[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR577.10]

[Page 919-920]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 577--DEFECT AND NONCOMPLIANCE NOTIFICATION--Table of Contents
 
Sec. 577.10  Follow-up notification.

    (a) If, based on quarterly reports submitted pursuant to Sec. 573.6 
of this part

[[Page 920]]

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 urging the recipient to present the vehicle or item 
of equipment for remedy; and
    (3) Except as determined by the Administrator, the information 
required to be included in the initial notification.
    (f) The manufacturer shall mark the outside of each envelope in 
which it sends a follow-up notification in a manner which meets the 
requirements of Sec. 577.5(a) of this part.
    (g) Notwithstanding any other provision of this part, the 
Administrator may authorize the use of other media besides first-class 
mail for a follow-up notification.

[60 FR 17272, Apr. 5, 1995]