Coordinated Remedy Order With Annex A; Coordinated Remedy Program Proceeding, 70866-70874 [2015-28924]

Download as PDF 70866 Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0055] Coordinated Remedy Order With Annex A; Coordinated Remedy Program Proceeding National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Coordinated Remedy Order. AGENCY: Effective date: This Coordinated Remedy Order went into effect on November 3, 2015. Order: This Coordinated Remedy Order (‘‘Order’’) is issued by the Administrator of the National Highway Traffic Safety Administration (‘‘NHTSA’’), an operating administration of the U.S. Department of Transportation. Pursuant to NHTSA’s 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., and specifically, 49 U.S.C. 30118–30120, 30120(a)(1), 30120(c)(2)–(3), 30166(b), 30166(c), 30166(e), 30166(g)(1), and 49 CFR 573.6, 573.14, this Coordinated Remedy Order establishes a Coordinated Remedy Program and sets forth the requirements and obligations of certain motor vehicle manufacturers 1 and TK Holdings, Inc., (‘‘Takata’’) in connection with the recall and remedy of certain types of Takata air bag inflators. DATES: I. Nature of the Matter and Findings tkelley on DSK3SPTVN1PROD with NOTICES 1. On June 5, 2015, NHTSA opened the Coordinated Remedy Program Proceeding and public Docket Number NHTSA–2015–0055 to address the recalls of certain Takata air bag inflators, which together constitute the largest Safety Act recall in NHTSA’s history and one of the largest consumer product recalls in United States history. See Notice of Coordinated Remedy Program Proceeding for the Replacement of 1 Currently, BMW of North America, LLC (‘‘BMW’’), FCA US, LLC (‘‘FCA’’) (formerly Chrysler), Daimler Trucks North America, LLC (‘‘Daimler Trucks’’), Daimler Vans USA, LLC (‘‘Daimler Vans’’), 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’’). In accordance with Paragraphs 45, 46, and 48 below, this list may expand at some future date to include other motor vehicle manufacturers who have sold or otherwise made available in the United States motor vehicles equipped with Takata air bag inflators containing phase-stabilized ammonium nitrate. VerDate Sep<11>2014 19:47 Nov 13, 2015 Jkt 238001 Certain Takata Air Bag Inflators, 80 FR 32,197 (June 5, 2015). As of the date of this Order, the number of recalled air bag inflators (currently, approximately 23 million), impacted vehicles (currently, approximately 19 million), and affected vehicle manufacturers (currently, twelve), in combination with the potential for expansion of existing recalls and issuance of new recalls, and the remedy part supply challenges related to the existing recalls, presents an unprecedented level of complexity to the routine recall and remedy process. Given the potential severity of the harm to vehicle occupants when an inflator rupture occurs and the wide-spread exposure to the risk across a large vehicle population, the risk of harm presented by the defective Takata air bag inflators transcends the scope of the processes ordinarily followed in a recall under the Safety Act. Accordingly, for the reasons that follow, and upon consideration of the entire record in this proceeding, NHTSA now issues this Order. Factual Background 2. An air bag inflator (‘‘inflator’’) is a component inside an air bag module that contains explosive materials 2 which, when ignited, rapidly release gases to inflate air bags that protect vehicle occupants in vehicle crashes. Because inflators must fit into small and unique spaces including vehicle steering wheels and front instrument panels (i.e., dashboards), and because they must also satisfy specific performance requirements, inflators must meet exacting size and configuration requirements for each air bag module they are paired with and each vehicle in which they are installed. When functioning properly, air bag inflators are life-saving devices. 3. The first recall involving a rupturing Takata driver side frontal air bag inflator was initiated by Honda on November 11, 2008. At that time, the defect was thought to be the result of a specific manufacturing issue involving a propellant press at Takata’s Moses Lake, Washington plant. Due to various purported discrepancies in Takata’s record keeping for the affected parts, and changing theories as to the root cause of the defect, Honda expanded the scope of the recall several times between 2009 and 2011. 4. The first recall involving a rupturing Takata passenger side frontal air bag inflator was initiated by Takata 2 More precisely, air bag inflators contain pyrotechnic propellants, stored high pressure gases, or a combination of the two. To aid the reader’s understanding, by using more familiar terminology, this is described herein as an ‘‘explosive.’’ PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 on April 11, 2013, and involved BMW, Honda, Mazda, Nissan, and Toyota. At that time, the defect was thought by Takata to be the result of two specific manufacturing issues: (1) The possibility that the auto-reject function on a propellant press had been manually disabled, and (2) the possibility that certain propellant lots were exposed to uncontrolled moisture conditions at Takata’s Monclova, Mexico plant. In 2013 and 2014, GM recalled vehicles to address separate manufacturing problems specific to a limited number of inflators Takata supplied only to GM. 5. Between August 2013 and April 2014, NHTSA received three Vehicle Owner Questionnaires (VOQs) that alleged air bag inflator ruptures in vehicles outside the scope of the prior driver side and passenger side frontal air bag inflator recalls. In late May 2014, Takata confirmed the three ruptures with NHTSA’s Office of Defects Investigation (ODI), and notified ODI of an additional three ruptures (for a total of six rupture incidents between August 2013 and May 2014). All of these ruptures occurred in vehicles experiencing long-term exposure to hot and humid climate conditions in Florida and Puerto Rico. 6. On June 10, 2014, at NHTSA’s urging, Takata and the affected vehicle manufacturers agreed to initiate various field actions in Florida, Hawaii, Puerto Rico, and the U.S. Virgin Islands. The data supporting these field actions indicated that certain Takata frontal air bag inflators in regions prone to consistent long-term 3 exposure to high absolute humidity (‘‘HAH’’) and high temperatures posed a safety risk. The field actions were designed to mitigate the demonstrated risks in the HAH region, to make inflators available for future testing, and to produce data to guide future actions. 7. On June 11, 2014, NHTSA opened a preliminary evaluation (PE14–016) to investigate the six identified rupture incidents involving driver side and passenger side frontal air bag inflators manufactured by Takata. 8. During the period of October through December 2014, at NHTSA’s direction, field actions were converted to recalls and the recalls were expanded, though some recalls remained limited to certain regions with higher absolute humidity. Also during this period, NHTSA urged Takata and the affected vehicle manufacturers to, among other things, speed up the 3 Consistent long-term exposure means multiple years of mostly continuous exposure throughout the year. It is not seasonal exposure. E:\FR\FM\16NON1.SGM 16NON1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices remedy programs by increasing the supply of remedy air bag inflators. NHTSA emphasized the need to promptly and effectively remedy the serious safety risk posed to consumers by the defective Takata air bag inflators. Further, as part of its ongoing investigation and oversight, NHTSA issued two Special Orders to Takata on October 30, and November 18, 2014, a Special Order to Honda on November 5, 2014, and General Orders to BMW, FCA, Ford, GM, Honda, Mazda, Mitsubishi, Nissan, Subaru, Toyota, and Takata on November 18, 2014. All these Special and General Orders were designed and issued by NHTSA to obtain additional data required to assess and mitigate the risk of harm to the motoring public. 9. On November 18, 2014, NHTSA demanded that the five vehicle manufacturers with affected driver side frontal air bag inflators expand their regional field actions and conduct nationwide actions. This decision was based on, among other things, NHTSA’s evaluation of a driver side frontal air bag failure in a vehicle outside the existing regional recall area. In response, beginning in December 2014, BMW, FCA, Ford, Honda and Mazda initiated national service campaigns or safety improvement campaigns on vehicles with driver side frontal air bag inflators. 10. On November 26, 2014, NHTSA demanded that Takata submit Defect Information Reports (‘‘DIRs’’) of driver side frontal air bag inflators. While Takata declined to do so in a December 2, 2014 response, NHTSA continued to insist that Takata accept responsibility for the rupturing air bag inflators and file DIRs. 11. On February 24, 2015, NHTSA upgraded PE14–016 to an engineering analysis (EA15–001). 12. On May 18, 2015, after NHTSA’s consistent demands, and pursuant to its legal obligations under the Safety Act, 49 U.S.C. 30118(c)(1) and 49 CFR 573.6(c), Takata filed four DIRs with NHTSA (15E–040, 15E–041, 15E–042, 15E–043) (‘‘Takata DIRs’’). In the Takata DIRs, Takata admitted that certain types of air bag inflators manufactured by Takata with a phase-stabilized ammonium nitrate-based propellant (specifically, the PSDI, PSDI–4, PSDI– 4K, SPI, PSPI and PSPI–L) contain defects constituting an unreasonable risk to safety. 13. Between May 13, 2015 and June 24, 2015, BMW, FCA, Daimler Trucks,4 Daimler Vans, Ford, GM, Honda, Mazda, Mitsubishi, Nissan, Subaru, and Toyota 4 Daimler Trucks’ remedy program of approximately 2,500 vehicles is being conducted in cooperation with FCA. VerDate Sep<11>2014 19:47 Nov 13, 2015 Jkt 238001 (the ‘‘Initial Vehicle Manufacturers’’) each filed DIRs with NHTSA for vehicles containing the air bag inflators covered by the Takata DIRs (the ‘‘Inflator Recalls’’). 14. As part of the Coordinated Remedy Program Proceeding, launched on June 5, 2015, NHTSA sought information from each of the Initial Vehicle Manufacturers, Takata, and other major inflator suppliers 5 (the ‘‘Suppliers’’). As an initial matter, this included gathering data from the Initial Vehicle Manufacturers, Takata, and the other Suppliers through correspondence, and a Special Order to Takata, sent on June 18 and 19, 2015.6 Thereafter, each of these companies provided answers responsive to NHTSA’s correspondence, which were available in the public docket. 15. Among other things, NHTSA engaged in numerous teleconferences and in-person meetings with the Suppliers to enhance NHTSA’s understanding of, among other things, each Supplier’s current production capacities, capabilities or plans for increasing production, existing contractual obligations, and product reliability. NHTSA also engaged in teleconferences and in-person meetings with the Initial Vehicle Manufacturers to enhance NHTSA’s understanding of, among other things, each Vehicle Manufacturer’s anticipated timelines for receipt of replacement air bag units, anticipated timelines for remedy program launch and completion, number of impacted vehicles, number of replacement air bag units needed, and plans and efforts for promptly conducting recall remedies and effectively reaching consumers. 16. On September 22, 2015, NHTSA gathered supplemental data from additional vehicle manufacturers that NHTSA had learned were supplied with Takata air bag inflators containing phase-stabilized ammonium nitrate (‘‘PSAN’’) 7 not covered by the Takata 5 ARC Automotive, Inc. (‘‘ARC’’), Autoliv Americas (‘‘Autoliv’’), Key Safety Systems (‘‘Key Safety’’), Toyoda Gosei North America Corporation (‘‘Toyoda’’), Daicel Safety Systems America, LLC (‘‘Daicel’’), and TRW Automotive (‘‘TRW’’) which has subsequently become ZF TRW (‘‘ZF TRW’’). 6 The correspondence sent to Takata and each of the Suppliers and Initial Vehicle Manufacturers, and their responses, are available for inspection in public Docket Number NHTSA–2015–0055. Given NHTSA’s ongoing investigation into the defective Takata air bag inflators under EA15–001, the correspondence sent to Takata was in the form of a Special Order, with a cover letter. As with the other industry responses to the correspondence of June 18–19, Takata’s response to the Special Order was made publicly available as a comment to the Docket. 7 Correspondence was sent to Jaguar Land Rover North America, LLC (‘‘Jaguar’’); Mercedes-Benz US, PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 70867 DIRs (collectively, the ‘‘Potential Expansion Vehicle Manufacturers’’). Thereafter, each of these companies provided public comments to the docket responsive to the questions and issues raised in NHTSA’s correspondence. 17. On September 23 and 24, 2015, NHTSA convened problem-solving meetings with the Initial Vehicle Manufacturers to examine aggregate data and engage in a collaborative risk analysis to aid NHTSA in developing a principled, rational, risk-mitigation based approach for the prioritization and phasing of recall plans. Factors considered included those currently associated with a higher risk of inflator rupture, specifically: age of the inflator (with older inflators presenting a greater risk); geographic location of vehicles with the recalled inflators (with HAH areas presenting a greater risk); position of the inflator in the vehicle (with the driver side frontal air bag inflator presenting a greater risk of serious injury or death when a rupture occurs); and the presence of recalled inflators in both the driver and passenger side airbag modules. During the meetings, the Initial Vehicle Manufacturers provided input on factors supporting a technically supported risk-assessment methodology for the Inflator Recalls. Following the meeting, each Initial Vehicle Manufacturer submitted a vehicle prioritization list that applied these factors, and other factors specific to their products, that prioritized vehicles into three risk categories. NHTSA analyzed these submissions and determined that the Initial Vehicle Manufacturers generally identified reasonable and appropriate priority groups based on the evidence known at this time. 18. Throughout this process, the public has been able to engage in this dialogue through submissions to the public Docket, NHTSA–2015–0055. In addition to the actions set forth above, NHTSA reviewed and considered all public comments to the docket. 19. While Takata is a manufacturer of air bag inflators, other Suppliers also manufacture inflators, some of which closely match the performance requirements of the original Takata inflator and thus can be modified and safely installed in Takata air bag modules for use as remedy parts for the LLC (‘‘Mercedes-Benz’’); Spartan Motors, Inc. (‘‘Spartan’’); Suzuki Motor of America, Inc. (‘‘Suzuki’’); Tesla Motors, Inc. (‘‘Tesla’’); Volkswagen Group of America, Inc. (‘‘Volkswagen’’); and Volvo Trucks NA (‘‘Volvo’’). The correspondence to each of these vehicle manufacturers, and their responses, are available for public inspection in public Docket Number NHTSA–2015–0055. E:\FR\FM\16NON1.SGM 16NON1 tkelley on DSK3SPTVN1PROD with NOTICES 70868 Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices Inflator Recalls. This is significant because Takata alone does not have sufficient manufacturing capacity to produce remedy inflators for the Initial Vehicle Manufacturers within an adequate timeframe. According to Takata, it was capable of manufacturing approximately 85,000 replacement kits per week as of October 30, 2014. Takata’s production capacity increased to 91,000 replacement kits per week by December 1, 2014, and to 122,000 replacement kits per week by January 26, 2015. By July 2015, Takata reported to NHTSA that, in May 2015, it had produced approximately 730,000 remedy inflators and 1,167,000 remedy kits, which included inflators obtained from other Suppliers. Takata further reported that these numbers were expected to reach 850,000 remedy inflators and 1,900,000 remedy kits produced per month, including inflators obtained from other Suppliers, by October 2015. Takata also reported that, as of June 2015, it had produced a total of approximately 8,900,000 replacement inflators. However, this production is not all directed to the U.S. market; it also serves the global market requiring replacement air bag inflators. Even at the increased rate of nearly 850,000 remedy inflators per month by October 2015, if working alone it would take Takata at least twenty-seven (27) months to produce enough remedy inflators for the Inflator Recalls, assuming all of that production went solely to the United States market. 