Maserati North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 4991-4993 [2022-01828]
Download as PDF
Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Notices
Categories of Records: The maximum
number of records involved in this
matching activity is the number of
records maintained in SSA’s SORs. Data
elements disclosed in the matching
governed by the Agreement are
Personally Identifiable Information from
SSA’s specified SORs, including names,
SSNs, addresses, amounts, and other
information related to SSA’s benefits
and earnings information. Specific
listings of data elements are available at:
https://www.ssa.gov/dataexchange/.
System(s) of Records: SSA’s SORs
used for purposes of the subject data
exchanges include:
• 60–0058—Master Files of SSN
Holders and SSN Applications;
• 60–0059—Earnings Recording and
Self-Employment Income System;
• 60–0090—Master Beneficiary
Record;
• 60–0103—Supplemental Security
Income Record (SSR) and Special
Veterans Benefits (SVB);
• 60–0269—Prisoner Update
Processing System (PUPS); and
• 60–0321—Medicare Database
(MDB) File.
States will ensure that the Federal tax
information contained in SOR 60–0059
(Earnings Recording and SelfEmployment Income System) will only
be used in accordance with 26 U.S.C.
6103.
[FR Doc. 2022–01847 Filed 1–28–22; 8:45 am]
BILLING CODE 4191–02–P
[Public Notice: 11638]
Notice of Determinations; Culturally
Significant Object Being Imported for
Conservation, Scientific Research, and
Exhibition
Notice is hereby given of the
following determinations: I hereby
determine that a certain object, entitled
‘‘Hercules and Omphale’’ by Artemisia
Gentileschi, being imported from abroad
pursuant to an agreement with its
foreign owner or custodian for
temporary conservation, scientific
research, and exhibition or display at
The J. Paul Getty Museum at the Getty
Center, Los Angeles, California, and at
possible additional exhibitions or
venues yet to be determined, is of
cultural significance, and, further, that
its temporary conservation, scientific
research, and exhibition or display
within the United States as
aforementioned are in the national
interest. I have ordered that Public
Notice of these determinations be
published in the Federal Register.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
17:38 Jan 28, 2022
Stacy E. White,
Deputy Assistant Secretary for Professional
and Cultural Exchanges, Bureau of
Educational and Cultural Affairs, Department
of State.
[FR Doc. 2022–01862 Filed 1–28–22; 8:45 am]
BILLING CODE 4710–05–P
Jkt 256001
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), E.O. 12047 of
March 27, 1978, the Foreign Affairs
Reform and Restructuring Act of 1998
(112 Stat. 2681, et seq.; 22 U.S.C. 6501
note, et seq.), Delegation of Authority
No. 234 of October 1, 1999, Delegation
of Authority No. 236–3 of August 28,
2000, and Delegation of Authority No.
523 of December 22, 2021.
Stacy E. White,
Deputy Assistant Secretary for Professional
and Cultural Exchanges, Bureau of
Educational and Cultural Affairs, Department
of State.
[FR Doc. 2022–01861 Filed 1–28–22; 8:45 am]
BILLING CODE 4710–05–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2021–0079; Notice 1]
Maserati North America, Inc., Receipt
of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
DEPARTMENT OF STATE
[Public Notice: 11641]
Notice of Determinations; Culturally
Significant Objects Being Imported for
Exhibition—Determinations: ‘‘Jurassic
Oceans: Monsters of the Deep’’
Exhibition
Notice is hereby given of the
following determinations: I hereby
determine that certain objects being
imported from abroad pursuant to an
agreement with their foreign owner or
custodian for temporary display in the
exhibition ‘‘Jurassic Oceans: Monsters of
the Deep’’ at the Field Museum of
Natural History, Chicago, Illinois and at
possible additional exhibitions or
venues yet to be determined, are of
cultural significance, and, further, that
their temporary exhibition or display
within the United States as
aforementioned is in the national
interest. I have ordered that Public
Notice of these determinations be
published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Chi
D. Tran, Program Administrator, Office
of the Legal Adviser, U.S. Department of
State (telephone: 202–632–6471; email:
section2459@state.gov). The mailing
address is U.S. Department of State,
L/PD, 2200 C Street NW (SA–5), Suite
5H03, Washington, DC 20522–0505.
SUPPLEMENTARY INFORMATION: The
foregoing determinations were made
pursuant to the authority vested in me
SUMMARY:
DEPARTMENT OF STATE
VerDate Sep<11>2014
Chi
D. Tran, Program Administrator, Office
of the Legal Adviser, U.S. Department of
State (telephone: 202–632–6471; email:
section2459@state.gov). The mailing
address is U.S. Department of State, L/
PD, 2200 C Street NW (SA–5), Suite
5H03, Washington, DC 20522–0505.
