cfr_sections
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14 rows where part_number = 577 and title_number = 49 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:7.1.1.1.6.0.1.1 | 49 | Transportation | V | 577 | PART 577—DEFECT AND NONCOMPLIANCE NOTIFICATION | § 577.1 Scope. | NHTSA | [69 FR 34959, June 23, 2004] | This part sets forth requirements for manufacturer notification to owners, dealers, and distributors of motor vehicles and items of replacement equipment about a defect that relates to motor vehicle safety or a noncompliance with a Federal motor vehicle safety standard. | ||||||
| 49:49:7.1.1.1.6.0.1.10 | 49 | Transportation | V | 577 | PART 577—DEFECT AND NONCOMPLIANCE NOTIFICATION | § 577.10 Follow-up notification. | NHTSA | [60 FR 17272, Apr. 5, 1995, as amended at 68 FR 18142, Apr. 15, 2003] | (a) If, based on quarterly reports submitted pursuant to § 573.7 of this part or other available information, the Administrator decides that a notification of a safety-related defect of a noncompliance with a Federal motor vehicle safety standard sent by a manufacturer has not resulted in an adequate number of vehicles or items of equipment being returned for remedy, the Administrator may direct the manufacturer to send a follow-up notification in accordance with this section. The scope, timing, form, and content of such follow-up notification will be established by the Administrator, in consultation with the manufacturer, to maximize the number of owners, purchasers, and lessees who will present their vehicles or items of equipment for remedy. (b) The Administrator may consider the following factors in deciding whether or not to require a manufacturer to undertake a follow-up notification campaign: (1) The percentage of covered vehicles or items of equipment that have been presented for the remedy; (2) The amount of time that has elapsed since the prior notification(s); (3) The likelihood that a follow-up notification will increase the number of vehicles or items of equipment receiving the remedy; (4) The seriousness of the safety risk from the defect or noncompliance; (5) Whether the prior notification(s) undertaken by the manufacturer complied with the requirements of the statute and regulations; and (6) Such other factors as are consistent with the purpose of the statute. (c) A manufacturer shall be required to provide a follow-up notification under this section only with respect to vehicles or items of equipment that have not been returned for remedy pursuant to the prior notification(s). (d) Except where the Administrator determines otherwise, the follow-up notification shall be sent to the same categories of recipients that received the prior notification(s). (e) A follow-up notification must include: (1) A statement that identifies it as a follow-up to an earlier communication; (2) A statement… | ||||||
| 49:49:7.1.1.1.6.0.1.11 | 49 | Transportation | V | 577 | PART 577—DEFECT AND NONCOMPLIANCE NOTIFICATION | § 577.11 Reimbursement notification. | NHTSA | [67 FR 64065, Oct. 17, 2002] | (a) Except as otherwise provided in paragraph (e) of this section, when a manufacturer of motor vehicles or replacement equipment is required to provide notice in accordance with §§ 577.5 or 577.6, in addition to complying with other sections of this part, the manufacturer shall notify owners that they may be eligible to receive reimbursement for the cost of obtaining a pre-notification remedy of a problem associated with a defect or noncompliance consistent with the manufacturer's reimbursement plan submitted to NHTSA pursuant to §§ 573.6(c)(8)(i) and 573.13 of this chapter. (b) The manufacturer's notification shall include a statement, following the items required by § 577.5 or § 577.6, that (1) Refers to the possible eligibility for reimbursement for the cost of repair or replacement; and (2) Describes how a consumer may obtain information about reimbursement from the manufacturer; (c) The information referred to in § 577.11(b)(2) of this part shall be provided in one of the following ways: (1) In an enclosure to the notification under § 577.5 or § 577.6 that provides the information described in § 577.11(d), consistent with the manufacturer's reimbursement plan; or (2) Through a toll-free telephone number (with TTY capability) identified in the notification that provides the information described in § 577.11(d), consistent with the manufacturer's reimbursement plan. (3) For notifications of defects or noncompliances in item of motor vehicle equipment that are in a form other than a letter to a specific owner or purchaser, if the manufacturer does not otherwise maintain a toll-free telephone number for the use of consumers, the manufacturer may refer claimants to a non-toll-free telephone number (with TTY capability) if it also specifies a mailing address at which owners can obtain the relevant information regarding the manufacturer's reimbursement plan. (d) The information to be provided under paragraph (c) of this section must: (1) Identify the vehicle and/or equipment that is the subject of the rec… | ||||||
