DOT 49 CFR PART 557-2010 PETITIONS FOR HEARINGS ON NOTIFICATION AND REMEDY OF DEFECTS.pdf

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1、181 Natl Highway Traffic Safety Admin., DOT 557.5 the Secretary of Transportation (49 CFR part 7). (Authority: Sec. 104, Pub. L. 93492, 88 Stat. 1470 (15 U.S.C. 1417) 42 FR 7145, Feb. 7, 1977, as amended at 48 FR 44081, Sept. 27, 1983 PART 557PETITIONS FOR HEAR-INGS ON NOTIFICATION AND REMEDY OF DEF

2、ECTS Sec. 557.1 Scope. 557.2 Purpose. 557.3 General. 557.4 Requirements for petition. 557.5 Improperly filed petitions. 557.6 Determination whether to hold a pub-lic hearing. 557.7 Public hearing. 557.8 Determination of manufacturers obli-gation. AUTHORITY: Sec. 9, Pub. L. 89670, 80 Stat. 931 (49 U.

3、S.C. 1657); sec. 103, 119, Pub. L. 89 563, 80 Stat. 718 (15 U.S.C. 1392, 1407); sec. 156, Pub. L. 93492, 88 Stat. 1470 (15 U.S.C 1416); delegation of authority at 49 CFR 1.50). SOURCE: 41 FR 56812, Dec. 30, 1976, unless otherwise noted. 557.1 Scope. This part establishes procedures under section 156

4、 of the National Traf-fic and Motor Vehicle Safety Act of 1966, as amended (88 Stat. 1470, 15 U.S.C. 1416), for the submission and dis-position of petitions filed by interested persons for hearings on the question of whether a manufacturer has reason-ably met his obligation to notify own-ers, purcha

5、sers, and dealers of a safety- related defect or failure to comply with a Federal motor vehicle safety stand-ard, or to remedy such defect or failure to comply. This part also establishes procedures for holding a hearing on these questions. 557.2 Purpose. The purpose of this part is to enable the Na

6、tional Highway Traffic Safety Administration to identify and respond on a timely basis to petitions for hear-ings on whether a manufacturer has reasonably met his obligation to notify or remedy, and to establish the proce-dures for such hearings. 557.3 General. Any interested person may file with th

7、e Administrator a petition request-ing him to hold a hearing on (a) Whether a manufacturer has rea-sonably met his obligation to notify owners, purchasers, and dealers of a safety-related defect in any motor ve-hicle or item of replacement equipment manufactured by him; (b) Whether a manufacturer ha

8、s rea-sonably met his obligation to notify owners, purchasers, and dealers of a failure to comply with an applicable Federal motor vehicle safety standard in any motor vehicle or item of re-placement equipment manufactured by him; (c) Whether the manufacturer has reasonably met his obligation to rem

9、-edy a safety-related defect in any motor vehicle or item of replacement equipment manufactured by him; or (d) Whether the manufacturer has reasonably met his obligation to rem-edy a failure to comply with an appli-cable Federal motor vehicle safety standard in any motor vehicle or item of replaceme

10、nt equipment manufac-tured by him. 557.4 Requirements for petition. A petition filed under this part should be addressed and submitted to: Administrator, National Highway Traf-fic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. Each petition filed under this part must (a) Be wr

11、itten in the English or Span-ish language; (b) Have, preceding its text, the word Petition; (c) Contain a brief statement con-cerning the alleged failure of a manu-facturer to meet reasonably his obliga-tion to notify or remedy; (d) Contain a brief summary of the data, views, or arguments that the p

12、e-titioner wishes to present in a hearing on whether or not a manufacturer has reasonably met his obligations to no-tify or remedy; (e) Specifically request a hearing. 557.5 Improperly filed petitions. (a) A petition that is not addressed as specified in 557.4, but that meets the other requirements

13、of that section, will VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00191 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-182 49 CFR Ch. V (10110 Edition) 557.6

14、be treated as a properly filed petition, received as of the time it is discovered and identified. (b) A document that fails to conform to one or more of the requirements of 557.4(a) (1) through (5) will not be treated as a petition under this part. Such a document will be treated ac-cording to the e

15、xisting correspondence and other procedures of the NHTSA, and any information contained in it will be considered at the discretion of the Administrator. 557.6 Determination whether to hold a public hearing. (a) The Administrator considers the following factors in determining whether to hold a hearin

16、g: (1) The nature of the complaint; (2) The seriousness of the alleged breach of obligation to remedy; (3) The existence of similar com-plaints; (4) The ability of the NHTSA to re-solve the problem without holding a hearing; and (5) Other pertinent matters. (b) If, after considering the above fac-to

17、rs, the Administrator determines that a hearing should be held, the peti-tion is granted. If it is determined that a hearing should not be held, the peti-tion is denied. In either case, the peti-tioner is notified of the grant or denial not more than 60 days after receipt of the petition by the NHTS

18、A. (c) If a petition submitted under this part is denied, a FEDERAL REGISTER no-tice of the denial is issued within 45 days of the denial, setting forth the reasons for it. (d) The Administrator may conduct a hearing under this part on his own mo-tion. 557.7 Public hearing. If the Administrator deci

19、des that a public hearing under this part is nec-essary, he issues a notice of public hearing in the FEDERAL REGISTER, to advise interested persons of the time, place, and subject matter of the public hearing and invite their participation. Interested persons may submit their views through oral or w

20、ritten presen-tation, or both. There is no cross-exam-ination of witnesses. A transcript of the hearing is kept and exhibits may be accepted as part of the transcript. Sec-tions 556 and 557 of title 5, U.S.C., do not apply to hearings held under this part. When appropriate, the Chief Counsel designa

21、tes a member of his staff to serve as legal officer at the hearing. 557.8 Determination of manufactur-ers obligation. If the Administrator determines, on the basis of the information presented at a hearing or any other information that is available to him, that the man-ufacturer has not reasonably m

22、et his obligation to notify owners, dealers, and purchasers of a safety-related de-fect or failure to comply with a Federal motor vehicle safety standard or to remedy such defect or failure to com-ply, he orders the manufacturer to take specified action to comply with his obligation, consistent with

23、 the au-thority granted the Administrator by the Act. PART 563EVENT DATA RECORDERS Sec. 563.1 Scope. 563.2 Purpose. 563.3 Application. 563.4 Reserved 563.5 Definitions. 563.6 Requirements for vehicles. 563.7 Data elements. 563.8 Data format. 563.9 Data capture. 563.10 Crash test performance and surv

24、iv-ability. 563.11 Information in owners manual. 563.12 Data retrieval tools. AUTHORITY: 49 U.S.C. 322, 30101, 30111, 30115, 30117, 30166, 30168; delegation of authority at 49 CFR 1.50. SOURCE: 71 FR 51043, Aug. 28, 2006, unless otherwise noted. 563.1 Scope. This part specifies uniform, national req

25、uirements for vehicles equipped with event data recorders (EDRs) con-cerning the collection, storage, and retrievability of onboard motor vehicle crash event data. It also specifies re-quirements for vehicle manufacturers VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00192 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-