17268, Apr. 5, 1995; 67 FR 45872, July 10,
2002]

jstallworth on DSKBBY8HB2PROD with CFR

§ 573.5 Defect and noncompliance responsibility.
(a) Each manufacturer of a motor vehicle shall be responsible for any safety-related defect or any noncompliance
determined to exist in the vehicle or in
any item of original equipment.

§ 573.6
(b) Each manufacturer of an item of
replacement equipment shall be responsible for any safety-related defect
or any noncompliance determined to
exist in the equipment.
[67 FR 45872, July 10, 2002]

§ 573.6 Defect and noncompliance information report.
(a) Each manufacturer shall furnish a
report to the NHTSA for each defect in
his vehicles or in his items of original
or replacement equipment that he or
the Administrator determines to be related to motor vehicle safety, and for
each noncompliance with a motor vehicle safety standard in such vehicles or
items of equipment which either he or
the Administrator determines to exist.
(b) Each report shall be submitted
not more than 5 working days after a
defect in a vehicle or item of equipment has been determined to be safety
related, or a noncompliance with a
motor vehicle safety standard has been
determined to exist. At a minimum, information required by paragraphs
(c)(1), (2), and (5) of this section shall
be submitted in the initial report. The
remainder of the information required
by paragraph (c) of this section that is
not available within the five-day period shall be submitted within 5 working days after the manufacturer has
confirmed the accuracy of the information. In addition, each manufacturer
shall amend information required by
paragraphs (c)(2), (3), and (8)(i) or (ii)
within 5 working days after it has new
information that updates or corrects
information that was previously reported. Each manufacturer submitting
new information relative to a previously submitted report shall refer to
the recall campaign number when a
number has been assigned by the
NHTSA.
(c) Each manufacturer shall include
in each report the information specified below.
(1) The manufacturer’s name: The
full corporate or individual name of
the fabricating manufacturer and any
brand name or trademark owner of the
vehicle or item of equipment shall be
spelled out, except that such abbreviations as ‘‘Co.’’ or ‘‘Inc.’’, and their foreign equivalents, and the first and middle initials of individuals, may be used.

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§ 573.6

49 CFR Ch. V (10–1–18 Edition)

In the case of a defect or noncompliance decided to exist in an imported
vehicle or item of equipment, the agency designated by the fabricating manufacturer pursuant to 49 U.S.C. section
30164(a) shall be also stated. If the fabricating manufacturer is a corporation
that is controlled by another corporation that assumes responsibility for
compliance with all requirements of
this part the name of the controlling
corporation may be used.
(2) Identification of the vehicles or
items of motor vehicle equipment potentially containing the defect or noncompliance, including a description of
the manufacturer’s basis for its determination of the recall population and a
description of how the vehicles or
items of equipment to be recalled differ
from similar vehicles or items of equipment that the manufacturer has not
included in the recall.
(i) In the case of passenger cars, the
identification shall be by the make,
line, model year, the inclusive dates
(month and year) of manufacture, and
any other information necessary to describe the vehicles.
(ii) In the case of vehicles other than
passenger cars, the identification shall
be by body style or type, inclusive
dates (month and year) of manufacture
and any other information necessary to
describe the vehicles, such as GVWR or
class for trucks, displacement (cc) for
motorcycles, and number of passengers
for buses.
(iii) In the case of items of motor vehicle equipment, the identification
shall be by the generic name of the
component (tires, child seating systems, axles, etc.), part number (for
tires, a range of tire identification
numbers, as required by 49 CFR 574.5),
size and function if applicable, the inclusive dates (month and year) of manufacture if available, brand (or trade)
name, model name, model number, as
applicable, and any other information
necessary to describe the items.
(iv) In the case of motor vehicles or
items of motor vehicle equipment in
which the component that contains the
defect or noncompliance was manufactured by a different manufacturer from
the reporting manufacturer, the reporting manufacturer shall identify the
component and, if known, the compo-

nent’s country of origin (i.e. final place
of manufacture or assembly), the manufacturer and/or assembler of the component by name, business address, and
business telephone number. If the reporting manufacturer does not know
the identity of the manufacturer of the
component, it shall identify the entity
from which it was obtained. If at the
time of submission of the initial report, the reporting manufacturer does
not know the country of origin of the
component, the manufacturer shall ascertain the country of origin and submit a supplemental report with that
information once it becomes available.
(v) In the case of items of motor vehicle equipment, the manufacturer of the
equipment shall identify by name,
business address, and business telephone number every manufacturer that
purchases the defective or noncomplying component for use or installation in new motor vehicles or new
items of motor vehicle equipment.
(3) The total number of vehicles or
items of equipment potentially containing the defect or noncompliance,
and where available the number of vehicles or items of equipment in each
group identified pursuant to paragraph
(c)(2) of this section.
(4) The percentage of vehicles or
items of equipment specified pursuant
to paragraph (c)(2) of this section estimated to actually contain the defect or
noncompliance.
(5) A description of the defect or noncompliance, including both a brief
summary and a detailed description,
with graphic aids as necessary, of the
nature and physical location (if applicable) of the defect or noncompliance.
In addition, the manufacturer shall
identify and describe the risk to motor
vehicle safety reasonably related to the
defect or noncompliance consistent
with its evaluation of risk required by
49 CFR 577.5(f).
(6) In the case of a defect, a chronology of all principal events that were
the basis for the determination that
the defect related to motor vehicle
safety, including a summary of all warranty claims, field or service reports,
and other information, with their dates
of receipt.
(7) In the case of a noncompliance,
the test results and other information

