81 FR 16270 - NHTSA Enforcement Guidance Bulletin 2016-01; Guidance on Submission and Treatment of Manufacturer Communications to Dealers, Owners, or Purchasers About a Defect or Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 58 (March 25, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 58 (March 25, 2016)
| Page Range | 16270-16275 | |
| FR Document | 2016-06759 |
[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)] [Notices] [Pages 16270-16275] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06759] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2016-0039] NHTSA Enforcement Guidance Bulletin 2016-01; Guidance on Submission and Treatment of Manufacturer Communications to Dealers, Owners, or Purchasers About a Defect or Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The National Highway Traffic Safety Administration (NHTSA) is issuing this notice to make manufacturers aware of the statutory requirement to index their communications to dealers, owners, or purchasers about a defect or noncompliance, and to provide recommendations for complying with the index requirement. Additionally, a change in the law requires NHTSA to publicly post all such communications on its Web site and it is therefore providing notice of its intention to do so. NHTSA will also publicly post on its Web site the manufacturers' indexes to their communications as they are received. FOR FURTHER INFORMATION CONTACT: For legal issues: Kerry Kolodziej, Office of the Chief Counsel, NCC-100, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-366-5263). For submission of documents pursuant to 49 CFR 579.5: [email protected]. For submission of documents pursuant to 49 CFR 573.6(c)(10): Recalls Portal Help Desk, 1-888-719-9220; [email protected]. SUPPLEMENTARY INFORMATION: The National Highway Traffic Safety Administration (NHTSA or Agency) is issuing this notice of its intent to enforce and implement the requirements of 49 U.S.C. 30166(f), as amended by the Moving Ahead for Progress in the 21st Century Act (MAP- 21). I. Legal and Policy Background A. Manufacturers Are Required To Submit Copies to NHTSA of Communications to Their Dealers, Owners, or Purchasers About a Defect or Noncompliance The National Traffic and Motor Vehicle Safety Act (Safety Act), as amended, requires motor vehicle and [[Page 16271]] motor vehicle equipment manufacturers to provide NHTSA with copies of communications they send to their dealers, owners, or purchasers. Specifically, the Safety Act requires manufacturers to submit ``a true or representative copy of each communication to the manufacturer's dealers or to owners or purchasers of a motor vehicle or replacement equipment produced by the manufacturer about a defect or noncompliance with a motor vehicle safety standard prescribed under this chapter in a vehicle or equipment that is sold or serviced.'' 49 U.S.C. 30166(f). This is a long-standing requirement. See Motor Vehicle and Schoolbus Safety Amendments of 1974, Public Law 93-492, 158(a)(1), 88 Stat. 1470, 1475 (1974). 1. Scope of Submission Requirement The requirement for manufacturers to submit copies of their communications to the Agency is broad and requires not only submission of manufacturers' communications to dealers,\1\ owners, or purchasers about vehicle and equipment recalls, but all communications ``about a defect or noncompliance.'' 49 U.S.C. 30166(f)(1). With regard to defects, the statutory submission requirement is not limited to communications about safety-related defects. ``Defect'' is a statutorily defined term meaning ``any defect in performance, construction, a component, or material of a motor vehicle or motor vehicle equipment.'' 49 U.S.C. 30102(a)(2). The plain language of the provision requiring submission of copies of manufacturer communications to the Agency does not condition use of the word ``defect'' to ``defect related to motor vehicle safety,'' as is the case with other provisions of the Safety Act. Compare 49 U.S.C. 30166(f), with 49 U.S.C. 30112(a)(3), 30118(a). --------------------------------------------------------------------------- \1\ The Safety Act defines ``dealer'' as ``a person selling and distributing new motor vehicles or motor vehicle equipment primarily to purchasers that in good faith purchase the vehicles or equipment other the for resale.'' 49 U.S.C. 30102(a)(1). Therefore the requirement to submit communications to the Agency captures communications including both those between a motor vehicle manufacturer and its dealers and equipment suppliers and their motor vehicle manufacturer customers. See 49 CFR 579.5. --------------------------------------------------------------------------- Moreover, the Agency has long interpreted the requirement that manufacturers submit copies of their communications to dealers, owners, or purchasers as capturing all defect-related communications. See 49 CFR 579.5. In 1975, the Agency explained that the statute ``specifically authorizes the agency to require the submission'' of communications about a defect, whether or not safety related. Proposed Amendment, 49 FR 43227, 43228 (Sept. 19, 1975). The Agency explained that this was important because ``[i]t is the responsibility of the NHTSA, not the manufacturers, to make a final determination as to whether or not a given defect is safety-related.'' Id. In 1978, the Agency reiterated that the law ``specifically grants the agency [ ] authority'' to collect all communications about a defect and rejected the call from some commenters to limit the submissions to only manufacturer communications about ``safety-related defects.'' Final Rule, 43 FR 60165, 60168-69 (Dec. 28, 1978). 2. Implementing Regulations NHTSA implements the statutory requirement that manufacturers submit representative copies of their communications to dealers, owners, or purchasers through two regulations: One specifically addressing recall communications, 49 CFR 573.6(c)(10), and the other addressing manufacturer communications more broadly, 49 CFR 579.5. Many communications about a defect or noncompliance are communications manufacturers make to their dealers, owners, or purchasers about recalls. Some examples of these communications are letters to dealers and vehicle owners informing them about a recall and service bulletins (also known as technical service bulletins or TSBs) that provide repair instructions for trained technicians performing the recall remedy. NHTSA requires manufacturers to submit a representative copy to NHTSA of recall communications ``not later than 5 days after they are initially sent to manufacturers, distributors, dealers, or purchasers.'' 49 CFR 573.6(c)(10). This applies to ``all notices, bulletins, and other communications that relate directly to the defect or noncompliance [that is the subject of a recall] and are sent to more than one manufacturer, distributor, dealer or purchaser.'' Id. The second regulation that implements the requirement for manufacturers to submit communications about a defect or noncompliance to the Agency is 49 CFR 579.5. That requires manufacturers to submit ``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.'' 49 CFR 579.5(a). It also requires that ``[e]ach manufacturer shall furnish to NHTSA a copy of each communication relating to a customer satisfaction campaign, consumer advisory, recall, or other safety activity involving the repair or replacement of motor vehicles or equipment, that the manufacturer issued to, or made available to, more than one dealer, distributor, lessor, lessee, other manufacturer, owner, or purchaser, in the United States.'' 49 CFR 579.5(b). Manufacturer communications required by 49 CFR 579.5 are due to the Agency ``not later than five working days after the end of the month'' in which they were issued. 