Providing Legal Representation for Manufacturers on Product Safety, Pass-By Noise, and Recall Issues for over 21 years.
DATES: Registration must be completed on or before December 9, 2016. The meeting will be held December 12, 2016 in Arlington Virginia.
PURPOSE: The morning portion of the meeting will be to look at the Section II of the Federal Automated Vehicles Policy–Model State Policy. The afternoon session will discuss Section IV of the Policy—Modern Regulatory Tools. The meeting will be available by webcast at http:// www.nhtsa.gov/nhtsa/av/index.html.
DATES: The rule is effective on August 4, 2016. Petitions for Reconsideration must be filed on or before August 19, 2016
SUMMARY:
578.6(a) Motor vehicle safety—(1) In general. A person who violates any of sections 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, or 30141 through 30147 of Title 49 of the United States Code or a regulation prescribed under any of those sections is liable to the United States Government for a civil penalty of not more than $21,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum civil penalty under this paragraph for a related series of violations is $105,000,000.
(2) School buses—A violation of Section 30112(a)(1) shall result in a civil penalty of not more than $11,940 per violation and no more than $17,909,550 for a series of related violations
(3) A violation of 30166 can result in a maximum civil penalty of $21,000 per individual violation and a maximum of $105,000,000 for a related series of violations.
(4) False and Misleading Reports-a maximum of $5,141 per day or a maximum of $1,028,190 for a series of daily violations.
(b) National Automobile Title Information System. An individual or entity violating 49 U.S.C. Chapter 305 is liable to the United States Government for a civil penalty of not more than $1,677 for each violation.
(c) Bumper standards. $2,750 per violation. $3,062,500 maximum for a related series of violations
(d) Consumer Information (1) Crash- worthiness and damage susceptibility. A person who violates 49 U.S.C. 32308(a), regarding crashworthiness and damage susceptibility, is liable for a civil penalty of not more than $2,750 for each violation. Each failure to provide information or comply with a regulation in violation of 49 U.S.C. 32308(a) is a separate violation. The maximum penalty for a related series of violations is $1,500,000.
(2) Consumer tire information. Any person who fails to comply with the national tire fuel efficiency program under 49 U.S.C. 32304A is liable for a civil penalty of not more than $56,917 for each violation.
(e) Country of origin content labeling. A manufacturer of a passenger motor vehicle distributed in commerce for sale in the United States that willfully fails to attach the label required under 49 U.S.C. 32304 to a new passenger motor vehicle that the manufacturer manufactures or imports, or a dealer that fails to maintain that label as required under 49 U.S.C. 32304, is liable for a civil penalty of not more than $1,677 for each violation. Each failure to attach or maintain that label for each vehicle is a separate violation.
(f) Odometer tampering and disclosure. (1) A person that violates 49 U.S.C. Chapter 327 or a regulation prescribed or order issued thereunder is liable to the United States Government for a civil penalty of not more than $10,281 for each violation. A separate violation occurs for each motor vehicle or device involved in the violation. The maximum civil penalty under this paragraph for a related series of violations is $1,028,190.
(2) A person that violates 49 U.S.C. Chapter 327 or a regulation prescribed or order issued thereunder, with intent to defraud, is liable for three times the actual damages or $10,281, whichever is greater.
(g) Vehicle theft protection. (1) A person that violates 49 U.S.C. 33114(a)(1)-(4) is liable for a civil penalty of not more than $2,259 for each violation. The failure of more than one part of a single motor vehicle to conform to an applicable standard under 49 U.S.C. 33102 or 33103 is only a single violation. The maximum penalty for a related series of violations is $564,668.
(2) A person that violates 49 U.S.C. 33114(a)(5) is liable for a civil penalty of not more than $167,728 a day for each violation.
(h) Automobile fuel economy. (1) A person that violates 49 U.S.C. 32911(a) is liable for a civil penalty of not more than $40,000 for each violation. A separate violation occurs for each day the violation continues.
(2) Except as provided in 49 U.S.C. 32912(c), a manufacturer that violates a standard prescribed for a model year under 49 U.S.C. 32902 is liable to the United States Government for a civil penalty of $14 multiplied by each .1 of a mile a gallon by which the applicable average fuel economy standard under that section exceeds the average fuel economy— (i) Calculated under 49 U.S.C. 32904(a)(1)(A) or (B) for automobiles to which the standard applies manufactured by the manufacturer during the model year; (ii) Multiplied by the number of those automobiles; and (iii) Reduced by the credits available to the manufacturer under 49 U.S.C. 32903 for the model year.
(i) Medium- and heavy-duty vehicle fuel efficiency. The maximum civil penalty for a violation of the fuel consumption standards of 49 CFR Part 535 is not more than $39,391 per vehicle or engine. The maximum civil penalty for a related series of violations shall be determined by multiplying $39,391 times the vehicle or engine production volume for the model year in question within the regulatory averaging set.
