Nissan North America, Incorporated, Receipt of Petition for Decision of Inconsequential Noncompliance, 40546-40548 [2013-16136]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES 40546 Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Notices Federal agencies have taken final actions by issuing licenses, permits and approvals for the following highway project in the State of Georgia: The I–75 Express lanes project consists of constructing managed lanes from the SR 155 (Zack Hinton Parkway, South) interchange in Henry County north to the SR 138 (Stockbridge Highway) interchange located in metropolitan Atlanta, Georgia. The Selected Alternative will construct managed lanes in Henry County at the I–75 Bridge over SR 155 and terminate in Clayton County approximately 600 feet south of the I–75 southbound on-ramp from SR 139 and at SR 139 on I–675. From SR 155 to approximately one mile south of Mt. Carmel Road, a single reversible lane will be constructed. The single lane will then transition to two reversible lanes, which will continue to the northern terminus of the facility. Intelligent Transportation System infrastructure will be constructed to support the usage of the managed lanes. The facility will include improvements of approximately 17.94 miles on I–75. Congestion on this facility will be managed by electronic toll lane (ETL). The purpose of the project is listed below: • Consistency with regional transportation planning initiatives. • Provide reliable trip times and mobility • Improve travel choices • Expedite project delivery through the use of tolling for financing (construction financing implications) • Reduce congestion accommodate regional growth and accessibility The actions by the Federal agencies and the laws under which such actions were taken are described in the Draft Environmental Assessment (DEA), Final Environmental Assessment (EA) and in the FHWA Finding of No Significant Impact (FONSI) approved on March 12, 2013 and June 28, 2013 respectively, and in other documents in the FHWA project records. The DEA, FEA/FONSI and other project records are available by contacting FHWA or the Georgia Department of Transportation at the addresses listed above. The FHWA EA/ FONSI, can be reviewed and downloaded from the project Web site at http://www.I75Express.com or at the following offices: GDOT District 3 Area Office, 115 Transportation Boulevard, Thomaston, Georgia 30286; GDOT District 7 Office, 5025 New Peachtree Road, Chamblee, Georgia 30341; McDonough Public Library, 1001 Florence McGarity Boulevard, McDonough, Georgia 30252; Cochran Public Library, 174 Birch Street, VerDate Mar<15>2010 17:06 Jul 03, 2013 Jkt 229001 Stockbridge, Georgia 30281 and Clayton County Library System, Morrow Branch, 6225 Maddox Road, Morrow, Georgia 30260. Paper copies are available on request by contacting Loren Bartlett, Georgia Department of Transportation, 600 West Peachtree Street, 22nd Floor, Atlanta, Georgia, 30308, Telephone: (404) 631–1642, Email: lbartlett@dot.ga.gov. A final decision regarding a Section 404 permit for this project has not yet been made. This notice, therefore, does not apply to the Section 404 permitting process for this project. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4351]; Federal-Aid Highway Act [23 U.S.C. 109] and [23 U.S.C. 128]; 2. Air: Clean Air Act, [42 U.S.C. 7401– 7671(q)]; 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]; 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544]; Migratory Bird Treaty Act [16 U.S.C. 703–712]; 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470f]; 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]; 7. Water Resources: Safe Drinking Water Act [42 U.S.C. 300f et seq.]; Flood Disaster Protection Act [42 U.S.C. 4001– 12]. 8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1), as amended by Moving Ahead for Progress in the 21st Century Act (MAP–21), Pub. L. 112–141, § 1308, 126 Stat. 405 (2012). PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 Issued on: June 28, 2013. Rodney Barry, Division Administrator, Atlanta, Georgia. [FR Doc. 2013–16112 Filed 7–3–13; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2012–0142; Notice 1] Nissan North America, Incorporated, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Receipt of Petition. AGENCY: Nissan North America, Inc. (Nissan) 1 has determined that certain model year (MY) 2009 through 2012 Nissan Titan trucks manufactured from January 31, 2008 to July 17, 2012 and MY 2012 Nissan NV trucks, buses or multipurpose passenger vehicles (MPVs) manufactured from December 20, 2010 to July 17, 2012, do not fully comply with paragraph S3.1.4.