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

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Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Request for Comment
Document Number: 2013-09366
Type: Notice
Date: 2013-04-22
Agency: National Highway Traffic Safety Administration, Department of Transportation
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), this notice announces that the Information Collection Request (ICR) abstracted below will be submitted to the Office of Management and Budget (OMB) for review. The ICR describes the nature of the information collection and its expected burden. A Federal Register Notice with a 60-day comment period soliciting public comments on the following information collection was published on August 14, 2012 (Federal Register/Vol. 77, No. 157/pp. 48608-48609).
Reports, Forms, and Record Keeping Requirements
Document Number: 2013-09365
Type: Notice
Date: 2013-04-22
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 reinstatements of previously approved collections. This document describes the collection of information for which NHTSA intends to seek OMB approval.
Reports, Forms and Record Keeping Requirements, Agency Information Collection Activity Under OMB Review
Document Number: 2013-09140
Type: Notice
Date: 2013-04-18
Agency: National Highway Traffic Safety Administration, Department of Transportation
Before a Federal agency can collect certain information from the public, the agency 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. In compliance with the Paperwork Reduction Act of 1995, this notice describes one collection of information for which NHTSA intends to seek OMB approval.
Organization and Delegation of Duties
Document Number: 2013-09122
Type: Rule
Date: 2013-04-18
Agency: National Highway Traffic Safety Administration, Department of Transportation
National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT) is updating its regulations. These regulations govern the organization of the National Highway Traffic Safety Administration and delegations of authority from the Administrator to Agency officers including the Deputy Administrator, Chief Counsel, and Senior Associate Administrators. This rule is a publication of delegations made by the Administrator to other Agency officials.
Sidump'r Trailer Company, Inc., Grant of Petition for Decision of Inconsequential Noncompliance
Document Number: 2013-08958
Type: Notice
Date: 2013-04-17
Agency: National Highway Traffic Safety Administration, Department of Transportation
Sidump'r Trailer Company, Inc. (Sidump'r) has determined that the rear impact guards on certain trailers that it manufactured between January 10, 2006 and April 13, 2007 do not comply with paragraph S5.1 of 49 CFR 571.224, Federal Motor Vehicle Safety Standard (FMVSS) No. 224, Rear Impact Protection. Sidump'r has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports, dated April 20, 2007. Pursuant to 49 U.S.C. 30118 (d) and 30120 (h) and the rule implementing those provisions at 49 CFR Part 556, Sidump'r 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 a petition was published, with a 30-day public comment period, on August 16, 2007, in the Federal Register (72 FR 46127). The National Highway Traffic Safety Administration (NHTSA) received no comments. 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-2007-28927.'' For further information on this decision, contact Mr. Luis Figueroa, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366-5298, facsimile (202) 366-1002. Trailers Involved: Affected are approximately 416 model 223, 325 and 425 side dump bulk material hauling trailers manufactured by Sidump'r between January 10, 2006 and April 13, 2007. Summary of Sidump'r's Analysis and Arguments: Sidump'r first became aware of the noncompliance of these trailers when Sidump'r received a customer inquiry on or about February 27, 2007 regarding the rear impact guards installed on the subject trailers. As a result of this inquiry, Sidump'r stated that it commenced a thorough engineering evaluation of the rear end of the subject trailers to determine whether they meet the requirements of FMVSS No. 224. Following this engineering evaluation and after consultation with its counsel, Sidump'r determined that the trailers do not comply with FMVSS No. 224. Specifically, Sidump'r has determined that the location of those guards does not meet the requirements of paragraph S5.1.3 of FMVSS No. 224 because there is a ``push block'' located at the rear of the trailer chassis extending 23.62 inches (600 mm) to the rear of the rear impact guard. Sidump'r stated that it considered the ``push blocks'' to be the ``rear extremities'' of the subject trailers. Therefore, it concluded that the rearmost surface of the horizontal members of the rear impact guards are located 11.62 inches (295 mm) too far forward of the ``rear extremity'' of the trailers to conform with the requirements of paragraph S5.1.3. Sidump'r also examined the possibility of the ``push block'' itself serving as the rear impact guard. It determined that the ``push block'' itself does not constitute a compliant rear impact guard as originally installed because it exceeds the maximum ground clearance of 22 inches (560 mm) allowed by paragraph S5.1.2 of FMVSS No. 224 by 1.5 inches (38 mm). Sidump'r stated that it has corrected the problem that caused the noncompliance in the trailers they produced after April 20, 2007 by modifying the design of the trailers to incorporate an additional horizontal member mounted to the underside of the ``push block'' assembly. Sidump'r also stated that it believes this noncompliance is inconsequential to motor vehicle safety and that no further corrective action is warranted due to the geometric characteristics of the trailers and the nature of their field usage. Specifically, Sidump'r makes the arguments that the overall level of safety of the subject trailers is equivalent to a compliant trailer because their ``push block'' is equipped with a guard-like structure that is comparable to a compliant rear impact guard based on dimensional considerations, and on a simulation of the guard performance \1\ when subjected to the loads required under FMVSS No. 223. Sidump'r additionally supported its position that the overall level of safety of the noncompliant trailers is equivalent to comparable trailers by comparing them to road construction controlled horizontal discharge trailers and by citing several previous decisions where NHTSA granted temporary exemptions from compliance with FMVSS No. 224 as the result of petitions filed under 49 CFR Part 555 Temporary Exemption From Motor Vehicle Safety and Bumper Standards for noncompliances that it considers similar in consequence to those covered in this petition.