DATES: Comments must be received on or before July 5, 2016
SUMMARY AND EXCERPTS: NHTSA is proposing to issue an FMVSS No. 217a to specify an impactor test of glazing material used in side and rear windows. In the tests, a 57 lb impactor would be propelled from inside a test vehicle toward the window glazing at 13.4 mph. Each window must comply with the performance requirements below for the following three impacts in a NHTSA compliance test: (a) An impact near a latching mechanism of an intact window; (b) an impact at the center of the daylight opening of an intact window; and (c) an impact at the center of the daylight opening of a pre-broken window. The impactor and impact speed in these proposed tests simulate the loading from an average size adult male impacting a window on the opposite side of a large bus in a rollover.
The proposed performance requirements are as follows:
In addition:
NHTSA believes the proposed requirements would fill a gap currently existing in NHTSA’s motor coach and large bus safety regulations and that advanced glazing in window openings and improved mountings would mitigate the risk of ejection of occupants who may not be restrained at the time of the crash, and the risk of partial ejections of both restrained and unrestrained occupants.
DATES: Comments must be received on or before May 2, 2016
HIGHLIGHTS: The proposed Enforcement Guidance Bulletin set forth in this notice contains NHTSA’s current views on emerging automotive technologies—including its view that when vulnerabilities of such technology or equipment pose an unreasonable risk to safety, those vulnerabilities constitute safety-related defect—and suggests guiding principles and best practices for motor vehicle and equipment manufacturers in this context.
Part III of the notice sets forth the “Guidance and Recommended Best Practices: Safety-Related Defects, Unreasonable Risk, and Emerging Technologies”.
To avoid violating Safety Act requirements and standards, manufacturers of emerging technology and the motor vehicles on which such technology is installed are strongly encouraged to take steps to proactively identify and resolve safety concerns before their products are available for use on public roadways.
In the case of cybersecurity vulnerabilities, NHTSA will weigh several factors in determining whether a vulnerability poses an unreasonable risk to safety (and thus constitutes a safety related defect), including: (i) the amount of time elapsed since the vulnerability was discovered (e.g., less than one day, three months, or more than six months); (ii) the level of expertise needed to exploit the vulnerability (e.g., whether a layman can exploit the vulnerability or whether it takes experts to do so); (iii) the accessibility of knowledge of the underlying system (e.g., whether how the system works is public knowledge or whether it is sensitive and restricted); (iv) the necessary window of opportunity to exploit the vulnerability (e.g., an unlimited window or a very narrow window); and, (v) the level of equipment needed to exploit the vulnerability (e.g., standard or highly specialized). NHTSA uses those factors, and others, to help assess the overall probability of a malicious cybersecurity attack.
Manufacturers should consider adopting a life-cycle approach to safety risks when developing automated vehicles, other innovative automotive technologies, and safety compliance programs and other business practices in connection with such technologies. A life-cycle approach would include elements of assessment, design, implementation, and operations as well as an effective testing and certification program.
Considering hardware, software, and network and cloud security, manufacturers should consider developing a simulator, using case scenarios and threat modeling on all systems, sub-systems, and devices, to test for safety risks, including cybersecurity vulnerabilities, at all steps in the manufacturing process for the entire supply chain, to implement an effective risk mitigation plan.
This Bulletin is not intended, nor can it be relied upon, to create any rights enforceable by any party against NHTSA, the U.S. Department of Transportation, or the United States. These recommended practices do not establish any defense to any violations of the Safety Act, or regulations thereunder, or violation of any statutes or regulations that NHTSA administers. This Bulletin may be revised in writing without notice to reflect changes in the Agency’s views and analysis, or to clarify and update text
On March 25, 2016, NHTSA Published a Notice of Statutory Requirements Requiring an Index to Accompany the Provision of Copies of Documents Transmitted to NHTSA Under 49CFR 579.5
For many years, there has been a requirement, now in 49 CFR 579.5(a), that automotive vehicle and component manufacturers provide NHTSA with ‘a copy of all notices, bulletins, and other communications 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 whether or not such defect is safety related. However, if a manufacturer has determined that the defect is safety related they should be reporting this under 49 CFR 573, so this really only applies to defects that the manufacturer does not believe are safety related.
49 CFR 579.5(b) 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.”
The regulation in 579.5 does not state what the transmittal letter to NHTSA must say, but only states that the copy of each document must be in readable form and must be submitted within five working days after the end of the month in which it was issued.
However, in 2012 MAP–21 was enacted, requiring manufacturers to accompany their submissions of communications to the Agency with an index to each communication. MAP–21, Public Law 112–141, § 31303(a)(2), 126 Stat. 405, 764 (2012). This was codified in 49 USC 30166(f).
Section 30166(f) states:
(f) Providing Copies of Communications About Defects and Noncompliance.—
(1)In general.— A manufacturer shall give the Secretary of Transportation, and the Secretary shall make available on a publicly accessible Internet website, 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.
(2)Index.—Communications required to be submitted to the Secretary under this subsection shall be accompanied by an index to each communication, that—
(A) identifies the make, model, and model year of the affected vehicles;
(B) includes a concise summary of the subject matter of the communication; and
(C) shall be made available by the Secretary to the public on the Internet in a searchable format.
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. However, manufacturers have not complied with the change in law requiring them to accompany their communications to the Agency with indexes to those communications. The Agency is 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.
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