20. Further, some of the Takata driver inflators, sometimes referred to as containing propellant in the shape of a ‘‘batwing,’’ have been used as interim replacement parts that will degrade if continuously exposed to long-term to HAH conditions, and are themselves subject to recall. These inflators will not be used as a final remedy of driver side frontal air bags. Further, Takata’s passenger side frontal air bag inflators subject to the Inflator Recalls have not previously been recalled for vehicles later than model year 2008. 21. The Initial Vehicle Manufacturers recognized the need to increase the remedy parts supply in order to have sufficient remedy parts available. To do so, they were required find alternative suppliers to meet their demands for remedy air bag inflator parts. The Initial Vehicle Manufacturers found that necessary alternative supply source in other inflator suppliers, specifically, Autoliv, Daicel, and ZF TRW (collectively, the ‘‘Alternative Inflator Suppliers’’). 22. According to Takata, in October 2015, the Alternative Inflator Suppliers were scheduled to provide over 1.9 VerDate Sep<11>2014 19:47 Nov 13, 2015 Jkt 238001 million remedy inflator parts per month for installation in remedy air bag kits. This totaled approximately seventy percent (70%) of the 2.8 million remedy inflator kits produced by Takata that month for global demand. Nonetheless, the sheer volume of remedy parts required across the vehicle manufacturing industry, for both U.S. and foreign markets, has created challenges for the Initial Vehicle Manufacturers in obtaining sufficient remedy parts to remedy all of the recalled inflators within a reasonable time. 23. Despite the efforts of each of the Initial Vehicle Manufacturers to procure remedy parts in a timely fashion, some vehicle manufacturers will not be able to obtain sufficient remedy parts to launch their remedy programs, in part or in full, until late 2015 or early 2016, more than six (6) months after filing their initial DIRs in regard to the Inflator Recalls. 24. Further, pursuant to a November 3, 2015 Consent Order to Takata (‘‘November 2015 Takata Consent Order’’), additional Takata air bag inflators not previously subject to a recall may need to be replaced. This would cause the Potential Expansion Vehicle Manufacturers to join the existing field of Initial Vehicle Manufacturers (collectively, the ‘‘Vehicle Manufacturers’’) in need of remedy air bag inflator parts. 25. Each time Takata air bag inflator recalls are issued under the November 2015 Takata Consent Order, or current recalls are expanded, similar challenges will arise for the Vehicle Manufacturers regarding supply chain and the need for risk-assessments based on principled rationales that utilize the most-current available science and data. 26. Throughout this sequence of events, Takata has conducted inflator testing in an effort to determine the ‘‘root cause’’ of the inflator ruptures and, by testing modules recovered from vehicles that have been remedied, to determine which inflators posed the greatest risk of rupture. While production issues at Takata manufacturing plants in Monclova, Mexico and Moses Lake, Washington, were identified early on as the purported root cause in some rupture incidents, those theories (even if correct) do not account for the ongoing issues with inflator rupture. For example, inflators installed in vehicles spending many consecutive years of their service lives in hot and humid climates have also ruptured even though they appear to have been manufactured within Takata’s specifications. While Takata now believes that the ruptures PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 are related to long-term exposure to HAH conditions, their root cause testing has not produced any conclusive answers regarding why the inflators rupture. 27. Moreover, Takata has been unable to provide a definitive explanation for other inflators rupturing, including the rupture of an SSI–20 side air bag inflator on June 7, 2015, in a Volkswagen vehicle involved in a crash, or the rupture of a PSDI–X inflator during Takata’s testing of an air bag module on September 29, 2015 with a resulting recall by Honda. Takata has also been unable to definitively explain the October 2015, rupture of an SSI–20 inflator during Takata quality control testing. It therefore appears to the agency that Takata continues to have ongoing quality control issues with the volatile, explosive compound it has chosen as the propellant for most of its air bag inflators: PSAN. 28. While the ultimate responsibility for determining root cause rests squarely with Takata, testing has also been conducted by NHTSA and third parties in an effort to establish the root cause of the defect and to verify the results of Takata’s testing of inflators returned from the field. NHTSA has conducted testing through Battelle Memorial Institute, 3D Engineering Solutions, and the Transportation Research Center of Ohio, testing organizations located in Ohio, to verify Takata’s test results and examine the root cause of the defect. Testing has also been undertaken by the Independent Testing Coalition (‘‘ITC’’), which is comprised of BMW, FCA, Ford, GM, Honda, Mazda, Mitsubishi, Nissan, Subaru, and Toyota. Orbital ATK, a testing company located in Utah, has commenced testing on behalf of the ITC, and hopes to conclude root cause analysis in 2016. Multiple individual vehicle manufacturers have also conducted testing in efforts to confirm Takata’s results or establish root cause for the defect. While this multitude of independent testing efforts have largely confirmed the observations made and patterns identified from Takata’s test results, none of these efforts has identified any specific root cause(s) for the propellant failures and inflator ruptures. While progress is being made, it is unknown when, or if, root cause will ever be definitively determined. 29. Without a conclusive determination of root cause, the source of the problems with certain Takata inflators remains unknown. What is known, however, is that the propellant in inflators covered by the Inflator Recalls and the recalls within the scope of this Order have, at various rates of frequency, a propensity to ignite and/or E:\FR\FM\16NON1.SGM 16NON1 Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices tkelley on DSK3SPTVN1PROD with NOTICES burn in an unexpected way that may cause the pressure inside the inflator to increase too quickly, causing the inflator to rupture. That rupture causes the metal canister of the inflator to break away in hot, shrapnel-like fragments, which shoot out of the air bag into the passenger cabin and towards the driver or any occupants who are nearby. 30. As of October 30, 2015, there have been 99 confirmed incidents in the United States where a ruptured Takata air bag inflator allegedly caused death or injury. Many of these incidents resulted in serious injury to vehicle occupants. In seven of the incidents, the vehicle’s driver died as a result of injuries sustained from the rupture of the air bag inflator. In other incidents, vehicle occupants suffered injuries including cuts or lacerations to the face or neck, broken or fractured facial bones, loss of eyesight, and broken teeth. The risk of these tragic consequences is greatest for individuals sitting in the driver seat, where one in ten individuals’ whose air bag inflator ruptured has died. Findings Based upon the agency’s analysis and judgment, and upon consideration of the entire record, NHTSA finds that: 31. (1) There is a risk of serious injury or death if the remedy program of each of the Initial Vehicle Manufacturers is not accelerated; (2) acceleration of each Initial Vehicle Manufacturer’s remedy program can be reasonably achieved by expanding the sources of replacement parts; and (3) each Initial Vehicle Manufacturer’s remedy program is not likely to be capable of completion within a reasonable time without acceleration. 32. Each air bag inflator with the capacity to rupture, as the recalled Takata inflators do, presents an unreasonable risk of serious injury or death. Seven individuals have already been killed in the United States alone, with at least 92 more injured. Since the propensity for rupture increases with the age of the inflator, and increases even more when the vehicle has been exposed to consistent long-term HAH conditions, the risk for injurious or lethal rupture increases with each passing day. While each of the Initial Vehicle Manufacturers has made efforts towards the remedy of these defective air bag inflators, acceleration and coordination of the inflator remedy programs is necessary to reduce this risk to public safety. Acceleration and coordination will enable vehicle manufacturers to establish priorities based on principled rationales for riskassessment, coordinate on safetyfocused efforts to successfully complete VerDate Sep<11>2014 19:47 Nov 13, 2015 Jkt 238001 their respective remedy programs, and allow for the organization and prioritization of remedy parts, if and as needed, with NHTSA’s oversight. 33. Acceleration of the inflator remedy programs can be reasonably achieved by, among other things, expanding the sources of replacement parts. This acceleration can be accomplished in part by a vehicle manufacturer contracting with any of the Alternative Inflator Suppliers for remedy parts as Takata cannot manufacture sufficient remedy parts in a reasonable time for the estimated 23 million inflators in the U.S. market alone that require remedy under the Inflator Recalls. 34. In light of all the circumstances, including the safety risk discussed above, the Initial Vehicle Manufacturers’ recall remedy programs are not likely capable of completion within a reasonable amount of time without acceleration of each remedy program. It is critical to the timely completion of each remedy program that the Initial Vehicle Manufacturers obtain remedy inflators from sources other than Takata. Takata’s inflator production for October 2015 will make up only around thirty percent (30%) of the remedy inflators produced that month. Further, Takata’s ability to supply remedy parts going forward may decrease, such that other Suppliers will need to fill the resulting void. 35. Pursuant to the conditions for expansion of the recalls in the Takata DIRs for Recall Nos. 15E–042 and 15E– 043, Paragraphs 27–30 of the November 2015 Takata Consent Order, and as otherwise agreed by Takata, and after consultation throughout this Coordinated Remedy Program Proceeding with Takata and all of the vehicle manufacturers affected by said Recalls, NHTSA further finds that continued testing and analysis of Takata air bag inflators is necessary. If circumstances warrant the issuance of an Order expanding the production or geographic scope of the Inflator Recalls, the agency will do so in accordance with the November 2015 Takata Consent Order. 36. The issuance of this Coordinated Remedy Order is an appropriate exercise of NHTSA’s authority under the Safety Act, 49 U.S.C. § 30101, et seq., 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), to ensure that defective vehicles and equipment are recalled and remedied and that owners are notified of a defect and how to have the defect remedied, 49 U.S.C. §§ 30118–30120, to ensure the adequacy PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 70869 of the remedy, including through acceleration of the remedy program, 49 U.S.C. § 30120(c), to require vehicle manufacturers and equipment manufacturers to keep records and make reports, 49 U.S.C. § 30166(e), and to require any person to file reports or answers to specific questions, 49 U.S.C. § 30166(g). 37. This Coordinated Remedy Order, developed after taking into account the input and concerns of each of the Vehicle Manufacturers, Suppliers, Takata, other interested parties and the public, will reduce the risk of serious injury or death to the motoring public and enable the Initial Vehicle Manufacturers and Takata to implement, and complete, the necessary remedy programs on an accelerated basis. Accordingly, it is hereby ordered by NHTSA as follows: II. Terms of the Coordinated Remedy Order Priority Groups and Target Recall Program Completion Deadlines for the Coordinated Remedy Program 38. Each Initial Vehicle Manufacturer has previously submitted to NHTSA a vehicle prioritization plan based on a risk-assessment that takes into account the primary factors related to Takata inflator rupture, as currently known and understood, and other factors specific to that vehicle manufacturer’s products. The primary factors utilized by all of the Initial Vehicle Manufacturers are: (1) Age of the inflator (with older presenting a greater risk of rupture); (2) geographic location of the inflator (with continuous long-term exposure to high absolute humidity [‘‘HAH’’] areas,8 as defined by each vehicle manufacturer, presenting a greater risk of rupture); and (3) location of the Takata inflator in the vehicle (with both driver side and passenger side frontal air bag inflators in the same vehicle presenting the greatest risk of rupture,9 and driver side only 8 Each vehicle manufacturer has defined an HAH region for its vehicle prioritization and recall remedy program, resulting in slight variations as to which states and territories are included in the HAH area. However, all of the prioritizations include in the HAH area vehicles that were originally sold, or ever registered, in Alabama, Florida, Georgia, Hawaii, Louisiana, Mississippi, Texas, Puerto Rico, American Samoa, Guam, Saipan, and the U.S. Virgin Islands. None of the slight variations impact the risk mitigation established through this Order. 9 All recalled Takata inflators have previously been determined to pose an unreasonable risk of death or serious injury in a crash, as established in the filing of each of the many DIRs for the recalled inflators. Comparative statements of risk in the priority groups are provided to explain relative risk among the inflators, all of which pose an E:\FR\FM\16NON1.SGM Continued 16NON1 70870 Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices presenting an elevated risk of rupture, resulting in serious injury or death). In order to timely and adequately complete its remedy program, each Initial Vehicle Manufacturer shall, pursuant to 49 U.S.C. 30120(a)(1) and (c), carry out its remedy program in accordance with its prioritization plan as submitted to NHTSA. A complete listing of the vehicles in each priority group (‘‘Priority Group’’) developed using the above risk factors is attached hereto as Annex A,10 and is hereby incorporated by reference as if fully set forth herein. The Priority Groups are as follows: a. Priority Group 1 Vehicles in Priority Group 1 are equipped with Takata inflators that pose the highest risk of rupture and thus the highest risk of injury or death to the vehicle occupants. Generally, Priority Group 1 vehicles are currently model year 2008 and earlier, and have spent time 11 in the HAH region, and have either a recalled driver side inflator or both recalled driver side and passenger side inflators in the same vehicle. b. Priority Group 2 Vehicles in Priority Group 2 are equipped with Takata inflators that pose an intermediate risk of rupture; that is, a lower risk of rupture and resulting injury or death to vehicle occupants than the inflators and vehicles in Priority Group 1, but a higher likelihood of rupture and injury or death than vehicles in Priority Groups 3 and 4. Generally, Priority Group 2 includes: (1) All remaining vehicles with recalled driver side inflators (this includes, vehicles 2009 and newer, and/or vehicles with recalled driver inflators only that have not spent time in the HAH region), and; (2) vehicles with certain recalled passenger inflator types that have a higher rupture frequency and that have also spent time in the HAH region. tkelley on DSK3SPTVN1PROD with NOTICES c. Priority Group 3 Vehicles in Priority Group 3 are equipped with Takata inflators that pose an unreasonable risk of serious injury or unreasonable risk of death or serious injury in a crash. 