Nissan North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 15769-15771 [2021-06025]

Download as PDF Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2019–0819] Agency Information Collection Activities: Requests for Comments; Clearance of a New Approval of Information Collection: National Sleep Study Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval for a new information collection. The collection involves study on relationships between aircraft noise events and the probability of awakening. DATES: Written comments should be submitted by April 23, 2021. ADDRESSES: Send comments identified by docket number FAA–2019–0819 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at (202) 493–2251. FOR FURTHER INFORMATION CONTACT: Sean Doyle by email at: sean.doyle@ faa.gov; phone: 202–267–3493. SUPPLEMENTARY INFORMATION: Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for FAA’s performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 OMB Control Number: 2120–XXXX. Title: National Sleep Study. Form Numbers: None. Type of Review: Clearance of a new information collection. Background: As part of FAA’s broader noise research program, the National Sleep Study has been designed to collect nationally representative information on the effects of aircraft noise on sleep and to derive exposureresponse relationships between aircraft noise and its effect on communities around United States civilian airports. This Study will collect information from residents living near airports to determine their probability of awakening due to aircraft noise exposure. The FAA will use the information from this collection to derive the empirical data to inform any potential updates to or validation of the national aviation noise policy. Further information on National Sleep Study as part of the FAA’s noise research program was also made available through a separate notice 86 FR 2722. Respondents: Approximately 4,400 respondents to 25,000 postal surveys (18% response rate). From among these survey respondents, approximately 400 respondents (9.1%) will be recruited into the field study. Frequency: Response to the postal survey, and participation in the field study, will be a one-time event. Estimated Average Burden per Response: The postal survey will take an estimated 8.25 minutes to complete. The field study will take an estimated 2 hours and 33 minutes of active participation across 5 study days to complete. Estimated Total Annual Burden: The estimated total annual burden for the postal survey is 302 hours and 30 minutes in each of the two years of the study, and 510 hours for field study. Issued in Washington, DC. Kevin Welsh, Executive Director, FAA Office of Environment & Energy. [FR Doc. 2021–06045 Filed 3–23–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2020–0100; Notice 1] Nissan North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). AGENCY: PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 ACTION: 15769 Receipt of petition. Nissan North America, Inc. (Nissan) has determined that certain model year (MY) 2020 Nissan Sentra motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Nissan filed a noncompliance report dated August 26, 2020. Nissan subsequently petitioned NHTSA on September 18, 2020, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of Nissan’s petition. DATES: Send comments on or before April 23, 2021. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited in the title of this notice and submitted by any of the following methods: • Mail: Send comments by mail addressed to the U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver comments by hand to the U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except for Federal holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website at https:// www.regulations.gov/. Follow the online instructions for submitting comments. • Comments may also be faxed to (202) 493–2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that comments you have submitted by mail were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and SUMMARY: E:\FR\FM\24MRN1.SGM 24MRN1 15770 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the fullest extent possible. When the petition is granted or denied, notice of the decision will also be published in the Federal Register pursuant to the authority indicated at the end of this notice. All comments, background documentation, and supporting materials submitted to the docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the internet at https:// www.regulations.gov by following the online instructions for accessing the docket. The docket ID number for this petition is shown in the heading of this notice. DOT’s complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000 (65 FR 19477–78). SUPPLEMENTARY INFORMATION: I. Overview Nissan has determined that certain MY 2020 Nissan Sentra motor vehicles do not fully comply with the requirements of paragraph S10.18.9.1.2 of FMVSS No. 108, Lamps, Reflective Devices, and Associate Equipment (49 CFR 571.108). Nissan filed a noncompliance report dated August 26, 2020, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Nissan subsequently petitioned NHTSA on September 