National Highway Traffic Safety Administration November 2011 – Federal Register Recent Federal Regulation Documents

Denial of Motor Vehicle Defect Petition, DP10-002
Document Number: 2011-30612
Type: Notice
Date: 2011-11-29
Agency: National Highway Traffic Safety Administration, Department of Transportation
This notice describes the reasons for denying a petition (DP10-002) submitted to NHTSA under 49 U.S.C. Subtitle B, Chapter V, Part 552, Subpart A, requesting that the agency conduct ``an investigation of defective products manufactured by Dayton Wheel Concepts, Inc. (`Dayton Wheel' and American Wire Wheel, LLC (`American Wheel').'' The petition listed the allegedly defective products and the alleged defect (which varied by allegedly defective product).
Goodyear Tire and Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance
Document Number: 2011-30569
Type: Notice
Date: 2011-11-28
Agency: National Highway Traffic Safety Administration, Department of Transportation
Goodyear Tire and Rubber Company, (Goodyear),\1\ has determined that approximately 14,826 passenger car replacement tires manufactured between August of 2007 and May of 2009, do not fully comply with paragraph S5.5(f) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. Goodyear has filed an appropriate report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports (Dated July 8, 2009).
General Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance
Document Number: 2011-30563
Type: Notice
Date: 2011-11-28
Agency: National Highway Traffic Safety Administration, Department of Transportation
General Motors, LLC (GM),\1\ has determined that certain 2008 through 2010 Model Year Chevrolet Malibu passenger cars equipped with automatic transmissions and manufactured May 2007 through March 2010 do not fully meet the requirements of paragraph S3.1.4.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 102, Transmission Shift Position Sequence, Starter Interlock, and Transmission Braking Effect. GM filed an appropriate report pursuant to 49 CFR Part 573 Defect and Noncompliance Responsibility and Reports, dated March 30, 2010.
JCA Corporation, Grant of Petition for Decision of Inconsequential Noncompliance
Document Number: 2011-30562
Type: Notice
Date: 2011-11-28
Agency: National Highway Traffic Safety Administration, Department of Transportation
JCA Corporation (JCA)\1\, has determined that certain Trail America brand Special Trailer ``ST'' tires that it imported failed to meet the requirements of paragraph S6.5(d) of Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536 Kilograms (10,000 Pounds) and Motorcycles. JCA has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports (dated October 19, 2009).
Technical Report on Fatality Risk, Mass, and Footprint of Model Year 2000-2007 Passenger Cars and LTVs
Document Number: 2011-30561
Type: Notice
Date: 2011-11-28
Agency: National Highway Traffic Safety Administration, Department of Transportation
This notice announces NHTSA's publication of a technical report describing relationships between a vehicle's mass, footprint (size), and body type and its rate of involvement in fatal crashes. The report's title is: Relationships Between Fatality Risk, Mass, and Footprint in Model Year 2000-2007 Passenger Cars and LTVsPreliminary Report.
Technical Report Evaluating the 1999-2003 Head Impact Upgrade of FMVSS No. 201, Upper-Interior Components
Document Number: 2011-30560
Type: Notice
Date: 2011-11-28
Agency: National Highway Traffic Safety Administration, Department of Transportation
This notice announces NHTSA's publication of a Technical Report reviewing and evaluating its existing Safety Standard 201, Occupant Protection in Interior Impact. The report's title is: Evaluation of the 1999-2003 Head Impact Upgrade of FMVSS No. 201 Upper-Interior Components: Effectiveness of Energy-Absorbing Materials Without Head-Protection Air Bags.
Federal Motor Vehicle Safety Standards; Small Business Impacts of Motor Vehicle Safety
Document Number: 2011-30277
Type: Proposed Rule
Date: 2011-11-28
Agency: National Highway Traffic Safety Administration, Department of Transportation
NHTSA seeks comments on the economic impact of its regulations on small entities. As required by Section 610 of the Regulatory Flexibility Act, we are attempting to identify rules that may have a significant economic impact on a substantial number of small entities. We also request comments on ways to make these regulations easier to read and understand. The focus of this notice is rules that specifically relate to school buses and other buses.