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 102, Transmission Shift Position Sequence, Starter Interlock, and Transmission Braking Effect. Nissan has filed an appropriate report dated July 23, 2012, pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR Part 556), Nissan submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Nissan’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. Vehicles Involved: Affected are approximately 45,167 MY 2009 through 2012 Nissan Titan trucks manufactured from January 31, 2008 to July 17, 2012 and MY 2012 Nissan NV trucks, buses or MPVs manufactured from December 20, 2010 to July 17, 2012 equipped with steering column-mounted transmission shift levers with a manual mode. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to SUMMARY: 1 Nissan North America, Inc. is a manufacturer of motor vehicles and is registered under the laws of the state of Delaware. E:\FR\FM\05JYN1.SGM 05JYN1 Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Notices file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, these provisions only apply to the subject 45,167 2 vehicles that Nissan no longer controlled at the time it determined that the noncompliance existed. Rule Text: Paragraph S3.1.4.1 of FMVSS No. 102 requires in pertinent part: S3.1.4.1 Except as specified in S3.1.4.3, if the transmission shift position sequence includes a park position, identification of shift positions, including the positions in relation to each other and the position selected, shall be displayed in view of the driver whenever any of the following conditions exist: (a) The ignition is in a position where the transmission can be shifted; or (b) The transmission is not in park. tkelley on DSK3SPTVN1PROD with NOTICES Summary of Nissan’s Analyses: Nissan explains that the noncompliance is that on the affected vehicles a unique sequence of actions can lead the shift position indicator to incorrectly display the shift position as required by paragraph S3.1.4.1 of FMVSS No. 102. Nissan further explains that the noncompliance occurs when the following sequences are accomplished: (1) The transmission is shifted into ‘‘manual’’ shift mode by pressing the ‘‘manual’’ shift mode button; and (2) The ignition is switched from the ‘‘ON’’ position directly into ‘‘ACC’’ position, which shuts off the engine. During the time in which the ignition is in the ‘‘ACC’’ mode, the gear position indicator displays the last ‘‘manual’’ gear position of the transmission ([l]M through [4]M) prior to the ‘‘ACC’’ mode. If the key is not rotated from the ‘‘ACC’’ position and the shift lever is moved, the last ‘‘manual’’ gear position will be displayed regardless of the shift lever position (the engine will not be running). Turning the ignition to either the ‘‘ON’’ or ‘‘OFF’’ positions will reset the indicator, at which point the correct position will be displayed. This issue only occurs when the ignition is switched from ‘‘ON’’ into 2 Nissan’s petition, which was filed under 49 CFR Part 556, requests an agency decision to exempt Nissan as a motor vehicle manufacturer from the notification and recall responsibilities of 49 CFR Part 573 for the affected motor vehicles. However, a decision on this petition cannot relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, introduction or delivery for introduction into interstate commerce of the noncompliant motor vehicles under their control after Nissan notified them that the subject noncompliance existed. VerDate Mar<15>2010 17:06 Jul 03, 2013 Jkt 229001 ‘‘ACC’’ mode and the engine is off. Further, the vehicle cannot be restarted unless the ignition is switched out of ‘‘ACC’’ at which point the shift position indicator would reset and show the correct position. Likewise, if the ignition is turned to the ‘‘OFF’’ position to turn the vehicle completely off, the position indicator resets itself and will display the correct shift position the next time the vehicle is started. Nissan believes the noncompliance is inconsequential to motor vehicle safety for the following reasons: 1. The vehicle cannot be operated in the noncompliant condition. The noncompliant condition only exists when the vehicle ignition is switched from the ‘‘ON’’ directly into the ‘‘ACC’’ mode and exists only for the time that the ignition remains in ‘‘ACC’’ mode. The engine is not running at this time. If the transmission is shifted into park while in ‘‘ACC’’ mode, it cannot be removed from park unless the ignition is switched to the ‘‘ON’’ position. If the ignition is switched to either the ‘‘ON’’ position (to start the vehicle), or the ‘‘OFF’’ position (to remove the key and exit the vehicle) the shift indicator resets to the correct position and the vehicle is no longer in the noncompliant condition. 