Notice of Receipt of Petition for Decision That Nonconforming 1991 Volkswagen Transporter Multi-Purpose Vehicles Are Eligible for Importation
Document Number: 2013-08957
Type: Notice
Date: 2013-04-17
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 1991 Volkswagen Transporter Multi-Purpose Passenger Vehicles 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 (1991 Volkswagen Vanagon Multi- Purpose Passenger Vehicles) and they are capable of being readily altered to conform to the standards.
OSRAM SYLVANIA Products, Inc.; Grant of Petition for Decision of Inconsequential Noncompliance
Document Number: 2013-08956
Type: Notice
Date: 2013-04-17
Agency: National Highway Traffic Safety Administration, Department of Transportation
OSRAM SYLVANIA Products, Inc., (OSRAM SYLVANIA), has determined that certain Type ``H11 C'' light sources that it manufactured fail to meet the requirements of paragraph S7.7 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. OSRAM SYLVANIA has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports, dated August 24, 2010. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), OSRAM SYLVANIA 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 January 25, 2011 in the Federal Register (76 FR 4420). 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-2010-0177.'' For further information on this decision contact Mr. Michael Cole, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-2334, facsimile (202) 366-7002. Lamps Involved: OSRAM SYLVANIA estimates that approximately 28,412 ``H11 C'' light sources (bulbs) that it manufactured on June 23 and 24, 2010 are affected. All of the affected light sources were manufactured by OSRAM GmbH, Industriestrasse, Herbrechtingen, Germany. Summary of Osram Sylvania's Analysis and Arguments: OSRAM SYLVANIA described the noncompliance as the mismarking of type ``H11 C'' lighting sources as type ``H11.'' In its petition OSRAM SYLVANIA argues that the noncompliance is inconsequential to motor vehicle safety for the following reasons: (1) The noncompliance in this case pertains solely to the failure of the subject light sources to meet the applicable marking requirements. (2) ``H11 C'' light sources are designed to be completely interchangeable with the original ``H11'' light sources. When Philips Lighting B.V., submitted its modification to the ``H11'' light source specification that became the ``H11 C'' specification it certified that use of the ``H11 C'' light source will not create a noncompliance with any requirement of FMVSS No. 108 when used to replace an ``H11'' light source in a headlamp certified by its manufacturer as conforming to all applicable Federal motor vehicle safety standards. Subject ``H11 C'' light sources are designed to conform to Part 564 Docket NHTSA 98-3397- 81 including the additional requirements under paragraph IX. In other words, inadvertent installation of a subject ``H11 C'' light source in place of an ``H11'' light sourceor vice versawill not create a noncompliance with any of the performance or interchangeability requirements of FMVSS No. 108 (including beam pattern photometrics) or otherwise present an increased risk to motor vehicle safety. (3) ``H11 C'' light sources have the same filament position, dimension and tolerances, capsule and capsule support dimensions, bulb base interchangeability dimensions, seal specifications, and electrical specifications as the ``H11.'' The only difference between the ``H11'' light source and the ``H11 C'' light source is that the ``H11 C'' provides for the light transmitting portion of the glass wall to incorporate a color controlling optical filter in order to improve visibility.\1\
Pilkington North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance
Document Number: 2013-08955
Type: Notice
Date: 2013-04-17
Agency: National Highway Traffic Safety Administration, Department of Transportation