10 Because information about the risk factors may change throughout this Coordinated Remedy Program, these prioritizations are subject to change by a vehicle manufacturer, with NHTSA’s oversight of the recall program including vehicle prioritization. 11 While continuous long-term exposure to HAH is an identified risk factor, the Priority Groups take this into account by including in the riskassessment vehicles originally sold or ever registered in the HAH region. Vehicle manufacturers are able to obtain registration information and have used that data in formulating their risk-assessment based Priority Groups. VerDate Sep<11>2014 19:47 Nov 13, 2015 Jkt 238001 death to vehicle occupants and should be remedied as soon as possible following the remedy of the highest risk vehicles in Priority Groups 1 and 2. The likelihood of these inflators rupturing is lower than Priority Groups 1 and 2. Generally, Priority Group 3 includes the remaining vehicles, specifically, vehicles that are model year 2009 and later and either: (1) Are outside the HAH region and contain only a passenger side inflator, or; (2) are in the HAH region and contain a specific passenger side inflator type with a lower rupture rate (the PSPI type) than other passenger side inflator types. d. Priority Group 4 Some Initial Vehicle Manufacturers are replacing recalled inflators with newly manufactured ‘‘like-for-like’’ inflators while they work towards an alternative, final remedy. Vehicles in Priority Group 4 include those vehicles with driver side frontal air bag inflators that have received, or will receive, an ‘‘interim remedy,’’ meaning they have been, or will be, remedied with a Takata inflator that has been recalled, and will require a second remedy once the final remedy is available.12 Once repaired with the interim remedy, these vehicles are at the lowest risk of an inflator rupture because the inflator is new and has not yet been subject to long-term continuous exposure to HAH conditions. Unless specifically added at a later date to a higher Priority Group for re-remedy by their vehicle manufacturer, all remaining vehicles requiring a second, final, remedy of the inflator(s) are included in Priority Group 4. 39. Pursuant to their obligations to remedy a defect within a reasonable time, as set forth in 49 U.S.C. § 30120(a)(1) and § 30120(c)(2), each Initial Vehicle Manufacturer shall acquire a sufficient supply of remedy parts to enable it to provide remedy parts, in a manner consistent with customary business practices, upon demand to dealers within their dealer network by the timelines set forth in this Paragraph. Each Initial Vehicle Manufacturer shall ensure that it has a sufficient supply of remedy parts on the following schedule: Priority group Sufficient supply timelines Priority Group 1 ......... Priority Group 2 ......... Priority Group 3 ......... March 31, 2016. September 30, 2016. December 31, 2016. 12 NHTSA has entered into Remedy Agreements with BMW and Mazda, which can be found in the investigation file for EA15–001 on www.safercar.gov. PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 40. Further pursuant to their obligations to remedy a defect within a reasonable time, as set forth in 49 U.S.C. § 30120(a)(1) and § 30120(c)(2), each Initial Vehicle Manufacturer shall implement and execute its recall remedy program pursuant to the Safety Act with the target deadline to complete the recall remedy program for all vehicles in Priority Groups 1 through 3 of December 31, 2017, and a target deadline to remedy all vehicles in Priority Group 4 of December 31, 2019, as shown below: Priority group Priority Priority Priority Priority Group Group Group Group 1 2 3 4 ......... ......... ......... ......... Remedy completion target deadline December December December December 31, 31, 31, 31, 2017. 2017. 2017. 2019. Remedy Completion Maximization Efforts 41. Pursuant to 49 U.S.C. 30166(e), within 90 days of this Order, a vehicle manufacturer recalling inflators subject to this Order shall provide to NHTSA and the Monitor (as set forth at Paragraph 44 below), a written recall engagement process or plan for maximizing remedy completion rates for all vehicles covered by the Inflator Recalls. Such a process or plan shall, at a minimum, include but not be limited to the methodology and techniques presented at the Retooling Recalls Workshop 13 held by NHTSA on April 28, 2015, at the U.S. Department of Transportation Headquarters. 42. Pursuant to 49 U.S.C. 30166(e), a vehicle manufacturer recalling inflators subject to this Order shall, upon request, provide to NHTSA and the Monitor any and all information demonstrating the reasonableness of the efforts made by that vehicle manufacturer to maximize remedy completion rates. 43. The facts relating to supply, demand, and root cause may change during this Coordinated Remedy Program. Pursuant to Paragraph 32 of the November 2015 Takata Consent Order, Takata shall continue to cooperate with NHTSA in all ways to coordinate and accelerate remedy programs, and to adequately remedy the air bag inflators covered by the Inflator Recalls. Monitor 44. Pursuant to Paragraphs 35 through 46 of the November 2015 Takata 13 Each of the Initial Vehicle Manufacturers, other than Daimler Vans, registered to attend this Workshop. Presentations from the Workshop are available at: https://www.nhtsa.gov/nhtsa/ symposiums/april2015/#. E:\FR\FM\16NON1.SGM 16NON1 Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices Consent Order, Takata has agreed to retain, at its sole cost and expense, an independent monitor (the ‘‘Monitor’’). The Monitor’s authority includes, among other things, certain monitoring, review and assessment of progress of the Coordinated Remedy Program and of compliance with this Order. The powers, rights and responsibilities of the Monitor are set forth more fully in the November 2015 Takata Consent Order, which are hereby incorporated by reference as if fully set forth herein. a. The Monitor shall have the authority to take such reasonable steps, in the Monitor’s view, as are necessary to be fully informed about the operations of the Coordinated Remedy Program and this Order. b. It is expected that the Monitor will develop and implement written procedures and may make additional recommendations aimed at enhancing the Coordinated Remedy Program and ensuring that all Coordinated Remedy Program deadlines, including those in this Order, are met. c. The Monitor is not intended to supplant NHTSA’s authority over decisions related to the Coordinated Remedy Program, this Order, motor vehicle safety, or otherwise. If the Monitor identifies a problem or issue, the Monitor shall make appropriate recommendations to NHTSA and provide all supporting information, including information contrary to the Monitor’s recommendation, to enable NHTSA to make an informed decision on that recommendation. d. Takata and Vehicle Manufacturers, along with all of their respective officers, directors, employees, agents, and consultants, shall have an affirmative duty to cooperate with and assist the Monitor in connection with the Coordinated Remedy Program and this Order. Potential Future Recalls 45. The provisions of the November 2015 Takata Consent Order regarding future recalls and possible future recalls, contained at Paragraphs 29–30 of that document, are hereby incorporated by reference into this Order. Accordingly, any future recall(s) of Takata inflators pursuant to, or contemplated by, Paragraphs 29–30 of that Order shall become part of the Coordinated Remedy Program established herein. 46. Upon Takata’s filing of a DIR pursuant to 49 CFR § 573, the affected vehicle manufacturer(s) shall timely file a DIR. Upon the filing of such DIRs NHTSA may, pursuant to 49 U.S.C. §§ 30118–30119, 49 U.S.C. § 30120(c), 49 CFR § 573.14, and 49 U.S.C. § 30166(b), (c), and (e), convene a meeting with the affected vehicle manufacturers to take place within forty-five (45) days of Takata’s DIR filing, at an appropriate location within the United States, as determined by NHTSA, to address issues related to the Coordinated Remedy Program including, but not limited to, establishing a risk-assessment framework for the prioritization of vehicles and/or phasing of remedy programs, as appropriate. Any such prioritizations shall be made publicly available, and shall be annexed to this Order, in a format similar to the Priority Group lists in Annex A of this Order. Record Keeping & Reports 47. Pursuant to 49 U.S.C. § 30166(b), (c), (e), and (g), in carrying out any recall remedy program covered by this Order, each affected vehicle manufacturer and Takata shall make any report, submit any information, and accommodate any inspection and/or investigation, as requested by NHTSA or the Monitor. Miscellaneous 48. NHTSA may, after consultation with affected vehicle manufacturers, and/or Takata, or upon a recommendation of the Monitor, modify or amend provisions of this Order to, among other things: account for and timely respond to newly obtained facts, scientific data, changed circumstances, and/or other relevant information that may become available throughout the term of the Coordinated Remedy Program. This includes but is not limited to, changes to the Priority Groups contained in Annex A; allowing for reasonable extensions of time for the timelines contained in Paragraphs 39 and 40; facilitating further recalls as contemplated by Paragraphs 45 and 46; or for any other purpose arising under, or in connection with, the Coordinated Remedy Program and/or this Coordinated Remedy Order. 49. This Coordinated Remedy Order shall become effective upon issuance by the NHTSA Administrator. In the event of a breach of, or failure to perform, any term of this Order by Takata or any vehicle manufacturer, NHTSA may pursue any and all appropriate remedies, including, but not limited to, actions compelling specific performance of the terms of this Order, and/or commencing litigation to enforce this Order in any United States District Court. 50. This Coordinated Remedy Order shall not be construed to create rights in, or grant any cause of action to, any third party not subject to this Order. 51. In carrying out the directives of this Coordinated Remedy Order, vehicle manufacturers and vehicle equipment manufacturers (i.e. suppliers) shall not engage in any conduct prohibited under the antitrust laws, or other applicable law. It is so ordered: NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION Dated: November 3, 2015. Mark R. Rosekind, Administrator. ANNEX A Coordinated Remedy Program Priority Groups In the Priority Groups listed below, the area of high absolute humidity (‘‘HAH’’) is defined by each vehicle manufacturer individually, but in all instances includes vehicles originally sold or ever registered in Alabama, Florida, Georgia, Hawaii, Louisiana, Mississippi, Texas, Puerto Rico, American Samoa, Guam, Saipan, and the U.S. Virgin Islands. In limited instances, parts for some HAH recalls are currently only available to a limited area within the HAH with the highest risk of rupture. ‘‘Non-HAH’’ means any vehicle that has not been identified by the vehicle manufacturer as having been originally sold or ever registered in the HAH region, as defined by the vehicle manufacturer. tkelley on DSK3SPTVN1PROD with NOTICES PRIORITY GROUP 1 BMW: 2002–2006 ............................... Daimler Vans USA: 2007–2008 ............................... 2007–2008 ............................... Daimler Truck North AmericaDTNA: VerDate Sep<11>2014 19:47 Nov 13, 2015 BMW .............................................. 3 Series, M3 (HAH) Freightliner ..................................... Dodge ............................................ Sprinter (HAH) Sprinter (HAH) Jkt 238001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 70871 E:\FR\FM\16NON1.SGM 16NON1 70872 Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices 2008–2009 ............................... FCA: 2006–2008 ............................... 2005 ......................................... 2008 ......................................... 2006–2008 ............................... 2005 ......................................... 2004–2005 ............................... 2006–2008 ............................... 2005 ......................................... 2004–2005 ............................... Ford: 2005–2006 ............................... 2005–2008 ............................... 2004–2005 ............................... GM: 2003–2007 ............................... 2005 ......................................... Sterling ........................................... Bullet (HAH and non-HAH) Chrysler ......................................... Chrysler ......................................... Dodge ............................................ Dodge ............................................ Dodge ............................................ Dodge ............................................ Dodge ............................................ Dodge ............................................ Dodge ............................................ 300, 300C, SRT8 (HAH) 300, 300C, SRT8 (HAH and non-HAH) Challenger (HAH) Charger (HAH) Dakota (HAH) Durango (HAH) Magnum (HAH) Magnum (HAH and non-HAH) Ram 1500, 2500, 3500 Pickup (HAH) Ford ............................................... Ford ............................................... Ford ............................................... GT (HAH) Mustang (HAH) Ranger (HAH) Pontiac ........................................... GM-Saab ....................................... Vibe (HAH) 9–2X (HAH) Priority Group 1 continued . . . Priority Group 1 continued from prior page . . . Honda: 2003 ......................................... 2002–2003 ............................... 2001–2003 ............................... 2001–2003 ............................... 2004–2005 ............................... 2003–2005 ............................... 2003 ......................................... 2002 ......................................... 2003–2004 ............................... 2003–2006 ............................... 2002 ......................................... 2003 ......................................... 2004–2005 ............................... 2006 ......................................... Mazda: 2003–2008 ............................... 2004–2008 ............................... 2006–2007 ............................... Mitsubishi: 2004–2006 ............................... 2004 ......................................... 2006–2009 ............................... Nissan: 2002–2003 ............................... 2002–2004 ............................... 2002–2004 ............................... Subaru: 2004–2005 ............................... 2005 ......................................... Toyota: 2007 ......................................... 2003–2007 ............................... 2003–2007 ............................... 2005–2007 ............................... 2003–2004 ............................... 2005–2006 ............................... Acura ............................................. Acura ............................................. Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ 3.2CL (HAH and non-HAH) 3.2TL (HAH and non-HAH) Accord (HAH and non-HAH) Civic (HAH and non-HAH) Civic (HAH) Civic IMA-Hybrid (HAH) Civic IMA-Hybrid (non-HAH) CR–V (HAH and non-HAH) CR–V (HAH) Element (HAH) Odyssey (HAH) Pilot (HAH and non-HAH) Pilot (HAH) Ridgeline (HAH) Mazda ............................................ Mazda ............................................ Mazda ............................................ Mazda6 (HAH) RX8 (HAH) Speed6 (HAH) Mitsubishi ....................................... Mitsubishi ....................................... Mitsubishi ....................................... Lancer and Lancer Evolution (HAH) Lancer Sportback (HAH) Raider (HAH) Infiniti ............................................. Nissan ............................................ Nissan ............................................ QX4 (HAH) Pathfinder (HAH) Sentra (HAH) Subaru ........................................... Subaru ........................................... Impreza/WRX/STI (HAH) Legacy, Outback (HAH) Lexus ............................................. Toyota ............................................ Toyota ............................................ Toyota ............................................ Toyota ............................................ Toyota ............................................ SC430 (HAH) Corolla (HAH) Matrix (HAH) Sequoia (HAH) Tundra (HAH) Tundra (non-HAH) tkelley on DSK3SPTVN1PROD with NOTICES PRIORITY GROUP 2 BMW: 2000–2001 ............................... 2002–2006 ............................... 2002–2003 ............................... 2003–2004 ............................... Daimler Vans USA: 2007–2008 ............................... FCA: 2006–2008 ............................... 2009–2010 ............................... 2005 ......................................... 2007–2008 ............................... 2008 ......................................... 2009–2010 ............................... VerDate Sep<11>2014 19:47 Nov 13, 2015 BMW BMW BMW BMW .............................................. .............................................. .............................................. .............................................. 3 Series (HAH) 3 Series (non-HAH) 5 Series (HAH and non-HAH) X5 SUV (HAH and non-HAH) Freightliner ..................................... Sprinter (non-HAH) Chrysler ......................................... Chrysler ......................................... Chrysler ......................................... Dodge ............................................ Dodge ............................................ Dodge ............................................ 300, 300C, SRT8 (non-HAH) 300, 300C, SRT8 (HAH and non-HAH) 300, 300C, SRT8 (HAH) Aspen (HAH and non-HAH) Challenger (non-HAH) Challenger (HAH) Jkt 238001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\16NON1.SGM 16NON1 Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices 2006–2008 ............................... 2009–2010 ............................... 2005–2011 ............................... 2004–2008 ............................... 2005 ......................................... 2006–2008 ............................... 2004–2005 ............................... 2003 ......................................... 2006–2009 ............................... 2006 ......................................... 2007–2008 ............................... 2008–2010 ............................... 2007–2008 ............................... Ford: 2005–2006 ............................... 2005–2008 ............................... 2009–2014 ............................... 2006 ......................................... GM: 2003–2007 ............................... 2007–2008 ............................... Dodge Dodge Dodge Dodge Dodge Dodge Dodge Dodge Dodge Dodge Dodge Dodge Dodge Ford Ford Ford Ford ............................................ ............................................ ............................................ ............................................ ............................................ ............................................ ............................................ ............................................ ............................................ ............................................ ............................................ ............................................ ............................................ ............................................... ............................................... ............................................... ............................................... Pontiac ........................................... Chev/GMC ..................................... Charger (non-HAH) Charger (HAH and non-HAH) Dakota (HAH and non-HAH) Durango (HAH and non-HAH) Magnum (HAH) Magnum (non-HAH) Ram 1500 Pickup (HAH) Ram 1500, 2500, 3500 Pickup (HAH and non-HAH) Ram 1500, 2500, 3500 Pickup (HAH and non-HAH) Ram 2500 (HAH) Ram 3500 Cab Chassis (HAH and non-HAH) Ram 4500, 5500 Cab Chassis (HAH and non-HAH) Sprinter (non-HAH) GT (HAH) Mustang (non-HAH) Mustang (HAH) Ranger (HAH) Vibe (non-HAH) Silverado/Sierra (HAH) Priority Group 2 continued . . . Priority Group 2 continued from prior page . . . Honda: 2003–2006 ............................... 2004–2007 ............................... 2004–2005 ............................... 2004–2005 ............................... 2005–2006 ............................... 2003–2006 ............................... 2007–2011 ............................... 2003–2007 ............................... 2003–2004 ............................... 2002–2004 ............................... 2006–2008 ............................... 2004–2007 ............................... 2006 ......................................... Mazda: 2003–2008 ............................... 2004–2006 ............................... 2004–2005 ............................... 2004–2008 ............................... 2006–2007 ............................... Mitsubishi: 2004–2006 ............................... 2004 ......................................... 2006–2009 ............................... Nissan: 2003 ......................................... 2001 ......................................... 2002–2003 ............................... 2002–2003 ............................... 2001–2003 ............................... 2002–2004 ............................... 2004–2006 ............................... Subaru: 2003–2005 ............................... Acura ............................................. Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ Honda ............................................ MDX (HAH and non-HAH) Accord (HAH and non-HAH) Civic (non-HAH) Civic Hybrid (non-HAH) CR–V (HAH) CR–V (non-HAH) Element (HAH) Element (non-HAH) Odyssey (HAH) Odyssey (non-HAH) Pilot (HAH) Pilot (non-HAH) Ridgeline (non-HAH) Mazda Mazda Mazda Mazda Mazda Mazda6 (non-HAH) B-Series (HAH) MPV (HAH) RX8 (non-HAH) Speed6 (HAH) ............................................ ............................................ ............................................ ............................................ ............................................ Mitsubishi ....................................... Mitsubishi ....................................... Mitsubishi ....................................... Lancer, Lancer Evolution (non-HAH) Lancer Sportback (non-HAH) Raider (non-HAH) Infiniti ............................................. Infiniti ............................................. Infiniti ............................................. Infiniti ............................................. Nissan ............................................ Nissan ............................................ Nissan ............................................ FX (HAH) I30 (HAH) I35 (HAH) QX4 (non-HAH) Maxima (HAH) Pathfinder (HAH and non-HAH) Sentra (HAH and non-HAH) Subaru ........................................... Legacy, Outback, Baja (HAH) tkelley on DSK3SPTVN1PROD with NOTICES Priority Group 2 continued . . . Priority Group 2 continued from prior page . . . Toyota: 2007 ......................................... 2003–2007 ............................... 2003–2007 ............................... 2004–2005 ............................... 2002–2004 ............................... 2005–2007 ............................... 2003–2004 ............................... 2005–2006 ............................... Lexus ............................................. Toyota ............................................ Toyota ............................................ Toyota ............................................ Toyota ............................................ Toyota ............................................ Toyota ............................................ Toyota ............................................ SC430 (non-HAH) Corolla (non-HAH) Matrix (non-HAH) RAV4 (HAH and non-HAH) Sequoia (HAH) Sequoia (non-HAH) Tundra (HAH) Tundra (non-HAH) PRIORITY GROUP 3 BMW: 2000–2001 ............................... VerDate Sep<11>2014 19:47 Nov 13, 2015 BMW .............................................. Jkt 238001 PO 00000 Frm 00127 Fmt 4703 3 Series (non-HAH) Sfmt 4703 E:\FR\FM\16NON1.SGM 16NON1 70873 70874 Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices Daimler Vans USA: 2007–2008 ............................... 2007–2008 ............................... Ford: 2005–2006 ............................... 2009–2014 ............................... 2004–2006 ............................... GM: 2007–2008 ............................... 2005 ......................................... Honda: 2005 ......................................... 2008–2011 ............................... 2008 ......................................... Mazda: 2004–2006 ............................... Nissan: 2003 ......................................... 2004–2005 ............................... 2001 ......................................... 2002–2004 ............................... 2006 ......................................... 2001–2003 ............................... Subaru: 2004–2005 ............................... 2003–2004 ............................... Toyota: 2002–2006 ............................... 2002–2004 ............................... 2003–2004 ............................... Freightliner ..................................... Dodge ............................................ Sprinter (non-HAH) Sprinter (non-HAH) Ford ............................................... Ford ............................................... Ford ............................................... GT (non-HAH) Mustang (non-HAH) Ranger (non-HAH) Chev/GMC ..................................... GM-Saab ....................................... Silverado/Sierra (non-HAH) 9–2X (non-HAH) Honda ............................................ Honda ............................................ Honda ............................................ RL (HAH and non-HAH) Element (non-HAH) Pilot (non-HAH) Mazda ............................................ B-Series (non-HAH) Infiniti ............................................. Infiniti ............................................. Infiniti ............................................. Infiniti ............................................. Infiniti ............................................. Nissan ............................................ FX (non-HAH) FX (HAH and non-HAH) I30 (non-HAH) I35 (HAH and non-HAH) M (HAH and non-HAH) Maxima (non-HAH) Subaru ........................................... Subaru ........................................... Impreza/WRX/STI (non-HAH) Legacy, Outback, Baja (non-HAH) Lexus ............................................. Toyota ............................................ Toyota ............................................ SC430 (HAH and non-HAH) Sequoia (non-HAH) Tundra (non-HAH) [FR Doc. 2015–28924 Filed 11–13–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–RSPA 2000–7486; PDs 8(R)–11(R)] Hazardous Materials: California and Los Angeles County Requirements Applicable to the On-Site Handling and Transportation of Hazardous Materials Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Decision on petitions for reconsideration of administrative determinations of preemption. tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: 19:47 Nov 13, 2015 Jkt 238001 Vincent Lopez or Joseph Solomey, Office of Chief Counsel (PHC–10), Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001 (Tel. No. 202–366–4400). SUPPLEMENTARY INFORMATION: I. Background Petitioners: Hasa, Inc., National Propane Gas Association, National Tank Truck Carriers, Inc., Pioneer Chlor Alkali Company, Inc., The Society of the Plastics Industry, Inc. State and Local Laws Affected: California Health & Safety Code (CHSC), Chapter 6.95, Los Angeles County Code (LACoC), Titles 2 and 32. Mode Affected: Rail. SUMMARY: Federal hazardous material transportation law does not preempt California and Los Angeles County requirements on (1) the unloading of hazardous materials from rail tank cars by a consignee and (2) the consignee’s on-site storage of hazardous materials VerDate Sep<11>2014 following delivery of the hazardous materials to their destination and departure of the carrier from the consignee’s premises or private track adjacent to the consignee’s premises. This is a decision on petitions for reconsideration of PHMSA’s determinations of preemption regarding certain of the State of California and Los Angeles County requirements applicable to unloading of hazardous materials from rail tank cars and the on-site storage of hazardous materials in rail tank cars or after unloading. The filing of these petitions for reconsideration rendered PHMSA’s determinations of preemption non-final. With this decision on the petitions for reconsideration, the determinations of preemption that PHMSA was asked to reconsider become final. A. Preemption Determinations (PDs) Nos. 8(R)–11(R) In PDs Nos. 8(R)–11(R), published in the Federal Register on February 15, PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 1995 (60 FR 8774), PHMSA 1 considered certain requirements of the State of California and Los Angeles County applicable to unloading of hazardous materials from rail tank cars and the onsite storage of hazardous materials in rail tank cars or after unloading. In these determinations, PHMSA responded to applications by the Swimming Pool Chemical Manufacturers Association (SPCMA) and one of its members, Hasa, Inc. (Hasa), questioning whether Federal hazardous material transportation law, 49 U.S.C. 5101 et seq., preempts the definition or classification of compressed gases and cryogenic fluids in the Uniform Fire Code (adopted in Title 32 of the Los Angeles County Code [LACoC]) and requirements on: • Permits to store, transport, or handle these materials; • unloading and storage of these materials, including the design and construction of tanks and containers; • markings on containers of cryogenic liquids; 1 Effective February 20, 2005, PHMSA was created to further the ‘‘highest degree of safety in pipeline transportation and hazardous materials transportation,’’ and the Secretary of Transportation redelegated hazardous materials safety functions from the Research and Special Programs Administration (RSPA) to PHMSA’s Administrator. 49 U.S.C 108, as amended by the Norman Y. Mineta Research and Special Programs Improvement Act (Pub. L. 108–426, § 2, 118 Stat. 2423 (Nov. 30, 2004)), and 49 CFR 1.97(b), as redesignated at 77 FR 49964, 4987 (Aug. 17, 2012). For convenience, this decision refers to ‘‘PHMSA’’ in discussing actions taken by RSPA before February 20, 2005. E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Notices]
[Pages 70866-70874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28924]



