NHTSA Enforcement Guidance Bulletin 2016-03; Procedure for Invoking Paragraph 17 of the May 4, 2016 Amendment to the November 3, 2015 Takata Consent Order, 47854-47856 [2016-17356]

Download as PDF 47854 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). By Order of the Maritime Administrator. Dated: July 11, 2016. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2016–17415 Filed 7–21–16; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2016 0073] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel AIRLOOM; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before August 22, 2016 ADDRESSES: Comments should refer to docket number MARAD–2016–0073. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http:// www.regulations.gov. ehiers on DSK5VPTVN1PROD with NOTICES SUMMARY: FOR FURTHER INFORMATION CONTACT: Bianca Carr, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Room W23–453, Washington, DC 20590. Telephone 202– 366–9309, Email Bianca.carr@dot.gov. VerDate Sep<11>2014 15:19 Jul 21, 2016 Jkt 238001 As described by the applicant the intended service of the vessel AIRLOOM is: INTENDED COMMERCIAL USE OF VESSEL: Sailing tours. GEOGRAPHIC REGION: ‘‘Washington State.’’ The complete application is given in DOT docket MARAD–2016–0073 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR part 388. SUPPLEMENTARY INFORMATION: Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). By Order of the Maritime Administrator. Dated: July 12, 2016. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2016–17416 Filed 7–21–16; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2016–0069] Request for Information: Nationally Uniform 911 Data System; Correction National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation (DOT). ACTION: Notice; correction. AGENCY: NHTSA published a document in the Federal Register of June 30, 2016, concerning a request for information on the development of a SUMMARY: PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 nationally uniform 911 data system. The document contained incorrect information and an incorrect email address. FOR FURTHER INFORMATION CONTACT: Laurie Flaherty, 202–366–2705. Correction In the Federal Register of June 30, 2016, in FR Doc. 2016–15368, on page 42786, make the following two corrections: a. In the third column, correct the FOR FURTHER INFORMATION CONTACT caption to read: Laurie Flaherty, National Highway Traffic Safety Administration, Office of Emergency Medical Services, (202) 366–2705, laurie.flaherty@dot.gov, located at the United States Department of Transportation; 1200 New Jersey Avenue SE., NPD–400, Room W44–322, Washington, DC 20590. b. In the third column, correct the second sentence of the second paragraph of the SUPPLEMENTARY INFORMATION caption to read: Models for a nationally uniform data system exist in other disciplines, for example, the National Fire Incident Reporting System (N–FIRS), https:// www.nfirs.fema.gov/, and the National EMS Information System (NEMSIS), http:// nemsis.org. Dated: July 11, 2016. Jeffrey P. Michael, Associate Administrator, Research and Program Development. [FR Doc. 2016–17207 Filed 7–21–16; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2016–0077] NHTSA Enforcement Guidance Bulletin 2016–03; Procedure for Invoking Paragraph 17 of the May 4, 2016 Amendment to the November 3, 2015 Takata Consent Order National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice. AGENCY: The National Highway Traffic Safety Administration (NHTSA) is issuing this Enforcement Guidance Bulletin to inform the public of the process and procedure the Agency has established in connection with Paragraph 17 of the May 4, 2016 Amendment to the November 3, 2015 Consent Order with TK Holdings Inc., and the standards and criteria that will guide Agency decision-making. SUMMARY: E:\FR\FM\22JYN1.SGM 22JYN1 47855 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices FOR FURTHER INFORMATION CONTACT: For legal issues: Elizabeth Mykytiuk, Office of the Chief Counsel, NCC–100, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: (202) 366–5263). For general information regarding NHTSA’s investigation into Takata Air Bag Inflator ruptures and the related recalls: http://www.safercar.gov/rs/ takata/index.html. SUPPLEMENTARY INFORMATION: The National Highway Traffic Safety Administration (NHTSA or Agency) is issuing this Enforcement Guidance Bulletin (the ‘‘Bulletin’’) to