National Highway Traffic Safety Administration May 2013 – Federal Register Recent Federal Regulation Documents

Ford Motor Company, Grant of Petition for Decision of Inconsequential Noncompliance
Document Number: 2013-12823
Type: Notice
Date: 2013-05-30
Agency: National Highway Traffic Safety Administration, Department of Transportation
The Ford Motor Company (Ford), has determined that certain model year 2010 Ford Taurus passenger cars and certain model year 2010 Lincoln MKT multi-purpose vehicles do not fully comply with the requirements of paragraph S6.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. Ford filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports, dated November 12, 2009. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, Ford 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 Ford's petition was published, with a 30 day public comment period, on June 4, 2010, in the Federal Register (75 FR 31839). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2010-0060.'' Contact Information: For further information on this decision, contact Mr. Luis Figueroa, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-5298, facsimile (202) 366-7002. Vehicles Involved: Affected are approximately 15,663 model year 2010 Ford Taurus passenger car models, manufactured from June 1, 2009, through October 5, 2009, at Ford's Chicago Assembly Plant, and approximately 3,565 model year 2010 Lincoln MKT multi-purpose vehicle models, manufactured from June 29, 2009, through October 8, 2009, at Ford's Oakville Assembly Plant, a total of approximately 19,228 vehicles are not in compliance with paragraph 6.2 of FMVSS No. 205 relating to windshield marking.\1\
Technical Report on the Injury Vulnerability of Older Occupants and Women
Document Number: 2013-12520
Type: Notice
Date: 2013-05-28
Agency: National Highway Traffic Safety Administration, Department of Transportation
This notice announces NHTSA's publication of a technical report comparing the injury and fatality risk in crashes of older and younger vehicle occupants and of male and female occupants. The report's title is: Injury Vulnerability and Effectiveness of Occupant Protection Technologies for Older Occupants and Women.
Michelin North America, Incorporated, Grant of Petition for Decision of Inconsequential Noncompliance
Document Number: 2013-12359
Type: Notice
Date: 2013-05-23
Agency: National Highway Traffic Safety Administration, Department of Transportation
Michelin North America, Inc. (MNA), has determined that certain Michelin brand passenger car replacement tires, do not fully comply with paragraph S5.5 \1\ of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New pneumatic radial tires for light vehicles. MNA has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports on June 2, 2011.
Notice of Receipt of Petition for Decision that Nonconforming 2005-2007 Alpina B5 Passenger Cars Manufactured Before September 1, 2006 Are Eligible for Importation
Document Number: 2013-12356
Type: Notice
Date: 2013-05-23
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 nonconforming 2005-2007 Alpina B5 passenger cars manufactured before September 1, 2006 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.
Notice of Receipt of Petition for Decision That Nonconforming 2012 Lita GLE-6 Low-Speed Vehicles Are Eligible for Importation
Document Number: 2013-12069
Type: Notice
Date: 2013-05-21
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 2012 Lita GLE-6 low-speed vehicles (LSV) 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.
Receipt of Petition for Decision that Nonconforming 2002 BMW R1100S Motorcycles Are Eligible for Importation
Document Number: 2013-12067
Type: Notice
Date: 2013-05-21
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 BMW R1100S 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.
Receipt of Petition for Decision That Nonconforming 2003 BMW K 1200 GT Motorcycles Are Eligible for Importation
Document Number: 2013-12064
Type: Notice
Date: 2013-05-21
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 2003 BMW K 1200 GT 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.