[[Page 70866]]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0055]


Coordinated Remedy Order With Annex A; Coordinated Remedy Program 
Proceeding

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

ACTION: Coordinated Remedy Order.

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

DATES: Effective date: This Coordinated Remedy Order went into effect 
on November 3, 2015.
    Order: This Coordinated Remedy Order (``Order'') is issued by the 
Administrator of the National Highway Traffic Safety Administration 
(``NHTSA''), an operating administration of the U.S. Department of 
Transportation. Pursuant to NHTSA's 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., and specifically, 49 
U.S.C. 30118-30120, 30120(a)(1), 30120(c)(2)-(3), 30166(b), 30166(c), 
30166(e), 30166(g)(1), and 49 CFR 573.6, 573.14, this Coordinated 
Remedy Order establishes a Coordinated Remedy Program and sets forth 
the requirements and obligations of certain motor vehicle manufacturers 
\1\ and TK Holdings, Inc., (``Takata'') in connection with the recall 
and remedy of certain types of Takata air bag inflators.
---------------------------------------------------------------------------

    \1\ Currently, BMW of North America, LLC (``BMW''), FCA US, LLC 
(``FCA'') (formerly Chrysler), Daimler Trucks North America, LLC 
(``Daimler Trucks''), Daimler Vans USA, LLC (``Daimler Vans''), 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''). In accordance with Paragraphs 45, 46, and 48 below, 
this list may expand at some future date to include other motor 
vehicle manufacturers who have sold or otherwise made available in 
the United States motor vehicles equipped with Takata air bag 
inflators containing phase-stabilized ammonium nitrate.
---------------------------------------------------------------------------

I. Nature of the Matter and Findings

    1. On June 5, 2015, NHTSA opened the Coordinated Remedy Program 
Proceeding and public Docket Number NHTSA-2015-0055 to address the 
recalls of certain Takata air bag inflators, which together constitute 
the largest Safety Act recall in NHTSA's history and one of the largest 
consumer product recalls in United States history. See Notice of 
Coordinated Remedy Program Proceeding for the Replacement of Certain 
Takata Air Bag Inflators, 80 FR 32,197 (June 5, 2015). As of the date 
of this Order, the number of recalled air bag inflators (currently, 
approximately 23 million), impacted vehicles (currently, approximately 
19 million), and affected vehicle manufacturers (currently, twelve), in 
combination with the potential for expansion of existing recalls and 
issuance of new recalls, and the remedy part supply challenges related 
to the existing recalls, presents an unprecedented level of complexity 
to the routine recall and remedy process. Given the potential severity 
of the harm to vehicle occupants when an inflator rupture occurs and 
the wide-spread exposure to the risk across a large vehicle population, 
the risk of harm presented by the defective Takata air bag inflators 
transcends the scope of the processes ordinarily followed in a recall 
under the Safety Act. Accordingly, for the reasons that follow, and 
upon consideration of the entire record in this proceeding, NHTSA now 
issues this Order.

Factual Background

    2. An air bag inflator (``inflator'') is a component inside an air 
bag module that contains explosive materials \2\ which, when ignited, 
rapidly release gases to inflate air bags that protect vehicle 
occupants in vehicle crashes. Because inflators must fit into small and 
unique spaces including vehicle steering wheels and front instrument 
panels (i.e., dashboards), and because they must also satisfy specific 
performance requirements, inflators must meet exacting size and 
configuration requirements for each air bag module they are paired with 
and each vehicle in which they are installed. When functioning 
properly, air bag inflators are life-saving devices.
---------------------------------------------------------------------------

    \2\ More precisely, air bag inflators contain pyrotechnic 
propellants, stored high pressure gases, or a combination of the 
two. To aid the reader's understanding, by using more familiar 
terminology, this is described herein as an ``explosive.''
---------------------------------------------------------------------------

    3. The first recall involving a rupturing Takata driver side 
frontal air bag inflator was initiated by Honda on November 11, 2008. 
At that time, the defect was thought to be the result of a specific 
manufacturing issue involving a propellant press at Takata's Moses 
Lake, Washington plant. Due to various purported discrepancies in 
Takata's record keeping for the affected parts, and changing theories 
as to the root cause of the defect, Honda expanded the scope of the 
recall several times between 2009 and 2011.
    4. The first recall involving a rupturing Takata passenger side 
frontal air bag inflator was initiated by Takata on April 11, 2013, and 
involved BMW, Honda, Mazda, Nissan, and Toyota. At that time, the 
defect was thought by Takata to be the result of two specific 
manufacturing issues: (1) The possibility that the auto-reject function 
on a propellant press had been manually disabled, and (2) the 
possibility that certain propellant lots were exposed to uncontrolled 
moisture conditions at Takata's Monclova, Mexico plant. In 2013 and 
2014, GM recalled vehicles to address separate manufacturing problems 
specific to a limited number of inflators Takata supplied only to GM.
    5. Between August 2013 and April 2014, NHTSA received three Vehicle 
Owner Questionnaires (VOQs) that alleged air bag inflator ruptures in 
vehicles outside the scope of the prior driver side and passenger side 
frontal air bag inflator recalls. In late May 2014, Takata confirmed 
the three ruptures with NHTSA's Office of Defects Investigation (ODI), 
and notified ODI of an additional three ruptures (for a total of six 
rupture incidents between August 2013 and May 2014). All of these 
ruptures occurred in vehicles experiencing long-term exposure to hot 
and humid climate conditions in Florida and Puerto Rico.
    6. On June 10, 2014, at NHTSA's urging, Takata and the affected 
vehicle manufacturers agreed to initiate various field actions in 
Florida, Hawaii, Puerto Rico, and the U.S. Virgin Islands. The data 
supporting these field actions indicated that certain Takata frontal 
air bag inflators in regions prone to consistent long-term \3\ exposure 
to high absolute humidity (``HAH'') and high temperatures posed a 
safety risk. The field actions were designed to mitigate the 
demonstrated risks in the HAH region, to make inflators available for 
future testing, and to produce data to guide future actions.
---------------------------------------------------------------------------

    \3\ Consistent long-term exposure means multiple years of mostly 
continuous exposure throughout the year. It is not seasonal 
exposure.
---------------------------------------------------------------------------

    7. On June 11, 2014, NHTSA opened a preliminary evaluation (PE14-
016) to investigate the six identified rupture incidents involving 
driver side and passenger side frontal air bag inflators manufactured 
by Takata.
    8. During the period of October through December 2014, at NHTSA's 
direction, field actions were converted to recalls and the recalls were 
expanded, though some recalls remained limited to certain regions with 
higher absolute humidity. Also during this period, NHTSA urged Takata 
and the affected vehicle manufacturers to, among other things, speed up 
the

[[Page 70867]]

remedy programs by increasing the supply of remedy air bag inflators. 
NHTSA emphasized the need to promptly and effectively remedy the 
serious safety risk posed to consumers by the defective Takata air bag 
inflators. Further, as part of its ongoing investigation and oversight, 
NHTSA issued two Special Orders to Takata on October 30, and November 
18, 2014, a Special Order to Honda on November 5, 2014, and General 
Orders to BMW, FCA, Ford, GM, Honda, Mazda, Mitsubishi, Nissan, Subaru, 
Toyota, and Takata on November 18, 2014. All these Special and General 
Orders were designed and issued by NHTSA to obtain additional data 
required to assess and mitigate the risk of harm to the motoring 
public.
    9. On November 18, 2014, NHTSA demanded that the five vehicle 
manufacturers with affected driver side frontal air bag inflators 
expand their regional field actions and conduct nationwide actions. 
This decision was based on, among other things, NHTSA's evaluation of a 
driver side frontal air bag failure in a vehicle outside the existing 
regional recall area. In response, beginning in December 2014, BMW, 
FCA, Ford, Honda and Mazda initiated national service campaigns or 
safety improvement campaigns on vehicles with driver side frontal air 
bag inflators.
    10. On November 26, 2014, NHTSA demanded that Takata submit Defect 
Information Reports (``DIRs'') of driver side frontal air bag 
inflators. While Takata declined to do so in a December 2, 2014 
response, NHTSA continued to insist that Takata accept responsibility 
for the rupturing air bag inflators and file DIRs.
    11. On February 24, 2015, NHTSA upgraded PE14-016 to an engineering 
analysis (EA15-001).
    12. On May 18, 2015, after NHTSA's consistent demands, and pursuant 
to its legal obligations under the Safety Act, 49 U.S.C. 30118(c)(1) 
and 49 CFR 573.6(c), Takata filed four DIRs with NHTSA (15E-040, 15E-
041, 15E-042, 15E-043) (``Takata DIRs''). In the Takata DIRs, Takata 
admitted that certain types of air bag inflators manufactured by Takata 
with a phase-stabilized ammonium nitrate-based propellant 
(specifically, the PSDI, PSDI-4, PSDI-4K, SPI, PSPI and PSPI-L) contain 
defects constituting an unreasonable risk to safety.
    13. Between May 13, 2015 and June 24, 2015, BMW, FCA, Daimler 
Trucks,\4\ Daimler Vans, Ford, GM, Honda, Mazda, Mitsubishi, Nissan, 
Subaru, and Toyota (the ``Initial Vehicle Manufacturers'') each filed 
DIRs with NHTSA for vehicles containing the air bag inflators covered 
by the Takata DIRs (the ``Inflator Recalls'').
---------------------------------------------------------------------------

    \4\ Daimler Trucks' remedy program of approximately 2,500 
vehicles is being conducted in cooperation with FCA.
---------------------------------------------------------------------------

    14. As part of the Coordinated Remedy Program Proceeding, launched 
on June 5, 2015, NHTSA sought information from each of the Initial 
Vehicle Manufacturers, Takata, and other major inflator suppliers \5\ 
(the ``Suppliers''). As an initial matter, this included gathering data 
from the Initial Vehicle Manufacturers, Takata, and the other Suppliers 
through correspondence, and a Special Order to Takata, sent on June 18 
and 19, 2015.\6\ Thereafter, each of these companies provided answers 
responsive to NHTSA's correspondence, which were available in the 
public docket.
---------------------------------------------------------------------------

    \5\ ARC Automotive, Inc. (``ARC''), Autoliv Americas 
(``Autoliv''), Key Safety Systems (``Key Safety''), Toyoda Gosei 
North America Corporation (``Toyoda''), Daicel Safety Systems 
America, LLC (``Daicel''), and TRW Automotive (``TRW'') which has 
subsequently become ZF TRW (``ZF TRW'').
    \6\ The correspondence sent to Takata and each of the Suppliers 
and Initial Vehicle Manufacturers, and their responses, are 
available for inspection in public Docket Number NHTSA-2015-0055. 
Given NHTSA's ongoing investigation into the defective Takata air 
bag inflators under EA15-001, the correspondence sent to Takata was 
in the form of a Special Order, with a cover letter. As with the 
other industry responses to the correspondence of June 18-19, 
Takata's response to the Special Order was made publicly available 
as a comment to the Docket.
---------------------------------------------------------------------------

    15. Among other things, NHTSA engaged in numerous teleconferences 
and in-person meetings with the Suppliers to enhance NHTSA's 
understanding of, among other things, each Supplier's current 
production capacities, capabilities or plans for increasing production, 
existing contractual obligations, and product reliability. NHTSA also 
engaged in teleconferences and in-person meetings with the Initial 
Vehicle Manufacturers to enhance NHTSA's understanding of, among other 
things, each Vehicle Manufacturer's anticipated timelines for receipt 
of replacement air bag units, anticipated timelines for remedy program 
launch and completion, number of impacted vehicles, number of 
replacement air bag units needed, and plans and efforts for promptly 
conducting recall remedies and effectively reaching consumers.
    16. On September 22, 2015, NHTSA gathered supplemental data from 
additional vehicle manufacturers that NHTSA had learned were supplied 
with Takata air bag inflators containing phase-stabilized ammonium 
nitrate (``PSAN'') \7\ not covered by the Takata DIRs (collectively, 
the ``Potential Expansion Vehicle Manufacturers''). Thereafter, each of 
these companies provided public comments to the docket responsive to 
the questions and issues raised in NHTSA's correspondence.
---------------------------------------------------------------------------

    \7\ Correspondence was sent to Jaguar Land Rover North America, 
LLC (``Jaguar''); Mercedes-Benz US, LLC (``Mercedes-Benz''); Spartan 
Motors, Inc. (``Spartan''); Suzuki Motor of America, Inc. 
(``Suzuki''); Tesla Motors, Inc. (``Tesla''); Volkswagen Group of 
America, Inc. (``Volkswagen''); and Volvo Trucks NA (``Volvo''). The 
correspondence to each of these vehicle manufacturers, and their 
responses, are available for public inspection in public Docket 
Number NHTSA-2015-0055.
---------------------------------------------------------------------------