18, 2020, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance. This notice of receipt of Nissan’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any Agency decision or other exercise of judgment concerning the merits of the petition. khammond on DSKJM1Z7X2PROD with NOTICES II. Motor Vehicles Involved Approximately 5,520 MY 2020 Nissan Sentra motor vehicles, manufactured between November 26, 2019, and March 24, 2020, are potentially involved. III. Noncompliance Nissan explains that the noncompliance is that the right-hand LED headlamp aim in the subject vehicle may be misaligned resulting in a vertical gradient value below 0.13 as VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 required by paragraph S10.18.9.1.2 of FMVSS No. 108. IV. Rule Requirements Paragraph S10.18.9.1.2 of FMVSS No. 108 includes the requirements relevant to this petition. Vertical gradient. The gradient of the cutoff measured at either 2.5° L or 2.0° R must be not less than 0.13 based on the procedure of S10.18.9.1.5. V. Summary of Nissan’s Petition The following views and arguments presented in this section, ‘‘V. Summary of Nissan’s Petition,’’ are the views and arguments provided by Nissan. They have not been evaluated by the Agency and do not reflect the views of the Agency. Nissan describes the subject noncompliance and contends that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, Nissan provided NHTSA with the following: 1. Nissan states that the supplier (Ichikoh) did not apply the correct aiming logic when setting the head lamp aim parameters in the subject vehicles and, as a result, the right-hand LED headlamp aim may be misaligned resulting in a vertical gradient value below 0.13. Nissan asserts that a lower G-Value will lead to a headlamp cut line that is slightly less sharp. Ichikoh inspected 3,506 lamps and found 572 lamps with a G-Value below 0.13. However, when the cut-off value is brought down to two decimals instead of three (per the express requirement in FMVSS No. 108), only 286 lamps (about 8%) fall below the 0.13 minimum threshold. Of the 286 lamps, 248 (about 87%) are at a gradient value of 0.12. 2. Ichikoh has also confirmed that, even when the G-Value is below 0.13, all points of the Light Distribution achieve the required specifications of FMVSS No. 108 for both the low and high beam performance. 3. Nissan states that it has not received any reports from the field of customer complaints, warranty claims, crashes, injuries, or fatalities related to this issue. 4. Nissan contends that the purpose of the gradient requirement is to assist in headlamp re-aiming. Nissan says that the vehicles potentially affected by this issue were aimed properly at the factory using a different aiming method. Therefore, the only potential concern would relate to re-aiming performed after the vehicle has been in use. Aiming of the headlamps by a service technician in the field is an event that is expected to occur infrequently. To confirm this, Nissan searched its repair PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 order database for repair orders on the previous generation Sentra that involved re-aiming of the headlamps. Out of 1,389,330 vehicles, only 161 repair orders were found that involved headlamp aiming. This rate of repair would be 0.011% of vehicles. If the same rate of repair is applied to the expected 420 vehicles in the subject population, we would expect only 0.05 vehicles of the subject population to require a re-aiming in the field. 5. Nissan asserts that the difference in gradient values between 0.12 and 0.13 does not materially affect the ability of a service technician to properly aim the lamp in the rare case that this would need to be done in the field. 6. Even if the lamps had to be reaimed at some point, according to Nissan, it is unlikely the driver or other motorists would notice any glare or observable difference in operation between a fully compliant lamp and the subject lamps, based on the conditions described above. 7. In the subject parts, all points of the light distribution achieve the required specifications of FMVSS No. 108 for both the low and high beam performance. Nissan concludes by again contending that the subject noncompliance is inconsequential as it relates to motor vehicle safety, and that its petition to be exempted from providing notification of the noncompliance, as required by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 49 U.S.C. 30120, should be granted. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, any decision on this petition only applies to the subject vehicles that Nissan no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after Nissan notified them that the subject noncompliance existed. E:\FR\FM\24MRN1.SGM 24MRN1 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8. III. Review and Approval of Subcommittee Agenda and Setting of Ground Rules—Subcommittee Chair Otto G. Matheke III, Director, Office of Vehicle Safety Compliance. For Discussion and Possible Subcommittee Action The Agenda will be reviewed, and the Subcommittee will consider adoption. [FR Doc. 2021–06025 Filed 3–23–21; 8:45 am] BILLING CODE 4910–59–P Ground Rules D Subcommittee action only to be taken in designated areas on agenda. UNIFIED CARRIER REGISTRATION PLAN Sunshine Act Meeting Notice; Unified Carrier Registration Plan Board Subcommittee Meeting March 25, 2021, from Noon to 2:00 p.m., Eastern time. TIME AND DATE: This meeting will be accessible via conference call and via Zoom Meeting and Screenshare. Any interested person may call (i) 1–929– 205–6099 (US Toll) or 1–669–900–6833 (US Toll) or (ii) 1–877–853–5247 (US Toll Free) or 1–888–788–0099 (US Toll Free), Meeting ID: 988 1565 4454, to listen and participate in this meeting. The website to participate via Zoom Meeting and Screenshare is https:// kellen.zoom.us/j/98815654454. PLACE: STATUS: This meeting will be open to the public. The Unified Carrier Registration Plan Audit Subcommittee (the ‘‘Subcommittee’’) will continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement. The subject matter of this meeting will include: MATTERS TO BE CONSIDERED: Proposed Agenda I. Call to Order—Subcommittee Chair The Subcommittee Chair will welcome attendees, call the meeting to order, call roll for the Subcommittee, confirm whether a quorum is present, and facilitate self-introductions. khammond on DSKJM1Z7X2PROD with NOTICES II. Verification of Publication of Meeting Notice—UCR Executive Director The UCR Executive Director will verify the publication of the meeting notice on the UCR website and distribution to the UCR contact list via email followed by the subsequent publication of the notice in the Federal Register. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 IV. Review and Approval of Minutes from the December 3, 2020 Meeting— Subcommittee Chair For Discussion and Possible Subcommittee Action Draft minutes from the December 3, 2020 Subcommittee meeting via teleconference will be reviewed. The Subcommittee will consider action to approve. V. Update on the Tracking of Audit Data in the DSL Focused Anomaly Reviews (FARs)—Subcommittee Chair The Subcommittee Chair will discuss the merits of the Subcommittee having an oversight role in the audit notes on closed audits regarding the FARs and MCS–150 databases when there is an indication of an error or insufficient documentation to close the audit. VI. MCS–150 Retreat Audit Program— Subcommittee Chair and DSL Transportation The Subcommittee Chair and DSL Transportation will lead a discussion regarding the MCS–150 retreat audit program provided by UCR and the progress made with participating states. States may opt into the program. States will remain engaged in the audit process but may have a lesser burden of having to attend to unresponsive/unproductive retreat audits. VII. Review the Leasing Company Guidance for Large Leasing Companies (Penske)—Subcommittee Chair The Subcommittee Chair will lead a discussion regarding potential conflicting guidance for these companies. VIII. Intrastate Carriers Processing Payment—Subcommittee Chair and Subcommittee Vice Chair The Subcommittee Chair and Subcommittee Vice Chair will lead a discussion regarding these carriers contacting their financial institution to withdraw payment and how this action leaves those carriers permanently on the UCR Suspension Report. The states have no way of removing them from the PO 00000 Frm 00132 Fmt 4703 Sfmt 9990 15771 report. The Subcommittee may discuss options for resolution of these issues. IX. Motor Carriers with Repeated Suspended Payments for a Registration Year—Subcommittee Chair and Subcommittee Vice Chair The Subcommittee Chair and Subcommittee Vice Chair will lead a discussion regarding the resolution of these suspended payments. X. Motor Carriers Suspended in a Prior Year, May be Reported Suspended for the Current Year—Subcommittee Chair and Subcommittee Vice Chair The Subcommittee Chair and Subcommittee Vice Chair will lead a discussion regarding carriers that were suspended in a prior registration year, then properly paid registration fees for the current year, may now show suspended for both years. The Subcommittee will discuss options for the resolution of these suspended payments. XI. Allowing Motor Carrier to Process 2020/2021 UCR on Inactive USDOT (inactivated 2014)—Subcommittee Chair and Subcommittee Vice Chair The Subcommittee Chair and Subcommittee Vice Chair will lead a discussion regarding the suspended payments. XII. Review the Requirements for the 2020 Annual State Audit Report— Subcommittee Chair The Subcommittee Chair will lead a discussion regarding the reports and percentages for the annual report to the Board which is due by June 1, 2021. XIII. Other Items—Subcommittee Chair The Subcommittee Chair will call for any other items the committee members would like to discuss. XIV. Adjournment—Subcommittee Chair The Subcommittee Chair will adjourn the meeting. The agenda will be available no later than 5:00 p.m. Eastern time, March 18, 2021 at: https://plan.ucr.gov. CONTACT PERSON FOR MORE INFORMATION: Elizabeth Leaman, Chair, Unified Carrier Registration Plan Board of Directors, (617) 305–3783, eleaman@ board.ucr.gov. Alex B. Leath, Chief Legal Officer, Unified Carrier Registration Plan. [FR Doc. 2021–06151 Filed 3–22–21; 11:15 am] BILLING CODE 4910–YL–P E:\FR\FM\24MRN1.SGM 24MRN1