inform the public of the circumstances under which NHTSA would consider invoking Paragraph 17 of the Agency’s May 4, 2016 Amendment to the November 3, 2015 Consent Order with TK Holdings Inc. (‘‘Takata’’) 1 to alter the recall schedule, as well as to provide guidance on the standards and criteria that would guide such decision-making. I. Background On June 11, 2014, NHTSA opened a formal defect investigation (Preliminary Evaluation, PE14–016) into certain Takata air bag inflators (‘‘inflators’’) that may become over-pressurized and/or rupture during air bag deployment, resulting in death or injury to the driver and/or passenger. On February 24, 2015, NHTSA upgraded and expanded this investigation (Engineering Analysis, EA15–001). Subsequently, Takata agreed to submit four Defect Information Reports (DIRs) on May 18, 2014, declaring that a defect existed in certain inflator types that were manufactured by Takata during certain periods of time. See Recall Nos. 15E–040, 15E–041, 15E–042, and 15E–043. Those DIRs triggered an obligation on the part of affected motor vehicle manufacturers to conduct a recall of motor vehicles containing the defective inflators. See 49 CFR 573.5(a). On November 3, 2015, NHTSA issued, and Takata agreed to, a Consent Order, which among other things established conditions upon which Takata would be required to expand the scope of the defective inflator population by filing future DIRs. Again, the filing of such DIRs by Takata triggered an obligation by the motor vehicle manufacturers to submit DIRs covering the affected motor vehicles and to conduct a recall of motor vehicles in which the defective inflators are installed. See 49 CFR 573.3(f), 573.5(a); see also Coordinated Remedy Order at ¶ 46 (Nov. 3, 2015). On May 4, 2016, NHTSA and Takata agreed to an Amendment to the November 3, 2015 Consent Order (the ‘‘Amendment’’), under which Takata agreed to declare a defect in all driver and passenger inflators that contain an ammonium nitrate-based propellant, and do not contain a moisture-absorbing desiccant. The Amendment was based upon the findings of three independent research organizations that most of the inflator ruptures are associated with long-term propellant degradation caused by years of exposure to temperature fluctuations and intrusion of moisture present in the ambient atmosphere. See Amendment at ¶ 2. Based upon the Agency’s conclusions regarding the root cause of the inflator ruptures, among other reasons, the recall is to be conducted on a rolling basis, with Takata filing additional DIRs on the following schedule (which is set forth in Paragraph 14 of the Amendment): DIR dates Zone A population Zone B population Zone C population May 16, 2016 ....................... All vehicles not currently under recall containing non-desiccated frontal Takata PSAN inflators— MY 2011 & older. All vehicles not currently under recall containing non-desiccated frontal Takata PSAN inflators— MY 2012 & older. All vehicles not currently under recall containing non-desiccated frontal Takata PSAN inflators— MY 2013 & older. All remaining vehicles not currently under recall containing non-desiccated frontal Takata PSAN inflators. All like for like non-desiccated frontal Takata PSAN replacement parts. All vehicles not currently under recall containing non-desiccated frontal Takata PSAN inflators— MY 2008 & older. All vehicles not currently under recall containing non-desiccated frontal Takata PSAN inflators— MY 2009 & older. All vehicles not currently under recall containing non-desiccated frontal Takata PSAN inflators— MY 2010 & older. All remaining vehicles not currently under recall containing non-desiccated frontal Takata PSAN inflators. All like for like non-desiccated frontal Takata PSAN replacement parts. All vehicles not currently under recall containing non-desiccated frontal Takata PSAN inflators— MY 2004 & older. All vehicles not currently under recall containing non-desiccated frontal Takata PSAN inflators— MY 2008 & older. All vehicles not currently under recall containing non-desiccated frontal Takata PSAN inflators— MY 2009 & older. All remaining vehicles not currently under recall containing non-desiccated frontal Takata PSAN inflators. All like for like non-desiccated frontal Takata PSAN replacement parts. December 31, 2016 .............. December 31, 2017 .............. December 31, 2018 .............. ehiers on DSK5VPTVN1PROD