Notice of Intent To Open a Coordinated Remedy Program Proceeding for the Replacement of Certain Takata Air Bag Inflators, 29791-29792 [2015-12449]

Download as PDF asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices select ‘‘by Campaign ID Number’’; (2) click ‘‘Go’’; (3) select the box for ‘‘Recalls’’; (3) enter the recall number; and (4) click ‘‘GO.’’ SUPPLEMENTARY INFORMATION: NHTSA has substantial concerns about the significant safety hazards posed to consumers in connection with Fiat Chrysler’s administration and execution of its recalls. Pursuant to 49 U.S.C. 30118(e) and 30120(e), and 49 CFR 557.6(d) and 557.7, NHTSA has decided to hold a public hearing on whether Fiat Chrysler has reasonably met its obligations under the National Traffic and Motor Vehicle Safety Act, as amended (Safety Act), to remedy recalled vehicles and to provide notifications regarding its recalls. The public hearing may address recalls including NHTSA Recall Nos. 13V–038, 13V–252, 13V–527, 13V–528, 13V–529, 14V–373, 14V–391, 14V–438, 14V–567, 14V–634, 14V–749, 14V–795, 14V–796, 14V–817, 15V–041, 15V–046, 15V–090, 15V–114, 15V–115, and 15V– 178. The recall campaigns are to address the following: 1. Loosening of the rear axle pinion nut causing loss of vehicle control (13V–038); 2. Rear fuel tank structure’s risk of failure (13V–252); 3. Failure of the left tie rod assembly resulting in loss of steering control (13V–527); 4. Failure of the left tie rod assembly resulting in loss of steering control (13V–528); 5. Failure of the left tie rod assembly resulting in loss of steering control (13V–529); 6. Inadvertent ignition switch movement turning off the engine (14V– 373); 7. Vanity lamp wiring shortages resulting in fire (14V–391); 8. Inadvertent ignition switch movement turning off the engine (14V– 438); 9. Inadvertent ignition switch movement turning off the engine (14V– 567); 10. Sudden failure of the alternator (14V–634); 11. Inoperative instrument cluster causing vehicle failure (14V–749); 12. Broken springs in the clutch ignition interlock switch (14V–795); 13. Loosening of the rear axle pinion nut causing loss of vehicle control (14V–796); 14. Potential air bag inflator rupture with metal fragments causing serious injury (14V–817); 15. Unintended air bag deployment during vehicle operation (15V–041); 16. Unintended air bag deployment during vehicle operation (15V–046); VerDate Sep<11>2014 18:19 May 21, 2015 Jkt 235001 17. Contaminated, dislodged or broken parking pawl or park rod (15V– 090); 18. Fuel leak near an ignition source (15V–114); 19. Fuel pump relay causing a vehicle to stall without warning (15V–115); and, 20. Driver and passenger side door latch failure (15V–178). Based on information presented at the public hearing and other available information, NHTSA may issue an order that could include a finding that Fiat Chrysler failed to carry out its recall requirements under the Safety Act and requiring Fiat Chrysler to take specific actions to comply with the law. Any interested person may make written and/or oral presentations of information, views, and arguments on whether Fiat Chrysler has reasonably met the remedy and/or notification requirements. There will be no crossexamination of witnesses. 49 CFR 557.7. NHTSA will consider the views of participants in deciding whether Fiat Chrysler has reasonably met the notification and/or remedy requirements under 49 U.S.C. 30118 and 30120, and in developing the terms of an order (if any) requiring Fiat Chrysler to take specified action as the remedy for the recalls and/or take other action. 49 U.S.C. 30118(e), 30120(e); 49 CFR 557.8. Procedural Matters: Interested persons may participate in these proceedings through written and/or oral presentations. Persons wishing to attend must notify Carla Bridges, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 (Telephone: 202–366–2992) (Fax: 202–366–3820), before the close of business on June 30, 2015 (and June 26, 2015, for non-U.S. citizens). Each person wishing to attend must provide his or her name and country of citizenship. Non-U.S. citizens must also provide date of birth, title or position, and passport or diplomatic ID number, along with expiration date. Each person wishing to make an oral presentation must also specify the amount of time that the presentation is expected to last, his or her organizational affiliation, phone number, and email address. NHTSA will prepare a schedule of presentations. Depending upon the number of persons who wish to make oral presentations and the anticipated length of those presentations, NHTSA may limit the length of