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Nat’l Highway Traffic Safety Admin., DOT
that the manufacturer considered in
determining the existence of the noncompliance. The manufacturer shall
identify the date of each test and observation that indicated that a noncompliance might or did exist.
(8)(i) A description of the manufacturer’s program for remedying the defect or noncompliance. This program
shall include a plan for reimbursing an
owner or purchaser who incurred costs
to obtain a remedy for the problem addressed by the recall within a reasonable time in advance of the manufacturer’s notification of owners, purchasers and dealers, in accordance with
§ 573.13 of this part. A manufacturer’s
plan may incorporate by reference a
general reimbursement plan it previously submitted to NHTSA, together
with information specific to the individual recall. Information required by
§ 573.13 that is not in a general reimbursement plan shall be submitted in
the manufacturer’s report to NHTSA
under this section. If a manufacturer
submits one or more general reimbursement plans, the manufacturer
shall update each plan every two years,
in accordance with § 573.13. The manufacturer’s remedy program and reimbursement plans will be available for
inspection by the public at NHTSA
headquarters.
(ii) The estimated date(s) on which it
will begin sending notifications to owners, and to dealers and distributors,
that there is a safety-related defect or
noncompliance and that a remedy
without charge will be available to
owners, and the estimated date(s) on
which it will complete such notifications (if different from the beginning
date). If a manufacturer subsequently
becomes aware that either the beginning or the completion dates reported
to the agency for any of the notifications will be delayed by more than two
weeks, it shall promptly advise the
agency of the delay and the reasons
therefore, and furnish a revised estimate.
(iii) If a manufacturer intends to file
a petition for an exemption from the
recall requirements of the Act on the
basis that a defect or noncompliance is
inconsequential as it relates to motor
vehicle safety, it shall notify NHTSA
of that intention in its report to

§ 573.6
NHTSA of the defect or noncompliance
under this section. If such a petition is
filed and subsequently denied, the manufacturer shall provide the information
required by paragraph (c)(8)(ii) of this
section within five Federal government
business days from the date the petition denial is published in the FEDERAL
REGISTER.
(iv) If a manufacturer advises NHTSA
that it intends to file such a petition
for exemption from the notification
and remedy requirements on the
grounds that the defect or noncompliance is inconsequential as it relates to
motor vehicle safety, and does not do
so within the 30-day period established
by 49 CFR 556.4(c), the manufacturer
must submit the information required
by paragraph (c)(8)(ii) of this section no
later than the end of that 30-day period.
(9) In the case of a remedy program
involving the replacement of tires, the
manufacturer’s program for remedying
the defect or noncompliance shall:
(i) Address how the manufacturer
will assure that the entities replacing
the tires are aware of the legal requirements related to recalls of tires established by 49 U.S.C. Chapter 301 and regulations thereunder. At a minimum,
the manufacturer shall notify its
owned stores and/or distributors, as
well as all independent outlets that are
authorized to replace the tires that are
the subject of the recall, annually or
for each individual recall that the
manufacturer conducts, about the ban
on the sale of new defective or noncompliant tires (49 CFR 573.11); the prohibition on the sale of new and used defective and noncompliant tires (49 CFR
573.12); and the duty to notify NHTSA
of any sale of a new or used recalled
tire for use on a motor vehicle (49 CFR
573.10). For tire outlets that are manufacturer-owned or otherwise subject to
the control of the manufacturer, the
manufacturer shall also provide directions to comply with these statutory
provisions and the regulations thereunder.
(ii) Address how the manufacturer
will prevent, to the extent reasonably
within its control, the recalled tires
from being resold for installation on a
motor vehicle. At a minimum, the

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§ 573.6

49 CFR Ch. V (10–1–18 Edition)

manufacturer shall include the following information, to be furnished to
each tire outlet that it owns, or that is
authorized to replace tires that are recalled, either annually or for each individual recall the manufacturer conducts:
(A) Written directions to manufacturer-owned and other manufacturercontrolled outlets to alter the recalled
tires permanently so that they cannot
be used on vehicles. These shall include
instructions on the means to render recalled tires unsuitable for resale for installation on motor vehicles and instructions to perform the incapacitation of each recalled tire, with the exception of any tires that are returned
to the manufacturer pursuant to a
testing program, within 24 hours of receipt of the recalled tire at the outlet.
If the manufacturer has a testing program for recalled tires, these directions shall also include criteria for selecting recalled tires for testing and instructions for labeling those tires and
returning them promptly to the manufacturer for testing.
(B) Written guidance to all other outlets which are authorized to replace
the recalled tires on how to alter the
recalled tires promptly and permanently so that they cannot be used on
vehicles.
(C) A requirement that manufacturer-owned and other manufacturercontrolled outlets report to the manufacturer, either on a monthly basis or
within 30 days of the deviation, the
number of recalled tires removed from
vehicles by the outlet that have not
been rendered unsuitable for resale for
installation on a motor vehicle within
the specified time frame (other than
those returned for testing) and describe
any such failure to act in accordance
with the manufacturer’s plan;
(iii) Address how the manufacturer
will limit, to the extent reasonably
within its control, the disposal of the
recalled tires in landfills and, instead,
channel them into a category of positive reuse (shredding, crumbling, recycling, and recovery) or another alternative beneficial non-vehicular use. At
a minimum, the manufacturer shall include the following information, to be
furnished to each tire outlet that it
owns or that is authorized to replace

tires that are recalled, either annually
or for each individual recall that the
manufacturer conducts:
(A)(1) Written directions that require
manufacturer-owned and other manufacturer-controlled outlets either:
(i) To ship recalled tires to one or
more locations designated by the manufacturer as part of the program or
allow the manufacturer to collect and
dispose of the recalled tires; or
(ii) To ship recalled tires to a location of their own choosing, provided
that they comply with applicable state
and local laws and regulations regarding disposal of tires.
(2) Under option (c)(9)(iii)(A)(1)(ii) of
this section, the directions must also
include further direction and guidance
on how to limit the disposal of recalled
tires in landfills and, instead, channel
them into a category of positive reuse
(shredding, crumbling, recycling, and
recovery) or another alternative beneficial non-vehicular use.
(B)(1) Written guidance that authorizes all other outlets that are authorized to replace the recalled tires either:
(i) To ship recalled tires to one or
more locations designated by the manufacturer or allow the manufacturer to
collect and dispose of the recalled
tires; or
(ii) To ship recalled tires to a location of their own choosing, provided
that they comply with applicable state
and local laws and regulations regarding disposal of tires.
(2) Under option (c)(9)(iii)(B)(1)(ii) of
this section, the manufacturer must
also include further guidance on how to
limit the disposal of recalled tires in
landfills and, instead, channel them
into a category of positive reuse
(shredding, crumbling, recycling, and
recovery) or another alternative beneficial non-vehicular use.
(C) A requirement that manufacturer-owned and other manufacturercontrolled outlets report to the manufacturer, on a monthly basis or within
30 days of the deviation, the number of
recalled tires disposed of in violation of
applicable state and local laws and regulations, and describe any such failure
to act in accordance with the manufacturer’s plan; and