with NOTICES December 31, 2019 .............. As set forth in Paragraph 7.a. of the Amendment, Zone A comprises the states and U.S. territories with the greatest temperature cycling and absolute humidity. It includes the following states and U.S. territories: Alabama, California, Florida, Georgia, Hawaii, Louisiana, Mississippi, South Carolina, Texas, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands (Saipan), and the U.S. Virgin Islands. Zone B comprises states with moderate temperature cycling and absolute humidity. It includes the following states: Arizona, Arkansas, Delaware, District of Columbia, Illinois, Indiana, Kansas, Kentucky, Maryland, Missouri, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Tennessee, Virginia, and West Virginia. See Amendment at ¶ 7.b. Zone C comprises states with lower temperature cycling and absolute humidity. It includes the following states: Alaska, Colorado, Connecticut, Idaho, Iowa, Maine, Massachusetts, Michigan, Minnesota, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, South Dakota, Utah, Vermont, Washington, Wisconsin, and Wyoming. See Amendment at ¶ 7.c. The Amendment also sets forth a procedure under which the DIR schedule above may be modified or amended. More specifically, Paragraph 17 provides: 1 The November 3, 2015 Consent Order and May 4, 2016 Amendment are available on NHTSA’s Web site at http://www.safercar.gov/rs/takata/ index.html, under the ‘‘Related Documents’’ hyperlink. VerDate Sep<11>2014 15:19 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\22JYN1.SGM 22JYN1 47856 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices ehiers on DSK5VPTVN1PROD with NOTICES Based on the presentation of additional test data, analysis, or other relevant and appropriate evidence, by Takata, an automobile manufacturer, or any other credible source, NHTSA may, after consultation with Takata, alter the schedule set forth in Paragraph 14 to modify or amend a DIR or to defer certain inflator types or vehicles, or a portion thereof, to a later DIR filing date. Any such evidence must be submitted to NHTSA no later than one-hundredtwenty (120) days before the relevant DIR filing date. This paragraph applies only to the DIRs scheduled to be issued on or after December 31, 2016 under the schedule established by Paragraph 14 of this Amendment. The Agency believes it is important to provide additional guidance on the process and conditions under which NHTSA would consider altering the recall schedule to modify or amend a DIR or defer the filing of a DIR, as well as guidance on the standards and criteria that would guide such decisionmaking. This process shall not be used to expedite or expand the DIR schedule, nor shall it be used to eliminate a population of vehicles from the recall. II. Process and Procedure A. Petition: No later than 120 days before the applicable DIR filing date, Takata, a vehicle manufacturer, or other credible source (the ‘‘petitioner’’) may petition the Agency for a modification or amendment to the DIR schedule. The petition shall be in writing and shall be directed to the Associate Administrator for Enforcement, with a copy to Chief Counsel. The petition shall specify the precise modification or amendment to the DIR schedule being requested by the petitioner, including the affected vehicle makes, models, and model years (the ‘‘particular class of vehicles’’). The petition shall also set forth all data, information, and arguments of the petitioner supporting its petition. To the extent the petitioner requests confidential treatment under 49 CFR part 512 in connection with any data, information, and arguments, it shall submit a publicly available summary of such confidential materials. B. Public Notice and Comment: Within 14 days of receiving a petition, NHTSA shall publish a notice of the petition in the Federal Register. The notice shall include a brief summary of the petition, a description of the particular class of vehicles, a statement of the availability of the petition and other relevant information for public inspection, and an invitation to interested persons to submit written data, information, and arguments concerning the petition to a public VerDate Sep<11>2014 15:19 Jul 21, 2016 Jkt 238001 docket. The notice of the petition shall also specify the deadline for submitting data, information, and arguments concerning the petition, which deadline shall not be less than 