DOT 49 CFR PART 554-2010 STANDARDS ENFORCEMENT AND DEFECTS INVESTIGATION.pdf

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1、170 49 CFR Ch. V (10110 Edition) Pt. 554 PART 554STANDARDS ENFORCE-MENT AND DEFECTS INVESTIGA-TION Sec. 554.1 Scope. 554.2 Purpose. 554.3 Application. 554.4 Office of Vehicle Safety Compliance. 554.5 Office of Defects Investigation. 554.6 Opening an investigation. 554.7 Investigation priorities. 554

2、.8 Monthly reports. 554.9 Availability of files. 554.10 Initial determinations and public meetings. 554.11 Final decisions. AUTHORITY: 49 U.S.C. 30102103, 30111112, 30117121, 30162, 3016567; delegation of au-thority at 49 CFR 1.50. SOURCE: 45 FR 10797, Feb. 19, 1980, unless otherwise noted. 554.1 Sc

3、ope. This part establishes procedures for enforcing Federal motor vehicle safety standards and associated regulations, investigating possible safety-related defects, and making non-compliance and defect determinations. 554.2 Purpose. The purpose of this part is to inform interested persons of the pr

4、ocedures followed by the National Highway Traffic Safety Administration in order more fairly and effectively to imple-ment 49 U.S.C. Chapter 301. 60 FR 17267, Apr. 5, 1995 554.3 Application. This part applies to actions, inves-tigations, and defect and noncompli-ance decisions of the National Highwa

5、y traffic Safety Administration under 49 U.S.C. 30116, 30117, 30118, 30120 and 30165. 60 FR 17267, Apr. 5, 1995 554.4 Office of Vehicle Safety Compli-ance. The Office of Vehicle Safety Compli-ance, investigates compliance with Federal motor vehicle safety standards and associated regulations, and to

6、 this end may: (a) Verify that manufacturers certify compliance with all applicable safety standards; (b) Collect field reports from all sources; (c) Inspect manufacturers certifi-cation test data and other supporting evidence, including dealer communica-tions; (d) Inspect vehicles and equipment alr

7、eady in use or new vehicles and equipment at any stage of the manu-facturing, distribution and sales chain; (e) Conduct selective compliance tests; and (f) Utilize other means necessary to conduct investigations. 554.5 Office of Defects Investigation. The Office of Defects Investigation conducts inv

8、estigations to implement the provisions of the Act concerning the identification and correction of safety-related defects in motor vehicles and motor vehicle equipment. It elicits from every available source and evalu-ates on a continuing basis any informa-tion suggesting the existence of a safe-ty-

9、related defect. 554.6 Opening an investigation. (a) A compliance or defect investiga-tion is opened either on the motion of the Administrator or his delegate or on the granting of a petition of an inter-ested party under part 552 of this chap-ter. (b) A manufacturer is notified imme-diately by telep

10、hone of any compliance test failure in order to enable the man-ufacturer to begin his own investiga-tion. Notification is sent by mail at the beginning of any defect or noncompli-ance investigation. 554.7 Investigation priorities. (a) Compliance investigation prior-ities are reviewed annually and ar

11、e set according to the following criteria: (1) Prior compliance test data; (2) Accident data; (3) Engineering analysis of vehicle and equipment designs; (4) Consumer complaints; and (5) Market share. (b) Defects inputs are reviewed peri-odically by an appropriate panel of en-gineers in consultation

12、with the Office of Chief Counsel to determine whether a formal investigation should be opened by the Office of Defects Inves-tigation. VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00180 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for R

13、esaleNo reproduction or networking permitted without license from IHS-,-,-171 Natl Highway Traffic Safety Admin., DOT 554.11 554.8 Monthly reports. (a) Compliance. A monthly compli-ance report is issued which lists inves-tigations opened, closed, and pending during that month, identifies compli-ance

14、 test reports accepted, and indi-cates how individual reports may be obtained. (b) Defects. A monthly defects report is issued which lists investigations opened, closed, pending, and suspended during that month. An investigation may be designated suspended where the information available is insuffi-

15、cient to warrant further investigation. Suspended cases are automatically closed 60 days after appearing in a monthly report unless new information is received which justifies a different disposition. 554.9 Availability of files. All files of closed or suspended inves-tigations are available for pub

16、lic in-spection in the NHTSA Technical Ref-erence Library. Communications be-tween the agency and a manufacturer with respect to ongoing investigations are also available. Such files and com-munications may contain material which is considered confidential but has been determined to be necessary to

17、the subject proceeding. Material which is considered confidential but has not been determined to be necessary to the subject proceeding will not be dis-closed. Reproduction of entire public files or of individual documents can be arranged. 554.10 Initial determinations and public meetings. (a) An in

18、itial decision of failure to comply with safety standards or of a safety-related defect is made by the Administrator or his delegate based on the completed investigative file com-piled by the appropriate office. (b) The decision is communicated to the manufacturer in a letter which makes available a

19、ll information on which the decision is based. The letter advises the manufacturer of his right to present information, views, and ar-guments to establish that there is no defect or failure to comply or that the alleged defect does not affect motor ve-hicle safety. The letter also specifies the time

20、 and place of a public meeting for the presentation of arguments or sets a date by which written comments must be submitted. Submission of all information, whether at a public meet-ing or in written form, is normally scheduled about 30 days after the ini-tial decision. The deadline for submis-sion o

21、f information can be extended for good cause shown. (c) Public notice of an initial deci-sion is made in a FEDERAL REGISTER notice that (1) Identifies the motor vehicle or item of equipment and its manufac-turer; (2) Summarizes the information on which the decision is based. (3) Gives the location o

22、f all informa-tion available for public examination; and (4) States the time and place of a public meeting or the deadline for writ-ten submission in which the manufac-turer and interested persons may present information, views, and argu-ments respecting the decision. (d) A transcript of the public

23、meeting is kept and exhibits may be offered. There is no cross-examination of wit-nesses. 45 FR 10797, Feb. 19, 1980, as amended at 60 FR 17267, Apr. 5, 1995 554.11 Final decisions. (a) The Administrator bases his final decision on the completed investiga-tive file and on information, views, and arg

24、uments submitted at the public meeting. (b) If the Administrator decides that a failure to comply or a safety-related defect exists, he orders the manufac-turer to furnish the notification speci-fied in 49 U.S.C. 30118 and 30119 and to remedy the defect or failure to comply. (c) If the Administrator

25、 closes an in-vestigation following an initial deter-mination, without making a final de-termination that a failure to comply or a safety-related defect exists, he or she will so notify the manufacturer and publish a notice of that closing in the FEDERAL REGISTER. (d) A statement of the Administra-t

26、ors final decision and the reasons for it appears in each completed public file. 60 FR 17268, Apr. 5, 1995 VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00181 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-