oral presentations. For security purposes, photo identification is required to enter the U.S. Department of Transportation building. To allow sufficient time to PO 00000 Frm 00190 Fmt 4703 Sfmt 4703 29791 clear security and enter the building, NHTSA recommends that hearing participants arrive 30 to 60 minutes prior to the start of the public hearing. The hearing will be held at a site accessible to individuals with disabilities. Individuals who require accommodations, such as sign language interpreters, should contact Ms. Justine Casselle using the contact information in the FOR FURTHER INFORMATION CONTACT section above no later than June 24, 2015. A transcript of the proceedings will be placed in the docket for this notice at a later date. Persons who wish to file written comments should submit them so that they are received by NHTSA no later than June 23, 2015. Instructions on how to submit written comments to the docket is located under the ADDRESSES section of this notice. Authority: 49 U.S.C. 30118(e), 30120(e); 49 CFR 557.6(d), 557.7; delegations of authority at 49 CFR 1.95(a) and 501.2(a)(1). Dated: May 18, 2015. Mark R. Rosekind, Administrator. [FR Doc. 2015–12386 Filed 5–21–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Notice of Intent To Open a Coordinated Remedy Program Proceeding for the Replacement of Certain Takata Air Bag Inflators National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Notice of intent to open a coordinated remedy program proceeding for the replacement of certain Takata air bag inflators pursuant to 49 U.S.C. 30120(c)(3) and other authority. AGENCY: In order to organize and prioritize vehicle manufacturer’s recall and remedy programs to address defective Takata frontal air bag inflators, the National Highway Traffic Safety Administration (‘‘NHTSA’’) is providing notice of NHTSA’s intent to open proceedings pursuant to its authority under 49 U.S.C. 30120(c)(3) and other authority. NHTSA is considering implementing these remedy programs for all manufacturers and suppliers involved in the recalls of defective Takata air bag inflators. This notice explains NHTSA’s authority to open such a proceeding and describes some of the issues that the agency would consider, and information the agency SUMMARY: E:\FR\FM\22MYN1.SGM 22MYN1 asabaliauskas on DSK5VPTVN1PROD with NOTICES 29792 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices would request from commenters, as part of such a proceeding. FOR FURTHER INFORMATION CONTACT: Arija Flowers, Trial Attorney, Office of the Chief Counsel, NCC–111, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202– 366–8714). SUPPLEMENTARY INFORMATION: In order to ensure that all vehicles in the United States are equipped with safe air bags as quickly as possible and to reduce the risk of serious injury or death due to an inflator rupture, NHTSA is considering exercising its authority under the National Traffic and Motor Vehicle Safety Act of 1966, as amended and recodified (the ‘‘Safety Act’’), 49 U.S.C. 30101, et seq., to organize and prioritize the remedy programs of BMW of North America, LLC (‘‘BMW’’), Chrysler Group, LLC (‘‘Chrysler’’), Daimler Trucks North America, LLC (‘‘DTNA’’), Ford Motor Company (‘‘Ford’’), General Motors, LLC (‘‘GM’’), American Honda Motor Company (‘‘Honda’’), Mazda North American Operations (‘‘Mazda’’), Mitsubishi Motors North America, Inc. (‘‘Mitsubishi’’), Nissan North America, Inc. (‘‘Nissan’’), Subaru of America, Inc. (‘‘Subaru’’), and Toyota Motor Engineering and Manufacturing (‘‘Toyota’’) (collectively, the ‘‘Manufacturers’’), and TK Holdings, Inc. (‘‘Takata’’) to address Takata frontal air bag inflators. Specifically, NHTSA is issuing this notice pursuant to its authority under the Safety Act to ‘‘accelerate’’ a remedy program, 49 U.S.C. 30120(c)(3) and 49 CFR 573.14, as delegated by the Secretary of Transportation, 49 CFR 1.95, 501.2(a)(1), to inspect and investigate, 49 U.S.C. 30166(b)(1), and to ensure that defective vehicles and equipment are recalled, 49 U.S.C. 30118–30119. On May 18, 2015, Takata filed four Defect Information Reports (‘‘DIR’s’’) pursuant to 49 CFR 573.6. In those DIR’s, Takata determined that a defect exists in certain models of frontal air bag inflators (PSDI, PSDI–4, PSDI–4K, SPI, PSPI and PSPI–L). The Safety Act requires manufacturers to remedy safety-related defects in motor vehicles. 