National Highway Traffic Safety Administration 2021 – Federal Register Recent Federal Regulation Documents

This document finalizes NHTSA's proposal to repeal in full ``The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program,'' published September 27, 2019 (SAFE I Rule), in which NHTSA codified regulatory text and made additional pronouncements regarding the preemption of state and local laws related to fuel economy standards. NHTSA originally proposed to repeal the SAFE I Rule in a Notice of Proposed Rulemaking entitled ``Corporate Average Fuel Economy Preemption,'' which was published on May 12, 2021. After evaluating all public comments submitted for this Proposal, the Agency is finalizing the Proposal. As such, the Agency is repealing all regulatory text and appendices promulgated in the SAFE I Rule. In doing so, the Agency underscores that any positions announced in preambulatory statements of prior NHTSA rulemakings, including in the SAFE I Rule, which purported to define the scope of preemption under the Energy Policy and Conservation Act (EPCA), do not reflect the Agency's reconsidered understanding of its proper role in matters of EPCA preemption. Through this final rule, NHTSA makes clear that no prior regulations or positions of the Agency reflect ongoing NHTSA views on the scope of preemption of states or local jurisdictions under EPCA.

In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that the Information Collection Request (ICR) summarized below will be submitted to the Office of Management and Budget (OMB) for review and approval. This ICR describes NHTSA's information collection for incident reporting requirements for Automated Driving Systems (ADS) and Level 2 Advanced Driver Assistance Systems (ADAS) and its expected burden. NHTSA recently requested emergency review of its request for approval of this information collection and received a six-month approval. To start the normal clearance procedures and request OMB's approval for a three-year extension of this currently approved information collection, NHTSA published a Federal Register notice with a 60-day comment period soliciting comments on the information collection on September 30, 2021. NHTSA received 14 comments on the notice, as well as four letters regarding the information collection that were submitted directly to NHTSA.

Goodyear Tire & Rubber Company (Goodyear), has determined that certain Goodyear Convenience Spare tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 109, New Pneumatic and Certain Specialty Tires. Goodyear filed an original noncompliance report dated June 8, 2021, and subsequently, Goodyear petitioned NHTSA on June 21, 2021, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of Goodyear's petition.

Michelin North America, Inc. (``MNA''), has determined that certain Michelin Primacy Tour A/S replacement passenger car tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. MNA filed an original noncompliance report dated March 25, 2021, and subsequently, MNA petitioned NHTSA on April 7, 2021, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of MNA's petition.

In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) summarized below will be submitted to the Office of Management and Budget (OMB) for review and approval. The ICR describes the nature of the information collection, Vehicle Information for the General Public, and its expected burden. A Federal Register Notice with a 60-day comment period soliciting comments on the information collection was published on July 7, 2020. One comment was received in general support of this collection request.

TAP Worldwide, LLC, (TAP) has determined that certain model year (MY) 2017-2019 Smittybilt SCOUT Trailer Kits do not fully comply with 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. TAP filed a noncompliance report dated June 26, 2019. Tap also petitioned NHTSA on July 8, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the grant of TAP's petition.

Ride the Ducks International, LLC (RTDI), has determined that certain model year (MY) 1996-2014 RTDI Stretch Amphibious passenger vehicles (APVs) do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 113, Hood Latch System, and FMVSS No. 302, Flammability of Interior Materials. RTDI filed a noncompliance information report dated March 15, 2017. RTDI also petitioned NHTSA on April 12, 2017, for a decision that the subject noncompliances are inconsequential as they relate to motor vehicle safety. This document announces the denial of RTDI's petition.

Ride the Ducks International, LLC (RTDI), has determined that certain model year (MY) 1996-2014 Ride the Ducks International Stretch Amphibious passenger vehicles (APVs) do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 103, Windshield Defrosting and Defogging Systems. RTDI filed a noncompliance information report dated March 15, 2017. RTDI also petitioned NHTSA on April 12, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

This document announces the National Highway Traffic Safety Administration's (NHTSA's) grant of a petition for a decision that a model year (MY) 2019 Schuler Spezialfahrzeuge GmbH trailer that was not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) is eligible for importation into the United States because it is capable of being readily altered to conform with all applicable Federal Motor Vehicle Safety Standards (FMVSS).