49 CFR 579.5(d). B. NHTSA's Current Treatment of Manufacturer Communications Submitted to the Agency It is important that manufacturers fully comply with the requirement to submit copies of communications to their dealers, owners, or purchasers about a defect or noncompliance so that the Agency can effectively carry out its mission. Among other things, the Agency reviews these communications to evaluate whether a safety issue is involved, to engage in proactive communications with manufacturers where there may be a misunderstanding or misidentification of the risk of a particular issue that a manufacturer has decided to control and remedy via a field action that is less than a recall, and to ensure that recalls are carried out effectively. NHTSA posts a great deal of information on its Web site, www.safercar.gov, including copies of many manufacturer communications. NHTSA's Web site has a search tool that allows a user to search for available documents and information by make, model, and model year of a vehicle, or by brand name and other identifying information for motor vehicle equipment.\2\ When a user performs a search, NHTSA's Web site currently displays available documents and information in four categories: (1) Recalls, (2) Defect Investigations, (3) [[Page 16272]] Complaints, and (4) Service Bulletins.\3\ NHTSA plans to rename the ``Service Bulletins'' category as ``Manufacturer Communications'' to more fully reflect the available content. Each of these four categories except ``Complaints,'' which are complaints submitted to the Agency primarily by vehicle owners, may contain copies of manufacturer communications submitted to the Agency. --------------------------------------------------------------------------- \2\ The search tool is currently available at http://www-odi.nhtsa.dot.gov/owners/SearchSafetyIssues. \3\ NHTSA presently provides summary information, but does not post copies of service bulletins under the currently named ``Service Bulletin'' portion of its Web site. --------------------------------------------------------------------------- Where manufacturer communications involve a recall (i.e., concern a safety-related defect or noncompliance), the Agency makes them available along with other recall-related documents under the ``Recalls'' section of its Web site. Other manufacturer communications that relate to an Agency defect investigation (i.e., concern a potential safety-related defect) are also available under the ``Defect Investigations'' section of the Web site. Additionally, NHTSA posts manufacturer communications about customer satisfaction campaigns (i.e., concerning defects that have not been determined to pose an unreasonable risk to motor vehicle safety) on the currently named ``Service Bulletins'' portion of its Web site. NHTSA also posts information about service bulletins (i.e., repair instructions for trained technicians) for issues that have not been determined to be a safety-related defect or noncompliance on its Web site under the currently named ``Service Bulletin'' section of its Web site. NHTSA summarizes service bulletins and makes the summary available, along with an option to request a copy of the documents.\4\ --------------------------------------------------------------------------- \4\ NHTSA's Web site does not currently include summary information on all service bulletins generated by a manufacturer. Service bulletins for safety recalls in general are not included, and also service bulletins which do not pertain to a safety issue may not be included in the summaries provided. --------------------------------------------------------------------------- II. New MAP-21 Requirements Regarding Manufacturer Communications Submitted to the Agency MAP-21 amended the Safety Act to require manufacturers to submit additional information to the Agency along with copies of their communications and to require the Agency to make that additional information and the communications themselves available on the Agency's Web site. MAP-21 required manufacturers to accompany their submissions of communications to the Agency with an index to each communication. MAP- 21, Public Law 112-141, Sec. 31303(a)(2), 126 Stat. 405, 764 (2012) (codified at 49 U.S.C. 30166(f)(2)). Specifically, communications manufacturers are required to submit to NHTSA under 49 U.S.C. 30166(f) ``shall be accompanied by an index to each communication, that--(A) identifies the make, model, and model year of the affected vehicles; [and] (B) includes a concise summary of the subject matter of the communication.'' Id. While NHTSA already proactively made a substantial number of manufacturer communications available to the public on its Web site, MAP-21 also changed the law to make it mandatory for the Agency to post all manufacturer communications to dealers, owners, or purchasers about a defect or noncompliance on its Web site. See 49 U.S.C. 30166(f)(1). Additionally, NHTSA must post the manufacturers' indexes to their communications on its Web site in a searchable format. 49 U.S.C. 30166(f)(2). To implement these changes in the law, NHTSA is providing guidance to manufacturers on the index requirement. This guidance is warranted because manufacturers have not been submitting compliant indexes to the Agency since the MAP-21 changes became effective on October 1, 2012. See MAP-21, Public Law 112-141, Sec. 3, 126 Stat. 405, 413 (2012). In addition to putting manufacturers on notice of this index requirement and the Agency's intention to enforce it, providing guidance will also help to ensure consistency in the format and content of manufacturer indexes, thereby enabling the Agency to readily make the indexes publicly available in a searchable format on its Web site. NHTSA is also providing notice of its intention to publicly post all manufacturer communications submitted to the Agency pursuant to 49 U.S.C. 30166(f) on its Web site. MAP-21 requires NHTSA to post all manufacturer communications to dealers, owners, or purchasers about a defect or noncompliance. Prior to MAP-21, the Agency did not post certain manufacturer communications (specifically, certain service bulletins) on its Web site, which some manufacturers claimed to be copyrighted documents. Congress in MAP-21's explicit requirement that the Agency post ``each communication to the manufacturer's dealers or to owners'' about a defect or noncompliance, has now made clear that copyright law is not a restriction on NHTSA action. III. Guidance Regarding Index Requirement The law now requires manufacturers to submit to NHTSA copies of their communications to dealers, owners, or purchasers about a defect or noncompliance and requires that such communications ``shall be accompanied by an index to each communication.'' 49 U.S.C. 30166(f). The index must identify the make, model, and model year of the affected vehicles and include a concise summary of the subject matter of the communication. 49 U.S.C. 30166(f)(2). This requirement has been in effect since October 1, 2012. See MAP-21, Public Law 112-141, 3, 126 Stat. 405, 413 (2012). Most manufacturers comply with the long-standing requirement to submit copies to the Agency of their communications to dealers, owners, or purchasers about a defect or noncompliance.\5\ However, manufacturers have not complied with the change in law requiring them to accompany their communications to the Agency with indexes to those communications. --------------------------------------------------------------------------- \5\ Where manufacturers have failed to comply with this requirement, the Agency has taken enforcement action. See August 28, 2015 Consent Order, In re: AQ15-001, Triumph Motorcycles (America), Ltd.; July 8, 2015 Consent Order, In re: AQ14-001, Forest River, Inc.; July 8, 2015 Consent Order, In re: TQ14-003, Spartan Motors, Inc. The Agency has also has and continues to take steps to educate the industry about the communication submission requirement so that the Agency receives this critical information. --------------------------------------------------------------------------- We are providing this guidance to make manufacturers aware of their legal obligation to index their communications. The Agency expects all manufacturers to expeditiously come into full compliance with the law and will take additional action to enforce the index requirement as necessary. The index requirement is subject to daily civil penalties. See 49 U.S.C. 30165(a)(3). We are also providing this guidance to communicate to manufacturers the content requirements for the index. We are providing recommendations for preparing and submitting the index to help ensure consistency across manufacturers and to enable the Agency to readily make the indexes publicly available in a searchable format on its Web site. A. Which manufacturers must submit indexed communications to the Agency? Every manufacturer of motor vehicles or motor vehicle equipment is responsible both for submitting copies of communications to dealers, owners, or purchasers and to provide an [[Page 16273]] accompanying index of those communications to the Agency. 