National Highway Traffic Safety Administration 2007 – Federal Register Recent Federal Regulation Documents

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for Part 565, Parts 567 and Part 541 for which NHTSA intends to seek OMB approval.

This notice updates the Conforming Products List (CPL) published in the Federal Register on June 29, 2006 (71 FR 37159) for instruments that conform to the Model Specifications for Evidential Breath Testing Devices (58 FR 48705).

This notice sets forth the reasons for the denial of a petition submitted pursuant to 49 U.S.C. 30162 by Mr. Richard H. McSwain of McSwain Engineering Inc. to NHTSA's Office of Defects Investigation (ODI), received June 29, 2007, requesting that the agency commence a proceeding to determine the existence of a defect related to motor vehicle safety with respect to the manual seatback recliner mechanism in model year 1989-1992 Ford Probe vehicles (subject vehicles). After a review of the petition and other information, NHTSA has concluded that further expenditure of the agency's investigative resources on the issues raised by the petition does not appear to be warranted. The agency accordingly has denied the petition. The petition is hereinafter identified as DP07-001.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.

In this final rule, we (NHTSA) address the problem of motor home and recreation vehicle trailer overloading by amending the Federal Motor Vehicle Safety Standards (FMVSS) on tire selection and rims. This final rule requires manufacturers of all motor homes and recreation vehicle trailers to provide information to consumers in a label that informs the consumer about the vehicle's load carrying capacity. This information is helpful both at the time the consumer is making a purchase decision and as the consumer uses his or her vehicle. We also require that the size of tires on motor homes and recreation vehicle trailers be the same as the size of the tires listed on the tire information label. In addition, this rule provides regulatory relief for dealers from a labeling requirement in the safety standard on tire selection and rims for light vehicles. The standard's requirement can currently require dealers which add even small amounts of weight to re-label the vehicles. Under today's amendment, any party that adds weight to a completed vehicle exceeding the lesser of 1.5 percent of the vehicle's gross vehicle weight rating or 100 pounds (before first sale to the retail customer) is required to disclose this extra weight on labels affixed to the vehicles. Lesser amounts of weight may be added without changing or adding labels. It is our belief that this rule complements the efforts of the recreation vehicle industry to provide consumers with information in order to help reduce overloading motor homes and recreation vehicle trailers. This rulemaking was initiated in response to a petition from Ms. Justine May.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.

In accordance with the procedures in 49 CFR Part 555, Ferrari S.P.A. and Ferrari North America (collectively, ``Ferrari'') have petitioned the agency for a temporary exemption from certain advanced air bag requirements of FMVSS No. 208. The basis for the application is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard. This notice of receipt of an application for temporary exemption is published in accordance with the statutory provisions of 49 U.S.C. 30113(b)(2). NHTSA has made no judgment on the merits of the application.

In response to Section 14(g) of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act, the National Highway Traffic Safety Administration established a child restraint consumer information rating program. This program conducts a yearly assessment on the ease of using add-on child restraints and provides these ratings to the public. The program has been successful in encouraging child restraint manufacturers to improve their harness designs, labels, and manuals such that most now receive the top rating. However, some recent research, as well as a February 2007 public meeting held by the agency on the Lower Anchors and Tethers for Children (LATCH) system has indicated that some features that make child restraints easier to use are not being captured by the current program. Additionally, the agency wants to make sure that the program continues to provide useful information to the public. In an effort to further enhance the program and provide consumers with updated information we are proposing some new features and new rating criteria, and to adjust the scoring system. The agency anticipates that these program changes will result in more child restraints being used correctly by continuing to encourage manufacturers to install more features that help make the restraints easier to use.