| 49:49:7.1.1.1.6.0.1.12 | 49 | Transportation | V | 577 | PART 577—DEFECT AND NONCOMPLIANCE NOTIFICATION | § 577.12 Notification pursuant to an accelerated remedy program. | NHTSA | [67 FR 72393, Dec. 5, 2002] | (a) When the Administrator requires a manufacturer to accelerate its remedy program under § 573.14 of this chapter, or when a manufacturer agrees with a request from the Administrator that it accelerate its remedy program in advance of being required to do so, in addition to complying with other sections of this part, the manufacturer shall provide notification in accordance with this section. (b) Except as provided elsewhere in this section or when the Administrator determines otherwise, the notification under this section shall be sent to the same recipients as provided by § 577.7. If no notification has been provided to owners pursuant to this part, the provisions required by this section may be combined with the notification under §§ 577.5 or 577.6. A manufacturer need only provide a notification under this section to owners of vehicles or items of equipment for which the defect or noncompliance has not been remedied. (c) The manufacturer's notification shall include the following: (1) If there was a prior notification, a statement that identifies that notification and states that this notification supplements it; (2) When the accelerated remedy program has been required by the Administrator, a statement that the National Highway Traffic Safety Administration has required the manufacturer to accelerate its remedy program; (3) A statement of how the program has been accelerated (e.g., by expanding the sources of replacement parts and/or expanding the number of authorized repair facilities); (4) Where applicable, a statement that the owner may elect to obtain the recall remedy using designated service facilities other than those that are owned or franchised by the manufacturer or are the manufacturer's authorized dealers, and an explanation of how the owner may arrange for service at those other facilities; (5) Where applicable, a statement that the owner may elect to obtain the recall remedy using specified replacement parts or equipment from sources other than the manufacturer; (6) Where applicable, a… | ||||||
| 49:49:7.1.1.1.6.0.1.13 | 49 | Transportation | V | 577 | PART 577—DEFECT AND NONCOMPLIANCE NOTIFICATION | § 577.13 Notification to dealers and distributors. | NHTSA | [69 FR 34960, June 23, 2004, as amended at 70 FR 38815, July 6, 2005] | (a) The notification to dealers and distributors of a safety-related defect or a noncompliance with a Federal motor vehicle safety standard shall contain a clear statement that identifies the notification as being a safety recall notice, an identification of the motor vehicles or items of motor vehicle equipment covered by the recall, a description of the defect or noncompliance, and a brief evaluation of the risk to motor vehicle safety related to the defect or noncompliance. The notification shall also include a complete description of the recall remedy, and the estimated date on which the remedy will be available. Information required by this paragraph that is not available at the time of the original notification shall be provided as it becomes available. (b) The notification shall also include an advisory stating that it is a violation of Federal law for a dealer to deliver a new motor vehicle or any new or used item of motor vehicle equipment (including a tire) covered by the notification under a sale or lease until the defect or noncompliance is remedied. (c) The manufacturer shall, upon request of the Administrator, demonstrate that it sent the required notification to each of its known dealers and distributors and the date of such notification. | ||||||
| 49:49:7.1.1.1.6.0.1.14 | 49 | Transportation | V | 577 | PART 577—DEFECT AND NONCOMPLIANCE NOTIFICATION | § 577.14 Labeling for owner notification letter envelope. | NHTSA | [79 FR 43678, July 28, 2014] | (a) Purpose and scope —The purpose of this section is to supply vehicle and equipment manufacturers, including manufacturers of tires and child safety seats, with the label required to be shown on the envelopes of safety recall notification letters mailed to owners pursuant to § 577.5. This label shall not be used for any purpose other than compliance with § 577.5 by any entity outside of the Department of Transportation. (b) Required label information and format. (1) The label depicted in this section must be printed on the front of the safety recall owner notification envelope. The content, format, and sequence of this label are depicted in Figure 1 of this section. A Spanish version of this label, for owners located in the Commonwealth of Puerto Rico or the Canal Zone, can be found in Figure 2 of this section. (2) The text “IMPORTANT SAFETY RECALL INFORMATION” must be printed in capital letters, have a minimum font size of 10 point, and be printed in white text on a red background. Also, this text must be centered horizontally and located near the top of the label. The text “Issued in Accordance With Federal Law” must have a minimum font size of 10 point, be printed in black text on a white background, and be located directly beneath the preceding text, also centered horizontally within the label. (3) The logo of the U.S. Department of Transportation must be located at the bottom, left-hand corner of the label. The logo of the National Highway Traffic Safety Administration must be located at the bottom, right-hand corner of the label. Each logo should be printed in black color with a white background. (c) Required label size —The label depicted in this paragraph must be 1 inch in height and 3 inches in length. | ||||||