49 U.S.C. 30166(f). The Safety Act defines ``manufacturer'' broadly to mean ``a person--(A) manufacturing or assembling motor vehicles or motor vehicle equipment; or (B) importing motor vehicles or motor vehicle equipment for resale.'' 49 U.S.C. 30102(a)(5). B. What types of communications must a manufacturer index going forward? As discussed in this notice, NHTSA implemented the requirement to submit copies of communications to dealers, owners, or purchasers about a defect or noncompliance through regulations at 49 CFR 573.6(c)(10) and 49 CFR 579.5. Therefore, a manufacturer must accompany its future submissions of all communications pursuant to these provisions with an index that meets the statutory requirements. C. How does a manufacturer come into compliance with the index requirement for prior submissions? The index requirement became effective as of October 1, 2012. See MAP-21, Public Law 112-141, 3, 126 Stat. 405, 413 (2012). No manufacturer to date has submitted compliant indexes. Some manufacturers have submitted incomplete indexes to their communications that do not satisfy the statutory requirements. To come into full compliance with the law, a manufacturer must submit complete indexes to the communications it previously submitted to the Agency pursuant to 49 CFR 579.5 between October 1, 2012 and the present, along with copies of all communications listed in the index. A compliant submission requires both a complete index and copies of the indexed communications. See 49 U.S.C. 30166(f). A manufacturer may not supplement its earlier submission of communications pursuant to 49 CFR 579.5 by providing an index only. While we understand that this may necessitate, in many cases, manufacturers to resubmit a large quantity of communications to the Agency, this is what the law requires. The Agency must receive a full and complete submission of communications accompanied by an index so that it may fulfill its statutory obligation to make the communications and index available on its Web site.\6\ --------------------------------------------------------------------------- \6\ An index must enable a user to locate the indexed communications. NHTSA will provide each communication with a unique identifier, linked to the manufacturer-provided index. NHTSA will provide instructions on its Web site for using the unique identifier to search for and retrieve the communication. --------------------------------------------------------------------------- While a manufacturer must accompany future submissions of communications pursuant to 49 CFR 573.6(c)(10) (i.e., recall communications) with an index, we are exercising our enforcement discretion to deem prior submissions of these communications compliant with this requirement. These are recall communications, such as letters to owners or dealers informing them of the recall and service bulletins regarding the recall repair. Manufacturers need not resubmit copies of recall communications or an accompanying index.\7\ --------------------------------------------------------------------------- \7\ This is not intended to limit the Agency's authority to make future requests for documents or information. See 49 CFR 30166(b), (e), (g). --------------------------------------------------------------------------- The Agency has long had a practice of posting recall communications on its Web site along with a great deal of information about the recall. As safety critical information, the Agency wants to avoid any disruption that could occur by making changes to the recall portion of its Web site. Moreover, changes are unnecessary. Recall communications are already indexed and available on the Agency's Web site. Recall communications are readily accessible through a searchable interface that is familiar to public users of the Agency's Web site. D. When are indexed communications due to the Agency? The law requires that communications submitted to the Agency ``shall be accompanied by an index.'' 49 U.S.C. 30166(f)(2). Therefore, manufacturers should submit an index at the same time as they submit communications to the Agency. As discussed above, 49 CFR 573.6(c)(10) requires submission of recall communications ``not later than 5 days after they are initially sent to manufacturers, distributors, dealers, or purchasers.'' Manufacturer communications required by 49 CFR 579.5 are due to the Agency ``not later than five working days after the end of the month'' in which they were issued. 49 CFR 579.5(d). 1. Current and Prospective Submissions of Communications The Agency expects manufacturers to make a good faith effort to expeditiously comply with the requirement to provide an index to accompany the communications they submit to the Agency. However, the Agency recognizes that manufacturers will need to educate staff and may need to change internal policies and procedures to begin complying with this requirement. While the Agency is not excusing noncompliance with the law, the Agency recognizes that the entire industry has been out of compliance with the index requirement and intends to exercise its enforcement discretion to allow manufacturers a reasonable period of time from the date of this notice to come into compliance with the index requirement on a going forward basis. However, manufacturers should not delay providing communications to the Agency. 2. Retroactive Resubmissions of Indexed Communications The Agency will not excuse manufacturers from providing indexes for communications submitted to the Agency pursuant to 49 CFR 579.5 on or after October 1, 2012. For any communications previously submitted to the Agency pursuant to 49 CFR 579.5 that were not accompanied by a fully compliant index at the time of submission, manufacturers must submit indexed communications to the Agency. As discussed above, this requires an index along with resubmission of all communications listed in the index. This is necessary to allow the Agency to fulfill its statutory obligations. The Agency intends to exercise enforcement discretion to allow manufacturers a reasonable period of time to resubmit indexed communications required by 49 CFR 579.5. The Agency recognizes that, in many cases, the volume of communications submitted to the Agency since October 1, 2012 is significant. The Agency will take the volume of communications into account in considering what constitutes a reasonable period of time for a given manufacturer. In general, we expect that a manufacturer will resubmit indexed communications on a rolling basis until it achieves full compliance. In sum, the Agency is not specifying a deadline for compliance with the index requirement before it expects to take enforcement action. All manufacturers must begin immediately making a reasonable good faith effort to take steps to comply expeditiously for both retroactive and future submissions. The Agency will take any such actions into account in evaluating whether a given manufacturer came into compliance with the law within a reasonable period of time. E. What are the penalties for not complying with the index requirement? Indexes are required by 49 U.S.C. 30166(f), therefore, failure to provide indexes, or failure to provide timely or complete indexes, is subject to civil [[Page 16274]] penalties under current law of up to $21,000 per violation per day and up to a maximum penalty of $105 million for a related series of daily violations. 