This notice sets forth the reasons for the denial of a petition submitted on September 17, 2019, by Mr. Edward Chen (the petitioner), requesting that the Agency ``initiate a Defect Investigation into the recent set of software updates, including software updates 2019.16.1 and 2019.16.2 and all subsequent updates issued by Tesla, Inc. to its Model S and Model X vehicles, which have been alleged to be issued by Tesla in response to the alarming number of car fires that have occurred worldwide.'' On October 1, 2019, ODI opened Defect Petition DP19-005 to evaluate the petitioner's request. After reviewing the information provided by the petitioner, information provided by Tesla in response to an information request letter from NHTSA, and field data regarding non-crash vehicle fires in model year (MY) 2012 through 2019 Tesla Model S and Model X vehicles, NHTSA has concluded that the issues raised by the petition do not warrant a defect investigation at this time. Accordingly, the Agency has denied the petition.

In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice (``30-day notice'') announces that the Information Collection Request (ICR) summarized below is being forwarded to the Office of Management and Budget (OMB) for review and approval. The ICR describes the nature of the information collection and its expected burden and is a request for a reinstatement of a previously approved information collection regarding Platform lift systems for motor vehicles, and Platform lift installations in motor vehicles. A Federal Register Notice with a 60-day comment period soliciting comments on this information collection was published on February 6, 2020 (85 FR 7008). No comments were received.

The National Highway Traffic Safety Administration (NHTSA) invites public comments about our intention to request approval from the Office of Management and Budget (OMB) for a new information collection. Before a Federal agency can collect certain information from the public, it must receive approval from 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 a collection of information for which NHTSA intends to seek OMB approval on Fatal Crash Seat Belt Use Reporting and Awareness.

Michelin North America, Inc. (MNA) has determined that certain Michelin CrossClimate SUV replacement tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. MNA filed a noncompliance report dated July 31, 2020, and subsequently petitioned NHTSA on August 21, 2020, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of MNA's petition.

NHTSA, on behalf of the Department of Transportation, is proposing revised fuel economy standards for passenger cars and light trucks for model years 2024-2026. On January 20, 2021, President Biden signed an Executive order (E.O.) entitled, ``Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis.'' In it, the President directed that ``The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks'' (hereafter, ``the 2020 final rule'') be immediately reviewed for consistency with our Nation's abiding commitment to empower our workers and communities; promote and protect our public health and the environment; and conserve our national treasures and monuments, places that secure our national memory. President Biden further directed that the 2020 final rule be reviewed at once and that (in this case) the Secretary of Transportation consider ``suspending, revising, or rescinding'' it, via a new proposal, by July 2021. Because of the President's direction in the E.O., NHTSA reexamined the 2020 final rule under its authority to set corporate average fuel economy (CAFE) standards. In doing so, NHTSA tentatively concluded that the fuel economy standards set in 2020 should be revised so that they increase at a rate of 8 percent year over year for each model year from 2024 through 2026, for both passenger cars and light trucks. This responds to the agency's statutory mandate to improve energy conservation. This proposal also makes certain minor changes to fuel economy reporting requirements.

On February 2, 2009, the National Highway Traffic Safety Administration (NHTSA) granted in full Mitsubishi Motors R&D (Mitsubishi) of America's petition for an exemption from the Federal Motor Vehicle Theft Prevention Standard (theft prevention standard) for its Mitsubishi Outlander vehicle line beginning in model year (MY) 2011. On November 12, 2012, the agency granted Mitsubishi's first petition to modify its previously approved exemption for the Outlander vehicle line beginning with MY 2014. On August 1, 2019, Mitsubishi submitted a second petition to modify its previously approved exemption for the Outlander vehicle line beginning with MY 2022. On February 17, 2021, Mitsubishi submitted a third petition to modify its previously approved exemption for a confidential variant of the Outlander vehicle line beginning with MY 2023. Mitsubishi also requested confidential treatment for specific information in its petition. Therefore, no confidential information provided for purposes of this notice has been disclosed.