Pilkington North America, Inc. (Pilkington) has determined that certain replacement rear windows manufactured for model year 2006 through 2009 Honda Civic two-door coupe passenger cars manufactured on April 16, 2008, do not fully comply with paragraphs S6.2 and S6.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 205 Glazing Materials. Pilkington has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports, dated February 4, 2009. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, Pilkington 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 Pilkington's petition was published, with a 30-day public comment period, on May 20, 2009, in the Federal Register (74 FR 23775). 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-2009-0092.'' For further information on this decision, contact Mr. Luis Figueroa, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366-5298, facsimile (202) 366-7002. Equipment Involved: Affected are approximately 206 replacement rear windows (National Auto Glass Specifications (NAGS) part number FB22692GTY) for model year 2006 through 2009 Honda Civic two-door coupe passenger cars that were manufactured at Pilkington's Versailles, Kentucky plant on April 16, 2008. Summary of Pilkington's Analysis and Arguments: Pilkington explains that the noncompliance for the 205 replacement rear windows exists due to Pilkington's failure to label the replacement rear windows with the marks required by section 7 of ANSI/SAE Z26.1-1996, the symbol ``DOT,'' and its NHTSA assigned manufacturer code mark. As of the time of the petition, Paragraphs S6.2 and S6.3 of FMVSS No. 205 require in pertinent part: S6.2 A prime glazing manufacturer certifies its glazing by adding to the marks required by section 7 of ANSI/SAE Z26.1 1996, in letters and numerals of the same size, the symbol ``DOT'' and a manufacturer's code mark that NHTSA assigns to the manufacturer. NHTSA will assign a code mark to a manufacturer after the manufacturer submits a written request to the Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration, * * * S6.3 A manufacturer or distributor who cuts a section of glazing material to which this standard applies, for use in a motor vehicle or camper, must (a) Mark that material in accordance with section 7 of ANSI/SAE Z26.1 1996; and (b) Certify that its product complies with this standard in accordance with 49 U.S.C. 30115. Pilkington states that it believes that this noncompliance is inconsequential to motor vehicle safety for the following reasons: (1) The noncompliances relate solely to product monograms or markings and the noncompliant rear windows. Pilkington has tested a number of the parts in its possession and confirmed that they meet or exceed all other applicable performance requirements in FMVSS No. 205. (2) NHTSA has previously granted other exemptions for noncompliant product labeling. In the past, the agency has recognized that the failure to meet labeling requirements often is inconsequential to motor vehicle safety. (3) The information contained in the noncompliant product markings is not required in order for consumers to operate their vehicles safely. Pilkington also stated its belief that the noncompliance will not interfere with any future tracing of the windows because Pilkington is only one of three manufacturers of rear windows for this particular Honda Civic, the other two being PGW (Pittsburgh Glass Works, formerly known as PPG) and Auto Temp, Inc. Given that the windows produced by the two other manufacturers will be properly marked, Pilkington's unlabeled rear windows should easily be identified and traced, if necessary, should any future defects or noncompliances be discovered. Discussion: NHTSA has reviewed and accepts Pilkington's analyses that this noncompliance is inconsequential to motor vehicle safety. Pilkington has provided documentation that the windows do comply with all other safety performance requirements of the standard, except the labeling. This documentation is a surrogate for the certification labeling. NHTSA believes that the lack of labeling would not result in inadvertent replacement of the windows with the wrong glazing. Broken tempered glass can readily be identified as tempered glass, rather than plastic or laminated glass. Anyone who intended to replace the window with an identical tempered glass window would have to contact Pilkington for the proper part, since tempered glass windows cannot be easily manufactured by small field facilities. At that point, Pilkington, or their representative, would be able to provide the correct replacement window by use of their parts system. NHTSA Decision: In consideration of the foregoing, NHTSA has decided that Pilkington has met its burden of persuasion that the FMVSS No. 205 noncompliance in the noncompliant windows described in Pilkington's Noncompliance Information Report is inconsequential to motor vehicle safety. Accordingly, Pilkington's petition is hereby granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. 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 206 noncompliant windows that Pilkington no longer controlled at the time that it determined that a noncompliance existed in the subject vehicles.