49 U.S.C. 30120(a). If the Secretary of Transportation determines that a manufacturer’s remedy program is not likely to be capable of completion within a reasonable time, the Secretary may require the manufacturer to ‘‘accelerate’’ the remedy program if the Secretary finds that there is a risk of serious injury or death if the remedy program is not accelerated and that acceleration of the remedy program can be reasonably VerDate Sep<11>2014 18:19 May 21, 2015 Jkt 235001 achieved by expanding the sources of replacement parts, expanding the number of authorized repair facilities, or both. Id. § 30120(c)(3). The Secretary has delegated his authorities under the Safety Act to the NHTSA Administrator, 49 CFR 1.95(a), 501.2(a)(1). Each of the Manufacturers has elected a remedy program of repair of the affected vehicles. See 49 U.S.C. 30120(a)(1)(A). These remedy programs are individual to each of the Manufacturers, creating a patch-work solution that NHTSA believes may not adequately address the safety risks presented by the defective Takata inflators within a reasonable time. Regardless of root cause, these recalls involve the same safety risk: The risk of the air bag inflator rupturing when the air bag is inflated, which may result in serious injury or death to vehicle occupants without any prior warning. The number of impacted vehicles and manufacturers in combination with the supply issues related to these air bag recalls adds a previously unprecedented level of complexity to this recall and remedy process. Given the number of manufacturers (11) and the technical complexity of the issues involved, NHTSA intends to open a Section 30120(c)(3) proceeding, and has therefore issued this Notice of Intent to inform the public. The goal of a Section 30120(c)(3) proceeding is for the agency to consider whether (and if so, how) to organize and prioritize the recall and remedy programs of the Manufacturers, in order to aid the Manufacturers in accomplishing their significant task of replacing all defective Takata air bag inflators. As part of a Section 30120(c)(3) proceeding, NHTSA plans to consider the views of commenters regarding NHTSA’s exercising its authority with respect to recall and remedy programs involving certain defective Takata frontal air bag inflators, including, but not limited whether it should, and on what terms, issue an order to ‘‘accelerate’’ all applicable recall remedy programs, which could include, but not be limited to, provisions regarding sourcing, production, allocation, delivery, installation, and adequacy of the remedy. Further, as part of a Section 30120(c)(3) proceeding, NHTSA would specifically request comments on how the Manufacturers would comply with an organization and prioritization of remedy directive, the possible terms of any such order and, in particular, how NHTSA should order the sourcing of the replacement parts for Manufacturers, whether NHTSA should issue the PO 00000 Frm 00191 Fmt 4703 Sfmt 4703 remedy order to some but not all Manufacturers, whether NHTSA should order the Manufacturers to prioritize certain vehicles or certain regions in its allocation of replacement parts and how, and whether NHTSA should order a re-replacement schedule for replacement frontal inflators if Takata cannot provide assurances for the ongoing safety of the inflators. Upon NHTSA’s opening of a Section 30120(c)(3) proceeding, additional information, including how to comment, will be published in a supplemental Federal Register Notice. Authority: 49 U.S.C. 30101, et seq., 30118–30119, 30120(c)(3), 30166(b)(1); 49 CFR 573.6, 573. 14; delegations of authority at 49 CFR 1.95(a), 501.2(a)(1). Issued: May 18, 2015. Mark R. Rosekind, Administrator [FR Doc. 2015–12449 Filed 5–21–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency [OCC Charter Number 706335] St. James Federal Savings and Loan Association, St. James, Minnesota; Approval of Conversion Application Notice is hereby given that on May 14, 2015, the Office of the Comptroller of the Currency (OCC) approved the application of St. James Federal Savings and Loan Association, St. James, Minnesota, to convert to the stock form of organization. Copies of the application are available for inspection on the OCC Web site at the FOIA Electronic Reading Room https://foiapal.occ.gov/palMain.aspx. If you have any questions, please call OCC Licensing Activities at (202) 649–6260. Dated: May 14, 2014. By the Office of the Comptroller of the Currency. Stephen A. Lybarger, Deputy Comptroller for Licensing. [FR Doc. 2015–12395 Filed 5–21–15; 8:45 am] BILLING CODE 4810–33–P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900–0085] Agency Information Collection (Appeal to Board of Veterans’ Appeals) Activity Under OMB Review Board of Veterans’ Appeals, Department of Veterans Affairs. AGENCY: E:\FR\FM\22MYN1.SGM 22MYN1