14 days after the Federal Register notice. C. Disposition of the Petition: After reviewing the written data, views, and arguments from the petitioner and any interested persons, as well as other available information, and after consulting with Takata, the Associate Administrator for Enforcement shall make a decision whether to grant or deny the petition. Notice of the grant or denial of the petition shall be issued to the petitioner, and to Takata and any affected vehicle manufacturer, no less than 45 days before the relevant DIR filing date. Notice of the grant or denial of the petition shall also be published in the Federal Register. D. Appeal: Within 14 days of notice of a grant or denial in the Federal Register, any interested person may appeal the grant or denial of the petition to the Administrator. An appeal shall be in writing and shall be directed to the Administrator, with a copy to the Chief Counsel. The Administrator will base his final decision on the data, information, and arguments submitted in support of the petition and during the comment period, and other available information. The final decision will be issued no less than 5 days before the applicable DIR filing date. Notice of final decision shall also be published in the Federal Register. moisture content (over time), wafer diameter, and closed-bomb test data. In evaluating this evidence, the Agency will closely scrutinize the number of inflators tested, the age of the inflators tested, and the history of the vehicles from which the inflators were removed. A petitioner may also satisfy the standard of proof through robust predictive modeling, which modeling shall be independently verified by NHTSA’s expert, Dr. Harold Blomquist. In all instances, a petition will be denied if there has been a rupture incident in the field or in testing that involves the inflator type contained in the particular class of vehicles at issue. Applicability/Legal Statement: This Enforcement Guidance Bulletin sets forth NHTSA’s current interpretation and thinking on the process and procedures under Paragraph 17 of the Amendment, and the standards and criteria that will guide its decisionmaking. This Bulletin is not a final agency action and is intended as guidance only. This Bulletin is not intended, nor can it be relied upon, to create any rights enforceable by any party against NHTSA, the Department of Transportation, or the United States. Moreover, the process and procedures set forth herein do not establish any defense to any violations of the statutes and regulations that NHTSA administers. This Bulletin may be revised without notice to reflect changes in NHTSA’s evaluation and analysis, or to clarify and update text. III. Standard of Proof NHTSA may grant the petition if the Agency finds that the written data, information, and arguments regarding the petition and other available information demonstrate, by a preponderance of the evidence, that either: (i) There has not yet been, nor will be for some period of years in the future, sufficient propellant degradation to render the inflators contained in the particular class of vehicles unreasonably dangerous in terms of susceptibility to rupture; or (ii) the service life expectancy of the inflators installed in the particular class of vehicles is sufficiently long that they will not pose an unreasonable risk to motor vehicle safety if recalled at a later date. The Agency may rely on any relevant criteria in determining whether the available evidence satisfies the standard of proof. Generally, a petitioner may satisfy the standard of proof by submitting evidence concerning the physical attributes of the category of inflators at issue. Such evidence may include, but is not limited to, inflator diffusion rates, booster and propellant Authority: 49 U.S.C. 30101, et seq., 30118, 30162, 30166(b)(1), 30166(g)(1); delegation of authority at 49 CFR 1.95(a). PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 Issued: July 15, 2016. Mark R. Rosekind, Ph.D. Administrator. [FR Doc. 2016–17356 Filed 7–21–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900–0095] Agency Information Collection (Pension Claim Questionnaire for Farm Income, VA Form 21P–4165); Activity Under OMB Review Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501–3521), this notice announces that the Veterans Benefits Administration (VBA), Department of SUMMARY: E:\FR\FM\22JYN1.SGM 22JYN1