Federal Motor Vehicle Safety Standards; Matters Incorporated by Reference
Document Number: 2013-08356
Type: Rule
Date: 2013-04-12
Agency: National Highway Traffic Safety Administration, Department of Transportation
On January 6, 2012, NHTSA published a final rule updating and consolidating all of the references to the many standards and practices that are incorporated by reference into the Federal motor vehicle safety standards (FMVSSs). Additionally, the final rule removed an obsolete FMVSS, No. 208a, as well as various obsolete provisions in other FMVSSs. The agency received a petition for reconsideration of that final rule from the Alliance of Automobile Manufacturers. The petitioner asserts that the amendments to one FMVSS are not based on the latest version of that FMVSS and further asserts that several references to standards are out of date or contain minor omissions. The petitioner requests that technical amendments be made to address these issues. In response to the petition, this document amends certain paragraphs in FMVSS No. 202a to reflect the substantive language of the FMVSS in effect before the effective date of the January 6, 2012 final rule, with the addition of the cross-references to the consolidated list of materials incorporated by reference. The agency is denying the other requests made in the petition. This document also makes technical amendments to correct minor errors in the consolidated list of incorporated material and some of the FMVSS sections that reference this list.
Petition for Exemption From the Vehicle Theft Prevention Standard; BMW of North America, LLC
Document Number: 2013-08225
Type: Notice
Date: 2013-04-09
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document grants in full the BMW of North America, LLC (BMW) petition for exemption of the X4 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). BMW requested confidential treatment for specific information in its petition that the agency will address by separate letter.
NHTSA Activities Under the United Nations World Forum for the Harmonization of Vehicle Regulations 1998 Global Agreement
Document Number: 2013-08221
Type: Notice
Date: 2013-04-09
Agency: National Highway Traffic Safety Administration, Department of Transportation
NHTSA is publishing this notice to inform the public of the upcoming scheduled meetings of the World Forum for the Harmonization of Vehicle Regulations (WP.29) and its Working Parties of Experts for calendar year 2013. It also provides the most recent status of activities under the Program of Work of the 1998 Global Agreement (to which the United States is a signatory Contracting Party) and requests comments on those activities. Publication of this information is in accordance with NHTSA's Statement of Policy regarding Agency Policy Goals and Public Participation in the Implementation of the 1998 Global Agreement on Global Technical Regulations (GTR).
New Car Assessment Program (NCAP)
Document Number: 2013-07766
Type: Proposed Rule
Date: 2013-04-05
Agency: National Highway Traffic Safety Administration, Department of Transportation
The U.S. New Car Assessment Program (NCAP) provides comparative information on the safety of new vehicles to assist consumers with vehicle purchasing decisions and encourage motor vehicle manufacturers to make safety improvements. To maintain the relevance and effectiveness of NCAP, NHTSA has periodically updated the program, most recently in model year 2011. In response to the rapid development of vehicle safety technologies, especially in the area of crash avoidance, the agency is once again requesting public comments in order to help identify the potential areas for improvement to the program that have the greatest potential for producing safety benefits. This notice lists and describes potential areas of study for improving NCAP. The agency will use the comments it receives to aid it in developing a notice proposing near term upgrades to NCAP. The agency will also use the comments received in response to this notice to help it in developing a draft 5- year plan for the NCAP program outlining research that the agency plans to conduct as well as longer term upgrades it intends to pursue making to NCAP.
Notice of Receipt of Petition for Decision That Nonconforming 2010 BMW Z4 Passenger Cars Are Eligible for Importation
Document Number: 2013-07847
Type: Notice
Date: 2013-04-04
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 2010 BMW Z4 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 2010 BMW Z4) and they are capable of being readily altered to conform to the standards.
Notice of Receipt of Petition for Decision That Nonconforming 2012 Porsche GT3RS Passenger Cars Are Eligible for Importation
Document Number: 2013-07846
Type: Notice
Date: 2013-04-04
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 2012 Porsche GT3RS 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 2012 Porsche GT3RS) and they are capable of being readily altered to conform to the standards.
Notice of Receipt of Petition for Decision that Nonconforming 2007 Ford Escape Multi-Purpose Passenger Vehicles are Eligible for Importation
Document Number: 2013-07844
Type: Notice
Date: 2013-04-04
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 2007 Ford Escape Multi-Purpose Passenger Vehicles 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 same 2007 Ford Escape Multi-Purpose Passenger Vehicles) and they are capable of being readily altered to conform to the standards.
Reports, Forms, and Recordkeeping Requirements
Document Number: 2013-07762
Type: Notice
Date: 2013-04-03
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 an existing collection of information for an existing regulation for the aftermarket modification of vehicles to accommodate people with disabilities, for which NHTSA intends to seek renewed OMB approval.
Petition for Exemption From the Vehicle Theft Prevention Standard; Honda
Document Number: 2013-07354
Type: Notice
Date: 2013-03-29
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document grants in full the American Honda Motor Co., Inc.'s (Honda) petition for exemption of the Honda Civic 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, Federal Motor Vehicle Theft Prevention Standard.