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(D) A description of the manufacturer’s program for disposing of the recalled tires that are returned to the
manufacturer or collected by the manufacturer from the retail outlets, including, at a minimum, statements
that the returned tires will be disposed
of in compliance with applicable state
and local laws and regulations regarding disposal of tires, and will be channeled, insofar as possible, into a category of positive reuse (shredding,
crumbling, recycling and recovery) or
another alternative beneficial non-vehicular use, instead of being disposed of
in landfills.
(iv) To the extent that the manufacturer wishes to limit the frequency of
shipments of recalled tires, it must
specify both a minimum time period
and a minimum weight for the shipments and provide that shipments may
be made at whichever minimum occurs
first.
(v) Written directions required under
this paragraph to be furnished to a
manufacturer-owned or controlled outlet shall be sent to the person in charge
of each outlet by first-class mail or by
electronic means, such as FAX transmissions or e-mail, with further instructions to notify all employees of
the outlet who are involved with removal, rendering unsuitable for use, or
disposition of recalled tires of the applicable requirements and procedures.
(vi) Manufacturers must implement
the plans for disposition of recalled
tires that they file with NHTSA pursuant to this paragraph. The failure of a
manufacturer to implement its plan in
accordance with its terms constitutes a
violation of the Safety Act.
(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 pursuant to § 573.9 of
this part.

§ 573.7
(11) The manufacturer’s campaign
number, if not identical to the identification number assigned by NHTSA.
[43 FR 60169, Dec. 26, 1978, as amended at 44
FR 20437, Apr. 5, 1979; 48 FR 44081, Sept. 27,
1983; 60 FR 17268, Apr. 5, 1995; 61 FR 278, Jan.
4, 1996. Redesignated at 67 FR 45872, July 10,
2002, as amended at 67 FR 64063, Oct. 17, 2002;
69 FR 34959, June 23, 2004; 69 FR 50084, Aug.
13, 2004; 70 FR 38814, July 6, 2005; 72 FR 32016,
June 11, 2007; 74 FR 47757, Sept. 17, 2009; 78 FR
51421, Aug. 20, 2013; 79 FR 43677, July 28, 2014]

§ 573.7

Quarterly reports.

(a) Each manufacturer who is conducting a defect or noncompliance notification campaign to manufacturers,
distributors, dealers, or owners shall
submit to NHTSA a report in accordance with paragraphs (b), (c), and (d) of
this section. Unless otherwise directed
by the NHTSA, the information specified in paragraphs (b)(1) through (5) of
this section shall be included in the
quarterly report, with respect to each
notification campaign, for each of six
consecutive quarters beginning with
the quarter in which the campaign was
initiated (i.e., the date the manufacturer notifies its purchasers of the
availability of a remedy) or corrective
action has been completed on all defective or noncomplying vehicles or items
of replacement equipment involved in
the campaign, whichever occurs first.
(b) Each report shall include the following information identified by and in
the order of the subparagraph headings
of this paragraph.
(1) The notification campaign number assigned by NHTSA.
(2) The date notification began and
the date completed.
(3) The number of vehicles or items of
equipment involved in the notification
campaign.
(4) The number of vehicles and equipment items which have been inspected
and repaired and the number of vehicles and equipment items inspected
and determined not to need repair.
(5) The number of vehicles or items of
equipment
determined
to
be
unreachable for inspection due to export, theft, scrapping, failure to receive
notification, or other reasons (specify).
The number of vehicles or items or
equipment in each category shall be
specified.

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§ 573.8

49 CFR Ch. V (10–1–18 Edition)

(6) In reports by equipment manufacturers, the number of items of equipment repaired and/or returned by dealers, other retailers, and distributors to
the manufacturer prior to their first
sale to the public.
(7) For all recalls that involve the replacement of tires, the manufacturer
shall provide:
(i) The aggregate number of recalled
tires that the manufacturer becomes
aware have not been rendered unsuitable for resale for installation on a
motor vehicle in accordance with the
manufacturer’s
plan
provided
to
NHTSA pursuant to § 573.6(c)(9);
(ii) The aggregate number of recalled
tires that the manufacturer becomes
aware have been disposed of in violation of applicable state and local laws
and regulations; and
(iii) A description of any failure of a
tire outlet to act in accordance with
the directions in the manufacturer’s
plan, including an identification of the
outlet(s) in question.
(c) Information supplied in response
to the paragraphs (b)(4) and (5) of this
section shall be cumulative totals.
(d) The reports required by this section shall be submitted in accordance
with the following schedule, except
that if the due date specified below
falls on a Saturday, Sunday or Federal
holiday, the report shall be submitted
on the next day that is a business day
for the Federal government:
(1) For the first calendar quarter
(January 1 through March 31), on or before April 30;
(2) For the second calendar quarter
(April 1 through June 30), on or before
July 30;
(3) For the third calendar quarter
(July 1 through September 30), on or
before October 30; and
(4) For the fourth calendar quarter
(October 1 through December 31), on or
before January 30.

