Code of Federal Regulations: Containing a Codification of Documents of ...

delivery of an engine or transmission becomes inaccurate because of changed circumstances, a corrected certificate shall be provided no later than the time of delivery of the engine or transmission.

(f) For suppliers of engines and transmissions, the information and certification required by this section is in addition to that required by §§ 583.10 and 583.11.

§ 583.13 Supplier certification and certificates.

Each supplier shall certify the information on each certificate provided under §§ 583.10, 583.11, and 583.12 by including the following phrase on the certificate: "This information is certified in accordance with DOT regulations." The phrase shall immediately precede the other information on the certificate. The certificate may be submitted to a manufacturer or allied supplier in any mode (e.g., paper, electronic) provided the mode contains all information in the certificate.

§ 583.14 Currency conversion rate.

For purposes of calculations of content value under this part, manufacturers and suppliers shall calculate exchange rates using the methodology set forth in this section.

(a) Manufacturers. (1) Unless a manufacturer has had a petition approved by the Environmental Protection Agency under 40 CFR 600.511-80(b)(1), for all calculations made by the manufacturer as a basis for the information provided on the label required by §583.5, manufacturers shall take the mean of the exchange rates in effect at the end of each quarter set by the Federal Reserve Bank of New York for twelve calendar quarters prior to and including the calendar quarter ending one year prior to the date that the manufacturer submits information for a carline under § 583.17.

(2) A manufacturer that has had a petition approved by the Environmental Protection Agency under 40 CFR 600.511-80(b)(1), which provides for a different method of determining exchange rates, shall use the same method as a basis for the information provided on the label required by §583.5, and shall inform the Administrator of the ex

change rate method it is using at the time the information required by § 583.5 is submitted.

(b) Suppliers. For all calculations underlying the information provided on each certificate required by §§ 583.10, 583.11, and 583.12, suppliers shall take the mean of the exchange rates in effect at the end of each quarter set by the Federal Reserve Bank of New York for twelve calendar quarters prior to and including the calendar quarter ending one year prior to the date of such certificate.

§ 583.15 Joint ownership.

(a) A carline jointly owned and/or produced by more than one manufacturer shall be attributed to the single manufacturer that markets the carline, subject to paragraph (b) of this section.

(b)(1) The joint owners of a carline may designate, by written agreement, the manufacturer of record of that carline.

(2) The manufacturer of record is responsible for compliance with all the manufacturer requirements in this part with respect to the jointly owned carline. However, carline determinations must be consistent with § 583.4(3).

(3) A designation under this section of a manufacturer of record is effective beginning with the first model year beginning after the conclusion of the written agreement, or, if the joint owners so agree in writing, with a specified later model year.

(4) Each manufacturer of record shall send to the Administrator written notification of its designation as such not later than 30 days after the conclusion of the written agreement, and state the carline of which it is considered the manufacturer, the names of the other persons which jointly own the carline, and the name of the person, if any, formerly considered to be the manufacturer of record.

(5) The joint owners of a carline may change the manufacturer of record for a future model year by concluding a written agreement before the beginning of that model year.

(6) The allied suppliers for the jointly owned carline are the suppliers that are wholly owned by any of the manufacturers of the jointly owned carline.

§ 583.16 Maintenance of records.

(a) General. Each manufacturer of new passenger motor vehicles and each supplier of passenger motor vehicle equipment subject to this part shall establish, maintain, and retain in organized and indexed form, records as specified in this section. All records, including the certificates provided by suppliers, may be stored in any mode provided the mode contains all information in the records and certificates.

(b) Manufacturers. Each manufacturer shall maintain all records which provide a basis for the information it provides on the labels required by § 583.5, including, but not limited to, certificates from suppliers, parts lists, calculations of content, and relevant contracts with suppliers. The records shall be maintained for five years after December 31 of the model year to which the records relate.

(c) Suppliers. Each supplier shall maintain all records which form a basis for the information it provides on the certificates required by §§ 583.10, 583.11, and 583.12, including, but not limited to, calculations of content, certificates from suppliers, and relevant contracts with manufacturers and suppliers. The records shall be maintained for six years after December 31 of the calendar year set forth in the date of each certificate.

§ 583.17 Reporting.

For each model year, manufacturers shall submit to the Administrator 3 copies of the information required by § 583.5(a) to be placed on a label for each carline. The information for each carline shall be submitted not later than the date the first vehicle of the carline is offered for sale to the ultimate purchaser.

PART 585-AUTOMATIC RESTRAINT PHASE-IN REPORTING REQUIREMENTS

Sec.

585.1 Scope.

585.2 Purpose.

585.3 Applicability.

585.4 Definitions.

585.5 Reporting requirements.

585.6 Records.

585.7 Petition to extend period to file report.

AUTHORITY: 15 U.S.C. 1392, 1401, 1407; delegation of authority at 49 CFR 1.50.

§ 585.1 Scope.

