(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 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 § 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, as amended at 68 FR 18142, Apr. 15, 2003]
Title 49 published on 2013-10-01
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