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[51 FR 398, Jan. 6, 1986, as amended at 60 FR
17269, Apr. 5, 1995. Redesignated at 67 FR
45872, July 10, 2002, as amended at 69 FR
50085, Aug. 13, 2004; 79 FR 43677, July 28, 2014]

§ 573.8 Lists of purchasers, owners,
dealers, distributors, lessors, and
lessees.
(a) Each manufacturer of motor vehicles shall maintain, in a form suitable

for inspection such as computer information storage devices or card files, a
list of the names and addresses of registered owners, as determined through
State
motor
vehicle
registration
records or other sources or the most recent purchasers where the registered
owners are unknown, for all vehicles
involved in a defect or noncompliance
notification campaign initiated after
the effective date of this part. The list
shall include the vehicle identification
number for each vehicle and the status
of remedy with respect to each vehicle,
updated as of the end of each quarterly
reporting period specified in § 573.7.
Each vehicle manufacturer shall also
maintain such a list of the names and
addresses of all dealers and distributors
to which a defect or noncompliance notification was sent. Each list shall be
retained for 5 years, beginning with the
date on which the defect or noncompliance information report required by
§ 573.6 is initially submitted to NHTSA.
(b) Each manufacturer (including
brand name owners) of tires shall
maintain, in a form suitable for inspection such as computer information
storage devices or card files, a list of
the names and addresses of the first
purchasers of his tires for all tires involved in a defect or noncompliance
notification campaign initiated after
the effective date of this part. The list
shall include the tire identification
number of all tires and shall show the
status of remedy with respect to each
owner involved in each notification
campaign, updated as of the end of
each quarterly reporting period specified in § 573.6. Each list shall be retained, beginning with the date on
which the defect information report is
initially submitted to the NHTSA, for 3
years.
(c) For each item of equipment involved in a defect or noncompliance
notification campaign initiated after
the effective date of this part, each
manufacturer of motor vehicle equipment other than tires shall maintain,
in a form suitable for inspection, such
as computer information storage devices or card files, a list of the names
and addresses of each distributor and
dealer of such manufacturer, each
motor vehicle or motor vehicle equipment manufacturer and most recent

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Nat’l Highway Traffic Safety Admin., DOT
purchaser known to the manufacturer
to whom a potentially defective or noncomplying item of equipment has been
sold and to whom notification is sent,
the number of such items sold to each,
and the date of shipment. The list shall
show as far as is practicable the number of items remedied or returned to
the manufacturer and the dates of such
remedy or return. Each list shall be retained, beginning with the date on
which the defect report required by
§ 573.5 is initially submitted to the
NHTSA, for 5 years.
(d) Each lessor of leased motor vehicles that receives a notification from
the manufacturer of such vehicles that
the vehicle contains a safety-related
defect or fails to comply with a Federal
motor vehicle safety standard shall
maintain, in a form suitable for inspection, such as computer information
storage devices or card files, a list of
the names and addresses of all lessees
to which the lessor has provided notification of a defect or noncompliance
pursuant to 49 CFR 577.5(h). The list
shall also include the make, model,
model year, and vehicle identification
number of each such leased vehicle,
and the date on which the lessor
mailed notification of the defect or
noncompliance to the lessee. The information required by this paragraph
must be retained by the lessor for one
calendar year from the date the vehicle
lease expires.
[43 FR 60169, Dec. 26, 1978, as amended at 44
FR 20437, Apr. 5, 1979; 60 FR 17269, Apr. 5,
1995; 61 FR 278, Jan. 4, 1996. Redesignated at
67 FR 45872, July 10, 2002; 69 FR 34959, June
23, 2004]

jstallworth on DSKBBY8HB2PROD with CFR

§ 573.9 Address for submitting required reports and other information.
All submissions, except as otherwise
required by this part, shall be submitted to NHTSA on the Internet Web
page http://www.safercar.gov/Vehicle +
Manufacturers. A manufacturer must
use the templates provided at this Web
page for all submissions required under
this section. Defect and noncompliance
information reports required by § 573.6
of this part shall be submitted using
one of the following forms, depending
upon the type of product that is the
subject of the report: ‘‘Defect and/or

§ 573.10
Noncompliance Information Report
Form—Vehicles;’’ ‘‘Defect and/or Noncompliance Information Report Form—
Equipment;’’ ‘‘Defect and/or Noncompliance Information Report Form—
Tires;’’ ‘‘Defect and/or Noncompliance
Information Report Form—Child Restraints;’’ ‘‘Defect and/or Noncompliance
Information
Report—Vehicle
Alterers.’’ Reports required under
§ 573.7 of this part shall be submitted
using the form, ‘‘Quarterly Report
Form’’ also located at this Web page.
[78 FR 51421, Aug. 20, 2013]

§ 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.
(b) Exclusions from reporting requirement. Paragraph (a) of this section is
not applicable where, before delivery
under a sale or lease of a tire:
(1) The defect or noncompliance of
the tire is remedied as required under
49 U.S.C. 30120; or
(2) Notification of the defect or noncompliance is required by an order
under 49 U.S.C. 30118(b), but enforcement of the order is restrained or the
order is set aside in a civil action to
which 49 U.S.C. 30121(d) applies.
(c) Contents of report; requirement of
signature. (1) A report submitted pursuant to paragraph (a) of this section
must contain the following information, where that information is available to the person selling or leasing the
defective or noncompliant tire:
(i) A statement that the report is
being submitted pursuant to 49 CFR
573.10(a) (sale or lease of defective or
noncompliant tires);

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49 CFR Ch. V (10–1–18 Edition)

(ii) The name, address and phone
number of the person who purchased or
leased the tire;
(iii) The name of the manufacturer of
the tire;
(iv) The tire’s brand name, model
name, and size;
(v) The tire’s DOT identification
number;
(vi) The date of the sale or lease; and
(vii) The name, address, and telephone number of the seller or lessor.
(2) Each report must be dated and
signed, with the name of the person
signing the report legibly printed or
typed below the signature.
(d) Reports required to be submitted
pursuant to this section must be submitted no more than that five working
days after a person to whom a tire covered by this section has been sold or
leased has taken possession of that
tire. Submissions must be made by any
means which permits the sender to
verify promptly that the report was in
fact received by NHTSA and the day it
was received by NHTSA.
[65 FR 81413, Dec. 26, 2000, as amended at 72
FR 32016, June 11, 2007]