| 49:49:7.1.1.1.6.0.1.2 | 49 | Transportation | V | 577 | PART 577—DEFECT AND NONCOMPLIANCE NOTIFICATION | § 577.2 Purpose. | NHTSA | [41 FR 56816, Dec. 30, 1976, as amended at 69 FR 34959, June 23, 2004] | The purpose of this part is to ensure that notifications of defects or noncompliances adequately inform and effectively motivate owners of potentially defective or noncomplying motor vehicles or items of replacement equipment to have such vehicles or equipment inspected and, where necessary, remedied as quickly as possible. It is also to ensure that dealers and distributors of motor vehicles and items of replacement equipment are made aware of the existence of defects and noncompliances and of their rights and responsibilities with regard thereto. | ||||||
| 49:49:7.1.1.1.6.0.1.3 | 49 | Transportation | V | 577 | PART 577—DEFECT AND NONCOMPLIANCE NOTIFICATION | § 577.3 Application. | NHTSA | This part applies to manufacturers of complete motor vehicles, incomplete motor vehicles, and replacement equipment. In the case of vehicles manufactured in two or more stages, compliance by either the manufacturer of the incomplete vehicle, any subsequent manufacturer, or the manufacturer of affected replacement equipment, shall be considered compliance by each of those manufacturers. | |||||||
| 49:49:7.1.1.1.6.0.1.4 | 49 | Transportation | V | 577 | PART 577—DEFECT AND NONCOMPLIANCE NOTIFICATION | § 577.4 Definitions. | NHTSA | [41 FR 56816, Dec. 30, 1976, as amended at 60 FR 17270, Apr. 5, 1995] | For the purposes of this part: Act means 49 U.S.C. Chapter 30101-30169. Administrator means the Administrator of the National Highway Traffic Safety Administration or his delegate. First purchaser means the first purchaser in good faith for a purpose 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 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 safety-related defect or noncompliance with a Federal motor vehicle safety standard in one or more of the leased motor vehicles. Owners includes purchaser. | ||||||
| 49:49:7.1.1.1.6.0.1.5 | 49 | Transportation | V | 577 | PART 577—DEFECT AND NONCOMPLIANCE NOTIFICATION | § 577.5 Notification pursuant to a manufacturer's decision. | NHTSA | [41 FR 56816, Dec. 30, 1976, as amended at 46 FR 6971, Jan. 22, 1981; 46 FR 28657, May 28, 1981; 60 FR 17270, Apr. 5, 1995; 61 FR 279, Jan. 4, 1996; 68 FR 18142, Apr. 15, 2003; 70 FR 35557, June 21, 2005; 72 FR 32016, June 11, 2007; 78 FR 51422, Aug. 20, 2013; 79 FR 43678, July 28, 2014; 80 FR 55037, Sept. 14, 2015] | (a) When a manufacturer of motor vehicles or replacement equipment determines that any motor vehicle or item of replacement equipment produced by the manufacturer contains a defect that relates to motor vehicle safety, or fails to conform to an applicable Federal motor vehicle safety standard, or the manufacturer files a defect or noncompliance information report under 49 CFR part 573, the manufacturer shall provide notification in accordance with § 577.7(a), unless the manufacturer is exempted by the Administrator (pursuant to 49 U.S.C. 30118(d) or 30120(h)) from giving such notification. The notification shall contain the information specified in this section. The information required by paragraphs (b) and (c) of this section shall be presented in the form and order specified. The information required by paragraphs (d) through (h) of this section may be presented in any order. Except as authorized by the Administrator, the manufacturer shall submit a copy of its proposed owner notification letter, including any provisions or attachments related to reimbursement, to NHTSA's Recall Management Division (NVS-215) no fewer than five (5) Federal Government business days before it intends to begin mailing it to owners. The manufacturer shall mark the outside of each envelope in which it sends an owner notification letter with a notation that includes the phrase “SAFETY RECALL NOTICE,” all in capital letters and in a type that is larger than that used in the address section, and is also distinguishable from the other type in a manner other than size. It shall also imprint on the outside of this envelope a label in accordance with § 577.14. Except where the format of the envelope has been previously approved by NHTSA's Recall Management Division (NVS-215), each manufacturer must submit the envelope format it intends to use to that division at least five (5) Federal Government business days before mailing the notification to owners. Submission of envelopes and proposed owner notification letters shall be made by the mean… | ||||||