Notice of Receipt of Petition for Decision That Nonconforming 1992-1994 BMW 3-Series Passenger Cars are Eligible for Importation
Document Number: 2013-07267
Type: Notice
Date: 2013-03-29
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 1992-1994 BMW 3-Series 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 same 1992-1994 BMW 3- Series passenger cars) and they are capable of being readily altered to conform to the standards.
Direct Final Rulemaking Procedures
Document Number: 2013-06724
Type: Proposed Rule
Date: 2013-03-26
Agency: National Highway Traffic Safety Administration, Department of Transportation
NHTSA is proposing to establish direct final rulemaking (DFR) procedures for use in adopting amendments to its regulations on which no adverse public comment is expected by the agency. Under these procedures, NHTSA would issue a direct final rule adopting amendments that become effective a number of days (specified in the rule) after the date of publication of the rule in the Federal Register, unless NHTSA receives written adverse comment(s) or written notice of intent to submit adverse comment(s) by the specified date. Adoption of these new procedures would expedite the promulgation of routine and noncontroversial rules by reducing the time and resources necessary to develop, review, clear and publish separate proposed and final rules. NHTSA would not use direct final rule procedures for complex or controversial issues.
Beall Corporation; Receipt of Petition for Renewal of Temporary Exemption From FMVSS No. 224
Document Number: 2013-05780
Type: Notice
Date: 2013-03-13
Agency: National Highway Traffic Safety Administration, Department of Transportation
In accordance with the procedures in 49 CFR Part 555, Beall Corporation, d/b/a Pioneer Truckweld has petitioned the agency for renewal of a temporary exemption from certain requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 224, Rear Impact Protection. This notice of receipt of an application for renewal of a temporary exemption is published in accordance with statutory and administrative provisions. NHTSA has made no judgment on the merits of the application.
Federal Motor Vehicle Safety Standards; Tire Selection and Rims
Document Number: 2013-05761
Type: Proposed Rule
Date: 2013-03-13
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document proposes to amend Federal Motor Vehicle Safety Standard (FMVSS) No. 110 to make it clear that special trailer (ST) tires are permitted to be installed on new trailers with a gross vehicle weight rating (GVWR) of 4,536 kg (10,000 lbs.) or less. It also proposes to exclude these trailers from a vehicle testing requirement that a tire must be retained on its rim when subjected to a sudden loss of tire pressure when brought to a controlled stop from 97 km/h (60 mph). After careful review, the agency believes that these two revisions are appropriate and would not result in any degradation of motor vehicle safety.
Petition for Exemption From the Vehicle Theft Prevention Standard; Jaguar Land Rover North America Llc
Document Number: 2013-05760
Type: Notice
Date: 2013-03-13
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document grants in full the Jaguar Land Rover North America LLC's, (Jaguar) petition for an exemption of the F-Type 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).
Reports, Forms, and Record Keeping Requirements
Document Number: 2013-05750
Type: Notice
Date: 2013-03-13
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). 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 is being forwarded to OMB for review and comments. A Federal Register notice (77 FR 11621) with a 60- day comment period soliciting comments on the proposed information collection for the agency's new consumer Vehicle-child restraint system (CRS) Fit program and consolidation of existing collection of vehicle safety information (OMB Control Number 2127-0629) was published on February 27, 2012. The February 2012 ``Request for comments'' notice described a new collection of information for which NHTSA intend to seek OMB approval concerning recommendations from vehicle manufacturers regarding child restraint systems (CRSs) that fit in their individual vehicles. Furthermore, NHTSA planned to combine the new information collection with an existing collection for obtaining vehicle information for consumer information purposes. The agency received comments from the public on the new and existing collection of information. However, since the agency has not published its final decision on the new consumer information program, it is not able at this time to address comments received from the public regarding the new provisions for the collection of information on vehicle-CRS matchups from vehicle manufacturers. Thus, this ``Correction'' notice now focuses on renewing the existing collection of vehicle safety information and only addresses comments received from that information collection. Comments pertaining to the new Vehicle-CRS Fit Program will be addressed at a later time in a new submission, when the agency publishes its final decision on the new program.
Group Lotus plc; Grant of Petition for a Temporary Exemption From an Advanced Air Bag Requirement of FMVSS No. 208
Document Number: 2013-05477
Type: Notice
Date: 2013-03-08
Agency: National Highway Traffic Safety Administration, Department of Transportation
This notice grants the petition of Group Lotus plc (Lotus) for a temporary exemption of the front passenger position of its Evora model from one advanced air bag requirement of FMVSS No. 208, i.e., the higher maximum speed (56 km/h (35 mph)) belted test requirement using 5th percentile adult female dummies. The agency finds that achieving compliance with that requirement would cause substantial economic hardship to Lotus and that the company has tried to comply with the requirement in good faith.