49 U.S.C. 30165(a)(3); see Civil Penalty Factors, 81 FR 10520 (Mar. 1, 2016) (issuing final rule). F. What information must the index contain? At a minimum, an index must identify the make, model, and model year of the affected vehicles and must include a concise summary of the subject matter of the communication. These are statutory requirements. 49 U.S.C. 30166(f)(2). This is mandatory information when applicable. However, the Agency recognizes that for communications submitted by motor vehicle equipment manufacturers, in many cases, there are no specific affected vehicles. This is also true for a limited number of generalized communications by motor vehicle manufacturers. In such cases, the manufacturer should include other identifying information for the affected motor vehicles or motor vehicle equipment in lieu of make, model, and model year information for specific affected vehicles.\8\ --------------------------------------------------------------------------- \8\ This does not excuse a motor vehicle manufacturer from providing make, model, and model year information for affected vehicles when that information is reasonably available. For example, it is not sufficient for a motor vehicle manufacturer to include vehicle platform information in its index instead of make and model. --------------------------------------------------------------------------- To help ensure consistency across manufacturers, the Agency is also providing recommendations on the specific format and content of the indexes. In addition to the recommendations provided in this notice, the Agency may provide more detailed recommendations on a forthcoming Web page at http://www-odi.nhtsa.dot.gov/mc/. The Agency will make available a template index for download and will provide examples of completed index entries on its Web site. The Agency encourages manufacturers to continue to visit this Web page as the Agency may refine its recommendations over time as it evaluates manufacturers' index submissions. While we are providing guidance and recommendations at this time, the Agency will evaluate the content and consistency of index submissions across manufacturers to determine whether a future rulemaking is warranted. 1. Recommended Format for Index NHTSA strongly recommends that manufacturers submit their indexes as word searchable electronic files. While the Agency is not requiring use of any particular software, to ensure compatibility, the Agency requests that manufacturers submit indexes as searchable Microsoft Excel files. The Agency recommends that a manufacturer list each communication on a separate row in its index and include separate columns for each item of discrete information included. For example, the index should include separate columns for make, of the affected vehicles, model of the affected vehicles, and model year of the affected vehicles. We recommend including a separate row for each make, model, or model year of vehicle affected by a single communication. In other words, a single communication may populate multiple rows on an index. We also recommend including a column for manufacturer communication identifier number, if one is used. The Agency's Web site and template index available for download will provide more specific recommendations and information on the Agency's preferred format for manufacturer indexes. See http://www-odi.nhtsa.dot.gov/mc/ (forthcoming). 2. Recommendations for Preparing the Concise Summary At a minimum, NHTSA recommends that a concise summary of the subject matter of a manufacturer's communication should identify the defect or noncompliance, describe the effect of the defect or noncompliance, and describe the purpose or type of the communication. In many cases, simply repeating the subject line or title of a communication will be insufficient. Likewise, a generic description that does not actually summarize the communication or describes multiple communications with minimal changes, such as ``service bulletin number 123'' does not meet the statutory requirements. The Agency will post examples of concise summaries on its Web site. G. Recommended Method of Submitting the Indexed Communications to the Agency NHTSA requests that manufacturers submit their indexed communications to the Agency electronically. Electronic submission will best enable the Agency to make the manufacturer communications and searchable index available to the public on the Internet as the law requires. As discussed above, manufacturers must index recall communications that they submit to the Agency pursuant to 49 CFR 573.6(c)(10) and communications that they submit pursuant to 49 CFR 579.5. Manufacturers are required to submit recall communications through NHTSA's recalls portal and should also submit their recall communication indexes through the portal. See 49 CFR 573.9. For communications required by 49 CFR 579.5, NHTSA strongly recommends that manufacturers submit their indexed communications electronically to [email protected]. See 49 CFR 579.6(a). We note that some manufacturers have had a past practice of submitting multiple communications under 49 CFR 579.5 in a consolidated format, such as a single large .pdf file. We strongly recommend that manufacturers discontinue this practice, in order to ensure that each communication listed in the manufacturer's index is a readily identifiable separate document. The Agency would prefer to receive each communication as a separate .pdf file. IV. Notice of Intention to Publicly Post All Manufacturer Communications About a Defect or Noncompliance on NHTSA's Web Site NHTSA has reevaluated the information that the law permits it to make publicly available on its Web site in light of the changes made by MAP-21. As a result, NHTSA is providing this notice of its intent to publicly post all manufacturer communications submitted to it pursuant to 49 U.S.C. 30166(f). The law now affirmatively requires NHTSA to ``make available on a publicly accessible Internet Web site'' copies of communications to manufacturers' dealers, owners, or purchasers about a defect or noncompliance that manufacturers submit to the Agency. Prior to enactment of MAP-21, the Agency did not publicly post copies of all service bulletins that it received.\9\ Some manufacturers copyright their service bulletins. Service bulletins are a manufacturer's repair instructions, and repair shops or other interested individuals may purchase them from a commercial source. --------------------------------------------------------------------------- \9\ Although the law also limits the Agency's ability to disclose confidential information, 49 U.S.C. 30167, manufacturers do not treat these documents as confidential and, in the case of service bulletins, make them available to the public through commercial providers. See 49 CFR part 512. --------------------------------------------------------------------------- Pursuant to the fair use limitation on copyright, to date NHTSA has posted on its Web site copies of service bulletins for recall repairs and service bulletins related to its defect investigations. See 17 U.S.C. 107; see also 49 U.S.C. 30167(b). NHTSA also has made a paper copy of other service bulletins available [[Page 16275]] to the public pursuant to the library provision of copyright law. See 17 U.S.C. 108. Congress necessarily made the decision in enacting MAP-21, that copyright law does not restrict NHTSA from publicly posting copies of all manufacturer communications received by the Agency pursuant to 49 U.S.C. 30166(f) on its Web site. Indeed, 49 U.S.C. 30166(f) expressly requires the Agency to do so. MAP-21 trumps the limited waiver of sovereign immunity for copyright