jstallworth on DSKBBY8HB2PROD with CFR

§ 573.11 Prohibition on sale or lease of
new defective and noncompliant
motor vehicles and items of replacement equipment.
(a) If notification is required by an
order under 49 U.S.C. 30118(b) or is required under 49 U.S.C. 30118(c) and the
manufacturer has provided to a dealer
(including retailers of motor vehicle
equipment) notification about a new
motor vehicle or new item of replacement equipment in the dealer’s possession, including actual and constructive
possession, at the time of notification
that contains a defect related to motor
vehicle safety or does not comply with
an applicable motor vehicle safety
standard issued under 49 CFR part 571,
the dealer may sell or lease the motor
vehicle or item of replacement equipment only if:
(1) The defect or noncompliance is
remedied as required by 49 U.S.C. 30120
before delivery under the sale or lease;
or
(2) When the notification is required
by an order under 49 U.S.C. 30118(b), enforcement of the order is restrained or

the order is set aside in a civil action
to which 49 U.S.C. 30121(d) applies.
(b) Paragraph (a) of this section does
not prohibit a dealer from offering the
vehicle or equipment for sale or lease,
provided that the dealer does not sell
or lease it.
[67 FR 19697, Apr. 23, 2002]

§ 573.12 Prohibition on sale or lease of
new and used defective and noncompliant motor vehicle equipment.
(a) Subject to § 573.12(b), no person
may sell or lease any new or used item
of motor vehicle equipment (including
a tire) as defined by 49 U.S.C.
30102(a)(7), for installation on a motor
vehicle, that is the subject of a decision under 49 U.S.C. 30118(b) or a notice
required under 49 U.S.C. 30118(c), in a
condition that it may be reasonably
used for its original purpose.
(b) Paragraph (a) of this section is
not applicable where:
(1) The defect or noncompliance is
remedied as required under 49 U.S.C.
30120 before delivery under the sale or
lease;
(2) Notification of the defect or noncompliance is required by an order
under 49 U.S.C. 30118(b), but enforcement of the order is restrained or the
order is set aside in a civil action to
which 49 U.S.C. 30121(d) applies.
[67 FR 19698, Apr. 23, 2002]

§ 573.13 Reimbursement for pre-notification remedies.
(a) Pursuant to 49 U.S.C. 30120(d) and
§ 573.6(c)(8)(i) of this part, this section
specifies requirements for a manufacturer’s plan (including general reimbursement plans submitted pursuant to
§ 573.6(c)(8)(i)) to reimburse owners and
purchasers for costs incurred for remedies in advance of the manufacturer’s
notification of safety-related defects
and noncompliance with Federal motor
vehicle safety standards under subsection (b) or (c) of 49 U.S.C. 30118.
(b) Definitions. The following definitions apply to this section:
(1) Booster seat means either a
backless child restraint system or a
belt-positioning seat.
(2) Claimant means a person who seeks
reimbursement for the costs of a pre-

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Nat’l Highway Traffic Safety Admin., DOT
notification remedy for which he or she
paid.
(3) Pre-notification remedy means a
remedy that is performed on a motor
vehicle or item of replacement equipment for a problem subsequently addressed by a notification under subsection (b) or (c) of 49 U.S.C. 30118 and
that is obtained during the period for
reimbursement specified in paragraph
(c) of this section.
(4) Other child restraint system means
all child restraint systems as defined in
49 CFR 571.213 S4 not included within
the categories of rear-facing infant
seat or booster seat.
(5) Rear-facing infant seat means a
child restraint system that is designed
to position a child to face only in the
direction opposite to the normal direction of travel of the motor vehicle.
(6) Warranty means a warranty as defined in § 579.4(c) of this chapter.
(c) The manufacturer’s plan shall
specify a period for reimbursement, as
follows:
(1) The beginning date shall be no
later than a date based on the underlying basis for the recall determined as
follows:
(i) For a noncompliance with a Federal motor vehicle safety standard, the
date shall be the date of the first test
or observation by either NHTSA or the
manufacturer indicating that a noncompliance may exist.
(ii) For a safety-related defect that is
determined to exist following the opening of an Engineering Analysis (EA) by
NHTSA’s Office of Defects Investigation (ODI), the date shall be the date
the EA was opened, or one year before
the date of the manufacturer’s notification to NHTSA pursuant to § 573.6 of
this part, whichever is earlier.
(iii) For a safety-related defect that
is determined to exist in the absence of
the opening of an EA, the date shall be
one year before the date of the manufacturer’s notification to NHTSA pursuant to § 573.6 of this part.
(2) The ending date shall be no earlier
than:
(i) For motor vehicles, 10 calendar
days after the date on which the manufacturer mailed the last of its notifications to owners pursuant to part 577 of
this chapter.

§ 573.13
(ii) For replacement equipment, 10
calendar days after the date on which
the manufacturer mailed the last of its
notifications to owners pursuant to
part 577 of this chapter (where applicable) or 30 days after the conclusion of
the manufacturer’s initial efforts to
provide public notice of the existence
of the defect or noncompliance pursuant to § 577.7, whichever is later.
(d) The manufacturer’s plan shall
provide for reimbursement of costs for
pre-notification remedies, subject to
the conditions established in the plan.
The following conditions and no others
may be established in the plan.
(1) The plan may exclude reimbursement for costs incurred within the period during which the manufacturer’s
original or extended warranty would
have provided for a free repair of the
problem addressed by the recall, without any payment by the consumer unless a franchised dealer or authorized
representative of the manufacturer denied warranty coverage or the repair
made under warranty did not remedy
the problem addressed by the recall.
The exclusion based on an extended
warranty may be applied only when the
manufacturer provided written notice
of the terms of the extended warranty
to owners.
(2)(i) For a motor vehicle, the plan
may exclude reimbursement:
(A) If the pre-notification remedy
was not of the same type (repair, replacement, or refund of purchase price)
as the recall remedy;
(B) If the pre-notification remedy did
not address the defect or noncompliance that led to the recall or a manifestation of the defect or noncompliance; or
(C) If the pre-notification remedy
was not reasonably necessary to correct the defect or noncompliance that
led to the recall or a manifestation of
the defect or noncompliance.
(ii) However, the plan may not require that the pre-notification remedy
be identical to the remedy elected by
the manufacturer pursuant to 49 U.S.C.
30120(a)(1)(A).
(3)(i) For replacement equipment, the
plan may exclude reimbursement:

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§ 573.13

49 CFR Ch. V (10–1–18 Edition)

(A) If the pre-notification remedy did
not address the defect or noncompliance that led to the recall or a manifestation of the defect or noncompliance;
(B) If the pre-notification remedy
was not reasonably necessary to correct the defect or noncompliance that
led to the recall or a manifestation of
the defect and noncompliance; or
(C) In the case of a child restraint
system that was replaced, if the replacement child restraint is not the
same type (i.e., rear-facing infant seat,
booster seat, or other child restraint
system) as the restraint that was the
subject of the recall.
(ii) However, the plan may not require that the pre-notification remedy
be identical to the remedy elected by
the manufacturer pursuant to 49 U.S.C.
30120(a)(1)(B).
(4) The plan may exclude reimbursement if the claimant did not submit
adequate documentation to the manufacturer at an address or location designated pursuant to § 573.13(f). The plan
may require, at most, that the following documentation be submitted:
(i) Name and mailing address of the
claimant;
(ii) Identification of the product that
was recalled:
(A) For motor vehicles, the vehicle
make, model, model year, and vehicle
identification number of the vehicle;
(B) For replacement equipment other
than child restraint systems and tires,
a description of the equipment, including model and size as appropriate;
(C) For child restraint systems, a description of the restraint, including the
type (rear-facing infant seat, booster
seat, or other child restraint system)
and the model; or
(D) For tires, the model and size;
(iii) Identification of the recall (either the NHTSA recall number or the
manufacturer’s recall number);
(iv) Identification of the owner or
purchaser of the recalled motor vehicle
or replacement equipment at the time
that the pre-notification remedy was
obtained;
(v) A receipt for the pre-notification
remedy, which may be an original or
copy:
(A) If the reimbursement sought is
for a repair, the manufacturer may re-

quire that the receipt indicate that the
repair addressed the defect or noncompliance that led to the recall or a
manifestation of the defect or noncompliance, and state the total amount
paid for the repair of that problem.
Itemization of a receipt of the amount
for parts, labor, other costs and taxes,
may not be required unless it is unclear on the face of the receipt that the
repair for which reimbursement is
sought addressed only the pre-notification remedy relating to the pertinent
defect or noncompliance or manifestation thereof.
(B) If the reimbursement sought is
for the replacement of a vehicle part or
an item of replacement equipment, the
manufacturer may require that the receipt identify the item and state the
total amount paid for the item that replaced the defective or noncompliant
item;
(vi) In the case of items of replacement equipment that were replaced,
documentation that the claimant or a
relative thereof (with relationship stated) owned the recalled item. Such documentation could consist of:
(A) An invoice or receipt showing
purchase of the recalled item of replacement equipment;
(B) If the claimant sent a registration card for a recalled child restraint
system or tire to the manufacturer, a
statement to that effect;
(C) A copy of the registration card
for the recalled child restraint system
or tire; or
(D) Documentation demonstrating
that the claimant had replaced a recalled tire that was on a vehicle that
he, she, or a relative owned; and
(vii) If the pre-notification remedy
was obtained at a time when the vehicle or equipment could have been repaired or replaced at no charge under a
manufacturer’s original or extended
warranty program, documentation indicating that the manufacturer’s dealer or authorized facility either refused
to remedy the problem addressed by
the recall under the warranty or that
the warranty repair did not correct the
problem addressed by the recall.
(e) The manufacturer’s plan shall
specify the amount of costs to be reimbursed for a pre-notification remedy.
(1) For motor vehicles:

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Nat’l Highway Traffic Safety Admin., DOT
(i) The amount of reimbursement
shall not be less than the lesser of:
(A) The amount paid by the owner for
the remedy, or
(B) The cost of parts for the remedy,
plus associated labor at local labor
rates, miscellaneous fees such as disposal of waste, and taxes. Costs for
parts may be limited to the manufacturer’s list retail price for authorized
parts.
(ii) Any associated costs, including,
but not limited to, taxes or disposal of
wastes, may not be limited.
(2) For replacement equipment:
(i) The amount of reimbursement ordinarily would be the amount paid by
the owner for the replacement item.
(ii) In cases in which the owner purchased a brand or model different from
the item of motor vehicle equipment
that was the subject of the recall, the
manufacturer may limit the amount of
reimbursement to the retail list price
of the defective or noncompliant item
that was replaced, plus taxes.
(iii) If the item of motor vehicle
equipment was repaired, the provisions
of paragraph (e)(1) of this section
apply.
(f) The manufacturer’s plan shall
identify an address to which claimants
may mail reimbursement clams and
may identify franchised dealer(s) and
authorized facilities to which claims
for reimbursement may be submitted
directly.
(g) The manufacturer (either directly
or through its designated dealer or facility) shall act upon requests for reimbursement as follows:
(1) The manufacturer shall act upon a
claim for reimbursement within 60
days of its receipt. If the manufacturer
denies the claim, the manufacturer
must send a notice to the claimant
within 60 days of receipt of the claim
that includes a clear, concise statement of the reasons for the denial.
(2) If a claim for reimbursement is incomplete when originally submitted,
the manufacturer shall advise the
claimant within 60 days of receipt of
the claim of the documentation that is
needed and offer an opportunity to resubmit the claim with complete documentation.
(h) Reimbursement shall be in the
form of a check or cash from the manu-

§ 573.14
facturer or a designated dealer or facility.
(i) The manufacturer shall make its
reimbursement plan available to the
public upon request.
(j) Any disputes over the denial in
whole or in part of a claim for reimbursement shall be resolved between
the claimant and the manufacturer.
NHTSA will not mediate or resolve any
disputes regarding eligibility for, or
the amount of, reimbursement.
(k) Each manufacturer shall implement each plan for reimbursement in
accordance with this section and the
terms of the plan.
(l) Nothing in this section requires
that a manufacturer provide reimbursement in connection with a fraudulent claim for reimbursement.
(m) A manufacturer’s plan may provide that it will not apply to recalls
based solely on noncompliant or defective labels.
(n) The requirement that reimbursement for a pre-notification remedy be
provided to an owner does not apply if,
in the case of a motor vehicle or replacement equipment other than a tire,
it was bought by the first purchaser
more than 10 calendar years before notice is given under 49 U.S.C. 30118(c) or
an order is issued under section 49
U.S.C. 30118(b). In the case of a tire,
this period shall be 5 calendar years.
[67 FR 64063, Oct. 17, 2002]

§ 573.14

Accelerated remedy program.