2. The sequence of events that leads to the noncompliant condition is exceptionally rare. This sequence, stated in the description of the noncompliance, is not one that a driver should encounter in the typical operation of the vehicle. If a driver were to happen into this circumstance, the condition is so fleeting that the vehicle would likely be taken out of the noncompliant condition almost immediately. This is evidenced by the fact that some of the affected vehicles have been on the road for four years and Nissan has not received any customer complaints or warranty claims regarding the issue. 3. The likelihood of an affected vehicle being inadvertently left out of park is nearly impossible in this case. When the noncompliant condition occurs, the shift indicator states, incorrectly, that the vehicle is in a ‘‘manual’’ forward gear regardless of the actual shifter position. Due to the geometry of the shifter, the park position should be apparent to the driver even without the assistance of the shift indicator. 4. Furthermore, since the owner cannot remove the mechanical key from the ignition while the transmission is in any position except for park due to the transmission shift interlock, it is unlikely that a vehicle would be left unattended in the noncompliant PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 40547 condition. Given this, the driver will either exit the vehicle without the key or the driver will remain in the vehicle. If the driver attempts to leave the vehicle without the key, an audible warning (as required by FMVSS No. 114) will sound, alerting the driver that the key is in the ignition. This should reduce the possibility of the operator leaving the vehicle. If the driver remains in the vehicle, he or she will attempt to restart the vehicle. An attempt to restart will take the ignition from the ‘‘ACC’’ position to the ON position and the indicator will reset to the correct position. 5. As NHTSA recognized in proposing FMVSS No. 102 (see 49 FR 32409– 32411, August 25, 1988,) the purpose of the display requirement for PRNDM information is to ‘‘provide the driver with transmission position information for the vehicle conditions where such information can reduce the likelihood of shifting errors.’’ Thus, the primary function of the transmission display is to inform the driver of gear selection and relative position of the gears while the engine is running. Except for the absence of the required transmission shift position during the one circumstance described above, which occurs when the engine is not running, all of the 45,167 affected vehicles otherwise comply with paragraph S3.1.4.1 of FMVSS No. 102. Nissan also stated its belief that in similar situations, NHTSA has granted the applications of other petitioners. Nissan has additionally informed NHTSA that it has corrected the noncompliance so that all future production vehicles will comply with FMVSS No. 102. In summation, Nissan believes that the described noncompliance of its vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted. Comments: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods: a. By mail addressed to: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. b. By hand delivery to U.S. Department of Transportation, Docket E:\FR\FM\05JYN1.SGM 05JYN1 40548 Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Notices Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal holidays. c. Electronically: by logging onto the Federal Docket Management System (FDMS) Web site at http:// www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to 1–202– 493–2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, selfaddressed postcard with the comments. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at http://www.regulations.gov by following the online instructions for accessing the dockets. DOT’s complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000, (65 FR 19477–78). The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. Comment Closing Date: August 5, 2013. tkelley on DSK3SPTVN1PROD with NOTICES Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8. Issued on: June 25, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–16136 Filed 7–3–13; 8:45 am] BILLING CODE 4910–59–P VerDate Mar<15>2010 17:06 Jul 03, 2013 Jkt 229001 DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request July 1, 2013. The Department of the Treasury will submit the following information collection requests as revisions to currently approved collections to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104– 13, on or after the date of publication of this notice. DATES: Comments should be received on or before August 5, 2013 to be assured of consideration. ADDRESSES: Send comments regarding the burden estimate, or any other aspect of the information collection, including suggestion for reducing the burden, to (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Treasury, New Executive Office Building, Room 10235, Washington, DC 20503, or email at OIRA_Submission@OMB.EOP.GOV and (2) Treasury PRA Clearance Officer, 1750 Pennsylvania Ave. NW., Suite 8140, Washington, DC 20220, or email at PRA@treasury.gov. FOR FURTHER INFORMATION CONTACT: Copies of the submission(s) may be obtained by calling (202) 927–5331, email at PRA@treasury.gov, or the entire information collection request may be found at www.reginfo.gov. Office of International Affairs (1) OMB Number: 1505–0016. Title: Report of Customers’ U.S. Dollar Claims on Foreign Residents. Form: TIC Form BQ–1. Estimated Annual Burden Hours: 1,214. (2) OMB Number: 1505–0017. Title: Report of U.S. Dollar Claims of Financial Institutions on Foreign Residents. Form: TIC Form BC. Estimated Annual Burden Hours: 47,847. (3) OMB Number: 1505–0018. Title: Report of Customers’ U.S. Dollar Liabilities to Foreign Residents. Form: TIC Form BL–2. Estimated Annual Burden Hours: 8,456. (4) OMB Number: 1505–0019. Title: Report of U.S. Dollar Liabilities of Financial Institutions to Foreign Residents. Form: TIC Form BL–1. Estimated Annual Burden Hours: 34,042. (5) OMB Number: 1505–0020. PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 Title: Form BQ–2: Part 1—Report of Foreign Currency Liabilities and Claims of Financial Institutions and of Their Domestic Customers’ Foreign Currency Claims with Foreign Residents; Part 2— Report of Customers’ Foreign Currency Liabilities to Foreign Residents. Form: TIC Form BQ–2. Estimated Annual Burden Hours: 5,437. (6) OMB Number: 1505–0189. Title: Report of Maturities of Selected Liabilities and Claims of Financial Institutions with Foreign Residents. Form: TIC Form BQ–3. Estimated Annual Burden Hours: 4,914. Abstract: Forms BC, BL–1, BL–2, BQ– 1, BQ–2, and BQ–3 are part of the Treasury International Capital (TIC) reporting system, which is required by law (22 U.S.C. 286f; 22 U.S.C. 3103; E.O. 10033; 31 CFR part 128) and are designed to collect timely information on international portfolio capital movements. These forms are filed by all U.S.-resident banks, other depository institutions, brokers and dealers, and Bank Holding Companies/Financial Holding Companies (BHC/FHC). On the monthly forms, these organizations report their own claims on (BC), their own liabilities to (BL–1), and their U.S. customers’ liabilities to (BL–2) foreign residents, denominated in U.S. dollars. On the quarterly forms, these organizations report their U.S.-resident customers’ U.S. dollar claims on foreign residents (BQ–1), and their own and their domestic customers’ claims and liabilities with foreign residents, where all claims and liabilities are denominated in foreign currencies (BQ– 2). On the quarterly BQ–3 form, these organizations report the remaining maturities of all their own U.S. dollar and foreign currency liabilities (excluding securities) to foreign residents. This information is necessary for compiling the U.S. balance of payments accounts and the U.S. international investment position, and for use in formulating U.S. international financial and monetary policies. Affected public: Private Sector: Businesses or other for-profits. (7) OMB Number: 1505–0024. Title: Report of Financial Liabilities to, and Financial Claims on, Unaffiliated Foreign-Residents (CQ–1) and Report of Commercial Liabilities to, and Commercial Claims on, Unaffiliated Foreign-Residents (CQ–2). Form: TIC Forms CQ–1 and CQ–2. Abstract: Forms CQ–1 and CQ–2 are required by law to collect timely information on international portfolio capital movements, in particular data on financial and commercial liabilities to, E:\FR\FM\05JYN1.SGM 05JYN1

