[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: 49CFR579.28]

[Page 939-941]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 579--REPORTING OF INFORMATION AND COMMUNICATIONS ABOUT POTENTIAL DEFECTS--Table of Contents
 
            Subpart C--Reporting of Early Warning Information
 
Sec. 579.28  Due date of reports and other miscellaneous provisions.

    (a) Initial submission of reports. The first calendar quarter for 
which reports are required under Secs. 579.21 through 579.27 of this 
part is the second calendar quarter of 2003.
    (b) Due date of reports. Each manufacturer of motor vehicles and 
motor vehicle equipment shall submit each report that is required by 
this subpart not later than 30 days after the last day of the reporting 
period. Notwithstanding the prior sentence, the due date for reports 
covering all calendar quarters in 2003 shall be 60 days after the last 
day of the reporting period.
    (c) One-time reporting of historical information. No later than 
September 30, 2003, each manufacturer covered by Secs. 579.21 through 
579.26 of this part shall file separate reports, providing information 
on the numbers of warranty claims or warranty adjustments and field 
reports that it received in each calendar quarter from April 1, 2000, to 
March 31, 2003, for vehicles manufactured in model years 1994 through 
2003 (including any vehicle designated as a 2004 model), for child 
restraint systems manufactured on or after April 1, 1998, and for tires 
manufactured on or after April 1, 1998. Each report shall include 
production data, as specified in paragraph (a) of Secs. 579.21 through 
579.26 of this part and shall identify the alleged

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system or component covered by warranty claim, warranty adjustment, or 
field report, as specified in paragraph (c) of Secs. 579.21 through 
579.26 of this part.
    (d) Minimal specificity. A claim or notice involving death, a claim 
or notice involving injury, a claim involving property damage, a 
consumer complaint, a warranty claim or warranty adjustment, or a field 
report need not be reported if it does not identify the vehicle or 
equipment with minimal specificity. If a manufacturer initially receives 
a claim, notice, complaint, warranty claim, warranty adjustment, or 
field report in which the vehicle or equipment is not identified with 
minimal specificity and subsequently obtains information that provides 
the requisite information needed to identify the product with minimal 
specificity, the claim, etc. shall be deemed to have been received when 
the additional information is received. If a manufacturer receives a 
claim or notice involving death or injury in which the vehicle or 
equipment is not identified with minimal specificity and the matter is 
being handled by legal counsel retained by the manufacturer, the 
manufacturer shall attempt to obtain the missing minimal specificity 
information from such counsel.
    (e) Claims received by registered agents. A claim received by any 
registered agent of a manufacturer under the laws of any State, or the 
agent that any manufacturer offering motor vehicles or motor vehicle 
equipment for import has designated pursuant to 49 U.S.C. 30164(a), 
shall be deemed received by the manufacturer.
    (f) Updating of information required in reports. (1) Except as 
specified in this subsection, a manufacturer need not update its reports 
under this subpart.
    (2) With respect to each report of an incident submitted under 
paragraph (b) of Secs. 579.21 through 579.26 of this part:
    (i) If a vehicle manufacturer is not aware of the VIN, or a tire 
manufacturer is not aware of the TIN, at the time the incident is 
initially reported, the manufacturer shall submit an updated report of 
such incident in its report covering the reporting period in which the 
VIN or TIN is identified.
    (ii) If a manufacturer indicated code 99 in its report because a 
system or component had not been identified in the claim or notice that 
led to the report, and the manufacturer becomes aware during a 
subsequent calendar quarter that one or more of the specified systems or 
components allegedly contributed to the incident, the manufacturer shall 
submit an updated report of such incident in its report covering the 
reporting period in which the involved specified system(s) or 
component(s) is (are) identified.
    (iii) If one or more systems or components is identified in a 
manufacturer's report of an incident, the manufacturer need not submit 
an updated report to reflect additional systems or components allegedly 
involved in the incident that it becomes aware of in a subsequent 
reporting period.
    (iv) If the report is of an incident involving an injury and an 
injured person dies after a manufacturer has reported the injury to 
NHTSA, the manufacturer need not submit an updated report to NHTSA 
reflecting that death.
    (g) When a report involving a death is not required. A report on 
incident(s) involving one or more deaths occurring in a foreign country 
that is identified in claim(s) against a manufacturer of motor vehicles 
or motor vehicle equipment involving a vehicle or equipment that is 
identical or substantially similar to equipment that the manufacturer 
has offered for sale in the United States need not be furnished if the 
claim specifically alleges that the death was caused by a possible 
defect in a component other than one that is common to the vehicle or 
equipment that the manufacturer has offered for sale in the United 
States.
    (h) Reporting on behalf of other manufacturers. Whenever a 
fabricating manufacturer or importer submits a report on behalf of one 
or more other manufacturers (including a brand name owner), as 
authorized under Sec. 579.3(b) of this part, the submitting manufacturer 
must identify each such other manufacturer. Whenever a brand name owner 
submits a report on its own behalf, it must identify the fabricating 
manufacturer of each separate product on which it is reporting.

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    (i) Abbreviations. Whenever a manufacturer is required to identify a 
State in which an incident occurred, the manufacturer shall use the two-
letter abbreviations established by the United States Postal Service 
(e.g., AZ for Arizona). Whenever a manufacturer is required to identify 
a foreign country in which an incident occurred, the manufacturer shall 
use the English-language name of the country in non-abbreviated form.
    (j) Claims of confidentiality. If a manufacturer claims that any of 
the information, data, or documents that it submits is entitled to 
confidential treatment, it must make such claim in accordance with part 
512 of this chapter.
    (k) Additional related information that NHTSA may request. In 
addition to information required periodically under this subpart, NHTSA 
may request other information that may help identify a defect related to 
motor vehicle safety.
    (l) Use of the plural. As used in this part, the plural includes the 
singular and the singular includes the plural to bring within the scope 
of reporting that which might otherwise be construed to be without the 
scope.