Nissan North America, Inc.; Grant of Petition for Decision of Inconsequential Noncompliance, 23889 [E7-8202]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 72, Number 83 (Tuesday, May 1, 2007)]
[Notices]
[Page 23889]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8202]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2007-27073; Notice 2]


Nissan North America, Inc.; Grant of Petition for Decision of 
Inconsequential Noncompliance

    Nissan North America, Inc. (Nissan) has determined that certain 
rims on certain vehicles that it produced in 2000 through 2005 do not 
comply with paragraphs S5.2(a) and S5.2(c) of 49 CFR 571.120, Federal 
Motor Vehicle Safety Standard (FMVSS) No. 120, Tire Selection and Rims 
for Motor Vehicles Other Than Passenger Cars. Pursuant to 49 U.S.C. 
30118(d) and 30120(h), Nissan has petitioned for a determination that 
this noncompliance is inconsequential to motor vehicle safety and has 
filed an appropriate report pursuant to 49 CFR part 573, ``Defect and 
Noncompliance Responsibility and Reports.'' Notice of receipt of a 
petition was published, with a 30-day public comment period, on 
February 16, 2007, in the Federal Register (72 FR 7709). The National 
Highway Traffic Safety Administration (NHTSA) received no comments. To 
view the petition and all supporting documents and comments submitted, 
go to: https://dms.dot.gov/search/searchFormSimple.cfm and enter Docket 
No. NHTSA-2007-27073.
    Affected are a total of approximately 5,000 optional dealer 
accessory wheels that have been sold and have been installed on 
approximately 1,250 model year 2000 through 2005 Nissan Xterra 
multipurpose passenger vehicles and Frontier pickup trucks. 
Specifically, paragraph S5.2 of FMVSS No. 120, rim marking, requires 
that each rim be marked with certain information on the weather side, 
including:

    S5.2(a) requiring a one-letter designation which indicates the 
source of the rim's published nominal dimensions, and S5.2(c) 
requiring the symbol DOT.

    The rims installed on the affected vehicles do not contain the 
markings required by paragraphs S5.2(a) or S5.2(c). Nissan has 
corrected the problem that caused these errors so that they will not be 
repeated in future production.
    Nissan believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Nissan 
states that the affected rims are 16 x 7 aluminum 
alloy, which are commonly available and utilized in the United States. 
They are a correct specification for mounting 16 original 
equipment tires specified for Xterra and Frontier models, and are 
capable of carrying the gross vehicle weight rating (GVWR) of the 
vehicle. Nissan first became aware of the noncompliance of these 
vehicles during a regulatory compliance review that Nissan conducted 
during March 2006.
    Nissan states that no accidents or injuries have occurred, and no 
customer complaints have been received related to the lack of the 
markings or any problem that may have resulted from the lack of the 
markings. Nissan further states that the missing markings do not affect 
the performance of the wheels or the tire and wheel assemblies.
    The rims are marked in compliance with paragraphs S5.2(b), rim size 
designation; S5.2(d), manufacturer identification; and S5.2(e) month, 
day and year or month and year of manufacture. The rims are also marked 
with a 4030S RSD20-10/20 part number.
    The tire size is marked on the tire sidewalls, and the owner's 
manual and tire inflation pressure placard contain the appropriate tire 
size to be installed on the original equipment rims. Therefore, Nissan 
does not believe there is a possibility of a tire and rim mismatch as a 
result of the missing rim markings. All other requirements under FMVSS 
No. 120 are met.
    NHTSA agrees that the noncompliance is inconsequential to motor 
vehicle safety. The rims are marked in compliance with paragraphs 
S5.2(b) rim size designation; S5.2(d) manufacturer identification; and 
S5.2(e) month, day and year or month and year of manufacture. The rims 
are also marked with a part number. The tire size is marked on the tire 
sidewalls, and the owner's manual and tire inflation pressure placard 
contain the appropriate tire size to be installed on the original 
equipment rims. Therefore, there is little likelihood of a tire and rim 
mismatch as a result of the missing rim markings. With regard to the 
omission of the DOT symbol, the agency regards the noncompliance with 
paragraph S5.2(c) as a failure to comply with the certification 
requirements of 49 U.S.C. 30115, and not a compliance failure requiring 
notification and remedy.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Nissan's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliance.

    Authority: 49 U.S.C. 30118, 30120; delegations of authority at 
49 CFR 1.50 and 501.8.

    Issued on: April 24, 2007.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E7-8202 Filed 4-30-07; 8:45 am]
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