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[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Notices]
[Pages 29791-29792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12449]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Notice of Intent To Open a Coordinated Remedy Program Proceeding 
for the Replacement of Certain Takata Air Bag Inflators

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of intent to open a coordinated remedy program 
proceeding for the replacement of certain Takata air bag inflators 
pursuant to 49 U.S.C. 30120(c)(3) and other authority.

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

SUMMARY: In order to organize and prioritize vehicle manufacturer's 
recall and remedy programs to address defective Takata frontal air bag 
inflators, the National Highway Traffic Safety Administration 
(``NHTSA'') is providing notice of NHTSA's intent to open proceedings 
pursuant to its authority under 49 U.S.C. 30120(c)(3) and other 
authority. NHTSA is considering implementing these remedy programs for 
all manufacturers and suppliers involved in the recalls of defective 
Takata air bag inflators. This notice explains NHTSA's authority to 
open such a proceeding and describes some of the issues that the agency 
would consider, and information the agency

[[Page 29792]]

would request from commenters, as part of such a proceeding.

FOR FURTHER INFORMATION CONTACT: Arija Flowers, Trial Attorney, Office 
of the Chief Counsel, NCC-111, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 
(telephone: 202-366-8714).

SUPPLEMENTARY INFORMATION: In order to ensure that all vehicles in the 
United States are equipped with safe air bags as quickly as possible 
and to reduce the risk of serious injury or death due to an inflator 
rupture, NHTSA is considering exercising its authority under the 
National Traffic and Motor Vehicle Safety Act of 1966, as amended and 
recodified (the ``Safety Act''), 49 U.S.C. 30101, et seq., to organize 
and prioritize the remedy programs of BMW of North America, LLC 
(``BMW''), Chrysler Group, LLC (``Chrysler''), Daimler Trucks North 
America, LLC (``DTNA''), Ford Motor Company (``Ford''), General Motors, 
LLC (``GM''), American Honda Motor Company (``Honda''), Mazda North 
American Operations (``Mazda''), Mitsubishi Motors North America, Inc. 
(``Mitsubishi''), Nissan North America, Inc. (``Nissan''), Subaru of 
America, Inc. (``Subaru''), and Toyota Motor Engineering and 
Manufacturing (``Toyota'') (collectively, the ``Manufacturers''), and 
TK Holdings, Inc. (``Takata'') to address Takata frontal air bag 
inflators. Specifically, NHTSA is issuing this notice pursuant to its 
authority under the Safety Act to ``accelerate'' a remedy program, 49 
U.S.C. 30120(c)(3) and 49 CFR 573.14, as delegated by the Secretary of 
Transportation, 49 CFR 1.95, 501.2(a)(1), to inspect and investigate, 
49 U.S.C. 30166(b)(1), and to ensure that defective vehicles and 
equipment are recalled, 49 U.S.C. 30118-30119.
    On May 18, 2015, Takata filed four Defect Information Reports 
(``DIR's'') pursuant to 49 CFR 573.6. In those DIR's, Takata determined 
that a defect exists in certain models of frontal air bag inflators 
(PSDI, PSDI-4, PSDI-4K, SPI, PSPI and PSPI-L).
    The Safety Act requires manufacturers to remedy safety-related 
defects in motor vehicles. 49 U.S.C. 30120(a). If the Secretary of 
Transportation determines that a manufacturer's remedy program is not 
likely to be capable of completion within a reasonable time, the 