    17. On September 23 and 24, 2015, NHTSA convened problem-solving 
meetings with the Initial Vehicle Manufacturers to examine aggregate 
data and engage in a collaborative risk analysis to aid NHTSA in 
developing a principled, rational, risk-mitigation based approach for 
the prioritization and phasing of recall plans. Factors considered 
included those currently associated with a higher risk of inflator 
rupture, specifically: age of the inflator (with older inflators 
presenting a greater risk); geographic location of vehicles with the 
recalled inflators (with HAH areas presenting a greater risk); position 
of the inflator in the vehicle (with the driver side frontal air bag 
inflator presenting a greater risk of serious injury or death when a 
rupture occurs); and the presence of recalled inflators in both the 
driver and passenger side airbag modules. During the meetings, the 
Initial Vehicle Manufacturers provided input on factors supporting a 
technically supported risk-assessment methodology for the Inflator 
Recalls. Following the meeting, each Initial Vehicle Manufacturer 
submitted a vehicle prioritization list that applied these factors, and 
other factors specific to their products, that prioritized vehicles 
into three risk categories. NHTSA analyzed these submissions and 
determined that the Initial Vehicle Manufacturers generally identified 
reasonable and appropriate priority groups based on the evidence known 
at this time.
    18. Throughout this process, the public has been able to engage in 
this dialogue through submissions to the public Docket, NHTSA-2015-
0055. In addition to the actions set forth above, NHTSA reviewed and 
considered all public comments to the docket.
    19. While Takata is a manufacturer of air bag inflators, other 
Suppliers also manufacture inflators, some of which closely match the 
performance requirements of the original Takata inflator and thus can 
be modified and safely installed in Takata air bag modules for use as 
remedy parts for the

[[Page 70868]]

Inflator Recalls. This is significant because Takata alone does not 
have sufficient manufacturing capacity to produce remedy inflators for 
the Initial Vehicle Manufacturers within an adequate timeframe. 
According to Takata, it was capable of manufacturing approximately 
85,000 replacement kits per week as of October 30, 2014. Takata's 
production capacity increased to 91,000 replacement kits per week by 
December 1, 2014, and to 122,000 replacement kits per week by January 
26, 2015. By July 2015, Takata reported to NHTSA that, in May 2015, it 
had produced approximately 730,000 remedy inflators and 1,167,000 
remedy kits, which included inflators obtained from other Suppliers. 
Takata further reported that these numbers were expected to reach 
850,000 remedy inflators and 1,900,000 remedy kits produced per month, 
including inflators obtained from other Suppliers, by October 2015. 
Takata also reported that, as of June 2015, it had produced a total of 
approximately 8,900,000 replacement inflators. However, this production 
is not all directed to the U.S. market; it also serves the global 
market requiring replacement air bag inflators. Even at the increased 
rate of nearly 850,000 remedy inflators per month by October 2015, if 
working alone it would take Takata at least twenty-seven (27) months to 
produce enough remedy inflators for the Inflator Recalls, assuming all 
of that production went solely to the United States market.
    20. Further, some of the Takata driver inflators, sometimes 
referred to as containing propellant in the shape of a ``batwing,'' 
have been used as interim replacement parts that will degrade if 
continuously exposed to long-term to HAH conditions, and are themselves 
subject to recall. These inflators will not be used as a final remedy 
of driver side frontal air bags. Further, Takata's passenger side 
frontal air bag inflators subject to the Inflator Recalls have not 
previously been recalled for vehicles later than model year 2008.
    21. The Initial Vehicle Manufacturers recognized the need to 
increase the remedy parts supply in order to have sufficient remedy 
parts available. To do so, they were required find alternative 
suppliers to meet their demands for remedy air bag inflator parts. The 
Initial Vehicle Manufacturers found that necessary alternative supply 
source in other inflator suppliers, specifically, Autoliv, Daicel, and 
ZF TRW (collectively, the ``Alternative Inflator Suppliers'').
    22. According to Takata, in October 2015, the Alternative Inflator 
Suppliers were scheduled to provide over 1.9 million remedy inflator 
parts per month for installation in remedy air bag kits. This totaled 
approximately seventy percent (70%) of the 2.8 million remedy inflator 
kits produced by Takata that month for global demand. Nonetheless, the 
sheer volume of remedy parts required across the vehicle manufacturing 
industry, for both U.S. and foreign markets, has created challenges for 
the Initial Vehicle Manufacturers in obtaining sufficient remedy parts 
to remedy all of the recalled inflators within a reasonable time.
    23. Despite the efforts of each of the Initial Vehicle 
Manufacturers to procure remedy parts in a timely fashion, some vehicle 
manufacturers will not be able to obtain sufficient remedy parts to 
launch their remedy programs, in part or in full, until late 2015 or 
early 2016, more than six (6) months after filing their initial DIRs in 
regard to the Inflator Recalls.
    24. Further, pursuant to a November 3, 2015 Consent Order to Takata 
(``November 2015 Takata Consent Order''), additional Takata air bag 
inflators not previously subject to a recall may need to be replaced. 
This would cause the Potential Expansion Vehicle Manufacturers to join 
the existing field of Initial Vehicle Manufacturers (collectively, the 
``Vehicle Manufacturers'') in need of remedy air bag inflator parts.
    25. Each time Takata air bag inflator recalls are issued under the 
November 2015 Takata Consent Order, or current recalls are expanded, 
similar challenges will arise for the Vehicle Manufacturers regarding 
supply chain and the need for risk-assessments based on principled 
rationales that utilize the most-current available science and data.
    26. Throughout this sequence of events, Takata has conducted 
inflator testing in an effort to determine the ``root cause'' of the 
inflator ruptures and, by testing modules recovered from vehicles that 
have been remedied, to determine which inflators posed the greatest 
risk of rupture. While production issues at Takata manufacturing plants 
in Monclova, Mexico and Moses Lake, Washington, were identified early 
on as the purported root cause in some rupture incidents, those 
theories (even if correct) do not account for the ongoing issues with 
inflator rupture. For example, inflators installed in vehicles spending 
many consecutive years of their service lives in hot and humid climates 
have also ruptured even though they appear to have been manufactured 
within Takata's specifications. While Takata now believes that the 
ruptures are related to long-term exposure to HAH conditions, their 
root cause testing has not produced any conclusive answers regarding 
why the inflators rupture.
    27. Moreover, Takata has been unable to provide a definitive 
explanation for other inflators rupturing, including the rupture of an 
SSI-20 side air bag inflator on June 7, 2015, in a Volkswagen vehicle 
involved in a crash, or the rupture of a PSDI-X inflator during 
Takata's testing of an air bag module on September 29, 2015 with a 
resulting recall by Honda. Takata has also been unable to definitively 
explain the October 2015, rupture of an SSI-20 inflator during Takata 
quality control testing. It therefore appears to the agency that Takata 
continues to have ongoing quality control issues with the volatile, 
explosive compound it has chosen as the propellant for most of its air 
bag inflators: PSAN.
    28. While the ultimate responsibility for determining root cause 
rests squarely with Takata, testing has also been conducted by NHTSA 
and third parties in an effort to establish the root cause of the 
defect and to verify the results of Takata's testing of inflators 
returned from the field. NHTSA has conducted testing through Battelle 
Memorial Institute, 3D Engineering Solutions, and the Transportation 
Research Center of Ohio, testing organizations located in Ohio, to 
verify Takata's test results and examine the root cause of the defect. 
Testing has also been undertaken by the Independent Testing Coalition 
(``ITC''), which is comprised of BMW, FCA, Ford, GM, Honda, Mazda, 
Mitsubishi, Nissan, Subaru, and Toyota. Orbital ATK, a testing company 
located in Utah, has commenced testing on behalf of the ITC, and hopes 
to conclude root cause analysis in 2016. Multiple individual vehicle 
manufacturers have also conducted testing in efforts to confirm 
Takata's results or establish root cause for the defect. While this 
multitude of independent testing efforts have largely confirmed the 
observations made and patterns identified from Takata's test results, 
none of these efforts has identified any specific root cause(s) for the 
propellant failures and inflator ruptures. While progress is being 
made, it is unknown when, or if, root cause will ever be definitively 
determined.
    29. Without a conclusive determination of root cause, the source of 
the problems with certain Takata inflators remains unknown. What is 
known, however, is that the propellant in inflators covered by the 
Inflator Recalls and the recalls within the scope of this Order have, 
at various rates of frequency, a propensity to ignite and/or

[[Page 70869]]

burn in an unexpected way that may cause the pressure inside the 
inflator to increase too quickly, causing the inflator to rupture. That 
rupture causes the metal canister of the inflator to break away in hot, 
shrapnel-like fragments, which shoot out of the air bag into the 
passenger cabin and towards the driver or any occupants who are nearby.
    30. As of October 30, 2015, there have been 99 confirmed incidents 
in the United States where a ruptured Takata air bag inflator allegedly 
caused death or injury. Many of these incidents resulted in serious 
injury to vehicle occupants. In seven of the incidents, the vehicle's 
driver died as a result of injuries sustained from the rupture of the 
air bag inflator. In other incidents, vehicle occupants suffered 
injuries including cuts or lacerations to the face or neck, broken or 
fractured facial bones, loss of eyesight, and broken teeth. The risk of 
these tragic consequences is greatest for individuals sitting in the 
driver seat, where one in ten individuals' whose air bag inflator 
ruptured has died.

Findings

    Based upon the agency's analysis and judgment, and upon 
consideration of the entire record, NHTSA finds that:
    31. (1) There is a risk of serious injury or death if the remedy 
program of each of the Initial Vehicle Manufacturers is not 
accelerated; (2) acceleration of each Initial Vehicle Manufacturer's 
remedy program can be reasonably achieved by expanding the sources of 
replacement parts; and (3) each Initial Vehicle Manufacturer's remedy 
program is not likely to be capable of completion within a reasonable 
time without acceleration.
    32. Each air bag inflator with the capacity to rupture, as the 
recalled Takata inflators do, presents an unreasonable risk of serious 
injury or death. Seven individuals have already been killed in the 
United States alone, with at least 92 more injured. Since the 
propensity for rupture increases with the age of the inflator, and 
increases even more when the vehicle has been exposed to consistent 
long-term HAH conditions, the risk for injurious or lethal rupture 
increases with each passing day. While each of the Initial Vehicle 
Manufacturers has made efforts towards the remedy of these defective 
air bag inflators, acceleration and coordination of the inflator remedy 
programs is necessary to reduce this risk to public safety. 
Acceleration and coordination will enable vehicle manufacturers to 
establish priorities based on principled rationales for risk-
assessment, coordinate on safety-focused efforts to successfully 
complete their respective remedy programs, and allow for the 
organization and prioritization of remedy parts, if and as needed, with 
NHTSA's oversight.
    33. Acceleration of the inflator remedy programs can be reasonably 
achieved by, among other things, expanding the sources of replacement 
parts. This acceleration can be accomplished in part by a vehicle 
manufacturer contracting with any of the Alternative Inflator Suppliers 
for remedy parts as Takata cannot manufacture sufficient remedy parts 
in a reasonable time for the estimated 23 million inflators in the U.S. 
market alone that require remedy under the Inflator Recalls.
    34. In light of all the circumstances, including the safety risk 
discussed above, the Initial Vehicle Manufacturers' recall remedy 
programs are not likely capable of completion within a reasonable 
amount of time without acceleration of each remedy program. It is 
critical to the timely completion of each remedy program that the 
Initial Vehicle Manufacturers obtain remedy inflators from sources 
other than Takata. Takata's inflator production for October 2015 will 
make up only around thirty percent (30%) of the remedy inflators 
produced that month. Further, Takata's ability to supply remedy parts 
going forward may decrease, such that other Suppliers will need to fill 
the resulting void.
    35. Pursuant to the conditions for expansion of the recalls in the 
Takata DIRs for Recall Nos. 15E-042 and 15E-043, Paragraphs 27-30 of 
the November 2015 Takata Consent Order, and as otherwise agreed by 
Takata, and after consultation throughout this Coordinated Remedy 
Program Proceeding with Takata and all of the vehicle manufacturers 
affected by said Recalls, NHTSA further finds that continued testing 
and analysis of Takata air bag inflators is necessary. If circumstances 
warrant the issuance of an Order expanding the production or geographic 
scope of the Inflator Recalls, the agency will do so in accordance with 
the November 2015 Takata Consent Order.
    36. The issuance of this Coordinated Remedy Order is an appropriate 
exercise of NHTSA's authority under the Safety Act, 49 U.S.C. Sec.  
30101, et seq., as delegated by the Secretary of Transportation, 49 CFR 
Sec. Sec.  1.95, 501.2(a)(1), to inspect and investigate, 49 U.S.C. 
Sec.  30166(b)(1), to ensure that defective vehicles and equipment are 
recalled and remedied and that owners are notified of a defect and how 
to have the defect remedied, 49 U.S.C. Sec. Sec.  30118-30120, to 
ensure the adequacy of the remedy, including through acceleration of 
the remedy program, 49 U.S.C. Sec.  30120(c), to require vehicle 
manufacturers and equipment manufacturers to keep records and make 
reports, 49 U.S.C. Sec.  30166(e), and to require any person to file 
reports or answers to specific questions, 49 U.S.C. Sec.  30166(g).
    37. This Coordinated Remedy Order, developed after taking into 
account the input and concerns of each of the Vehicle Manufacturers, 
Suppliers, Takata, other interested parties and the public, will reduce 
the risk of serious injury or death to the motoring public and enable 
the Initial Vehicle Manufacturers and Takata to implement, and 
complete, the necessary remedy programs on an accelerated basis.
    Accordingly, it is hereby ordered by NHTSA as follows:

II. Terms of the Coordinated Remedy Order

Priority Groups and Target Recall Program Completion Deadlines for the 
Coordinated Remedy Program

    38. Each Initial Vehicle Manufacturer has previously submitted to 
NHTSA a vehicle prioritization plan based on a risk-assessment that 
takes into account the primary factors related to Takata inflator 
rupture, as currently known and understood, and other factors specific 
to that vehicle manufacturer's products. The primary factors utilized 
by all of the Initial Vehicle Manufacturers are: (1) Age of the 
inflator (with older presenting a greater risk of rupture); (2) 
geographic location of the inflator (with continuous long-term exposure 
to high absolute humidity [``HAH''] areas,\8\ as defined by each 
vehicle manufacturer, presenting a greater risk of rupture); and (3) 
location of the Takata inflator in the vehicle (with both driver side 
and passenger side frontal air bag inflators in the same vehicle 
presenting the greatest risk of rupture,\9\ and driver side only

[[Page 70870]]

presenting an elevated risk of rupture, resulting in serious injury or 
death). In order to timely and adequately complete its remedy program, 
each Initial Vehicle Manufacturer shall, pursuant to 49 U.S.C. 
30120(a)(1) and (c), carry out its remedy program in accordance with 
its prioritization plan as submitted to NHTSA. A complete listing of 
the vehicles in each priority group (``Priority Group'') developed 
using the above risk factors is attached hereto as Annex A,\10\ and is 
hereby incorporated by reference as if fully set forth herein. The 
Priority Groups are as follows:
---------------------------------------------------------------------------

    \8\ Each vehicle manufacturer has defined an HAH region for its 
vehicle prioritization and recall remedy program, resulting in 
slight variations as to which states and territories are included in 
the HAH area. However, all of the prioritizations include in the HAH 
area vehicles that were originally sold, or ever registered, in 
Alabama, Florida, Georgia, Hawaii, Louisiana, Mississippi, Texas, 
Puerto Rico, American Samoa, Guam, Saipan, and the U.S. Virgin 
Islands. None of the slight variations impact the risk mitigation 
established through this Order.
    \9\ All recalled Takata inflators have previously been 
determined to pose an unreasonable risk of death or serious injury 
in a crash, as established in the filing of each of the many DIRs 
for the recalled inflators. Comparative statements of risk in the 
priority groups are provided to explain relative risk among the 
inflators, all of which pose an unreasonable risk of death or 
serious injury in a crash.
    \10\ Because information about the risk factors may change 
throughout this Coordinated Remedy Program, these prioritizations 
are subject to change by a vehicle manufacturer, with NHTSA's 
oversight of the recall program including vehicle prioritization.
---------------------------------------------------------------------------

a. Priority Group 1
    Vehicles in Priority Group 1 are equipped with Takata inflators 
that pose the highest risk of rupture and thus the highest risk of 
injury or death to the vehicle occupants. Generally, Priority Group 1 
vehicles are currently model year 2008 and earlier, and have spent time 
\11\ in the HAH region, and have either a recalled driver side inflator 
or both recalled driver side and passenger side inflators in the same 
vehicle.
---------------------------------------------------------------------------

    \11\ While continuous long-term exposure to HAH is an identified 
risk factor, the Priority Groups take this into account by including 
in the risk-assessment vehicles originally sold or ever registered 
in the HAH region. Vehicle manufacturers are able to obtain 
registration information and have used that data in formulating 
their risk-assessment based Priority Groups.
---------------------------------------------------------------------------

b. Priority Group 2
    Vehicles in Priority Group 2 are equipped with Takata inflators 
that pose an intermediate risk of rupture; that is, a lower risk of 
rupture and resulting injury or death to vehicle occupants than the 
inflators and vehicles in Priority Group 1, but a higher likelihood of 
rupture and injury or death than vehicles in Priority Groups 3 and 4. 
Generally, Priority Group 2 includes: (1) All remaining vehicles with 
recalled driver side inflators (this includes, vehicles 2009 and newer, 
and/or vehicles with recalled driver inflators only that have not spent 
time in the HAH region), and; (2) vehicles with certain recalled 
passenger inflator types that have a higher rupture frequency and that 
have also spent time in the HAH region.
c. Priority Group 3
    Vehicles in Priority Group 3 are equipped with Takata inflators 
that pose an unreasonable risk of serious injury or death to vehicle 
occupants and should be remedied as soon as possible following the 
remedy of the highest risk vehicles in Priority Groups 1 and 2. The 
likelihood of these inflators rupturing is lower than Priority Groups 1 
and 2. Generally, Priority Group 3 includes the remaining vehicles, 
specifically, vehicles that are model year 2009 and later and either: 
(1) Are outside the HAH region and contain only a passenger side 
inflator, or; (2) are in the HAH region and contain a specific 
passenger side inflator type with a lower rupture rate (the PSPI type) 
than other passenger side inflator types.
d. Priority Group 4
    Some Initial Vehicle Manufacturers are replacing recalled inflators 
with newly manufactured ``like-for-like'' inflators while they work 
towards an alternative, final remedy. Vehicles in Priority Group 4 
include those vehicles with driver side frontal air bag inflators that 
have received, or will receive, an ``interim remedy,'' meaning they 
have been, or will be, remedied with a Takata inflator that has been 
recalled, and will require a second remedy once the final remedy is 
available.\12\ Once repaired with the interim remedy, these vehicles 
are at the lowest risk of an inflator rupture because the inflator is 
new and has not yet been subject to long-term continuous exposure to 
HAH conditions. Unless specifically added at a later date to a higher 
Priority Group for re-remedy by their vehicle manufacturer, all 
remaining vehicles requiring a second, final, remedy of the inflator(s) 
are included in Priority Group 4.
---------------------------------------------------------------------------

    \12\ NHTSA has entered into Remedy Agreements with BMW and 
Mazda, which can be found in the investigation file for EA15-001 on 
www.safercar.gov.
---------------------------------------------------------------------------

    39. Pursuant to their obligations to remedy a defect within a 
reasonable time, as set forth in 49 U.S.C. Sec.  30120(a)(1) and Sec.  
30120(c)(2), each Initial Vehicle Manufacturer shall acquire a 
sufficient supply of remedy parts to enable it to provide remedy parts, 
in a manner consistent with customary business practices, upon demand 
to dealers within their dealer network by the timelines set forth in 
this Paragraph. Each Initial Vehicle Manufacturer shall ensure that it 
has a sufficient supply of remedy parts on the following schedule:

------------------------------------------------------------------------
              Priority group                 Sufficient supply timelines
------------------------------------------------------------------------
Priority Group 1..........................  March 31, 2016.
Priority Group 2..........................  September 30, 2016.
Priority Group 3..........................  December 31, 2016.
------------------------------------------------------------------------

    40. Further pursuant to their obligations to remedy a defect within 
a reasonable time, as set forth in 49 U.S.C. Sec.  30120(a)(1) and 
Sec.  30120(c)(2), each Initial Vehicle Manufacturer shall implement 
and execute its recall remedy program pursuant to the Safety Act with 
the target deadline to complete the recall remedy program for all 
vehicles in Priority Groups 1 through 3 of December 31, 2017, and a 
target deadline to remedy all vehicles in Priority Group 4 of December 
31, 2019, as shown below:

------------------------------------------------------------------------
                                              Remedy completion target
              Priority group                          deadline
------------------------------------------------------------------------
Priority Group 1..........................  December 31, 2017.
Priority Group 2..........................  December 31, 2017.
Priority Group 3..........................  December 31, 2017.
Priority Group 4..........................  December 31, 2019.
------------------------------------------------------------------------

Remedy Completion Maximization Efforts

    41. Pursuant to 49 U.S.C. 30166(e), within 90 days of this Order, a 
vehicle manufacturer recalling inflators subject to this Order shall 
provide to NHTSA and the Monitor (as set forth at Paragraph 44 below), 
a written recall engagement process or plan for maximizing remedy 
completion rates for all vehicles covered by the Inflator Recalls. Such 
a process or plan shall, at a minimum, include but not be limited to 
the methodology and techniques presented at the Retooling Recalls 
Workshop \13\ held by NHTSA on April 28, 2015, at the U.S. Department 
of Transportation Headquarters.
---------------------------------------------------------------------------

    \13\ Each of the Initial Vehicle Manufacturers, other than 
Daimler Vans, registered to attend this Workshop. Presentations from 
the Workshop are available at: https://www.nhtsa.gov/nhtsa/symposiums/april2015/#.
---------------------------------------------------------------------------

    42. Pursuant to 49 U.S.C. 30166(e), a vehicle manufacturer 
recalling inflators subject to this Order shall, upon request, provide 
to NHTSA and the Monitor any and all information demonstrating the 
reasonableness of the efforts made by that vehicle manufacturer to 
maximize remedy completion rates.
    43. The facts relating to supply, demand, and root cause may change 
during this Coordinated Remedy Program. Pursuant to Paragraph 32 of the 
November 2015 Takata Consent Order, Takata shall continue to cooperate 
with NHTSA in all ways to coordinate and accelerate remedy programs, 
and to adequately remedy the air bag inflators covered by the Inflator 
Recalls.

Monitor

    44. Pursuant to Paragraphs 35 through 46 of the November 2015 
Takata

[[Page 70871]]

Consent Order, Takata has agreed to retain, at its sole cost and 
expense, an independent monitor (the ``Monitor''). The Monitor's 
authority includes, among other things, certain monitoring, review and 
assessment of progress of the Coordinated Remedy Program and of 
compliance with this Order. The powers, rights and responsibilities of 
the Monitor are set forth more fully in the November 2015 Takata 
Consent Order, which are hereby incorporated by reference as if fully 
set forth herein.
    a. The Monitor shall have the authority to take such reasonable 
steps, in the Monitor's view, as are necessary to be fully informed 
about the operations of the Coordinated Remedy Program and this Order.
    b. It is expected that the Monitor will develop and implement 
written procedures and may make additional recommendations aimed at 
enhancing the Coordinated Remedy Program and ensuring that all 
Coordinated Remedy Program deadlines, including those in this Order, 
are met.
    c. The Monitor is not intended to supplant NHTSA's authority over 
decisions related to the Coordinated Remedy Program, this Order, motor 
vehicle safety, or otherwise. If the Monitor identifies a problem or 
issue, the Monitor shall make appropriate recommendations to NHTSA and 
provide all supporting information, including information contrary to 
the Monitor's recommendation, to enable NHTSA to make an informed 
decision on that recommendation.
    d. Takata and Vehicle Manufacturers, along with all of their 
respective officers, directors, employees, agents, and consultants, 
shall have an affirmative duty to cooperate with and assist the Monitor 
in connection with the Coordinated Remedy Program and this Order.

Potential Future Recalls

    45. The provisions of the November 2015 Takata Consent Order 
regarding future recalls and possible future recalls, contained at 
Paragraphs 29-30 of that document, are hereby incorporated by reference 
into this Order. Accordingly, any future recall(s) of Takata inflators 
pursuant to, or contemplated by, Paragraphs 29-30 of that Order shall 
become part of the Coordinated Remedy Program established herein.
    46. Upon Takata's filing of a DIR pursuant to 49 CFR Sec.  573, the 
affected vehicle manufacturer(s) shall timely file a DIR. Upon the 
filing of such DIRs NHTSA may, pursuant to 49 U.S.C. Sec. Sec.  30118-
30119, 49 U.S.C. Sec.  30120(c), 49 CFR Sec.  573.14, and 49 U.S.C. 
Sec.  30166(b), (c), and (e), convene a meeting with the affected 
vehicle manufacturers to take place within forty-five (45) days of 
Takata's DIR filing, at an appropriate location within the United 
States, as determined by NHTSA, to address issues related to the 
Coordinated Remedy Program including, but not limited to, establishing 
a risk-assessment framework for the prioritization of vehicles and/or 
phasing of remedy programs, as appropriate. Any such prioritizations 
shall be made publicly available, and shall be annexed to this Order, 
in a format similar to the Priority Group lists in Annex A of this 
Order.

Record Keeping & Reports

    47. Pursuant to 49 U.S.C. Sec.  30166(b), (c), (e), and (g), in 
carrying out any recall remedy program covered by this Order, each 
affected vehicle manufacturer and Takata shall make any report, submit 
any information, and accommodate any inspection and/or investigation, 
as requested by NHTSA or the Monitor.