(a) An accelerated remedy program is
one in which the manufacturer expands
the sources of replacement parts needed to remedy the defect or noncompliance, or expands the number of authorized repair facilities beyond those facilities that usually and customarily
provide remedy work for the manufacturer, or both.
(b) The Administrator may require a
manufacturer to accelerate its remedy
program if:
(1) The Administrator finds that
there is a risk of serious injury or
death if the remedy program is not accelerated;
(2) The Administrator finds that acceleration of the remedy program can
be reasonably achieved by expanding

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§ 573.14

49 CFR Ch. V (10–1–18 Edition)

the sources of replacement parts, expanding the number of authorized repair facilities, or both; and
(3) The Administrator determines
that the manufacturer’s remedy program is not likely to be capable of
completion within a reasonable time.
(c) The Administrator, in deciding
whether to require the manufacturer to
accelerate a remedy program and what
to require the manufacturer to do, will
consult with the manufacturer and
may consider a wide range of information, including, but not limited to, the
following: the manufacturer’s initial or
revised
report
submitted
under
§ 573.6(c), information from the manufacturer, information from other manufacturers and suppliers, information
from any source related to the availability and implementation of the remedy, and the seriousness of the risk of
injury or death associated with the defect or noncompliance.
(d) As required by the Administrator,
an accelerated remedy program shall
include the manner of acceleration (expansion of the sources of replacement
parts, expansion of the number of authorized repair facilities, or both), may
require submission of a plan, may identify the parts to be provided and/or the
sources of those parts, may require the
manufacturer to notify the agency and
owners about any differences among
different sources or brands of parts,
may require the manufacturer to identify additional authorized repair facilities, and may specify additional owner
notifications related to the program.
The Administrator may also require
the manufacturer to include a program
to provide reimbursement to owners
who incur costs to obtain the accelerated remedy.
(e) Under an accelerated remedy program, the remedy that is provided shall
be equivalent to the remedy that would
have been provided if the manufacturer’s remedy program had not been accelerated. The replacement parts used
to remedy the defect or noncompliance
shall be reasonably equivalent to those
that would have been used if the remedy program were not accelerated. The
service procedures shall be reasonably
equivalent. In the case of tires, all replacement tires shall be the same size
and type as the defective or noncompli-

ant tire, shall be suitable for use on the
owner’s vehicle, shall have the same or
higher load index and speed rating,
and, for passenger car tires, shall have
the same or better rating in each of the
three categories enumerated in the
Uniform Tire Quality Grading System.
See 49 CFR 575.104. In the case of child
restraints systems, all replacements
shall be of the same type (e.g., rear-facing infant seats with a base, rear-facing infant seats without a base, convertible seats (designed for use in both
rear- and forward-facing modes), forward-facing only seats, high back
booster seats with a five-point harness,
and belt positioning booster seats) and
the same overall quality.
(f) In those instances where the accelerated remedy program provides
that an owner may obtain the remedy
from a source other than the manufacturer or its dealers or authorized facilities by paying for the remedy and/or its
installation, the manufacturer shall reimburse the owner for the cost of obtaining the remedy as specified on
paragraphs (f)(1) through (f)(3) of this
section. Under these circumstances,
the accelerated remedy program shall
include, to the extent required by the
Administrator:
(1) A description of the remedy and
costs that are eligible for reimbursement, including identification of the
equipment and/or parts and labor for
which reimbursement is available;
(2) Identification, with specificity or
as a class, of the alternative repair facilities at which reimbursable repairs
may be performed, including an explanation of how to arrange for service at
those facilities; and
(3) Other provisions assuring appropriate reimbursement that are consistent with those set forth in § 573.13,
including, but not limited to, provisions regarding the procedures and
needed documentation for making a
claim for reimbursement, the amount
of costs to be reimbursed, the office to
which claims for reimbursement shall
be submitted, the requirements on
manufacturers for acting on claims for
reimbursement, and the methods by
which owners can obtain information
about the program.

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(g) In response to a manufacturer’s
request, the Administrator may authorize a manufacturer to terminate
its accelerated remedy program if the
Administrator concludes that the manufacturer can meet all future demands
for the remedy through its own sources
in a prompt manner. If required by the
Administrator, the manufacturer shall
provide notice of the termination of
the
program
to
all
owners
of
unremedied vehicles and equipment at
least 30 days in advance of the termination date, in a form approved by the
Administrator.
(h) Each manufacturer shall implement any accelerated remedy program
required by the Administrator according to the terms of that program.

jstallworth on DSKBBY8HB2PROD with CFR

[67 FR 72392, Dec. 5, 2002]

§ 573.15 Public availability of motor
vehicle recall information.
(a) General—Manufacturers that have
manufactured for sale, sold, offered for
sale, introduced or delivered for introduction in interstate commerce, or imported into the United States 25,000 or
more light vehicles or 5,000 or more
motorcycles in the current calendar
year or the prior calendar year shall
make motor vehicle safety recall information applicable to the vehicles they
manufactured available to the public
on the Internet. The information shall
be in a format that is searchable by vehicle make and model and vehicle identification number (VIN), that preserves
consumer privacy, and that includes
information about each recall that has
not been completed for each vehicle.
(b) Specific requirements—The system
that manufacturers use to provide the
information as specified in paragraph
(a) of this section must also meet the
following requirements:
(1) Be free of charge and not require
users to register or submit information, other than a make, model, and a
VIN, in order to obtain information on
recalls;
(2) Have a hyperlink (Internet link)
to it conspicuously placed on the manufacturer’s main United States’ Web
page;
(3) Not include sales or marketing
messages with the page for entering a
make, model, and VIN, or with the
page where the results are displayed;