infringement claims. See 28 U.S.C. 1498(b). Congress could not have intended to allow manufacturers to assert copyright infringement against the federal government based on the Agency's publication of service bulletins and other manufacturer communications on its Web site in light of the express statutory requirement that the Agency do so. See Food & Drug Admin. v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 143 (2000) (``The classic judicial task of reconciling many laws enacted over time, and getting them to `make sense' in combination, necessarily assumes that the implications of a statute may be altered by the implications of a later statute. This is particularly so where the scope of the earlier statute is broad but the subsequent statutes more specifically address the topic at hand . . . . [A] specific policy embodied in a later federal statute should control our construction of the earlier statute, even though it has not been expressly amended.'') (internal quotation marks, brackets, and citations omitted). Because the law directs the Agency to make manufacturer communications publicly available on its Web site, the Agency is acting to effectuate the law. The Agency will post on its Web site those manufacturer communications submitted to the Agency on or after the October 1, 2012 effective date of MAP-21 that are not already available on the Agency's Web site. Going forward, the Agency intends to post to its public Web site all manufacturer communications submitted pursuant to 49 U.S.C. 30166(f), including documents submitted pursuant to 49 CFR 573.6(c)(10) or 579.5. The Agency will also post manufacturer indexes for communications submitted to the Agency on or after October 1, 2012 on a rolling basis as compliant indexes are received. The Agency intends to make manufacturer indexes available in a searchable format. Applicability/Legal Statement: This Enforcement Guidance Bulletin sets forth NHTSA's current interpretation and thinking on this topic and guiding principles and best practices to be utilized in complying with the legal requirements of 49 U.S.C. 30166(f). This Bulletin is not a final agency action and is intended as guidance only. This Bulletin is not intended, nor can it be relied upon, to create any rights enforceable by any party against NHTSA, the Department of Transportation, or the United States. Moreover, these recommended practices to not establish any defense to any violations of the statutes and regulations that NHTSA administers. This Bulletin may be revised without notice to reflect changes in NHTSA's evaluation and analysis, or to clarify and update text. Authority: 49 U.S.C. 30101, et seq.; 49 U.S.C. 30165(a)(3), 30166(f); delegations of authority at 49 CFR 1.95(a), 501.2(a)(1), 501.5. Issued on: March 21, 2016. Paul A. Hemmersbaugh, Chief Counsel. [FR Doc. 2016-06759 Filed 3-24-16; 8:45 am] BILLING CODE 4910-59-P
![16270 Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices
III. Noncompliance: CTA explains performance requirements of FMVSS DEPARTMENT OF TRANSPORTATION
that due to a mold error, the number of No. 139, as well as the other labeling
tread plies indicated on the sidewall of requirements of the standard. National Highway Traffic Safety
the subject tires does not match the Administration
(d) CTA also states that it is not aware
actual number of plies in the tire of any crashes, injuries, customer [Docket No. NHTSA–2016–0039]
construction. The tires are marked
complaints, or field reports associated
‘‘PLIES: TREAD: 2 POLYESTER + 2 NHTSA Enforcement Guidance Bulletin
with the subject noncompliance.
STEEL + 2 POLYAMIDE’’ whereas the 2016–01; Guidance on Submission and
correct marking should be: ‘‘PLIES: CTA additionally informed NHTSA Treatment of Manufacturer
TREAD: 2 POLYESTER + 2 STEEL + 1 that it has quarantined all existing Communications to Dealers, Owners,
POLYAMIDE.’’ As a consequence, these inventory of the tires that contain the or Purchasers About a Defect or
tires do not meet requirements specified noncompliant tire sidewall labeling and Noncompliance
in paragraph S5.5(f) of FMVSS No. 139. has corrected the molds at the
IV. Rule Text: Paragraph S5.5(f) of manufacturing plant so that no AGENCY: National Highway Traffic
FMVSS No. 139 states, in pertinent part: additional tires will be manufactured Safety Administration (NHTSA),
with the noncompliance. Department of Transportation.
S5.5 Tire Markings. Except as specified in
paragraph (a) through (i) of S5.5, each tire ACTION: Notice.
In summation, CTA believes that the
must be marked on each sidewall with the
described noncompliance is SUMMARY: The National Highway Traffic
information specified in S5.5(a) through (d)
and on one sidewall with the information inconsequential as it relates to motor Safety Administration (NHTSA) is
specified in S5.5(e) through (i) according to vehicle safety, and that its petition to be issuing this notice to make
the phase-in schedule specified in S7 of this exempted from providing notification of manufacturers aware of the statutory
standard. . . the noncompliance, as required by 49 requirement to index their
(f) The actual number of plies in the U.S.C. 30118, and to remedy the communications to dealers, owners, or
sidewall, and the actual number of plies in noncompliance, as required by 49 purchasers about a defect or
the tread area, if different. noncompliance, and to provide
U.S.C. 30120, should be granted.
V. Summary of CTA’s Petition: CTA recommendations for complying with
NHTSA notes that the statutory the index requirement. Additionally, a
described the subject noncompliance
provisions (49 U.S.C. 30118(d) and change in the law requires NHTSA to
and stated its belief that the
noncompliance is inconsequential to 30120(h)) that permit manufacturers to publicly post all such communications
motor vehicle safety. file petitions for a determination of on its Web site and it is therefore
In support of its petition, CTA inconsequentiality allow NHTSA to providing notice of its intention to do
submitted the following information exempt manufacturers only from the so. NHTSA will also publicly post on its
pertaining to the subject duties found in sections 30118 and Web site the manufacturers’ indexes to
noncompliance: 30120, respectively, to notify owners, their communications as they are
(a) CTA stated that the tires covered purchasers, and dealers of a defect or received.
by this petition are labeled with noncompliance and to remedy the FOR FURTHER INFORMATION CONTACT: For
incorrect information regarding the defect or noncompliance. Therefore, any legal issues: Kerry Kolodziej, Office of
number of tread plies. The company decision on this petition only applies to the Chief Counsel, NCC–100, National
noted that while the number of the subject tires that CTA no longer Highway Traffic Safety Administration,
polyester and steel plies indicated on controlled at the time it determined that 1200 New Jersey Avenue SE.,
the sidewall is accurate, the number of the noncompliance existed. However, Washington, DC 20590 (telephone: 202–
polyamide plies indicated is incorrect. any decision on this petition does not 366–5263).
The company contended, however, that relieve equipment distributors and For submission of documents
this mislabeling has no impact on the dealers from the prohibitions on the pursuant to 49 CFR 579.5: tsb@dot.gov.
operational performance of these tires or sale, offer for sale, or introduction or For submission of documents
on the safety of vehicles on which these delivery for introduction into interstate pursuant to 49 CFR 573.6(c)(10): Recalls
tires are mounted. The company commerce of the noncompliant tires Portal Help Desk, 1–888–719–9220;
asserted that the tires meet or exceed all recalls.helpdesk@dot.gov.
under their control after CTA notified
of the performance requirements of SUPPLEMENTARY INFORMATION: The
them that the subject noncompliance
FMVSS No. 139. National Highway Traffic Safety
(b) CTA noted that NHTSA has exists.