Federal Motor Vehicle Safety Standards; Denial of Petition for Rulemaking; Vehicle Rollover Resistance
Document Number: 2013-04759
Type: Proposed Rule
Date: 2013-03-01
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document denies a petition for rulemaking submitted by Mr. Michael Schramm requesting that the agency initiate rulemaking to establish a Federal motor vehicle safety standard (FMVSS) to prevent a vehicle from being steered into a rollover at any speed. Mr. Schramm has applied to patent a device he believes will enable vehicles to meet his requested standard. After review of Mr. Schramm's petition, we believe the petition lacks sufficient data to support proposing and promulgating a safety standard. Further, it might create conflicts with existing standard and consumer information metrics. Therefore, NHTSA is denying Mr. Schramm's petition.
Notice of Receipt of Petition for Decision That Nonconforming 2004 Ford F-150 Crew Cab Trucks Manufactured for Sale in the Mexican Market Are Eligible for Importation
Document Number: 2013-04721
Type: Notice
Date: 2013-02-28
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 2004 Ford F-150 Crew Cab trucks manufactured for sale in the Mexican market 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 2004 Ford F-150 Crew Cab truck) and they are capable of being readily altered to conform to the standards.
Notice of Receipt of Petition for Decision That Nonconforming 2003 Jeep Wrangler Multi-Purpose Passenger Vehicles Manufactured for Sale in the Mexican Market Are Eligible for Importation
Document Number: 2013-04715
Type: Notice
Date: 2013-02-28
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 Jeep Wrangler multi-purpose passenger vehicles manufactured for sale in the Mexican market 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 2003 Jeep Wrangler MPV) and they are capable of being readily altered to conform to the standards.
Technical Report: Effectiveness of LED Stop Lamps for Reducing Rear-End Crashes: Analyses of State Crash Data
Document Number: 2013-04690
Type: Notice
Date: 2013-02-28
Agency: National Highway Traffic Safety Administration, Department of Transportation
This notice announces NHTSA's publication of a Technical Report reviewing and evaluating LED Stop Lamps. The report's title is: Effectiveness of LED Stop Lamps for Reducing Rear-End Crashes: Analyses of State Crash Data.
Insurer Reporting Requirements
Document Number: 2013-04300
Type: Rule
Date: 2013-02-25
Agency: National Highway Traffic Safety Administration, Department of Transportation
This final rule repeals NHTSA's regulation requiring motor vehicle insurers to submit information on the number of thefts and recoveries of insured vehicles and actions taken by the insurer to deter or reduce motor vehicle theft. NHTSA is repealing this regulation because the agency's only available statutory authority to require insurers to submit this information was removed by the Motor Vehicle and Highway Safety Improvement Act of 2012 (Mariah's Act) (incorporated into the Moving Ahead for Progress in the 21st Century Act (MAP-21)). Given that NHTSA no longer has the authority to require insurers to submit this information and thus has no discretion to take any action other than rescinding the regulation, the agency did not issue a notice of proposed rulemaking (NPRM) prior to this final rule. Under those circumstances, public comment to the rulemaking is unnecessary. The repeal of the authority to maintain and enforce the insurer reporting requirements reduced the paperwork burden on the public by 13,375 hours and reduced the cost to the government in collecting the information by $64,000.
Fuji Heavy Industries U.S.A., Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
Document Number: 2013-04171
Type: Notice
Date: 2013-02-25
Agency: National Highway Traffic Safety Administration, Department of Transportation
Fuji Heavy Industries U.S.A., Inc., on behalf of Subaru of America (Fuji),\1\ has determined that certain 2013 Subaru XV Crosstrek Multipurpose Passenger Vehicles manufactured between May 17, 2012, and February 7, 2013, do not fully comply with paragraphs S6.1 and S6.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. Fuji has filed an appropriate report dated January 29, 2013, pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports.
Guizhou Tyre Corporation; Grant of Petition for Decision of Inconsequential Noncompliance
Document Number: 2013-04170
Type: Notice
Date: 2013-02-25
Agency: National Highway Traffic Safety Administration, Department of Transportation
GTC North America, Inc., on behalf of Guizhou Tyre I/E Co. LTD (collectively referred to as ``GTC'') has determined that certain Samson and Advance brand ST trailer Tires, do not fully comply with paragraph S6.5(j) 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. GTC has filed an appropriate report dated March 22, 2012, 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, GTC 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 June 25, 2012 in the Federal Register (77 FR 37957). 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-2012-0073.'' 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 4,291 size ST235/ 85R16/ 14 ply Samson and Advance brand ST Trailer Tires manufactured from December 4, 2011 through March 31, 2012. Noncompliance: GTC explains that the noncompliance is that, due to a mold labeling error, the sidewall marking on the tires incorrectly identifies the load range as ``F'' when in fact it should be ``G''.