Nissan North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance
Document Number: 2013-11428
Type: Notice
Date: 2013-05-14
Agency: National Highway Traffic Safety Administration, Department of Transportation
Nissan North America, Inc. (Nissan), has determined that certain model year 2008 through 2010 Nissan Titan trucks do not fully comply with the requirements of paragraph S19.2.2(b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection. Nissan has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports, dated August 18, 2010. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provision at 49 CFR Part 556, Nissan 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 Nissan's petition was published, with a 30 day public comment period, on December 21, 2010, in the Federal Register (75 FR 80109). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2008-0210.'' Contact Information: For further information on this decision, contact Mr. Lawrence Valvo, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-5359, facsimile (202) 366-7002. Vehicles Involved: Affected are approximately 102,254 model year 2008 through 2010 Nissan Titan trucks that were manufactured from April 10, 2007, through August 6, 2010. Summary of Nissan's Petition: Nissan states that the noncompliance is that the label identifying the amber air bag status telltale lamp for the front outboard passenger seating position is identified with the words ``PASSENGER AIR BAG'' instead of ``PASSENGER AIR BAG OFF.'' Nissan believes the noncompliance is inconsequential to motor vehicle safety for the following reasons: 1. The passenger air bag system on the subject vehicles operates as designed and automatically deactivates the passenger air bag when it is appropriate in accordance with the requirements in S19.2 of FMV55 No. 208. That is, the system requires no input from the operator to perform its intended function. Further, the front passenger airbag status telltale operates correctly and illuminates when the passenger air bag is deactivated as required by the standard. 2. The meaning of the air bag status telltale alone (without the identifying words) is unequivocal to the vehicle occupants. The telltale remains off when the passenger air bag is in the normal mode. When the passenger air bag is deactivated, the telltale is illuminated, showing an icon representing an air bag with an X drawn over it. This clearly represents a deactivated air bag. Nissan notes that in certain other markets, the telltale alone is deemed sufficient with no identifying words required next to the telltale. The identifying words ``passenger side air bag'' (without the word ``OFF'') do not confuse the otherwise clear and readily apparent meaning of the telltale. 3. Information provided in several locations in the vehicle owner's manual further reduces any possibility of operator confusion. If the meaning of telltale is unclear, the operator can refer to multiple explanations in the owner's manual. 4. Telltale Function is also described in Quick Reference Guide. 5. There have been no customer complaints, injuries, or accidents related to the word ``OFF'' missing from the label. Nissan has searched its databases and has found no cases of misunderstanding the telltale. 6. Nissan conducted an informal survey at Nissan's National Headquarters Building in Franklin, Tennessee. The building houses mostly business personnel (sales marketing, finance) and not design engineers that would have special understanding of the air bag systems. As employees were approaching the building to begin their workday, they were asked to participate in a survey regarding the Titan and that the survey would take about 30 seconds of their time. The participants represented a good cross-section of the general population by age, gender and race. The subject Titan pickup truck was equipped with the required yellow passenger side air bag status telltale that contained the ``no air bag'' symbol, but did not display the word ``OFF''. The passenger air bag telltale was illuminated. Survey participants were asked to describe the meaning of the telltale. Sixty people participated in the survey. Of the sixty people, 58 responded correctly that the telltale indicated the passenger side airbag was in suppressed mode. The survey shows that people understand the meaning of the passenger air bag telltale even with the word ``OFF'' missing. We note also that adding the word ``OFF'' did not help the two respondents to understand the meaning of the telltale. They would have needed to consult the Owner's Manual. Nissan acknowledges that this was an ad hoc survey that may not meet rigid statistical standards, nevertheless, we believe it is predictive of the results that would be obtained from a larger, controlled survey. 7. A decision to grant this petition would be consistent with arguably similar prior requests related to labeling issues. For example, NHTSA has previously granted petitions related to certain tire and tire placard labeling errors. Nissan also states that it has taken steps to correct the non- compliance in future production. Supported by the above stated reasons, Nissan believes that the described FMVSS No. 208 noncompliance is inconsequential to motor vehicle safety, and that its petition, to exempt it from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120, should be granted. Discussion: Section S19.2.2 of FMVSS No. 208 specifically states:
Volkswagen Group of America, Incorporated, Grant of Petition for Decision of Inconsequential Noncompliance
Document Number: 2013-11412
Type: Notice
Date: 2013-05-14
Agency: National Highway Traffic Safety Administration, Department of Transportation
Volkswagen Group of America, Inc. (Volkswagen),\1\ has determined that certain model year (MY) 2011 Volkswagen Jetta passenger cars equipped with a TDI engine and Goodyear Eagle Vector 205/55 R16 94V XL tires, do not fully comply with paragraph S4.2.1.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less. Volkswagen has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports (dated June 7, 2011).
Petition for Exemption From the Vehicle Theft Prevention Standard; Nissan
Document Number: 2013-11191
Type: Notice
Date: 2013-05-13
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document grants in full Nissan North America, Inc.'s (Nissan) petition for exemption of the Infiniti QX60 (formerly known as the Infiniti JX) 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).
Newell Coach Corporation, Grant of Petition for Decision of Inconsequential Noncompliance
Document Number: 2013-11093
Type: Notice
Date: 2013-05-10
Agency: National Highway Traffic Safety Administration, Department of Transportation
Newell Coach Corporation (Newell) has determined that certain motor homes that it manufactured between June 17, 1996 and August 26, 2008, do not fully comply with paragraph S5.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 120 Tire Selection and Rims for Motor Vehicles with a GVWR of More than 4,536 Kilograms (10,000 pounds). Newell filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports on September 9, 2008. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR Part 556, Newell 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 the petition was published, with a 30-day public comment period, on December 19, 2008 in the Federal Register (73 FR 77876). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http:// www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2008-0210.'' Contact Information: For further information on this decision, contact Mr. John Finneran, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-0654, facsimile (202) 366-5930. Tires Involved: Affected are approximately 456 motor homes manufactured by Newell between June 17, 1996 and August 26, 2008. Newell explains that the noncompliance is that the tire and rim information lettering engraved on the vehicles' certification labels\1\ is only 1.8 millimeters high, as opposed to the 2.4 millimeter height required under paragraph S5.3 of FMVSS No. 120.