Administration (NHTSA or Agency) is
concluded in response to numerous Authority: 49 U.S.C. 30118, 30120:
issuing this notice of its intent to
other petitions that this type of Delegations of authority at 49 CFR 1.95 and
enforce and implement the
noncompliance is inconsequential to 501.8.
requirements of 49 U.S.C. 30166(f), as
motor vehicle safety. CTA referenced
Jeffrey M. Giuseppe, amended by the Moving Ahead for
notices that NHTSA has published in
Director, Office of Vehicle Safety Compliance. Progress in the 21st Century Act (MAP–
the Federal Register granting the
[FR Doc. 2016–06731 Filed 3–24–16; 8:45 am]
21).
following inconsequentiality petitions:
• Petition of Hankook Tire America BILLING CODE 4910–59–P I. Legal and Policy Background
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Corp., 79 FR 30688 (May 28, 2014);
• Petition of Bridgestone Americas A. Manufacturers Are Required To
Tire Operations, LLC, 78 FR 47049 Submit Copies to NHTSA of
(August 2, 2013); Communications to Their Dealers,
• Petition of Cooper Tire & Rubber Owners, or Purchasers About a Defect or
Company, 78 FR 47050 (August 2, Noncompliance
2013). The National Traffic and Motor
(C) CTA states that all tires covered by Vehicle Safety Act (Safety Act), as
its petition meet or exceed the amended, requires motor vehicle and
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![Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices 16271
motor vehicle equipment manufacturers Amendment, 49 FR 43227, 43228 (Sept. or purchaser, in the United States,
to provide NHTSA with copies of 19, 1975). The Agency explained that regarding any defect in its vehicles or
communications they send to their this was important because ‘‘[i]t is the items of equipment (including any
dealers, owners, or purchasers. responsibility of the NHTSA, not the failure or malfunction beyond normal
Specifically, the Safety Act requires manufacturers, to make a final deterioration in use, or any failure of
manufacturers to submit ‘‘a true or determination as to whether or not a performance, or any flaw or unintended
representative copy of each given defect is safety-related.’’ Id. In deviation from design specifications),
communication to the manufacturer’s 1978, the Agency reiterated that the law whether or not such defect is safety-
dealers or to owners or purchasers of a ‘‘specifically grants the agency [ ] related.’’ 49 CFR 579.5(a). It also
motor vehicle or replacement authority’’ to collect all communications requires that ‘‘[e]ach manufacturer shall
equipment produced by the about a defect and rejected the call from furnish to NHTSA a copy of each
manufacturer about a defect or some commenters to limit the communication relating to a customer
noncompliance with a motor vehicle submissions to only manufacturer satisfaction campaign, consumer
safety standard prescribed under this communications about ‘‘safety-related advisory, recall, or other safety activity
chapter in a vehicle or equipment that defects.’’ Final Rule, 43 FR 60165, involving the repair or replacement of
is sold or serviced.’’ 49 U.S.C. 30166(f). 60168–69 (Dec. 28, 1978). motor vehicles or equipment, that the
This is a long-standing requirement. See
2. Implementing Regulations manufacturer issued to, or made
Motor Vehicle and Schoolbus Safety
NHTSA implements the statutory available to, more than one dealer,
Amendments of 1974, Public Law 93–
requirement that manufacturers submit distributor, lessor, lessee, other
492, 158(a)(1), 88 Stat. 1470, 1475
(1974). representative copies of their manufacturer, owner, or purchaser, in
communications to dealers, owners, or the United States.’’ 49 CFR 579.5(b).
1. Scope of Submission Requirement purchasers through two regulations: Manufacturer communications required
The requirement for manufacturers to One specifically addressing recall by 49 CFR 579.5 are due to the Agency
submit copies of their communications communications, 49 CFR 573.6(c)(10), ‘‘not later than five working days after
to the Agency is broad and requires not and the other addressing manufacturer the end of the month’’ in which they
only submission of manufacturers’ communications more broadly, 49 CFR were issued. 49 CFR 579.5(d).
communications to dealers,1 owners, or 579.5.
Many communications about a defect B. NHTSA’s Current Treatment of
purchasers about vehicle and equipment
or noncompliance are communications Manufacturer Communications
recalls, but all communications ‘‘about
a defect or noncompliance.’’ 49 U.S.C. manufacturers make to their dealers, Submitted to the Agency
30166(f)(1). With regard to defects, the owners, or purchasers about recalls. It is important that manufacturers
statutory submission requirement is not Some examples of these fully comply with the requirement to
limited to communications about safety- communications are letters to dealers submit copies of communications to
related defects. ‘‘Defect’’ is a statutorily and vehicle owners informing them
their dealers, owners, or purchasers
defined term meaning ‘‘any defect in about a recall and service bulletins (also
about a defect or noncompliance so that
performance, construction, a known as technical service bulletins or
the Agency can effectively carry out its
component, or material of a motor TSBs) that provide repair instructions
mission. Among other things, the
vehicle or motor vehicle equipment.’’ 49 for trained technicians performing the
recall remedy. NHTSA requires Agency reviews these communications
U.S.C. 30102(a)(2). The plain language
manufacturers to submit a to evaluate whether a safety issue is
of the provision requiring submission of
representative copy to NHTSA of recall involved, to engage in proactive
copies of manufacturer communications
communications ‘‘not later than 5 days communications with manufacturers
to the Agency does not condition use of
the word ‘‘defect’’ to ‘‘defect related to after they are initially sent to where there may be a misunderstanding
motor vehicle safety,’’ as is the case manufacturers, distributors, dealers, or or misidentification of the risk of a
with other provisions of the Safety Act. purchasers.’’ 49 CFR 573.6(c)(10). This particular issue that a manufacturer has
Compare 49 U.S.C. 30166(f), with 49 applies to ‘‘all notices, bulletins, and decided to control and remedy via a
U.S.C. 30112(a)(3), 30118(a). other communications that relate field action that is less than a recall, and
Moreover, the Agency has long directly to the defect or noncompliance to ensure that recalls are carried out
interpreted the requirement that [that is the subject of a recall] and are effectively.
manufacturers submit copies of their sent to more than one manufacturer, NHTSA posts a great deal of
communications to dealers, owners, or distributor, dealer or purchaser.’’ Id. information on its Web site,
purchasers as capturing all defect- The second regulation that www.safercar.gov, including copies of
related communications. See 49 CFR implements the requirement for many manufacturer communications.