SUPPLEMENTARY INFORMATION: The
foregoing determinations were made
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), E.O. 12047 of
March 27, 1978, the Foreign Affairs
Reform and Restructuring Act of 1998
(112 Stat. 2681, et seq.; 22 U.S.C. 6501
note, et seq.), Delegation of Authority
No. 234 of October 1, 1999, Delegation
of Authority No. 236–3 of August 28,
2000, and Delegation of Authority No.
523 of December 22, 2021.
FOR FURTHER INFORMATION CONTACT:
4991
PO 00000
Frm 00160
Fmt 4703
Sfmt 4703
Maserati North America, Inc.,
(MNA), has determined that certain
model year (MY) 2014–2021 Maserati
Ghibli, Quattroporte, and Levante motor
vehicles do not fully comply with
Federal Motor Vehicle Safety Standard
(FMVSS) No. 208, Occupant Crash
Protection. MNA filed a noncompliance
report dated August 5, 2021. MNA
subsequently petitioned NHTSA on
August 30, 2021, and amended its
petition on January 13, 2022, for a
decision that the subject noncompliance
is inconsequential as it relates to motor
vehicle safety. This document
announces receipt of MNA’s petition.
DATES: Send comments on or before
March 2, 2022.
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 may be 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–
SUMMARY:
E:\FR\FM\31JAN1.SGM
31JAN1
4992
Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
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
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
dockets. 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
MNA has determined that certain MY
2014–2021 Maserati Levante, Ghibli,
and Quattroporte motor vehicles do not
fully comply with paragraph
S4.5.1(b)(3) of FMVSS No. 208,
Occupant Crash Protection (49 CFR
571.208).
VerDate Sep<11>2014
17:38 Jan 28, 2022
Jkt 256001
MNA filed a noncompliance report
dated August 5, 2021, pursuant to 49
CFR part 573, Defect and
Noncompliance Responsibility and
Reports. MNA subsequently petitioned
NHTSA on August 30, 2021, and
amended its petition on January 13,
2022, 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 the MNA’s
petition is published under 49 U.S.C.
30118 and 30120 and does not represent
any agency decision or another exercise
of judgment concerning the merits of the
petition.
II. Vehicles Involved
Approximately 78,588 MY 2017–2021
Maserati Levante, manufactured
between May 20, 2016 and July 13,
2021, and MY 2014–2021 Maserati
Ghibli and Quattroporte motor vehicles,
manufactured between April 30, 2013,
and July 13, 2021, are potentially
involved.
III. Noncompliance
MNA explains that the subject
vehicles are equipped with air bag
warning labels that are affixed to the
headliner, rather than either side of the
sun visor, as required by S4.5.1(b) (3) of
FMVSS No. 208.
IV. Rule Requirements
Paragraph S4.5.1(b)(3) of FMVSS No.
208, includes the requirements relevant
to this petition. Vehicles certified to
meet the requirements specified in S19,
S21, or S23 on or after September 1,
2003 shall have a label permanently
affixed to either side of the sun visor, at
the manufacturer’s option, at each front
outboard seating position that is
equipped with an inflatable restraint.
V. Summary of MNA’s Petition
The following views and arguments
presented in this section, ‘‘V. Summary
of MNA’s Petition,’’ are the views and
arguments provided by MNA. They
have not been evaluated by the Agency
and do not reflect the views of the
Agency. MNA describes the subject
noncompliance and contends that the
noncompliance is inconsequential as it
relates to motor vehicle safety.
In support of its petition, MNA
submits the following reasoning:
MNA says that the sun visor is affixed
with an airbag alert label that informs
‘‘passengers to flip the sun visor to the
PO 00000
Frm 00161
Fmt 4703
Sfmt 4703
down position’’ to view the warning
label. MNA also says that the although
the airbag warning label is affixed to the
headliner, the label is clearly visible
when the sun visor is in the down
position. In its petition, MNA provides
computer-aided design (CAD)
illustrations of the airbag alert label and
noncompliant airbag warning label.
