Interpretation ID: nht95-7.28

TYPE: INTERPRETATION-NHTSA

DATE: October 20, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Lawrence A. Beyer -- Attorney at Law

TITLE: NONE

ATTACHMT: ATTACHED TO 8/28/95 LETTER FROM LAWRENCE A. BEYER TO NHTSA ADMINISTRATOR (OCC 11160)

TEXT: Dear Mr. Beyer:

This responds to your August 28, 1995, "Petition for Exemption for Inconsequential Defect or Noncompliance". You state that "the noncompliance relates to" 49 CFR Part 592.

The effect of an inconsequentiality determination is to relieve a manufacturer of its obligation to notify and remedy when a noncompliance with a Federal motor vehicle safety standard or a safety related defect is determined to exist. The failures you attributed to your client as a registered importer under part 592 do not encompass a failure to bring vehicles into compliance with the Federal motor vehicle safety standards, or the existence of a safety related defect in vehicles that it has imported. Therefore, there is no legal basis for your "petition". Please read 49 U.S.C. 30118 and 30120, and 49 CFR Part 556.

The proper forum for your arguments is in response to any penalty the agency may propose to impose on your client for its failure to meet the requirements of Part 592.

If you have any questions, you may call Taylor Vinson (202-366-5263).