579.5. In 1975, the Agency explained manufacturers to submit NHTSA’s Web site has a search tool that
that the statute ‘‘specifically authorizes communications about a defect or allows a user to search for available
the agency to require the submission’’ of noncompliance to the Agency is 49 CFR documents and information by make,
communications about a defect, whether 579.5. That requires manufacturers to model, and model year of a vehicle, or
or not safety related. Proposed submit ‘‘a copy of all notices, bulletins, by brand name and other identifying
and other communications (including information for motor vehicle
those transmitted by computer, telefax,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
1 The Safety Act defines ‘‘dealer’’ as ‘‘a person
equipment.2 When a user performs a
selling and distributing new motor vehicles or or other electronic means and including
motor vehicle equipment primarily to purchasers search, NHTSA’s Web site currently
that in good faith purchase the vehicles or
warranty and policy extension displays available documents and
equipment other the for resale.’’ 49 U.S.C. communiqués and product information in four categories: (1)
30102(a)(1). Therefore the requirement to submit improvement bulletins) other than those Recalls, (2) Defect Investigations, (3)
communications to the Agency captures required to be submitted pursuant to
communications including both those between a
motor vehicle manufacturer and its dealers and
§ 573.6(c)(10) of this chapter, sent to 2 The search tool is currently available at
equipment suppliers and their motor vehicle more than one manufacturer, http://www-odi.nhtsa.dot.gov/owners/
manufacturer customers. See 49 CFR 579.5. distributor, dealer, lessor, lessee, owner, SearchSafetyIssues.
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![16272 Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices
Complaints, and (4) Service Bulletins.3 index to each communication. MAP–21, III. Guidance Regarding Index
NHTSA plans to rename the ‘‘Service Public Law 112–141, § 31303(a)(2), 126 Requirement
Bulletins’’ category as ‘‘Manufacturer Stat. 405, 764 (2012) (codified at 49 The law now requires manufacturers
Communications’’ to more fully reflect U.S.C. 30166(f)(2)). Specifically, to submit to NHTSA copies of their
the available content. Each of these four communications manufacturers are communications to dealers, owners, or
categories except ‘‘Complaints,’’ which required to submit to NHTSA under 49 purchasers about a defect or
are complaints submitted to the Agency U.S.C. 30166(f) ‘‘shall be accompanied noncompliance and requires that such
primarily by vehicle owners, may by an index to each communication, communications ‘‘shall be accompanied
contain copies of manufacturer that—(A) identifies the make, model, by an index to each communication.’’ 49
communications submitted to the and model year of the affected vehicles; U.S.C. 30166(f). The index must identify
Agency. [and] (B) includes a concise summary of
Where manufacturer communications the make, model, and model year of the
the subject matter of the affected vehicles and include a concise
involve a recall (i.e., concern a safety- communication.’’ Id.
related defect or noncompliance), the summary of the subject matter of the
While NHTSA already proactively communication. 49 U.S.C. 30166(f)(2).
Agency makes them available along made a substantial number of
with other recall-related documents This requirement has been in effect
manufacturer communications available since October 1, 2012. See MAP–21,
under the ‘‘Recalls’’ section of its Web to the public on its Web site, MAP–21
site. Other manufacturer Public Law 112–141, 3, 126 Stat. 405,
also changed the law to make it 413 (2012).
communications that relate to an mandatory for the Agency to post all
Agency defect investigation (i.e., Most manufacturers comply with the
manufacturer communications to long-standing requirement to submit
concern a potential safety-related defect) dealers, owners, or purchasers about a
are also available under the ‘‘Defect copies to the Agency of their
defect or noncompliance on its Web communications to dealers, owners, or
Investigations’’ section of the Web site. site. See 49 U.S.C. 30166(f)(1).
Additionally, NHTSA posts purchasers about a defect or
Additionally, NHTSA must post the noncompliance.5 However,
manufacturer communications about manufacturers’ indexes to their
customer satisfaction campaigns (i.e., manufacturers have not complied with
communications on its Web site in a the change in law requiring them to
concerning defects that have not been searchable format. 49 U.S.C. 30166(f)(2).
determined to pose an unreasonable risk accompany their communications to the
To implement these changes in the Agency with indexes to those
to motor vehicle safety) on the currently
law, NHTSA is providing guidance to communications.
named ‘‘Service Bulletins’’ portion of its
manufacturers on the index We are providing this guidance to
Web site. NHTSA also posts information
requirement. This guidance is warranted make manufacturers aware of their legal
about service bulletins (i.e., repair
because manufacturers have not been obligation to index their
instructions for trained technicians) for
submitting compliant indexes to the communications. The Agency expects
issues that have not been determined to
Agency since the MAP–21 changes all manufacturers to expeditiously come
be a safety-related defect or
noncompliance on its Web site under became effective on October 1, 2012. into full compliance with the law and
the currently named ‘‘Service Bulletin’’ See MAP–21, Public Law 112–141, § 3, will take additional action to enforce the
section of its Web site. NHTSA 126 Stat. 405, 413 (2012). In addition to index requirement as necessary. The
summarizes service bulletins and makes putting manufacturers on notice of this index requirement is subject to daily
the summary available, along with an index requirement and the Agency’s civil penalties. See 49 U.S.C.
option to request a copy of the intention to enforce it, providing 30165(a)(3).
documents.4 guidance will also help to ensure We are also providing this guidance to
consistency in the format and content of communicate to manufacturers the
II. New MAP–21 Requirements manufacturer indexes, thereby enabling content requirements for the index. We
Regarding Manufacturer the Agency to readily make the indexes are providing recommendations for
Communications Submitted to the publicly available in a searchable format preparing and submitting the index to
Agency on its Web site. help ensure consistency across
MAP–21 amended the Safety Act to NHTSA is also providing notice of its manufacturers and to enable the Agency
require manufacturers to submit intention to publicly post all to readily make the indexes publicly
additional information to the Agency manufacturer communications available in a searchable format on its
along with copies of their submitted to the Agency pursuant to 49 Web site.
communications and to require the U.S.C. 30166(f) on its Web site. MAP–
Agency to make that additional 21 requires NHTSA to post all A. Which manufacturers must submit
information and the communications manufacturer communications to indexed communications to the Agency?
themselves available on the Agency’s dealers, owners, or purchasers about a Every manufacturer of motor vehicles
Web site. defect or noncompliance. Prior to MAP– or motor vehicle equipment is
MAP–21 required manufacturers to 21, the Agency did not post certain responsible both for submitting copies
accompany their submissions of manufacturer communications of communications to dealers, owners,
communications to the Agency with an (specifically, certain service bulletins) or purchasers and to provide an
on its Web site, which some
3 NHTSA presently provides summary
manufacturers claimed to be
asabaliauskas on DSK3SPTVN1PROD with NOTICES
5 Where manufacturers have failed to comply
information, but does not post copies of service copyrighted documents. Congress in with this requirement, the Agency has taken
bulletins under the currently named ‘‘Service enforcement action. See August 28, 2015 Consent
Bulletin’’ portion of its Web site. MAP–21’s explicit requirement that the Order, In re: AQ15–001, Triumph Motorcycles
4 NHTSA’s Web site does not currently include Agency post ‘‘each communication to (America), Ltd.; July 8, 2015 Consent Order, In re:
summary information on all service bulletins the manufacturer’s dealers or to AQ14–001, Forest River, Inc.; July 8, 2015 Consent
generated by a manufacturer. Service bulletins for owners’’ about a defect or Order, In re: TQ14–003, Spartan Motors, Inc. The
safety recalls in general are not included, and also Agency has also has and continues to take steps to
service bulletins which do not pertain to a safety
noncompliance, has now made clear educate the industry about the communication
issue may not be included in the summaries that copyright law is not a restriction on submission requirement so that the Agency receives
provided. NHTSA action. this critical information.