Reports, Forms, and Recordkeeping Requirements
Document Number: 2011-30391
Type: Notice
Date: 2011-11-25
Agency: National Highway Traffic Safety Administration, Department of Transportation
This notice solicits public comments on continuation of the requirements for the collection of information on safety standards. 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 a collection of information on nine Federal motor vehicle safety standards (FMVSSs) and two regulations, for which NHTSA intends to seek OMB approval. The information collection pertains to requirements that specify certain description, instructions and safety precautions regarding items of motor vehicle equipment must appear in the vehicle owner's manual.
Reports, Forms, and Recordkeeping Requirements
Document Number: 2011-30389
Type: Notice
Date: 2011-11-25
Agency: National Highway Traffic Safety Administration, Department of Transportation
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.
Meeting Notice-Federal Interagency Committee on Emergency Medical Services
Document Number: 2011-30309
Type: Notice
Date: 2011-11-25
Agency: National Highway Traffic Safety Administration, Department of Transportation
NHTSA announces a meeting of the Federal Interagency Committee on Emergency Medical Services (FICEMS) to be held in the Washington, DC area. This notice announces the date, time and location of the meeting, which will be open to the public. Pre-registration is required to attend.
Continental Tire North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance
Document Number: 2011-29740
Type: Notice
Date: 2011-11-17
Agency: National Highway Traffic Safety Administration, Department of Transportation
Continental Tire North America, Inc., (Continental), has determined that certain passenger car tires manufactured between March of 2007 and June of 2009 did not fully comply with paragraphs S5.5(e) and S5.5(f) of Federal Motor Vehicle Safety Standards (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. Continental has filed an appropriate report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports (dated June 30, 2009). Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, Continental has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. Notice of receipt of Continental's petition was published, with a 30-day public comment period, on April 7, 2010, in the Federal Register (75 FR 17830). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2010-0024.'' For further information on this decision, contact Mr. George Gillespie, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-5299, facsimile (202) 366-7002. Affected are approximately 28,169 size 235/55R18 100V SL Continental brand CrossContact UHP model passenger car tires manufactured between March of 2007 and June of 2009 at Continental's plant located in Otrokovice, Czech Republic. A total of 8,858 of these tires have been delivered to Continental's customers. The remaining tires (approximately 19,311) are being held in Continental's possession until they can be correctly relabeled. Continental explains that the noncompliance is that, due to a mold stamping anomaly, the sidewall marking on the tires incorrectly describes the actual generic name and number of the body plies. Specifically, the tires in question were inadvertently manufactured with ``TREAD 6 PLIES: 2 POLYESTER + 2 STEEL + 2 NYLON; SIDEWALL 2 PLY POLYESTER.'' The labeling should have been ``TREAD 5 PLIES: 1 RAYON + 2 STEEL + 2 NYLON; SIDEWALL 1 PLY RAYON.'' Continental states that all other sidewall identification markings and safety information are correct. Continental argues that this non-compliant sidewall marking is inconsequential to motor vehicle safety as it ``does not affect the safety, performance and durability of the tire; the tires were built as designed.'' In addition, Continental states that the tires comply with all other NHTSA requirements. Continental said that it performs ongoing compliance testing ``to assure tire performance'' and that ``all tires included in this petition will meet or exceed the performance requirements of FMVSS 139.'' Continental further states that ``there will be no operational impact on the performance or safety of vehicles on which these tires are mounted.'' Continental points out that NHTSA has previously granted similar petitions for non-compliances in sidewall marking. Continental also stated that it has corrected the problem that caused these errors so that they will not be repeated in future production. In summation, Continental states that it believes that because the noncompliances are inconsequential to motor vehicle safety that no corrective action is warranted. NHTSA Decision: The agency agrees with Continental that the noncompliances are inconsequential to motor vehicle safety. The agency believes that the true measure of inconsequentiality to motor vehicle safety in this case is that there is no effect of the noncompliances on the operational safety of vehicles on which these tires are mounted. The safety of people working in the tire retread, repair, and recycling industries must also be considered. Although tire construction affects the strength and durability, neither the agency nor the tire industry provides information relating tire strength and durability to the number of plies and types of ply cord material in the tread and sidewall. Therefore, tire dealers and customers should consider the tire construction information along with other information such as load capacity, maximum inflation pressure, and tread wear, temperature, and traction ratings, to assess performance capabilities of various tires. In the agency's judgment, the incorrect labeling of the tire construction information will have an inconsequential effect on motor vehicle safety because most consumers do not base tire purchases or vehicle operation parameters on the ply material in a tire. The agency also believes the noncompliance will have no measureable effect on the safety of the tire retread, repair, and recycling industries. The use of steel cord construction in the sidewall and tread is the primary safety concern of these industries. In this case, since the tire sidewalls do not contain steel plies, this potential safety concern does not exist. 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, this decision only applies to the 8,858 \1\ tires that Continental no longer controlled at the time that it determined that a noncompliance existed in the subject vehicles.
Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review
Document Number: 2011-29607
Type: Notice
Date: 2011-11-16
Agency: National Highway Traffic Safety Administration, Department of Transportation
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The Federal Register Notice with a 60-day comment period was published on August 22, 2011 [FR Doc. 2010-22008].
Reports, Forms, and Recordkeeping Requirements
Document Number: 2011-29361
Type: Notice
Date: 2011-11-16
Agency: National Highway Traffic Safety Administration, Department of Transportation
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 (44 U.S.C. 3501 et seq.), before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatements of previously approved collections. This document describes an Information Collection Request (ICR) for which NHTSA intends to seek OMB approval.
Notice of Receipt of Petition for Decision That Nonconforming 2002 Jaguar XJ8 Passenger Cars Manufactured for Sale in the Kuwaiti Market Are Eligible for Importation
Document Number: 2011-29061
Type: Notice
Date: 2011-11-09
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2002 Jaguar XJ8 passenger cars manufactured for sale in the Kuwaiti market (nonconforming 2002 Kuwaiti Jaguar XJ8 passenger cars) 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 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 (the U.S.-certified version of the 2002 Jaguar XJ8 passenger cars) and they are capable of being readily altered to conform to the standards.
Petition to Modify an Exemption of a Previously Approved Antitheft Device; Porsche
Document Number: 2011-28936
Type: Notice
Date: 2011-11-08
Agency: National Highway Traffic Safety Administration, Department of Transportation
On May 25, 1989, the National Highway Traffic Safety Administration (NHTSA) granted in full Porsche Cars North America's (Porsche) petition for an exemption in accordance with Sec. 543.9(c)(2) of 49 CFR part 543, Exemption from the Theft Prevention Standard for the Porsche 911 vehicle line beginning with model year (MY) 1990. On August 16, 2011, Porsche submitted a petition to modify its previously approved exemption for the Porsche 911 vehicle line and notified the agency that all new successor models within the 911 line will be installed with the proposed antitheft device beginning with MY 2012. NHTSA is granting Porsche's petition to modify the exemption in full, because it has determined that the modified device is also likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard.
Notice of Receipt of Petition for Decision that Nonconforming 1987-1994 ALPINA Burkard Bovensiepen GmbH B11 Sedan Model Passenger Cars Are Eligible for Importation
Document Number: 2011-28893
Type: Notice
Date: 2011-11-08
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 1987-1994 ALPINA B11 sedan model passenger cars 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.
Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Chrysler
Document Number: 2011-28541
Type: Notice
Date: 2011-11-03
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document grants in full the Chrysler LLC, (Chrysler) petition for exemption of the Chrysler [confidential] vehicle line in accordance with 49 CFR part 543, Exemption from Vehicle 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, Federal Motor Vehicle Theft Prevention Standard. Chrysler requested confidential treatment for specific information in its petition. The agency granted Chrysler's request for confidential treatment by letter dated September 14, 2011. Chrysler informed the agency that the nameplate and model year of introduction will be released to the public prior to introduction of the vehicle line.
Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review
Document Number: 2011-27978
Type: Notice
Date: 2011-11-01
Agency: National Highway Traffic Safety Administration, Department of Transportation
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The Federal Register Notice with a 60-day comment period was published on June 24, 2011 [76 FR 37189].