Agencies

[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Notices]
[Pages 47854-47856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17356]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0077]


NHTSA Enforcement Guidance Bulletin 2016-03; Procedure for 
Invoking Paragraph 17 of the May 4, 2016 Amendment to the November 3, 
2015 Takata Consent Order

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

ACTION: Notice.

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

SUMMARY: The National Highway Traffic Safety Administration (NHTSA) is 
issuing this Enforcement Guidance Bulletin to inform the public of the 
process and procedure the Agency has established in connection with 
Paragraph 17 of the May 4, 2016 Amendment to the November 3, 2015 
Consent Order with TK Holdings Inc., and the standards and criteria 
that will guide Agency decision-making.

[[Page 47855]]


FOR FURTHER INFORMATION CONTACT: 
    For legal issues: Elizabeth Mykytiuk, Office of the Chief Counsel, 
NCC-100, National Highway Traffic Safety Administration, 1200 New 
Jersey Avenue SE., Washington, DC 20590 (telephone: (202) 366-5263).
    For general information regarding NHTSA's investigation into Takata 
Air Bag Inflator ruptures and the related recalls: http://www.safercar.gov/rs/takata/index.html.

SUPPLEMENTARY INFORMATION: The National Highway Traffic Safety 
Administration (NHTSA or Agency) is issuing this Enforcement Guidance 
Bulletin (the ``Bulletin'') to inform the public of the circumstances 
under which NHTSA would consider invoking Paragraph 17 of the Agency's 
May 4, 2016 Amendment to the November 3, 2015 Consent Order with TK 
Holdings Inc. (``Takata'') \1\ to alter the recall schedule, as well as 
to provide guidance on the standards and criteria that would guide such 
decision-making.
---------------------------------------------------------------------------

    \1\ The November 3, 2015 Consent Order and May 4, 2016 Amendment 
are available on NHTSA's Web site at http://www.safercar.gov/rs/takata/index.html, under the ``Related Documents'' hyperlink.
---------------------------------------------------------------------------

I. Background

    On June 11, 2014, NHTSA opened a formal defect investigation 
(Preliminary Evaluation, PE14-016) into certain Takata air bag 
inflators (``inflators'') that may become over-pressurized and/or 
rupture during air bag deployment, resulting in death or injury to the 
driver and/or passenger. On February 24, 2015, NHTSA upgraded and 
expanded this investigation (Engineering Analysis, EA15-001).
    Subsequently, Takata agreed to submit four Defect Information 
Reports (DIRs) on May 18, 2014, declaring that a defect existed in 
certain inflator types that were manufactured by Takata during certain 
periods of time. See Recall Nos. 15E-040, 15E-041, 15E-042, and 15E-
043. Those DIRs triggered an obligation on the part of affected motor 
vehicle manufacturers to conduct a recall of motor vehicles containing 
the defective inflators. See 49 CFR 573.5(a).
    On November 3, 2015, NHTSA issued, and Takata agreed to, a Consent 
Order, which among other things established conditions upon which 
Takata would be required to expand the scope of the defective inflator 
population by filing future DIRs. Again, the filing of such DIRs by 
Takata triggered an obligation by the motor vehicle manufacturers to 
submit DIRs covering the affected motor vehicles and to conduct a 
recall of motor vehicles in which the defective inflators are 
installed. See 49 CFR 573.3(f), 573.5(a); see also Coordinated Remedy 
Order at ] 46 (Nov. 3, 2015).
    On May 4, 2016, NHTSA and Takata agreed to an Amendment to the 
November 3, 2015 Consent Order (the ``Amendment''), under which Takata 
agreed to declare a defect in all driver and passenger inflators that 
contain an ammonium nitrate-based propellant, and do not contain a 
moisture-absorbing desiccant. The Amendment was based upon the findings 
of three independent research organizations that most of the inflator 
ruptures are associated with long-term propellant degradation caused by 
years of exposure to temperature fluctuations and intrusion of moisture 
present in the ambient atmosphere. See Amendment at ] 2. Based upon the 
Agency's conclusions regarding the root cause of the inflator ruptures, 
among other reasons, the recall is to be conducted on a rolling basis, 
with Takata filing additional DIRs on the following schedule (which is 
set forth in Paragraph 14 of the Amendment):

----------------------------------------------------------------------------------------------------------------
            DIR dates                  Zone A population          Zone B population         Zone C population
----------------------------------------------------------------------------------------------------------------
May 16, 2016.....................  All vehicles not           All vehicles not          All vehicles not
                                    currently under recall     currently under recall    currently under recall
                                    containing non-            containing non-           containing non-
                                    desiccated frontal         desiccated frontal        desiccated frontal
                                    Takata PSAN inflators--    Takata PSAN inflators--   Takata PSAN inflators--
                                    MY 2011 & older.           MY 2008 & older.          MY 2004 & older.
December 31, 2016................  All vehicles not           All vehicles not          All vehicles not
                                    currently under recall     currently under recall    currently under recall
                                    containing non-            containing non-           containing non-
                                    desiccated frontal         desiccated frontal        desiccated frontal
                                    Takata PSAN inflators--    Takata PSAN inflators--   Takata PSAN inflators--
                                    MY 2012 & older.           MY 2009 & older.          MY 2008 & older.
December 31, 2017................  All vehicles not           All vehicles not          All vehicles not
                                    currently under recall     currently under recall    currently under recall
                                    containing non-            containing non-           containing non-
                                    desiccated frontal         desiccated frontal        desiccated frontal
                                    Takata PSAN inflators--    Takata PSAN inflators--   Takata PSAN inflators--
                                    MY 2013 & older.           MY 2010 & older.          MY 2009 & older.
December 31, 2018................  All remaining vehicles     All remaining vehicles    All remaining vehicles
                                    not currently under        not currently under       not currently under
                                    recall containing non-     recall containing non-    recall containing non-
                                    desiccated frontal         desiccated frontal        desiccated frontal
                                    Takata PSAN inflators.     Takata PSAN inflators.    Takata PSAN inflators.
December 31, 2019................  All like for like non-     All like for like non-    All like for like non-
                                    desiccated frontal         desiccated frontal        desiccated frontal
                                    Takata PSAN replacement    Takata PSAN replacement   Takata PSAN replacement
                                    parts.                     parts.                    parts.
----------------------------------------------------------------------------------------------------------------

