49 CFR 556, Exemption for Inconsequential Defect or Noncompliance

The National Highway Traffic Safety Administration's statute at 49 USC section 30118 Notification of defects and noncompliance, at subsection (d) Exemptions. The collection frequency is as needed based on the receipt of voluntary submitted petitions as well as responses to those petitions. Collection of the information is voluntary to obtain a benefit. The collection is necessary for disclosure. Information about nonconpliances related to specifically described groups of motor vehicles and motor vehicle equipment including data, views and arguments as to whether specific noncompliances to Federal motor vehicle safety standards (FMVSS) are consequential to motor vehicle safety. Those sections require a manufacturer of motor vehicles or motor vehicle equipment to notify distributors, dealers, and purchasers if any of the manufacturer's products are determined to either contain a safety-related defect or fail to comply with an applicable FMVSS. The manufacturer is under a concomitant obligation to remedy such defect or noncompliance. Pursuant to 49 U.S.C. 30118(d) and 30120(h), Exemptions, a manufacturer may seek an exemption from these notification and remedy requirements on the basis that the defect or noncompliance is inconsequential as it relates to motor vehicle safety. NHTSA exercised this statutory authority to excuse inconsequential defects or noncompliances when it promulgated 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance. This regulation establishes the procedures for manufacturers to submit exemption petitions to the agency and the procedures the agency will use in evaluating those petitions. Part 556 allows the agency to ensure that inconsequentiality petitions are both properly substantiated and efficiently processed.

The latest form for 49 CFR 556, Exemption for Inconsequential Defect or Noncompliance expires 2022-03-31 and can be found here.