MNA states its belief that although the
airbag warning label is not positioned
on the sun visor, in combination with
the airbag alert label, the airbag warning
label is displayed as intended by
FMVSS No. 208. In support of this
argument, MNA cites a 2016 Notice of
Proposed Rulemaking (NPRM) on
Vehicle Defect Reporting Requirements 1
in which MNA says NHTSA assessed
‘‘the suitability of the headliner for
safety warning labels in Section IV,
alternatives considered and proposed
for the label, and finds the headliner to
be an effective location for a safety
warning label.’’ MNA cites NHTSA as
stating ‘‘[t]he agency also recognizes
that the headliner above the sun visor
may have similar benefits to the visor
without some of the disadvantages of
the visor.’’ as an effective location for
safety warning labels.’’ MNA further
states that NHTSA has found the
headliner to be of similar benefit as the
sun visor for the placement of the air
bag warning label. Id.
MNA says it ‘‘is not aware of any
crashes, injuries, or customer
complaints associated with this
condition’’ and that production is being
updated to correct the noncompliance
in future vehicles.
MNA concludes that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety and 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 MNA 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
1 See
E:\FR\FM\31JAN1.SGM
81 FR 85478 (November 28, 2016).
31JAN1
Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Notices
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 MNA notified them that the
subject noncompliance existed.
(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. 2022–01828 Filed 1–28–22; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2021–0040; Notice 1]
Toyota Motor North America, Inc.,
Receipt of Petitions for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petitions.
AGENCY:
Toyota Motor North America,
Inc. (TMNA) on behalf of Toyota Motor
Corporation (TMC) (collectively referred
to as ‘‘Toyota’’) has determined that
certain replacement seat belt assemblies
manufactured by Marutaka, Tokai Rika
Japan, Autoliv, NSK, Joyson Safety
Systems Acquisition, TRQSS, Key
Safety Restraint Systems, Inc., Tokai
Rika Czech, BMW Group Headquarters,
Subaru Corporation, and Mazda North
America Operations, and sold to Toyota
dealerships as replacement equipment
do not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No.
209, Seat Belt Assemblies. Toyota filed
three noncompliance reports, two dated
April 20, 2021, and the other dated May
4, 2021. Toyota subsequently submitted
two petitions to NHTSA both dated May
14, 2021, for a decision that the subject
noncompliances are inconsequential as
they relate to motor vehicle safety. This
notice announces receipt of Toyota’s
petitions.
DATES: Send comments on or before
March 2, 2022.
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
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:38 Jan 28, 2022
Jkt 256001
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
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 petitions are granted or
denied, notice of the decisions 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).
FOR FURTHER INFORMATION CONTACT: Jack
Chern, Office of Vehicle Safety
Compliance, the National Highway
Traffic Safety Administration (NHTSA),
telephone (202) 366–0661.
PO 00000
Frm 00162
Fmt 4703
Sfmt 4703
4993
SUPPLEMENTARY INFORMATION:
I. Overview
Toyota has determined that certain
replacement seat belt assemblies
manufactured by Marutaka, Tokai Rika
Japan, Autoliv, NSK, Joyson Safety
Systems Acquisition, TRQSS, Key
Safety Restraint Systems, Inc., Tokai
Rika Czech, BMW Group Headquarters,
Subaru Corporation, and Mazda North
America Operations, and sold to Toyota
dealerships as replacement equipment
do not fully comply with the
requirements of paragraph S4.1(k) and
(l) of FMVSS No. 209, Seat Belt
Assemblies (49 CFR 571.209). Toyota
filed three noncompliance reports, two
dated April 20, 2021, and the other
dated May 4, 2021, pursuant to 49 CFR
part 573, Defect and Noncompliance
Responsibility and Reports. Toyota
subsequently submitted two petitions to
NHTSA both dated May 14, 2021, 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 Toyota’s
petitions 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. Equipment Involved
Potentially involved seat belt
assemblies are as follows:
1. Approximately 33,000 replacement
seat belt assemblies manufactured by
Marutaka and Tokai Rika Japan between
November 1, 1995, and February 28,
2021;
2. approximately 1,400,000
replacement seat belt assemblies
manufactured by Marutaka, Tokai Rika
Japan, Autoliv, NSK, Joyson Safety
Systems Acquisition, TRQSS, Key
Safety Restraint Systems, Inc., and
Tokai Rika Czech between October 1,
1994, and February 28, 2021; and
3. approximately 6,160 replacement
seat belt assemblies manufactured by
BMW Group Headquarters, Subaru
Corporation, Mazda North America
Operations between March 1, 2012, and
April 30, 2021.