This document proposes to amend NHTSA's regulations that prescribe fees authorized by 49 U.S.C. Sec. 30141 for various functions performed by the agency with respect to the importation of motor vehicles that do not conform to all applicable Federal motor vehicle safety and bumper standards. An importer must file with U.S. Customs and Border Protection (CBP) a Department of Transportation (DOT) conformance bond at the time that a nonconforming motor vehicle is offered for importation into the United States, or in lieu of such a bond, the importer may post cash deposits or obligations of the United States to ensure that the vehicle will be brought into conformance with all applicable standards within 120 days from the date of importation, or will be exported from, or abandoned to, the United States. To avoid the costs of a DOT conformance bond, some importers have sought to post cash deposits, which would relieve the importers of the bonding costs but cause the agency to expend considerable resources. To permit the government to recover these expenses, this amendment would establish a fee for the agency's processing of these cash deposits or obligations of the United States that are furnished in lieu of a DOT conformance bond.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agency must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OM B approval.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2000-2003 BMW C1 motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all such standards.

In past interpretations, NHTSA has taken the position that redundant displays, voluntarily provided by the vehicle manufacturer, need not meet the requirements of FMVSS No. 101 Controls, Telltales, and Indicators, if another display fully meets the standard's requirements. This document sets forth a draft interpretation addressing whether this principle should apply to redundant telltales ``of particular safety significance'' placed in ``common spaces.'' We have tentatively concluded that the principle should not be extended to these telltales.

This document grants in full the Chrysler, LLC, (Chrysler) petition for exemption of the Jeep Wrangler vehicle line in accordance with 49 CFR part 543, Exemption from the Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard (49 CFR part 541).

In a final rule published in August 2006, NHTSA amended its safety standard on occupant crash protection to establish the same 56 km/h (35 mph) maximum speed for frontal barrier crash tests using belted 5th percentile adult female test dummies as it had previously adopted for tests using belted 50th percentile adult male dummies. The agency adopted the amendment to help improve crash protection for small statured occupants. In this document, in response to petitions for reconsideration of that rule, we are adjusting the phase-in requirements to permit manufacturers to earn advance credits for vehicles that are certified in compliance with the new higher speed requirement one year in advance of the regulatory requirements, i.e., beginning on September 1, 2008. We are also making technical corrections regarding special phase-in provisions for small volume manufacturers included in the August 2006 rule, as well as in several other regulations.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2000-2001 Moto Guzzi California motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 1993 Ducati 888 motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 1999-2007 Yamaha Drag Star 1100 motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 1988 Ducati 851 motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards.

This document requests comments on data about passenger motor vehicle thefts that occurred in calendar year (CY) 2005 including theft rates for existing passenger motor vehicle lines manufactured in model year (MY) 2005. The preliminary theft data indicate that the vehicle theft rate for CY/MY 2005 vehicles (1.85 thefts per thousand vehicles) increased by 1.1 percent from the theft rate for CY/MY 2004 vehicles (1.83 thefts per thousand vehicles). Publication of these data fulfills NHTSA's statutory obligation to periodically obtain accurate and timely theft data, and publish the information for review and comment.

This notice announces that NHTSA will hold a compliance test program workshop to discuss and demonstrate the Office of Vehicle Safety Compliance (OVSC) Laboratory Test Procedure (TP) for the agency's safety standard for electronic stability control (ESC) systems. Vehicle manufacturers, tier-one ESC suppliers, ESC component manufacturers, and other interested persons with technical knowledge of ESC systems who wish to participate in the workshop are asked to pre- register and are invited to submit related technical issues for discussion at the meeting. Attendance requires registration and is free. Dates and Times: The workshop and demonstration of the test procedure will be held on November 7, 2007 from 8:30 a.m. to 5 p.m. (If a back-up day is required, due to inclement weather, the workshop will take place on November 8, 2007.)

Based on concern that the agency's standard on electric- powered vehicles, as currently written, may inadvertently hinder the development of fuel cell vehicles in the United States, NHTSA is proposing to amend the electrical safety requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 305, Electric-powered vehicles: electrolyte spillage and electrical shock protection. The amendment would ensure that state-of-the-art fuel cell vehicles (FCVs) are consistent with the interests of safety and encompassed by FMVSS No. 305 so that the market may continue to develop. This NPRM also proposes to harmonize FMVSS No. 305 with the revised FMVSS No. 301, as regards rear moving barrier impact test conditions. This rulemaking commenced in response to a petition from the Alliance of Automobile Manufacturers.