Secretary may require the manufacturer to ``accelerate'' the remedy 
program if the Secretary finds that there is a risk of serious injury 
or death if the remedy program is not accelerated and that acceleration 
of the remedy program can be reasonably achieved by expanding the 
sources of replacement parts, expanding the number of authorized repair 
facilities, or both. Id. Sec.  30120(c)(3). The Secretary has delegated 
his authorities under the Safety Act to the NHTSA Administrator, 49 CFR 
1.95(a), 501.2(a)(1). Each of the Manufacturers has elected a remedy 
program of repair of the affected vehicles. See 49 U.S.C. 
30120(a)(1)(A). These remedy programs are individual to each of the 
Manufacturers, creating a patch-work solution that NHTSA believes may 
not adequately address the safety risks presented by the defective 
Takata inflators within a reasonable time. Regardless of root cause, 
these recalls involve the same safety risk: The risk of the air bag 
inflator rupturing when the air bag is inflated, which may result in 
serious injury or death to vehicle occupants without any prior warning.
    The number of impacted vehicles and manufacturers in combination 
with the supply issues related to these air bag recalls adds a 
previously unprecedented level of complexity to this recall and remedy 
process. Given the number of manufacturers (11) and the technical 
complexity of the issues involved, NHTSA intends to open a Section 
30120(c)(3) proceeding, and has therefore issued this Notice of Intent 
to inform the public.
    The goal of a Section 30120(c)(3) proceeding is for the agency to 
consider whether (and if so, how) to organize and prioritize the recall 
and remedy programs of the Manufacturers, in order to aid the 
Manufacturers in accomplishing their significant task of replacing all 
defective Takata air bag inflators.
    As part of a Section 30120(c)(3) proceeding, NHTSA plans to 
consider the views of commenters regarding NHTSA's exercising its 
authority with respect to recall and remedy programs involving certain 
defective Takata frontal air bag inflators, including, but not limited 
whether it should, and on what terms, issue an order to ``accelerate'' 
all applicable recall remedy programs, which could include, but not be 
limited to, provisions regarding sourcing, production, allocation, 
delivery, installation, and adequacy of the remedy.
    Further, as part of a Section 30120(c)(3) proceeding, NHTSA would 
specifically request comments on how the Manufacturers would comply 
with an organization and prioritization of remedy directive, the 
possible terms of any such order and, in particular, how NHTSA should 
order the sourcing of the replacement parts for Manufacturers, whether 
NHTSA should issue the remedy order to some but not all Manufacturers, 
whether NHTSA should order the Manufacturers to prioritize certain 
vehicles or certain regions in its allocation of replacement parts and 
how, and whether NHTSA should order a re-replacement schedule for 
replacement frontal inflators if Takata cannot provide assurances for 
the ongoing safety of the inflators.
    Upon NHTSA's opening of a Section 30120(c)(3) proceeding, 
additional information, including how to comment, will be published in 
a supplemental Federal Register Notice.

    Authority:  49 U.S.C. 30101, et seq., 30118-30119, 30120(c)(3), 
30166(b)(1); 49 CFR 573.6, 573. 14; delegations of authority at 49 
CFR 1.95(a), 501.2(a)(1).

    Issued: May 18, 2015.
Mark R. Rosekind,
Administrator
[FR Doc. 2015-12449 Filed 5-21-15; 8:45 am]
BILLING CODE 4910-59-P