III. Noncompliance
Toyota explains that the
noncompliance involves replacement
seat belt assemblies manufactured by
Marutaka, Tokai Rika Japan, Autoliv,
NSK, Joyson Safety Systems
E:\FR\FM\31JAN1.SGM
31JAN1
Agencies
[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Pages 4991-4993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01828]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0079; Notice 1]
Maserati 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: Maserati North America, Inc., (MNA), has determined that
certain model year (MY) 2014-2021 Maserati Ghibli, Quattroporte, and
Levante motor vehicles do not fully comply with Federal Motor Vehicle
Safety Standard (FMVSS) No. 208, Occupant Crash Protection. MNA filed a
noncompliance report dated August 5, 2021. MNA subsequently petitioned
NHTSA on August 30, 2021, and amended its petition on January 13, 2022,
for a decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This document announces receipt of
MNA's petition.
DATES: Send comments on or before March 2, 2022.
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 may be
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-
[[Page 4992]]
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 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 dockets. 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
MNA has determined that certain MY 2014-2021 Maserati Levante,
Ghibli, and Quattroporte motor vehicles do not fully comply with
paragraph S4.5.1(b)(3) of FMVSS No. 208, Occupant Crash Protection (49
CFR 571.208).
MNA filed a noncompliance report dated August 5, 2021, pursuant to
49 CFR part 573, Defect and Noncompliance Responsibility and Reports.
MNA subsequently petitioned NHTSA on August 30, 2021, and amended its
petition on January 13, 2022, 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 the MNA's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
another exercise of judgment concerning the merits of the petition.
II. Vehicles Involved
Approximately 78,588 MY 2017-2021 Maserati Levante, manufactured
between May 20, 2016 and July 13, 2021, and MY 2014-2021 Maserati
Ghibli and Quattroporte motor vehicles, manufactured between April 30,
2013, and July 13, 2021, are potentially involved.
III. Noncompliance
MNA explains that the subject vehicles are equipped with air bag
warning labels that are affixed to the headliner, rather than either
side of the sun visor, as required by S4.5.1(b) (3) of FMVSS No. 208.
IV. Rule Requirements
Paragraph S4.5.1(b)(3) of FMVSS No. 208, includes the requirements
relevant to this petition. Vehicles certified to meet the requirements
specified in S19, S21, or S23 on or after September 1, 2003 shall have
a label permanently affixed to either side of the sun visor, at the
manufacturer's option, at each front outboard seating position that is
equipped with an inflatable restraint.
V. Summary of MNA's Petition
The following views and arguments presented in this section, ``V.
Summary of MNA's Petition,'' are the views and arguments provided by
MNA. They have not been evaluated by the Agency and do not reflect the
views of the Agency. MNA describes the subject noncompliance and
contends that the noncompliance is inconsequential as it relates to
motor vehicle safety.
In support of its petition, MNA submits the following reasoning:
MNA says that the sun visor is affixed with an airbag alert label
that informs ``passengers to flip the sun visor to the down position''
to view the warning label. MNA also says that the although the airbag
warning label is affixed to the headliner, the label is clearly visible
when the sun visor is in the down position. In its petition, MNA
provides computer-aided design (CAD) illustrations of the airbag alert
label and noncompliant airbag warning label.
MNA states its belief that although the airbag warning label is not
positioned on the sun visor, in combination with the airbag alert
label, the airbag warning label is displayed as intended by FMVSS No.
208. In support of this argument, MNA cites a 2016 Notice of Proposed
Rulemaking (NPRM) on Vehicle Defect Reporting Requirements \1\ in which
MNA says NHTSA assessed ``the suitability of the headliner for safety
warning labels in Section IV, alternatives considered and proposed for
the label, and finds the headliner to be an effective location for a
safety warning label.'' MNA cites NHTSA as stating ``[t]he agency also
recognizes that the headliner above the sun visor may have similar
benefits to the visor without some of the disadvantages of the visor.''
as an effective location for safety warning labels.'' MNA further
states that NHTSA has found the headliner to be of similar benefit as
the sun visor for the placement of the air bag warning label. Id.
---------------------------------------------------------------------------
\1\ See 81 FR 85478 (November 28, 2016).
---------------------------------------------------------------------------
MNA says it ``is not aware of any crashes, injuries, or customer
complaints associated with this condition'' and that production is
being updated to correct the noncompliance in future vehicles.
MNA concludes that the subject noncompliance is inconsequential as
it relates to motor vehicle safety and 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 MNA 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
[[Page 4993]]
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 MNA notified them that the subject
noncompliance existed.
(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. 2022-01828 Filed 1-28-22; 8:45 am]
BILLING CODE 4910-59-P