This part establishes requirements for manufacturers of passenger cars to submit reports, and to maintain records related to the reports, concerning the number of cars equipped with inflatable restraint systems in compliance with the requirement of S4.1.5.2 of Standard No. 208, Occupant Crash Protection (49 CFR 571.208). This part also establishes requirements for manufacturers of trucks, buses, and multipurpose passenger vehicles with a gross vehicle weight rating (GVWR) of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less to submit reports, and to maintain records related to the reports, concerning the number of such vehicles equipped with automatic crash protection in compliance with the requirements of S4.2.5 of Standard No. 208 and the number of such vehicles equipped with inflatable restraint systems in compliance with the requirement of S4.2.6.1 of Standard No. 208.

[58 FR 46566, Sept. 2, 1993]

§ 585.2 Purpose.

The purpose of these reporting requirements is to aid the National Highway Traffic Safety Administration in determining whether a vehicle manufacturer has complied with the requirements of Standard No. 208, Occupant Crash Protection (49 CFR 571.208) to install automatic crash protection in specified percentages of the manufacturer's annual production and to install an inflatable restraint system that provides automatic crash protection in a specified percentage of the manufacturer's annual production.

[58 FR 46566, Sept. 2, 1993]

§ 585.3 Applicability.

This part applies to manufacturers of passenger cars and to manufacturers of trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less.

[58 FR 46566, Sept. 2, 1993]

§ 585.4 Definitions.

(a) All terms defined in section 102 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391) are used in their statutory meaning.

(b) Bus, gross vehicle weight rating or GVWR, multipurpose passenger vehicle, truck, and unloaded vehicle weight are used as defined in §571.3 of this chapter.

(c) Production year means the 12month period between September 1 of the prior year and August 31 of the year in question, inclusive.

[56 FR 12486, Mar. 26, 1991]

$585.5 Reporting requirements.

(a) General reporting requirementsPassenger cars. Within 60 days after the end of the production year ending August 31, 1997, each manufacturer that manufactured any passenger cars for sale in the United States shall submit a report to the National Highway Traffic Safety Administration concerning its compliance with the requirement of Standard No. 208 (49 CFR 571.208) for installation of inflatable restraint systems that provide automatic crash protection in 95 percent of its cars manufactured during that production year.

(b) General reporting requirements— Light trucks, buses, and multipurpose passenger vehicles-(1) Automatic crash protection. Within 60 days after the end of the production years ending August 31, 1995, August 31, 1996, and August 31 1997, each manufacturer that manufactured any trucks, buses, or multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less during the production year (other than walk-in van-type trucks, vehicles designed to be sold exclusively to the U.S. Postal Service, vehicles manufactured for operation by persons with disabilities, vehicles manufactured in two or more stages, or vehicles that were altered after previously having been certified in accordance with part 567 of this chapter) shall submit a report to the National Highway Traffic Safety Administration concerning its compliance with the requirements of Standard No. 208 (49 CFR 571.208) for installation of automatic crash protection in such vehicles manufactured during

that production year. This report need not be filed by any manufacturer whose production consists exclusively of:

(i) Vehicles manufactured in two or more stages;

(ii) Walk-in van-type trucks;

(iii) Vehicles designed to be sold exclusively to the U.S. Postal Service; (iv) Vehicles manufactured for operation by persons with disabilities; and/

(v) Vehicles that are altered after previously having been certified in accordance with part 567 of this chapter.

any

(2) Inflatable restraint system that provides automatic crash protection. Within 60 days after the end of the production year ending August 31, 1998, each manufacturer that manufactured trucks, buses, or multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less during the production year (other than walkin van-type trucks or vehicles designed to be sold exclusively to the U.S. Postal Service) shall submit a report to the National Highway Traffic Safety Administration concerning its compliance with the requirements of Standard No. 208 (49 CFR 571.208) for installation of inflatable restraint systems that provide automatic crash protection in 80 percent of such vehicles manufactured during that production year. This report need not be filed by any manufacturer whose production consists exclusively of:

(i) Walk-in van-type trucks; and/or (ii) Vehicles designed to be sold exclusively to the U.S. Postal Service.

(1) Identify the manufacturer;

(2) State the full name, address, and title of the official responsible for preparing the report:

(3) Identify the production year for which the report is filed;

(4) Provide the information specified in paragraph (d) of this section;

(5) Be written in the English language;

(6) Be submitted to: Administrator, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 20590; and

(7)(i) In the case of a report filed pursuant to paragraph (a) of this section, expressly state whether the manufacturer has complied with the requirement of S4.1.5.2 of Standard No. 208 (§ 571.208 of this chapter);

(ii) In the case of a report filed pursuant to paragraph (b)(1) of this section, expressly state whether the manufacturer has complied with the requirements of S4.2.5 of Standard No. 208 (§ 571.208 of this chapter); and

(iii) In the case of a report filed pursuant to paragraph (b)(2) of this section, expressly state whether the manufacturer has complied with the requirements of S4.2.6.1 of Standard No. 208 (§ 571.208 of this chapter).

