Mr. R. A. Whitfield

Quality Control Systems Corporation

1034 Plum Creek Drive

Crownsville, MD 21032-1322

Dear Mr. Whitfield:

This responds to your April 2, 2016 letter asking whether the National Highway Traffic Safety Administration (NHTSA) is precluded from taking enforcement action regarding a safety defect or noncompliance with a regulation or Federal Motor Vehicle Safety Standard (FMVSS) when that defect or noncompliance is a cyber threat indicator provided to the Federal government under the Cybersecurity Act of 2015.

As you know, the agency published a request for comments on NHTSA Enforcement Guidance Bulletin 2016-02: Safety-Related Defects and Emerging Automotive Technologies.[1] �We noticed that you submitted identical questions as a comment to the abovementioned docket.[2] �The issue you raise will be discussed in the agency�s response to comments that is currently being prepared.

Thank you for your interest in motor vehicle safety. �If you have further questions, please contact Ms. Sara Bennett of my staff at (202) 366-2992.

Sincerely,

Paul A. Hemmersbaugh

Chief Counsel

Dated: 6/1/16

Ref: Miscellaneous

---

[1] Docket No. NHTSA-2016-0040 (Apr. 1, 2016), available at https://www.federalregister.gov/articles/2016/04/01/2016-07353/request-for-public-comments-on-nhtsa-enforcement-guidance-bulletin-2016-02-safety-related-defects.

[2] Your comment is available at https://www.regulations.gov/#!documentDetail;D=NHTSA-2016-0040-0013.