Interpretation ID: GF005156

Jack Sheehan, Managing Director
Adaptive Driving Alliance
4218 W. Electra Lane
Glendale, AZ 85310

Dear Mr. Sheehan:

This responds to your March 15, 2005, letter asking whether this agency would permit voluntary compliance with the requirements of a recently published final rule before the stated effective date.

On February 14, 2005, the National Highway Traffic Safety Administration (NHTSA) issued a final rule establishing a new process under which intermediate and final-stage manufacturers and alterers could obtain temporary exemptions from dynamic performance requirements (see 70 FR 7414). The final rule also amended the pass-through certification provisions. The preamble to the final rule states that the effective date for the amendments is September 1, 2006.

First, notwithstanding the effective date, the agency will accept temporary exemption petitions submitted before the September 1, 2006, because, in certain circumstances, this will enable the agency to consider the exemptions in an expeditious manner. We note, however, that the agencys review process will not be limited to 120 days (as indicated in 555.14) until the September 1, 2006, effective date. We further note that because a good faith effort to comply with applicable requirements is a prerequisite for a temporary exemption petition, the agency will not consider a petition unless it demonstrates that the petitioner has made reasonable efforts to comply with the applicable dynamic performance requirements (see 49 CFR Part 555.13(b)).

Second, parties affected by the February 14, 2005, final rule are not prohibited from voluntarily complying with the amended certification and documentation requirements in Parts 567 and 568 before the September 1, 2006, effective date.

Finally, we will address the application and the effective date of the new section 571.8(b) when we respond to the petitions for reconsideration of the February 14, 2005 document.

If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

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