    As set forth in Paragraph 7.a. of the Amendment, Zone A comprises 
the states and U.S. territories with the greatest temperature cycling 
and absolute humidity. It includes the following states and U.S. 
territories: Alabama, California, Florida, Georgia, Hawaii, Louisiana, 
Mississippi, South Carolina, Texas, Puerto Rico, American Samoa, Guam, 
the Northern Mariana Islands (Saipan), and the U.S. Virgin Islands.
    Zone B comprises states with moderate temperature cycling and 
absolute humidity. It includes the following states: Arizona, Arkansas, 
Delaware, District of Columbia, Illinois, Indiana, Kansas, Kentucky, 
Maryland, Missouri, Nebraska, Nevada, New Jersey, New Mexico, North 
Carolina, Ohio, Oklahoma, Pennsylvania, Tennessee, Virginia, and West 
Virginia. See Amendment at ] 7.b.
    Zone C comprises states with lower temperature cycling and absolute 
humidity. It includes the following states: Alaska, Colorado, 
Connecticut, Idaho, Iowa, Maine, Massachusetts, Michigan, Minnesota, 
Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, 
South Dakota, Utah, Vermont, Washington, Wisconsin, and Wyoming. See 
Amendment at ] 7.c.
    The Amendment also sets forth a procedure under which the DIR 
schedule above may be modified or amended. More specifically, Paragraph 
17 provides:

[[Page 47856]]

    Based on the presentation of additional test data, analysis, or 
other relevant and appropriate evidence, by Takata, an automobile 
manufacturer, or any other credible source, NHTSA may, after 
consultation with Takata, alter the schedule set forth in Paragraph 14 
to modify or amend a DIR or to defer certain inflator types or 
vehicles, or a portion thereof, to a later DIR filing date. Any such 
evidence must be submitted to NHTSA no later than one-hundred-twenty 
(120) days before the relevant DIR filing date. This paragraph applies 
only to the DIRs scheduled to be issued on or after December 31, 2016 
under the schedule established by Paragraph 14 of this Amendment.
    The Agency believes it is important to provide additional guidance 
on the process and conditions under which NHTSA would consider altering 
the recall schedule to modify or amend a DIR or defer the filing of a 
DIR, as well as guidance on the standards and criteria that would guide 
such decision-making. This process shall not be used to expedite or 
expand the DIR schedule, nor shall it be used to eliminate a population 
of vehicles from the recall.