(d) Report content―(1) Passenger cars. Each manufacturer that certifies that all of its passenger cars for the production year ending August 31, 1997 comply with S4.1.5.1(a)(1) of Standard No. 208 (49 CFR 571.208) by means of an inflatable restraint system at the driver's and right front passenger's position shall so state. Each other manufacturer shall submit the information specified below.

(i) Basis for phase-in production goals. Each manufacturer shall report the total number of passenger cars it manufactured for sale in the United States for the production year ending August 31, 1997.

cars

(ii) Production. Each manufacturer shall report the number of passenger manufactured for sale in the United States for the production year ending August 31, 1997 that it certified as complying with S4.1.5.1(a) of Standard No. 208 (§ 571.208 of this chapter) because they were equipped with an inflatable restraint system that provided automatic crash protection at both the driver's and the right front passenger's seating position.

(iii) Vehicles produced by more than one manufacturer. Each manufacturer whose reporting of information is affected by one or more of the express written contracts permitted by S4.1.5.2.2 of §571.208 of this chapter shall:

(A) Report the existence of each such contract, including the names of all parties to the contract, and explain how the contract affects the report being filed; and

(B) Report the number of cars covered by each such contract.

(2) Trucks, buses, and multipurpose passenger vehicles. Each manufacturer that certifies that all of its trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less, manufactured during the production year ending August 31, 1998 comply with S4.1.2.1 of Standard No. 208 (49 CFR 571.208) by means of an inflatable restraint system at the driver's and right front passenger's position shall so state. Each other manufacturer shall submit the information specified below.

(i) Automatic crash protection—(A) Basis for phase-in production goals. Each manufacturer shall report the number of trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less that it manufactured for sale in the United States for each of the three preceding production years, or, at the manufacturer's option, for the production year for which the report is filed. A manufacturer that did not manufacture any trucks, buses, or multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less during each of the three preceding production years must must report the number of trucks, buses, or multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less it manufactured during the production year for which the report is filed. However, manufacturers are not required to report any information with respect to those vehicles that are manufactured in two or more stages, walk-in vantype trucks, vehicles designed to be sold exclusively to the U.S. Postal Service, vehicles manufactured for operation by persons with disabilities, and/or vehicles that are altered after previously having been certified in accordance with part 567 of this chapter. (B) Production. Each manufacturer shall report for the production year for which the report is filed, and for each

preceding production year, to the extent that trucks, buses, and multipurpose passenger vehicles produced during the preceding production years are treated under §571.208 of this chapter as having been produced during the production period for which the report is filed, the information specified in paragraphs (d)(2)(i)(B)(1) through (d)(2)(i)(B)(3) of this section, inclusive, with respect to its trucks, buses, and multipurpose vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less.

(1) The number of those vehicles certified as complying with S4.1.2.1 of Standard No. 208 (49 CFR 571.208) because they are equipped with automatic seat belts and the seating positions at which those belts are installed;

(2) The number of those vehicles certified as complying with S4.1.2.1 of Standard No. 208 (49 CFR 571.208) because they are equipped with air bags and the seating positions at which those air bags are installed; and

(3) The number of those vehicles certified as complying with S4.1.2.1 of Standard No. 208 (49 CFR 571.208) because they are equipped with other forms of automatic crash protection, which forms of automatic crash protection shall be described, and the seating positions at which those forms of automatic crash protection are installed.

(C) Vehicles produced by more than one manufacturer. Each manufacturer whose reporting of information is affected by one or more of the express written contracts permitted by S4.2.5.6.2 of § 571.208 of this chapter shall:

(1) Report the existence of each such contract, including the names of all parties to the contract, and explain how the contract affects the report being filed; and

(2) Report the number of vehicles covered by each such contract.

(ii) Inflatable restraint system that provides automatic crash protection—(A) Basis for phase-in production goals. Each manufacturer shall report the total number of trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less that it manufactured for sale in the United States for the production year

ending August 31, 1998. However, manufacturers are not required to report any information with respect to those vehicles that are walk-in van-type trucks or vehicles designed to be sold exclusively to the U.S. Postal Service.

(B) Production. Each manufacturer shall report the number of trucks, buses, and multipurpose passenger vehicles with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds that it manufactured for sale in the United States for the production year ending August 31, 1998 that it certified as complying with S4.1.5.1(a) of Standard No. 208 (§ 571.208 of this chapter) because they were equipped with an inflatable restraint system that provided automatic crash protection.

(1) Report the existence of each such contract, including the names of all parties to the contract, and explain how the contract affects the report being filed; and

(2) Report the number of vehicles covered by each such contract.

[58 FR 46566, Sept. 2, 1993]

§ 585.6 Records.

Each manufacturer shall maintain records of the vehicle identification number and type of automatic crash protection for each vehicle for which information was reported under § 585.5 until December 31, 1999.

[58 FR 46568, Sept. 2, 1993]

§ 585.7 Petition to extend period to file report.

A petition for extension of the time to submit a report must be received not later than 15 days before expiration of the time stated in §585.5(a). The petition must be submitted to: Administrator, National Highway Traffic Safety Administration, 400 Seventh Street, SW, Washington, DC 20590. The filing of

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