Agencies

[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Pages 40546-40548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16136]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0142; Notice 1]


Nissan North America, Incorporated, Receipt of Petition for 
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition.

-----------------------------------------------------------------------

SUMMARY: Nissan North America, Inc. (Nissan) \1\ has determined that 
certain model year (MY) 2009 through 2012 Nissan Titan trucks 
manufactured from January 31, 2008 to July 17, 2012 and MY 2012 Nissan 
NV trucks, buses or multipurpose passenger vehicles (MPVs) manufactured 
from December 20, 2010 to July 17, 2012, do not fully comply with 
paragraph S3.1.4.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 
102, Transmission Shift Position Sequence, Starter Interlock, and 
Transmission Braking Effect. Nissan has filed an appropriate report 
dated July 23, 2012, pursuant to 49 CFR Part 573, Defect and 
Noncompliance Responsibility and Reports.
---------------------------------------------------------------------------

    \1\ Nissan North America, Inc. is a manufacturer of motor 
vehicles and is registered under the laws of the state of Delaware.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR Part 556), Nissan submitted a petition for an exemption from 
the notification and remedy requirements of 49 U.S.C. Chapter 301 on 
the basis that this noncompliance is inconsequential to motor vehicle 
safety.
    This notice of receipt of Nissan's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    Vehicles Involved: Affected are approximately 45,167 MY 2009 
through 2012 Nissan Titan trucks manufactured from January 31, 2008 to 
July 17, 2012 and MY 2012 Nissan NV trucks, buses or MPVs manufactured 
from December 20, 2010 to July 17, 2012 equipped with steering column-
mounted transmission shift levers with a manual mode.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to

[[Page 40547]]

file petitions for a determination of inconsequentiality allow NHTSA to 
exempt manufacturers only from the duties found in sections 30118 and 
30120, respectively, to notify owners, purchasers, and dealers of a 
defect or noncompliance and to remedy the defect or noncompliance. 
Therefore, these provisions only apply to the subject 45,167 \2\ 
vehicles that Nissan no longer controlled at the time it determined 
that the noncompliance existed.
---------------------------------------------------------------------------

    \2\ Nissan's petition, which was filed under 49 CFR Part 556, 
requests an agency decision to exempt Nissan as a motor vehicle 
manufacturer from the notification and recall responsibilities of 49 
CFR Part 573 for the affected motor vehicles. However, a decision on 
this petition cannot relieve vehicle distributors and dealers of the 
prohibitions on the sale, offer for sale, introduction or delivery 
for introduction into interstate commerce of the noncompliant motor 
vehicles under their control after Nissan notified them that the 
subject noncompliance existed.
---------------------------------------------------------------------------

    Rule Text: Paragraph S3.1.4.1 of FMVSS No. 102 requires in 
pertinent part:

    S3.1.4.1 Except as specified in S3.1.4.3, if the transmission 
shift position sequence includes a park position, identification of 
shift positions, including the positions in relation to each other 
and the position selected, shall be displayed in view of the driver 
whenever any of the following conditions exist:
    (a) The ignition is in a position where the transmission can be 
shifted; or
    (b) The transmission is not in park.