This document amends Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ``New pneumatic and certain specialty tires,'' in response to a petition for rulemaking from the Tire and Rim Association, to clarify the applicability of the FMVSSs to certain types of tires intended for use on trailers. Based on a review of prior amendments to FMVSS Nos. 109 and 119, ``New pneumatic tires for motor vehicles with a Gross Vehicle Weight Rating (GVWR) of more than 4,536 kilograms (10,000 pounds) and motorcycles.'' NHTSA concludes that it inadvertently made these tires subject to both FMVSS Nos. 109 and 119, when it was the Agency's intent to make them subject only to FMVSS No. 119. This document corrects that error, and also includes nonsubstantive technical corrections to tire and rim regulations.

This final rule announces NHTSA's determination that there are no new model year 2019 light duty truck lines subject to the parts- marking requirements of the Federal motor vehicle theft prevention standard. The agency determined no new models were high-theft or had major parts that are interchangeable with a majority of the covered major parts of passenger car or multipurpose passenger vehicle lines. This final rule also identifies those vehicle lines that have been granted an exemption from the parts- marking requirements because they are equipped with antitheft devices determined to meet certain criteria.

This document grants in full the Ford Motor Company (Ford) petition for exemption from the Federal Motor Vehicle Theft Prevention Standard (theft prevention standard) for its confidential vehicle line beginning in model year (MY) 2022. The 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. Ford also requested confidential treatment for specific information in its petition. Therefore, no confidential information provided for purposes of this notice has been disclosed.

This document grants in full the American Honda Motor Co., Inc.'s (Honda) petition for exemption from the Federal Motor Vehicle Theft Prevention Standard (theft prevention standard) for its Acura RDX vehicle line beginning in model year (MY) 2022. The 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.

Combi USA (Combi), has determined that certain Combi USA BabyRide rear-facing child restraint systems manufactured between May 1, 2016, and August 31, 2019, do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems. Combi filed an original noncompliance report dated March 8, 2021, and later amended it on March 10, 2021, March 11, 2021, May 25, 2021, and July 22, 2021. Subsequently, Combi petitioned NHTSA on March 30, 2021, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the denial of Combi's petition.

Cooper Tire & Rubber Company (Cooper Tire) has determined that certain Cooper brand tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. Cooper Tire filed a noncompliance report dated May 4, 2018, and subsequently petitioned NHTSA on May 21, 2018, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the denial of Cooper Tire's petition.

On January 14, 2021, NHTSA published an interim final rule in response to a petition for rulemaking from the Alliance for Automotive Innovation (Alliance). The interim final rule provided that an inflation adjustment to the civil penalty rate applicable to automobile manufacturers that violate applicable corporate average fuel economy (CAFE) standards would apply beginning with vehicle Model Year 2022. The interim final rule also requested comment. In light of a subsequent Executive Order and the agency's review of comments, NHTSA is reviewing and reconsidering that interim final rule. Accordingly, NHTSA is issuing this supplemental notice of proposed rulemaking (SNPRM) to consider the appropriate path forward and to allow interested parties sufficient time to provide comments.

On September 19, 2019, Mr. Roger Hogan (the petitioner) submitted a defect petition to NHTSA's Office of Defects Investigation (ODI). The petition requested that the Agency investigate and recall certain Toyota Prius, Prius PHV, Camry Hybrid and Avalon Hybrid vehicles for a brake actuator solenoid valve wear condition that is currently covered under Toyota Customer Support Programs (CSPs) ZJB and ZKK (subject CSPs). NHTSA opened Defect Petition DP19-004 to evaluate the petitioner's request. Subsequently the petitioner informed NHTSA that he was withdrawing the petition. Since the petitioner has withdrawn the petition, we are denying the petition as moot.

This document proposes amendments to several Federal motor vehicle safety standards and consumer information regulations to update the standard reference test tire (SRTT) used therein. The SRTT is used in those standards and regulations as a baseline tire to rate tire treadwear, define snow tires based on traction performance, and evaluate pavement surface friction. This proposed rule is necessary because the only manufacturer of the currently referenced SRTT ceased production of the tire. Referencing a new SRTT ensures the availability of a test tire for testing purposes.

In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) abstracted below, regarding the reinstatement of a previously approved collection of information on Federal Motor Vehicle Safety Standard (FMVSS) No. 108, will be submitted to the Office of Management and Budget (OMB) for review and approval. The ICR describes the labeling requirement for retroreflective sheeting material and its expected burden. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on July 7, 2020. No comments were received regarding this information collection.