[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: 49CFR577.7]

[Page 918-919]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 577--DEFECT AND NONCOMPLIANCE NOTIFICATION--Table of Contents
 
Sec. 577.7  Time and manner of notification.

    (a) The notification required by Sec. 577.5 shall--
    (1) Be furnished within a reasonable time after the manufacturer 
first decides that either a defect that relates to motor vehicle safety 
or a noncompliance exists. The Administrator may order a manufacturer to 
send the notification to owners on a specific date where the 
Administrator finds,

[[Page 919]]

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 most recent purchaser known to the 
manufacturer, and
    (B) (Except in the case of a tire) if decided by the Administrator 
to be required for motor vehicle safety, by public notice in such manner 
as the Administrator may require after consultation with the 
manufacturer.
    (iii) In the case of a manufacturer required to provide notification 
concerning any defective or noncomplying tire, by first class or 
certified mail.
    (iv) In the case of a notification to be sent by a lessor to a 
lessee of a leased motor vehicle, by first-class mail to the most recent 
lessee known to the lessor. Such notification shall be mailed within ten 
days of the lessor's receipt of the notification from the vehicle 
manufacturer.
    (b) The notification required by any paragraph of Sec. 577.6 shall 
be provided:
    (1) Within 60 days after the manufacturer's receipt of the 
Administrator's order to provide the notification, except that the 
notification shall be furnished within a shorter or longer period if the 
Administrator incorporates in his order a finding that such period is in 
the public interest; and
    (2) In the manner and to the recipient specified in paragraph (a) of 
this section.

[41 FR 56816, Dec. 30, 1976, as amended at 60 FR 17271, Apr. 5, 1995]