    Summary of Nissan's Analyses: Nissan explains that the 
noncompliance is that on the affected vehicles a unique sequence of 
actions can lead the shift position indicator to incorrectly display 
the shift position as required by paragraph S3.1.4.1 of FMVSS No. 102.
    Nissan further explains that the noncompliance occurs when the 
following sequences are accomplished:
    (1) The transmission is shifted into ``manual'' shift mode by 
pressing the ``manual'' shift mode button; and
    (2) The ignition is switched from the ``ON'' position directly into 
``ACC'' position, which shuts off the engine.
    During the time in which the ignition is in the ``ACC'' mode, the 
gear position indicator displays the last ``manual'' gear position of 
the transmission ([l]\M\ through [4]\M\) prior to the ``ACC'' mode. If 
the key is not rotated from the ``ACC'' position and the shift lever is 
moved, the last ``manual'' gear position will be displayed regardless 
of the shift lever position (the engine will not be running). Turning 
the ignition to either the ``ON'' or ``OFF'' positions will reset the 
indicator, at which point the correct position will be displayed.
    This issue only occurs when the ignition is switched from ``ON'' 
into ``ACC'' mode and the engine is off. Further, the vehicle cannot be 
restarted unless the ignition is switched out of ``ACC'' at which point 
the shift position indicator would reset and show the correct position. 
Likewise, if the ignition is turned to the ``OFF'' position to turn the 
vehicle completely off, the position indicator resets itself and will 
display the correct shift position the next time the vehicle is 
started.
    Nissan believes the noncompliance is inconsequential to motor 
vehicle safety for the following reasons:
    1. The vehicle cannot be operated in the noncompliant condition. 
The noncompliant condition only exists when the vehicle ignition is 
switched from the ``ON'' directly into the ``ACC'' mode and exists only 
for the time that the ignition remains in ``ACC'' mode. The engine is 
not running at this time. If the transmission is shifted into park 
while in ``ACC'' mode, it cannot be removed from park unless the 
ignition is switched to the ``ON'' position. If the ignition is 
switched to either the ``ON'' position (to start the vehicle), or the 
``OFF'' position (to remove the key and exit the vehicle) the shift 
indicator resets to the correct position and the vehicle is no longer 
in the noncompliant condition.
    2. The sequence of events that leads to the noncompliant condition 
is exceptionally rare. This sequence, stated in the description of the 
noncompliance, is not one that a driver should encounter in the typical 
operation of the vehicle. If a driver were to happen into this 
circumstance, the condition is so fleeting that the vehicle would 
likely be taken out of the noncompliant condition almost immediately. 
This is evidenced by the fact that some of the affected vehicles have 
been on the road for four years and Nissan has not received any 
customer complaints or warranty claims regarding the issue.
    3. The likelihood of an affected vehicle being inadvertently left 
out of park is nearly impossible in this case. When the noncompliant 
condition occurs, the shift indicator states, incorrectly, that the 
vehicle is in a ``manual'' forward gear regardless of the actual 
shifter position. Due to the geometry of the shifter, the park position 
should be apparent to the driver even without the assistance of the 
shift indicator.
    4. Furthermore, since the owner cannot remove the mechanical key 
from the ignition while the transmission is in any position except for 
park due to the transmission shift interlock, it is unlikely that a 
vehicle would be left unattended in the noncompliant condition. Given 
this, the driver will either exit the vehicle without the key or the 
driver will remain in the vehicle.
    If the driver attempts to leave the vehicle without the key, an 
audible warning (as required by FMVSS No. 114) will sound, alerting the 
driver that the key is in the ignition. This should reduce the 
possibility of the operator leaving the vehicle.
    If the driver remains in the vehicle, he or she will attempt to 
restart the vehicle. An attempt to restart will take the ignition from 
the ``ACC'' position to the ON position and the indicator will reset to 
the correct position.
    5. As NHTSA recognized in proposing FMVSS No. 102 (see 49 FR 32409-
32411, August 25, 1988,) the purpose of the display requirement for 
PRNDM information is to ``provide the driver with transmission position 
information for the vehicle conditions where such information can 
reduce the likelihood of shifting errors.'' Thus, the primary function 
of the transmission display is to inform the driver of gear selection 
and relative position of the gears while the engine is running. Except 
for the absence of the required transmission shift position during the 
one circumstance described above, which occurs when the engine is not 
running, all of the 45,167 affected vehicles otherwise comply with 
paragraph S3.1.4.1 of FMVSS No. 102.
    Nissan also stated its belief that in similar situations, NHTSA has 
granted the applications of other petitioners.
    Nissan has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production vehicles will comply with 
FMVSS No. 102.
    In summation, Nissan believes that the described noncompliance of 
its vehicles is inconsequential to motor vehicle safety, and that its 
petition, to exempt from providing recall notification of noncompliance 
as required by 49 U.S.C. 30118 and remedying the recall noncompliance 
as required by 49 U.S.C. 30120 should be granted.
    Comments: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket

[[Page 40548]]

Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal holidays.
    c. Electronically: by logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment Closing Date: August 5, 2013.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8.

    Issued on: June 25, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-16136 Filed 7-3-13; 8:45 am]
BILLING CODE 4910-59-P