§ 573.15
(4) Allow users to search a vehicle’s
recall remedy status, and report that a
recall has not been completed on that
vehicle, as soon as possible and no later
than the date when the manufacturer
includes that vehicle on its list compiled for purposes of 49 CFR 573.8(a);
(5) Ensure safety recalls subject to
paragraph (b)(4) of this section are conspicuously placed first, before any
other information that is displayed;
(6) For vehicles that have been identified as covered by a safety recall, but
for which the recall remedy is not yet
available, state that the vehicle is covered by the safety recall and that the
remedy is not yet available;
(7) Be updated at least once every
seven (7) calendar days. The date of the
last update must display on both the
page for entering the make, model, and
VIN to search for recall completion information and the results page;
(8) Where the search results in identification of a recall that has not been
completed, state the recall campaign
number NHTSA assigned to the matter; state the date the defect or noncompliance was reported pursuant to
Part 573; provide a brief description of
the safety defect or noncompliance, including the risk to safety, identified in
the manufacturer’s information report
or owner notification letter filed pursuant to this part; and describe the remedy program;
(9) At a minimum, include recall
completion information for each vehicle covered by any safety recall for
which the owner notification campaign
started at any time within the previous
fifteen (15) calendar years;
(10) State the earliest date for which
recall completion information is available, either on the search page or on
the results page, and provide information for all owner notification campaigns after that date;
(11) Instruct the user to contact the
manufacturer if the user has questions
or wishes to question the accuracy of
any information, and provide a
hyperlink or other contact information
for doing so;
(12) Ensure, through adherence with
technical specifications that NHTSA
makes available through a secure area
of its Web site http://www.safercar.gov/
Vehicle + Manufacturers/RecallsPortal,

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§ 573.16

49 CFR Ch. V (10–1–18 Edition)

[78 FR 51421, Aug. 20, 2013, as amended at 79
FR 43677, July 28, 2014]

574.7 Information requirements—new tire
manufacturers, new tire brand name
owners.
574.8 Information requirements—tire distributors and dealers.
574.9 Requirements for motor vehicle dealers.
574.10 Requirements for motor vehicle manufacturers.

§ 573.16 Reporting
tion.

AUTHORITY: 49 U.S.C. 322, 30111, 30115, 30117,
and 30166; delegation of authority at 49 CFR
1.95.

the secure electronic transfer of the recall information and data required to
be made publicly available by this section, to NHTSA for its use in displaying that information and data on
its Web sites or other public portals.

bankruptcy

peti-

Each manufacturer that files a bankruptcy petition, or is the subject of an
involuntary petition for which relief
has been ordered, pursuant to Title 11
of the United States Code, 11 U.S.C. 101
et seq., shall provide NHTSA a report
as specified below.
(a) The name of the court, the docket
number, and the name, address and
telephone number of the manufacturer’s legal representative;
(b) A copy of the bankruptcy petition;
(c) A list of the recalls for which the
manufacturer filed a ‘‘Defect and noncompliance information report’’ with
NHTSA pursuant to 49 CFR 573.6; and
(d) The information specified in 49
CFR 573.7(b) for each recall listed pursuant to paragraph (c) of this section.
(e) Each report pursuant to this section must be received by NHTSA not
more than 5 working days after the
date the petition is filed in the United
States Bankruptcy Court. Reports
shall be addressed to the Associate Administrator for Enforcement, National
Highway Traffic Safety Administration, Attention: Recall Management
Division (NVS–215), 1200 New Jersey
Ave. SE., Washington, DC 20590, or submitted as an attachment to an email
message to [email protected] in a
portable document format (.pdf).
[78 FR 51422, Aug. 20, 2013]

jstallworth on DSKBBY8HB2PROD with CFR

PART 574—TIRE IDENTIFICATION
AND RECORDKEEPING
Sec.
574.1 Scope.
574.2 Purpose.
574.3 Definitions.
574.4 Applicability.
574.5 Tire identification requirements.
574.6 How to obtain a plant code.

EDITORIAL NOTE: An interpretation of manufacturer’s designee issued by NHTSA and
published at 36 FR 9780, May 28, 1971, provides as follows:
‘‘A request for an interpretation has been
received from the Rubber Manufacturers Association asking that it be made clear that,
under the Tire Identification and Recordkeeping Regulation (part 574), particularly
§§ 574.7 and 574.8, only the tire manufacturer,
brand name owner, or retreader may designate a third party to provide the necessary
recording forms or to maintain the records
required by the regulation.
‘‘Another person has requested an interpretation concerning the questions whether: (1)
A tire manufacturer, brand name owner or
retreader may designate one or more persons
to be its designee for the purpose of maintaining the information, (2) an independent
distributor or dealer may select a designee
for the retention of the manufacturer’s
records, provided the manufacturer approves
the designation, and (3) the independent distributor or dealer may seek administrative
relief in the event he believes the information retained by the manufacturer is being
used to his detriment.
‘‘Under section 113(f) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C.
1402(f) and part 574, it is the tire manufacturer who has the ultimate responsibility for
maintaining the records of first purchasers.
Therefore, it is the tire manufacturer or his
designee who must maintain these records.
The term designee, as used in the regulation,
was not intended to preclude multiple designees; if the tire manufacturer desires, he
may designate more than one person to
maintain the required information. Furthermore, neither the Act nor the regulation prohibits the distributor or dealer from being
the manufacturer’s designee nor do they prohibit a distributor or dealer from selecting
someone to be the manufacturer’s designee
provided the manufacturer approves of the
selection.
‘‘With respect to the possibility of manufacturers using the maintained information
to the detriment of a distributor or dealer,
the NHTSA will of course investigate claims

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