Miscellaneous

    48. NHTSA may, after consultation with affected vehicle 
manufacturers, and/or Takata, or upon a recommendation of the Monitor, 
modify or amend provisions of this Order to, among other things: 
account for and timely respond to newly obtained facts, scientific 
data, changed circumstances, and/or other relevant information that may 
become available throughout the term of the Coordinated Remedy Program. 
This includes but is not limited to, changes to the Priority Groups 
contained in Annex A; allowing for reasonable extensions of time for 
the timelines contained in Paragraphs 39 and 40; facilitating further 
recalls as contemplated by Paragraphs 45 and 46; or for any other 
purpose arising under, or in connection with, the Coordinated Remedy 
Program and/or this Coordinated Remedy Order.
    49. This Coordinated Remedy Order shall become effective upon 
issuance by the NHTSA Administrator. In the event of a breach of, or 
failure to perform, any term of this Order by Takata or any vehicle 
manufacturer, NHTSA may pursue any and all appropriate remedies, 
including, but not limited to, actions compelling specific performance 
of the terms of this Order, and/or commencing litigation to enforce 
this Order in any United States District Court.
    50. This Coordinated Remedy Order shall not be construed to create 
rights in, or grant any cause of action to, any third party not subject 
to this Order.
    51. In carrying out the directives of this Coordinated Remedy 
Order, vehicle manufacturers and vehicle equipment manufacturers (i.e. 
suppliers) shall not engage in any conduct prohibited under the 
antitrust laws, or other applicable law.
    It is so ordered:

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, U.S. DEPARTMENT OF 
TRANSPORTATION

    Dated: November 3, 2015.
Mark R. Rosekind,
 Administrator.

ANNEX A

Coordinated Remedy Program Priority Groups

    In the Priority Groups listed below, the area of high absolute 
humidity (``HAH'') is defined by each vehicle manufacturer 
individually, but in all instances includes vehicles originally sold or 
ever registered in Alabama, Florida, Georgia, Hawaii, Louisiana, 
Mississippi, Texas, Puerto Rico, American Samoa, Guam, Saipan, and the 
U.S. Virgin Islands. In limited instances, parts for some HAH recalls 
are currently only available to a limited area within the HAH with the 
highest risk of rupture. ``Non-HAH'' means any vehicle that has not 
been identified by the vehicle manufacturer as having been originally 
sold or ever registered in the HAH region, as defined by the vehicle 
manufacturer.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                            PRIORITY GROUP 1
------------------------------------------------------------------------
BMW:
    2002-2006.................  BMW..............  3 Series, M3 (HAH)
Daimler Vans USA:
    2007-2008.................  Freightliner.....  Sprinter (HAH)
    2007-2008.................  Dodge............  Sprinter (HAH)
Daimler Truck North America-
 DTNA:

[[Page 70872]]

 
    2008-2009.................  Sterling.........  Bullet (HAH and non-
                                                    HAH)
FCA:
    2006-2008.................  Chrysler.........  300, 300C, SRT8 (HAH)
    2005......................  Chrysler.........  300, 300C, SRT8 (HAH
                                                    and non-HAH)
    2008......................  Dodge............  Challenger (HAH)
    2006-2008.................  Dodge............  Charger (HAH)
    2005......................  Dodge............  Dakota (HAH)
    2004-2005.................  Dodge............  Durango (HAH)
    2006-2008.................  Dodge............  Magnum (HAH)
    2005......................  Dodge............  Magnum (HAH and non-
                                                    HAH)
    2004-2005.................  Dodge............  Ram 1500, 2500, 3500
                                                    Pickup (HAH)
Ford:
    2005-2006.................  Ford.............  GT (HAH)
    2005-2008.................  Ford.............  Mustang (HAH)
    2004-2005.................  Ford.............  Ranger (HAH)
GM:
    2003-2007.................  Pontiac..........  Vibe (HAH)
    2005......................  GM-Saab..........  9-2X (HAH)
------------------------------------------------------------------------
                    Priority Group 1 continued . . .
            Priority Group 1 continued from prior page . . .
------------------------------------------------------------------------
Honda:
    2003......................  Acura............  3.2CL (HAH and non-
                                                    HAH)
    2002-2003.................  Acura............  3.2TL (HAH and non-
                                                    HAH)
    2001-2003.................  Honda............  Accord (HAH and non-
                                                    HAH)
    2001-2003.................  Honda............  Civic (HAH and non-
                                                    HAH)
    2004-2005.................  Honda............  Civic (HAH)
    2003-2005.................  Honda............  Civic IMA-Hybrid
                                                    (HAH)
    2003......................  Honda............  Civic IMA-Hybrid (non-
                                                    HAH)
    2002......................  Honda............  CR-V (HAH and non-
                                                    HAH)
    2003-2004.................  Honda............  CR-V (HAH)
    2003-2006.................  Honda............  Element (HAH)
    2002......................  Honda............  Odyssey (HAH)
    2003......................  Honda............  Pilot (HAH and non-
                                                    HAH)
    2004-2005.................  Honda............  Pilot (HAH)
    2006......................  Honda............  Ridgeline (HAH)
Mazda:
    2003-2008.................  Mazda............  Mazda6 (HAH)
    2004-2008.................  Mazda............  RX8 (HAH)
    2006-2007.................  Mazda............  Speed6 (HAH)
Mitsubishi:
    2004-2006.................  Mitsubishi.......  Lancer and Lancer
                                                    Evolution (HAH)
    2004......................  Mitsubishi.......  Lancer Sportback
                                                    (HAH)
    2006-2009.................  Mitsubishi.......  Raider (HAH)
Nissan:
    2002-2003.................  Infiniti.........  QX4 (HAH)
    2002-2004.................  Nissan...........  Pathfinder (HAH)
    2002-2004.................  Nissan...........  Sentra (HAH)
Subaru:
    2004-2005.................  Subaru...........  Impreza/WRX/STI (HAH)
    2005......................  Subaru...........  Legacy, Outback (HAH)
Toyota:
    2007......................  Lexus............  SC430 (HAH)
    2003-2007.................  Toyota...........  Corolla (HAH)
    2003-2007.................  Toyota...........  Matrix (HAH)
    2005-2007.................  Toyota...........  Sequoia (HAH)
    2003-2004.................  Toyota...........  Tundra (HAH)
    2005-2006.................  Toyota...........  Tundra (non-HAH)
------------------------------------------------------------------------
                            PRIORITY GROUP 2
------------------------------------------------------------------------
BMW:
    2000-2001.................  BMW..............  3 Series (HAH)
    2002-2006.................  BMW..............  3 Series (non-HAH)
    2002-2003.................  BMW..............  5 Series (HAH and non-
                                                    HAH)
    2003-2004.................  BMW..............  X5 SUV (HAH and non-
                                                    HAH)
Daimler Vans USA:
    2007-2008.................  Freightliner.....  Sprinter (non-HAH)
FCA:
    2006-2008.................  Chrysler.........  300, 300C, SRT8 (non-
                                                    HAH)
    2009-2010.................  Chrysler.........  300, 300C, SRT8 (HAH
                                                    and non-HAH)
    2005......................  Chrysler.........  300, 300C, SRT8 (HAH)
    2007-2008.................  Dodge............  Aspen (HAH and non-
                                                    HAH)
    2008......................  Dodge............  Challenger (non-HAH)
    2009-2010.................  Dodge............  Challenger (HAH)

[[Page 70873]]

 
    2006-2008.................  Dodge............  Charger (non-HAH)
    2009-2010.................  Dodge............  Charger (HAH and non-
                                                    HAH)
    2005-2011.................  Dodge............  Dakota (HAH and non-
                                                    HAH)
    2004-2008.................  Dodge............  Durango (HAH and non-
                                                    HAH)
    2005......................  Dodge............  Magnum (HAH)
    2006-2008.................  Dodge............  Magnum (non-HAH)
    2004-2005.................  Dodge............  Ram 1500 Pickup (HAH)
    2003......................  Dodge............  Ram 1500, 2500, 3500
                                                    Pickup (HAH and non-
                                                    HAH)
    2006-2009.................  Dodge............  Ram 1500, 2500, 3500
                                                    Pickup (HAH and non-
                                                    HAH)
    2006......................  Dodge............  Ram 2500 (HAH)
    2007-2008.................  Dodge............  Ram 3500 Cab Chassis
                                                    (HAH and non-HAH)
    2008-2010.................  Dodge............  Ram 4500, 5500 Cab
                                                    Chassis (HAH and non-
                                                    HAH)
    2007-2008.................  Dodge............  Sprinter (non-HAH)
Ford:
    2005-2006.................  Ford.............  GT (HAH)
    2005-2008.................  Ford.............  Mustang (non-HAH)
    2009-2014.................  Ford.............  Mustang (HAH)
    2006......................  Ford.............  Ranger (HAH)
GM:
    2003-2007.................  Pontiac..........  Vibe (non-HAH)
    2007-2008.................  Chev/GMC.........  Silverado/Sierra
                                                    (HAH)
------------------------------------------------------------------------
                    Priority Group 2 continued . . .
            Priority Group 2 continued from prior page . . .
------------------------------------------------------------------------
Honda:
    2003-2006.................  Acura............  MDX (HAH and non-HAH)
    2004-2007.................  Honda............  Accord (HAH and non-
                                                    HAH)
    2004-2005.................  Honda............  Civic (non-HAH)
    2004-2005.................  Honda............  Civic Hybrid (non-
                                                    HAH)
    2005-2006.................  Honda............  CR-V (HAH)
    2003-2006.................  Honda............  CR-V (non-HAH)
    2007-2011.................  Honda............  Element (HAH)
    2003-2007.................  Honda............  Element (non-HAH)
    2003-2004.................  Honda............  Odyssey (HAH)
    2002-2004.................  Honda............  Odyssey (non-HAH)
    2006-2008.................  Honda............  Pilot (HAH)
    2004-2007.................  Honda............  Pilot (non-HAH)
    2006......................  Honda............  Ridgeline (non-HAH)
Mazda:
    2003-2008.................  Mazda............  Mazda6 (non-HAH)
    2004-2006.................  Mazda............  B-Series (HAH)
    2004-2005.................  Mazda............  MPV (HAH)
    2004-2008.................  Mazda............  RX8 (non-HAH)
    2006-2007.................  Mazda............  Speed6 (HAH)
Mitsubishi:
    2004-2006.................  Mitsubishi.......  Lancer, Lancer
                                                    Evolution (non-HAH)
    2004......................  Mitsubishi.......  Lancer Sportback (non-
                                                    HAH)
    2006-2009.................  Mitsubishi.......  Raider (non-HAH)
Nissan:
    2003......................  Infiniti.........  FX (HAH)
    2001......................  Infiniti.........  I30 (HAH)
    2002-2003.................  Infiniti.........  I35 (HAH)
    2002-2003.................  Infiniti.........  QX4 (non-HAH)
    2001-2003.................  Nissan...........  Maxima (HAH)
    2002-2004.................  Nissan...........  Pathfinder (HAH and
                                                    non-HAH)
    2004-2006.................  Nissan...........  Sentra (HAH and non-
                                                    HAH)
Subaru:
    2003-2005.................  Subaru...........  Legacy, Outback, Baja
                                                    (HAH)
------------------------------------------------------------------------
                    Priority Group 2 continued . . .
            Priority Group 2 continued from prior page . . .
------------------------------------------------------------------------
Toyota:
    2007......................  Lexus............  SC430 (non-HAH)
    2003-2007.................  Toyota...........  Corolla (non-HAH)
    2003-2007.................  Toyota...........  Matrix (non-HAH)
    2004-2005.................  Toyota...........  RAV4 (HAH and non-
                                                    HAH)
    2002-2004.................  Toyota...........  Sequoia (HAH)
    2005-2007.................  Toyota...........  Sequoia (non-HAH)
    2003-2004.................  Toyota...........  Tundra (HAH)
    2005-2006.................  Toyota...........  Tundra (non-HAH)
------------------------------------------------------------------------
                            PRIORITY GROUP 3
------------------------------------------------------------------------
BMW:
    2000-2001.................  BMW..............  3 Series (non-HAH)

[[Page 70874]]

 
Daimler Vans USA:
    2007-2008.................  Freightliner.....  Sprinter (non-HAH)
    2007-2008.................  Dodge............  Sprinter (non-HAH)
Ford:
    2005-2006.................  Ford.............  GT (non-HAH)
    2009-2014.................  Ford.............  Mustang (non-HAH)
    2004-2006.................  Ford.............  Ranger (non-HAH)
GM:
    2007-2008.................  Chev/GMC.........  Silverado/Sierra (non-
                                                    HAH)
    2005......................  GM-Saab..........  9-2X (non-HAH)
Honda:
    2005......................  Honda............  RL (HAH and non-HAH)
    2008-2011.................  Honda............  Element (non-HAH)
    2008......................  Honda............  Pilot (non-HAH)
Mazda:
    2004-2006.................  Mazda............  B-Series (non-HAH)
Nissan:
    2003......................  Infiniti.........  FX (non-HAH)
    2004-2005.................  Infiniti.........  FX (HAH and non-HAH)
    2001......................  Infiniti.........  I30 (non-HAH)
    2002-2004.................  Infiniti.........  I35 (HAH and non-HAH)
    2006......................  Infiniti.........  M (HAH and non-HAH)
    2001-2003.................  Nissan...........  Maxima (non-HAH)
Subaru:
    2004-2005.................  Subaru...........  Impreza/WRX/STI (non-
                                                    HAH)
    2003-2004.................  Subaru...........  Legacy, Outback, Baja
                                                    (non-HAH)
Toyota:
    2002-2006.................  Lexus............  SC430 (HAH and non-
                                                    HAH)
    2002-2004.................  Toyota...........  Sequoia (non-HAH)
    2003-2004.................  Toyota...........  Tundra (non-HAH)
------------------------------------------------------------------------


[FR Doc. 2015-28924 Filed 11-13-15; 8:45 am]
BILLING CODE 4910-59-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.