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![Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices 16275
to the public pursuant to the library submitted pursuant to 49 CFR for, and the processing of, special
provision of copyright law. See 17 573.6(c)(10) or 579.5. The Agency will permits from the Department of
U.S.C. 108. also post manufacturer indexes for Transportation’s Hazardous Material
Congress necessarily made the communications submitted to the Regulations (49 CFR part 107, subpart
decision in enacting MAP–21, that Agency on or after October 1, 2012 on B), notice is hereby given that the Office
copyright law does not restrict NHTSA a rolling basis as compliant indexes are of Hazardous Materials Safety has
from publicly posting copies of all received. The Agency intends to make received the application described
manufacturer communications received manufacturer indexes available in a herein. Each mode of transportation for
by the Agency pursuant to 49 U.S.C. searchable format. which a particular special permit is
30166(f) on its Web site. Indeed, 49 Applicability/Legal Statement: This requested is indicated by a number in
U.S.C. 30166(f) expressly requires the Enforcement Guidance Bulletin sets the ‘‘Nature of Application’’ portion of
Agency to do so. forth NHTSA’s current interpretation the table below as follows: 1—Motor
MAP–21 trumps the limited waiver of and thinking on this topic and guiding vehicle, 2—Rail freight, 3—Cargo vessel,
sovereign immunity for copyright principles and best practices to be 4—Cargo aircraft only, 5—Passenger-
infringement claims. See 28 U.S.C. utilized in complying with the legal carrying aircraft.
1498(b). Congress could not have requirements of 49 U.S.C. 30166(f). This
intended to allow manufacturers to Bulletin is not a final agency action and DATES: Comments must be received on
assert copyright infringement against is intended as guidance only. This or before April 25, 2016.
the federal government based on the Bulletin is not intended, nor can it be Address comments to: Record Center,
Agency’s publication of service relied upon, to create any rights Pipeline and Hazardous Materials Safety
bulletins and other manufacturer enforceable by any party against Administration U.S. Department of
communications on its Web site in light NHTSA, the Department of Transportation Washington, DC 20590.
of the express statutory requirement that Transportation, or the United States.
Comments should refer to the
the Agency do so. See Food & Drug Moreover, these recommended practices
application number and be submitted in
Admin. v. Brown & Williamson Tobacco to not establish any defense to any
triplicate. If confirmation of receipt of
Corp., 529 U.S. 120, 143 (2000) (‘‘The violations of the statutes and regulations
comments is desired, include a self-
classic judicial task of reconciling many that NHTSA administers. This Bulletin
addressed stamped postcard showing
laws enacted over time, and getting may be revised without notice to reflect
the special permit number.
them to ‘make sense’ in combination, changes in NHTSA’s evaluation and
necessarily assumes that the analysis, or to clarify and update text. FOR FURTHER INFORMATION CONTACT:
implications of a statute may be altered Authority: 49 U.S.C. 30101, et seq.; 49 Ryan Paquet, Director, Office of
by the implications of a later statute. U.S.C. 30165(a)(3), 30166(f); delegations of Hazardous Materials Approvals and
This is particularly so where the scope authority at 49 CFR 1.95(a), 501.2(a)(1), Permits Division, Pipeline and
of the earlier statute is broad but the 501.5. Hazardous Materials Safety
subsequent statutes more specifically Issued on: March 21, 2016. Administration, U.S. Department of
address the topic at hand . . . . [A] Paul A. Hemmersbaugh, Transportation, East Building, PHH–30,
specific policy embodied in a later Chief Counsel. 1200 New Jersey Avenue Southeast,
federal statute should control our [FR Doc. 2016–06759 Filed 3–24–16; 8:45 am]
Washington, DC 20590–0001, (202) 366–
construction of the earlier statute, even 4535.
BILLING CODE 4910–59–P
though it has not been expressly SUPPLEMENTARY INFORMATION: Copies of
amended.’’) (internal quotation marks, the applications are available for
brackets, and citations omitted). DEPARTMENT OF TRANSPORTATION inspection in the Records Center, East
Because the law directs the Agency to Building, PHH–30, 1200 New Jersey
make manufacturer communications Pipeline and Hazardous Materials Avenue Southeast, Washington, DC or at
publicly available on its Web site, the Safety Administration http://regulations.gov.
Agency is acting to effectuate the law.
The Agency will post on its Web site Hazardous Materials: Notice of This notice of receipt of applications
those manufacturer communications Applications for Special Permits for special permit is published in
submitted to the Agency on or after the accordance with Part 107 of the Federal
AGENCY: Pipeline and Hazardous hazardous materials transportation law
October 1, 2012 effective date of MAP– Materials Safety Administration
21 that are not already available on the (49 U.S.C. 5117(b); 49 CFR 1.53(b)).
(PHMSA), DOT.
Agency’s Web site. Going forward, the ACTION: List of applications for special Issued in Washington, DC, on March 10,
Agency intends to post to its public Web 2016.
permits.
site all manufacturer communications Donald Burger,
submitted pursuant to 49 U.S.C. SUMMARY: In accordance with the Chief, Office of the Special Permits and
30166(f), including documents procedures governing the application Approvals.
Application Docket Applicant Regulation(s) affected Nature of the special permits thereof
number number
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SPECIAL PERMITS DATA
20205–N ........ ........................ Tier Holdings, LLC ......... 173.244 .................................. To authorize the one-time movement of a tank
built in accordance with ASME section VIII Div.
1. 2013 containing no more than 3,500 pounds
of sodium metal.
20213–N ........ ........................ West Cryogenics, Inc ..... 172.203(a), 172.301(c), To authorize the repair of certain DOT 4L cyl-
180.211(c)(2)(i). inders without requiring pressure testing to the
internal jacket.
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Document Created: 2018-02-02 15:17:35
Document Modified: 2018-02-02 15:17:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | For legal issues: Kerry Kolodziej, Office of the Chief Counsel, NCC-100, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-366-5263). | |
| FR Citation | 81 FR 16270 |
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