| 49:49:7.1.1.1.6.0.1.6 | 49 | Transportation | V | 577 | PART 577—DEFECT AND NONCOMPLIANCE NOTIFICATION | § 577.6 Notification pursuant to Administrator's decision. | NHTSA | [41 FR 56816, Dec. 30, 1976, as amended at 60 FR 17271, Apr. 5, 1995; 80 FR 55037, Sept. 14, 2015] | (a) Agency-ordered notification. When a manufacturer is ordered pursuant to 49 U.S.C. 30118(b) to provide notification of a defect or noncompliance, he shall provide such notification in accordance with §§ 577.5 and 577.7, except that the statement required by paragraph (c) of § 577.5 shall indicate that the decision has been made by the Administrator of the National Highway Traffic Safety Administration. (b) Provisional notification. When a manufacturer does not provide notification as required by paragraph (a) of this section, and an action concerning the Administrator's order to provide such notification has been filed in a United States District Court, the manufacturer shall, upon the Administrator's further order, provide in accordance with paragraph (b) of § 577.7 a provisional notification containing the information specified in this paragraph, in the order and, where specified, the form of paragraphs (b)(1) through (b)(12) of this section. (1) An opening statement: “This notice is sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.” (2) Whichever of the following statements is appropriate: (i) “The Administrator of the National Highway Traffic Safety Administration has decided that a defect which relates to motor vehicle safety exists in (identified motor vehicles, in the case of notification sent by a manufacturer of motor vehicles; identified replacement equipment, in the case of notification sent by a manufacturer of replacement equipment);” or (ii) “The Administrator of the National Highway Traffic Safety Administration has decided that (identified motor vehicles in the case of notification sent by a motor vehicle manufacturer; identified replacement equipment, in the case of notification sent by a manufacturer of replacement equipment) fail to conform to federal Motor Vehicle Safety Standard No. (number and title of standard).” (3) When the Administrator decides that the defect or noncompliance may not exist in each such vehicle or item of r… | ||||||
| 49:49:7.1.1.1.6.0.1.7 | 49 | Transportation | V | 577 | PART 577—DEFECT AND NONCOMPLIANCE NOTIFICATION | § 577.7 Time and manner of notification. | NHTSA | [41 FR 56816, Dec. 30, 1976, as amended at 60 FR 17271, Apr. 5, 1995; 69 FR 34959, June 23, 2004; 70 FR 38814, July 6, 2005; 78 FR 51422, Aug. 20, 2013; 79 FR 43678, July 28, 2014] | (a) The notification required by § 577.5 shall— (1) Be furnished no later than 60 days from the date the manufacturer files its defect or noncompliance information report under part 573. In the event that the remedy for the defect or noncompliance is not available at the time of notification, the manufacturer shall issue a second notification within a reasonable time and in accordance with the requirements of this part once that remedy is available. The Administrator may order a manufacturer to send the notification to owners on a specific date where the Administrator finds, after consideration of available information and the views of the manufacturer, that such notification is in the public interest. The factors that the Administrator may consider include, but are not limited to, the severity of the safety risk; the likelihood of occurrence of the defect or noncompliance; whether there is something that an owner can do to reduce either the likelihood of occurrence of the defect or noncompliance or the severity of the consequences; whether there will be a delay in the availability of the remedy from the manufacturer; and the anticipated length of any such delay. (2) Be accomplished— (i) In the case of a notification required to be sent by a motor vehicle manufacturer, by first class mail to each person who is registered under State law as the owner of the vehicle and whose name and address are reasonably ascertainable by the manufacturer through State records or other sources available to him. If the owner cannot be reasonably ascertained, the manufacturer shall notify the most recent purchaser known to the manufacturer. The manufacturer shall also provide notification to each lessee of a leased motor vehicle that is covered by an agreement between the manufacturer and a lessor under which the manufacturer is to notify lessees directly of safety-related defects and noncompliances. (ii) In the case of a notification required to be sent by a replacement equipment manufacturer— (A) By first class mail to the m… | ||||||
| 49:49:7.1.1.1.6.0.1.8 | 49 | Transportation | V | 577 | PART 577—DEFECT AND NONCOMPLIANCE NOTIFICATION | § 577.8 Disclaimers. | NHTSA | [60 FR 17272, Apr. 5, 1995] | (a) A notification sent pursuant to §§ 577.5, 577.6, 577.9 or 577.10 regarding a defect which relates to motor vehicle safety shall not, except as specifically provided in this part, contain any statement or implication that there is no defect, that the defect does not relate to motor vehicle safety, or that the defect is not present in the owner's or lessee's vehicle or item of replacement equipment. This section also applies to any notification sent to a lessor or directly to a lessee by a manufacturer. (b) A notification sent pursuant to §§ 577.5, 577.6, 577.9 or 577.10 regarding a noncompliance with an applicable motor vehicle safety standard shall not, except as specifically provided in this part, contain any statement or implication that there is not a noncompliance, or that the noncompliance is not present in the owner's or lessee's vehicle or item of replacement equipment. This section also applies to any notification sent to a lessor or directly to a lessee by a manufacturer. | ||||||
| 49:49:7.1.1.1.6.0.1.9 | 49 | Transportation | V | 577 | PART 577—DEFECT AND NONCOMPLIANCE NOTIFICATION | § 577.9 Conformity to statutory requirements. | NHTSA | A notification that does not conform to the requirements of this part is a violation of the Act. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);