Pirelli Tire LLC, Grant of Petition for Decision of Inconsequential Noncompliance
Document Number: 2013-11091
Type: Notice
Date: 2013-05-10
Agency: National Highway Traffic Safety Administration, Department of Transportation
Pirelli Tire LLC (Pirelli), has determined that approximately 30,881 Pirelli Pzero Nero M+S and Scorpion Zero Asimmetrico replacement tires produced between September 2, 2007, and December 12, 2009, do not fully comply with the tire labeling requirements of paragraphs S5.5 and S7.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. On March 12, 2010, Pirelli filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, Pirelli 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. Specifically, Pirelli submitted the original petition dated March 12, 2010, and a supplement to the original petition dated April 12, 2010. Notice of receipt of Pirelli's petition was published, with a 30- day public comment period, on November 9, 2010, in the Federal Register (75 FR 68855). 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-2010-0142.'' Contact Infromation: For further information on this decision, contact Mr. Jack Chern, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-0661, facsimile (202) 366-7002. Tires Involved: Affected are approximately 30,881 Pirelli Pzero Nero M+S and Scorpion Zero Asimmetrico replacement tires produced between September 2, 2007, and December 12, 2009,in the tire sizes indicated in the following listhave the subject noncompliance:
Fuji Heavy Industries USA, Inc., Grant of Petition for Decision of Inconsequential Noncompliance
Document Number: 2013-11089
Type: Notice
Date: 2013-05-10
Agency: National Highway Traffic Safety Administration, Department of Transportation
Fuji Heavy Industries USA, Inc. (Fuji) has determined that certain model year 2010 Subaru Legacy passenger car and Outback multipurpose Passenger Cars, manufactured from the start of their 2010 model year production through June 30, 2009, did not comply with paragraph S19.2.2 of Federal Motor Vehicle Safety Standard FMVSS No. 208, Occupant Crash Protection. Fuji has filed an appropriate report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports, dated July 16, 2009. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, Fuji 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 Fuji's petition was published, with a 30-day public comment period, on April 19, 2010, in the Federal Register (75 FR 20423). Comments were received from Advocates for Highway & Auto Safety. To view the petition, the comments, and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA- 2010-0041.'' For further information on this decision, contact Mr. Lawrence Valvo, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366- 5359. Vehicles Involved: Affected are approximately 3,405 model year 2010 Subaru Legacy passenger car and Outback multipurpose Passenger Cars, manufactured from the start of their 2010 model year production through June 30, 2009. Fuji also estimated that 0.8% of those 3,405 have the subject noncompliance. Summary of Fuji's Analysis and Arguments: Fuji explained that the noncompliance is that front passenger air bag suppression status telltale lamp did not illuminate as required by paragraph S19.2.2 of FMVSS No. 208. Fuji expressed the belief that the cause of the noncompliance is an open circuit in the power supply to the lamp. The Company said that ``installation of the wiring harness to the multifunction display and passenger air bag suppression status telltale was routed at the instrument panel subsupplier such that tension was put on the wiring harness connector'' which can cause it to come loose. To correct this problem, the Company has re-routed the wiring harness to ``push'' rather than ``pull'' on the wiring harness connector in vehicles manufactured after July 10, 2009. The noncompliance was discovered on July 1, 2009, at the Company's Subaru Indiana plant during a quality inspection process that revealed a number of multi-function displays that did not illuminate and further inspection revealed that this also affected the front passenger air bag suppression status telltale.\1\
Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs)
Document Number: 2013-10940
Type: Notice
Date: 2013-05-08
Agency: National Highway Traffic Safety Administration, Department of Transportation
This notice revises the Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs). The Model Specifications are guidelines for the performance and uniform testing of BAIIDs. These devices are designed to prevent a driver from starting a motor vehicle when the driver's breath alcohol concentration (BrAC) is at or above a set alcohol level. Every State in the United States has enacted a law providing for the use of BAIIDs as a sanction for drivers convicted of driving while intoxicated offenses. This notice revises the 1992 Model Specifications, to test BAIIDs for conformance. These Model Specifications are based, in part, on input from interested parties during an open comment period. This notice also indicates that NHTSA will delay rendering a decision about the feasibility and timing of a Conforming Products List (CPL) until more information is available. Accordingly, NHTSA plans to conduct an assessment to determine whether establishing and maintaining a CPL is feasible, prior to rendering a decision.
Reports, Forms, and Recordkeeping Requirements
Document Number: 2013-10930
Type: Notice
Date: 2013-05-08
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.