Greenkraft Inc.; Receipt of Application for Temporary Exemption From FMVSS No. 108
Document Number: 2013-03950
Type: Notice
Date: 2013-02-21
Agency: National Highway Traffic Safety Administration, Department of Transportation
In accordance with the procedures in 49 CFR Part 555, Greenkraft, Inc. has applied for a temporary exemption for its 1061 and 1082 model trucks from the requirements of paragraph S7 of FMVSS No. 108 applicable to headlamps. The basis of the application is that the exemption would make development or field evaluation of a low-emission vehicle easier without unreasonably lowering the safety performance of the vehicle. NHTSA is publishing this notice of receipt of the application in accordance with the requirements of 49 U.S.C. 30113(b)(2), and has made no judgment on the merits of the application.
Reports, Forms, and Record keeping Requirements
Document Number: 2013-03424
Type: Notice
Date: 2013-02-15
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.
Notice of Receipt of Petition for Decision That Nonconforming 1992 Porsche Carrera Passenger Cars Are Eligible for Importation
Document Number: 2013-03461
Type: Notice
Date: 2013-02-14
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 1992 Porsche Carrera 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 1992 Porsche Carrera) and they are capable of being readily altered to conform to the standards.
Notice of Receipt of Petition for Decision That Nonconforming Long-Wheel Base 2005 Mercedes-Benz G-Class (463 Chassis) Multi-Purpose Passenger Vehicles Are Eligible for Importation
Document Number: 2013-03459
Type: Notice
Date: 2013-02-14
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 2005 Long-Wheel Base (LWB) Mercedes-Benz G-class (463 chassis) multi- purpose passenger vehicles (MPVs) 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 2005 LWB Mercedes-Benz G-class (463 chassis) MPV) and they are capable of being readily altered to conform to the standards.
Reports, Forms, and Recordkeeping Requirements: Agency Information Collection Activity Under OMB Review
Document Number: 2013-03427
Type: Notice
Date: 2013-02-14
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 December 11, 2012 [FR Doc. 2012-29844, Vol. 77, No. 238, Pages 73736-73737].
Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
Document Number: 2013-03076
Type: Notice
Date: 2013-02-11
Agency: National Highway Traffic Safety Administration, Department of Transportation
Michelin North America, Inc. (Michelin),\1\ has determined that certain BF Goodrich brand tires manufactured between June 12, 2011 and April 21, 2012, do not fully comply with paragraph S5.5(b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. Michelin has filed an appropriate report dated July 16, 2012, pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports.
Cooper Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance
Document Number: 2013-03075
Type: Notice
Date: 2013-02-11
Agency: National Highway Traffic Safety Administration, Department of Transportation
Cooper Tire & Rubber Company (Cooper),\1\ has determined that certain Cooper brand tires manufactured between May 20, 2012 and June 16, 2012, do not fully comply with paragraph S5.5 of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. Cooper has filed an appropriate report dated July 5, 2012, pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports.
Federal Motor Vehicle Safety Standards; Air Brake Systems
Document Number: 2013-02987
Type: Rule
Date: 2013-02-11
Agency: National Highway Traffic Safety Administration, Department of Transportation
On July 27, 2009, NHTSA published a final rule that amended the Federal motor vehicle safety standard for air brake systems by requiring substantial improvements in stopping distance performance on new truck tractors. This final rule responds to petitions for reconsideration of a July 27, 2011 final rule that slightly relaxed the stopping distance requirement for typical loaded tractors tested from an initial speed of 20 mph. NHTSA is granting the request to remove the stopping distance requirements for speeds of 20 mph and 25 mph and denying the request to relax the stopping distance requirements for speeds between 30 mph and 55 mph.
Insurer Reporting Requirements; Reports Under 49 U.S.C. on Section 33112(c)
Document Number: 2013-02208
Type: Notice
Date: 2013-02-01
Agency: National Highway Traffic Safety Administration, Department of Transportation
This notice announces publication by NHTSA of the annual insurer report on motor vehicle theft for the 2007 reporting year. Section 33112(h) of Title 49 of the U.S. Code, requires this information to be compiled periodically and published by the agency in a form that will be helpful to the public, the law enforcement community, and Congress. As required by section 33112(c), this report provides information on theft and recovery of vehicles; rating rules and plans used by motor vehicle insurers to reduce premiums due to a reduction in motor vehicle thefts; and actions taken by insurers to assist in deterring thefts.