II. Process and Procedure

    A. Petition: No later than 120 days before the applicable DIR 
filing date, Takata, a vehicle manufacturer, or other credible source 
(the ``petitioner'') may petition the Agency for a modification or 
amendment to the DIR schedule. The petition shall be in writing and 
shall be directed to the Associate Administrator for Enforcement, with 
a copy to Chief Counsel. The petition shall specify the precise 
modification or amendment to the DIR schedule being requested by the 
petitioner, including the affected vehicle makes, models, and model 
years (the ``particular class of vehicles''). The petition shall also 
set forth all data, information, and arguments of the petitioner 
supporting its petition. To the extent the petitioner requests 
confidential treatment under 49 CFR part 512 in connection with any 
data, information, and arguments, it shall submit a publicly available 
summary of such confidential materials.
    B. Public Notice and Comment: Within 14 days of receiving a 
petition, NHTSA shall publish a notice of the petition in the Federal 
Register. The notice shall include a brief summary of the petition, a 
description of the particular class of vehicles, a statement of the 
availability of the petition and other relevant information for public 
inspection, and an invitation to interested persons to submit written 
data, information, and arguments concerning the petition to a public 
docket. The notice of the petition shall also specify the deadline for 
submitting data, information, and arguments concerning the petition, 
which deadline shall not be less than 14 days after the Federal 
Register notice.
    C. Disposition of the Petition: After reviewing the written data, 
views, and arguments from the petitioner and any interested persons, as 
well as other available information, and after consulting with Takata, 
the Associate Administrator for Enforcement shall make a decision 
whether to grant or deny the petition. Notice of the grant or denial of 
the petition shall be issued to the petitioner, and to Takata and any 
affected vehicle manufacturer, no less than 45 days before the relevant 
DIR filing date. Notice of the grant or denial of the petition shall 
also be published in the Federal Register.
    D. Appeal: Within 14 days of notice of a grant or denial in the 
Federal Register, any interested person may appeal the grant or denial 
of the petition to the Administrator. An appeal shall be in writing and 
shall be directed to the Administrator, with a copy to the Chief 
Counsel. The Administrator will base his final decision on the data, 
information, and arguments submitted in support of the petition and 
during the comment period, and other available information. The final 
decision will be issued no less than 5 days before the applicable DIR 
filing date. Notice of final decision shall also be published in the 
Federal Register.

III. Standard of Proof

    NHTSA may grant the petition if the Agency finds that the written 
data, information, and arguments regarding the petition and other 
available information demonstrate, by a preponderance of the evidence, 
that either: (i) There has not yet been, nor will be for some period of 
years in the future, sufficient propellant degradation to render the 
inflators contained in the particular class of vehicles unreasonably 
dangerous in terms of susceptibility to rupture; or (ii) the service 
life expectancy of the inflators installed in the particular class of 
vehicles is sufficiently long that they will not pose an unreasonable 
risk to motor vehicle safety if recalled at a later date.
    The Agency may rely on any relevant criteria in determining whether 
the available evidence satisfies the standard of proof. Generally, a 
petitioner may satisfy the standard of proof by submitting evidence 
concerning the physical attributes of the category of inflators at 
issue. Such evidence may include, but is not limited to, inflator 
diffusion rates, booster and propellant moisture content (over time), 
wafer diameter, and closed-bomb test data. In evaluating this evidence, 
the Agency will closely scrutinize the number of inflators tested, the 
age of the inflators tested, and the history of the vehicles from which 
the inflators were removed. A petitioner may also satisfy the standard 
of proof through robust predictive modeling, which modeling shall be 
independently verified by NHTSA's expert, Dr. Harold Blomquist. In all 
instances, a petition will be denied if there has been a rupture 
incident in the field or in testing that involves the inflator type 
contained in the particular class of vehicles at issue.
    Applicability/Legal Statement: This Enforcement Guidance Bulletin 
sets forth NHTSA's current interpretation and thinking on the process 
and procedures under Paragraph 17 of the Amendment, and the standards 
and criteria that will guide its decision-making. This Bulletin is not 
a final agency action and is intended as guidance only. This Bulletin 
is not intended, nor can it be relied upon, to create any rights 
enforceable by any party against NHTSA, the Department of 
Transportation, or the United States. Moreover, the process and 
procedures set forth herein do not establish any defense to any 
violations of the statutes and regulations that NHTSA administers. This 
Bulletin may be revised without notice to reflect changes in NHTSA's 
evaluation and analysis, or to clarify and update text.

    Authority:  49 U.S.C. 30101, et seq., 30118, 30162, 30166(b)(1), 
30166(g)(1); delegation of authority at 49 CFR 1.95(a).

    Issued: July 15, 2016.
Mark R. Rosekind, Ph.D.
Administrator.
[FR Doc. 2016-17356 Filed 7-21-16; 8:45 am]
 BILLING CODE 4910-59-P