Agencies

[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Notices]
[Pages 15769-15771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06025]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0100; Notice 1]


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

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

ACTION: Receipt of petition.

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

SUMMARY: Nissan North America, Inc. (Nissan) has determined that 
certain model year (MY) 2020 Nissan Sentra motor vehicles do not fully 
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, 
Lamps, Reflective Devices, and Associated Equipment. Nissan filed a 
noncompliance report dated August 26, 2020. Nissan subsequently 
petitioned NHTSA on September 18, 2020, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety. 
This notice announces receipt of Nissan's petition.

DATES: Send comments on or before April 23, 2021.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except for Federal holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and

[[Page 15770]]

will be considered. All comments and supporting materials received 
after the closing date will also be filed and will be considered to the 
fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the docket. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:

I. Overview

    Nissan has determined that certain MY 2020 Nissan Sentra motor 
vehicles do not fully comply with the requirements of paragraph 
S10.18.9.1.2 of FMVSS No. 108, Lamps, Reflective Devices, and Associate 
Equipment (49 CFR 571.108). Nissan filed a noncompliance report dated 
August 26, 2020, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Nissan subsequently petitioned NHTSA on 
September 18, 2020, for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential as it relates to motor vehicle safety, 
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 
Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt of Nissan's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any Agency decision or 
other exercise of judgment concerning the merits of the petition.

II. Motor Vehicles Involved

    Approximately 5,520 MY 2020 Nissan Sentra motor vehicles, 
manufactured between November 26, 2019, and March 24, 2020, are 
potentially involved.

III. Noncompliance

    Nissan explains that the noncompliance is that the right-hand LED 
headlamp aim in the subject vehicle may be misaligned resulting in a 
vertical gradient value below 0.13 as required by paragraph 
S10.18.9.1.2 of FMVSS No. 108.

IV. Rule Requirements

    Paragraph S10.18.9.1.2 of FMVSS No. 108 includes the requirements 
relevant to this petition. Vertical gradient. The gradient of the 
cutoff measured at either 2.5[deg] L or 2.0[deg] R must be not less 
than 0.13 based on the procedure of S10.18.9.1.5.

V. Summary of Nissan's Petition

    The following views and arguments presented in this section, ``V. 
Summary of Nissan's Petition,'' are the views and arguments provided by 
Nissan. They have not been evaluated by the Agency and do not reflect 
the views of the Agency. Nissan describes the subject noncompliance and 
contends that the noncompliance is inconsequential as it relates to 
motor vehicle safety.
    In support of its petition, Nissan provided NHTSA with the 
following:
    1. Nissan states that the supplier (Ichikoh) did not apply the 
correct aiming logic when setting the head lamp aim parameters in the 
subject vehicles and, as a result, the right-hand LED headlamp aim may 
be misaligned resulting in a vertical gradient value below 0.13. Nissan 
asserts that a lower G-Value will lead to a headlamp cut line that is 
slightly less sharp. Ichikoh inspected 3,506 lamps and found 572 lamps 
with a G-Value below 0.13. However, when the cut-off value is brought 
down to two decimals instead of three (per the express requirement in 
FMVSS No. 108), only 286 lamps (about 8%) fall below the 0.13 minimum 
threshold. Of the 286 lamps, 248 (about 87%) are at a gradient value of 
0.12.
    2. Ichikoh has also confirmed that, even when the G-Value is below 
0.13, all points of the Light Distribution achieve the required 
specifications of FMVSS No. 108 for both the low and high beam 
performance.
    3. Nissan states that it has not received any reports from the 
field of customer complaints, warranty claims, crashes, injuries, or 
fatalities related to this issue.
    4. Nissan contends that the purpose of the gradient requirement is 
to assist in headlamp re-aiming. Nissan says that the vehicles 
potentially affected by this issue were aimed properly at the factory 
using a different aiming method. Therefore, the only potential concern 
would relate to re-aiming performed after the vehicle has been in use. 
Aiming of the headlamps by a service technician in the field is an 
event that is expected to occur infrequently. To confirm this, Nissan 
searched its repair order database for repair orders on the previous 
generation Sentra that involved re-aiming of the headlamps. Out of 
1,389,330 vehicles, only 161 repair orders were found that involved 
headlamp aiming. This rate of repair would be 0.011% of vehicles. If 
the same rate of repair is applied to the expected 420 vehicles in the 
subject population, we would expect only 0.05 vehicles of the subject 
population to require a re-aiming in the field.
    5. Nissan asserts that the difference in gradient values between 
0.12 and 0.13 does not materially affect the ability of a service 
technician to properly aim the lamp in the rare case that this would 
need to be done in the field.
    6. Even if the lamps had to be re-aimed at some point, according to 
Nissan, it is unlikely the driver or other motorists would notice any 
glare or observable difference in operation between a fully compliant 
lamp and the subject lamps, based on the conditions described above.
    7. In the subject parts, all points of the light distribution 
achieve the required specifications of FMVSS No. 108 for both the low 
and high beam performance.
    Nissan concludes by again contending that the subject noncompliance 
is inconsequential as it relates to motor vehicle safety, and that its 
petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, any decision on 
this petition only applies to the subject vehicles that Nissan no 
longer controlled at the time it determined that the noncompliance 
existed. However, any decision on this petition does not relieve 
vehicle distributors and dealers of the prohibitions on the sale, offer 
for sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant vehicles under their control after Nissan 
notified them that the subject noncompliance existed.


[[Page 15771]]


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

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-06025 Filed 3-23-21; 8:45 am]
BILLING CODE 4910-59-P