Reports, Forms, and Recordkeeping Requirements
Document Number: 2013-01715
Type: Notice
Date: 2013-01-28
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 reinstatements of previously approved collections. This document describes the collection of information for which NHTSA intends to seek OMB approval.
Ford Motor Company, Receipt of Petition for Decision of Inconsequential Noncompliance
Document Number: 2013-01578
Type: Notice
Date: 2013-01-25
Agency: National Highway Traffic Safety Administration, Department of Transportation
Ford Motor Company \1\ (Ford) has determined that certain model year 2009-2012 Ford F-650 and F-750 trucks manufactured between June 26, 2008 and May 8, 2012, do not fully comply with paragraph S5.3.2(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 105, Hydraulic and Electric Brake Systems. Ford has filed an appropriate report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports (dated July 2, 2012).
Uniform Procedures for State Highway Safety Grant Programs
Document Number: 2013-00682
Type: Rule
Date: 2013-01-23
Agency: National Highway Traffic Safety Administration, Department of Transportation
This action establishes new uniform procedures governing the implementation of State highway safety grant programs as amended by the Moving Ahead for Progress in the 21st Century Act (MAP-21). It also reorganizes and amends existing requirements to implement the provisions of MAP-21. This document is being issued as an interim final rule to provide timely guidance about the application procedures for national priority safety program grants in fiscal year 2013 and all Chapter 4 highway safety grants beginning in fiscal year 2014. The agency requests comments on the rule. The agency will publish a notice responding to any comments received and, if appropriate, will amend provisions of the regulation.
Petition for Exemption From the Federal Motor Vehicle Motor Theft Prevention Standard; Volvo
Document Number: 2013-00999
Type: Notice
Date: 2013-01-18
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document grants in full the Volvo Cars of North America, LLC's (Volvo) petition for exemption of the S60 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).
Petition for Exemption From the Vehicle Theft Prevention Standard; Mercedes-Benz
Document Number: 2013-00997
Type: Notice
Date: 2013-01-18
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document grants in full the Mercedes-Benz USA, LLC (MBUSA) petition for an exemption of the New Generation Compact Car (NGCC) Line Chassis 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).
Petition for Exemption From the Vehicle Theft Prevention Standard; Ford Motor Company
Document Number: 2013-00996
Type: Notice
Date: 2013-01-18
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document grants in full the Ford Motor Company's (Ford) petition for an exemption of the Edge vehicle line in accordance with Sec. 543.9(c)(2) of 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). Ford also requested confidential treatment of specific information in its petition. The agency will address Ford's request for confidential treatment by separate letter.
Federal Motor Vehicle Safety Standards; New Pneumatic and Certain Specialty Tires
Document Number: 2013-00938
Type: Rule
Date: 2013-01-17
Agency: National Highway Traffic Safety Administration, Department of Transportation
This final rule amends Federal Motor Vehicle Safety Standard (FMVSS) No. 109, New pneumatic and certain specialty tires, to change the test pressure for the physical dimensions test for T-type tires (temporary use spare tires) from 52 pounds per square inch (psi) to 60 psi. This increase in test pressure for the physical dimensions test will marginally increase the stringency of the test and will align FMVSS No. 109 with international and voluntary consensus standards.
Reports, Forms, and Recordkeeping Requirements
Document Number: 2013-00798
Type: Notice
Date: 2013-01-16
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 the 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 reinstatements of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.
Petition for Exemption From the Federal Motor Vehicle Motor Theft Prevention Standard; Toyota
Document Number: 2013-00696
Type: Notice
Date: 2013-01-15
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document grants in full Toyota Motor North America, Inc.'s (Toyota) petition for an exemption of the RAV4 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).
Draft Environmental Assessment for Rulemaking To Establish Minimum Sound Requirements for Hybrid and Electric Vehicles
Document Number: 2013-00361
Type: Proposed Rule
Date: 2013-01-14
Agency: National Highway Traffic Safety Administration, Department of Transportation
NHTSA is announcing the availability of a Draft Environmental Assessment (EA) to evaluate the potential environmental impacts of a proposed rule establishing a Federal Motor Vehicle Safety Standard (FMVSS) setting minimum sound requirements for hybrid and electric vehicles.