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

This interim final rule responds to an ``emergency petition'' submitted by the Alliance of Automotive Innovation (Alliance) regarding the phase-in and compliance requirements of Federal Motor Vehicle Safety Standard No. 141 (FMVSS 141), ``Minimum sound for hybrid and electric vehicles.'' The petition details the challenges manufacturers have encountered in complying with FMVSS 141 due to disruptions in the supply chain caused by the Coronavirus Disease 2019 (COVID-19) public health emergency. The petition requests three changes to the phase-in and compliance requirements of FMVSS 141. After considering the concerns raised in the petition, NHTSA has decided to grant the petition, in part, by electing to defer the phase-in and compliance dates by six months. NHTSA is denying the request for an alternative performance option during the phase-in period.

In compliance with the Paperwork Reduction Act of 1995, 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 approval. A Federal Register notice with a 60-day comment period soliciting comments on the following information collection was published on May 21, 2019 (84 FR 23154). NHTSA received 7 public comments. A summary of the comments and the changes NHTSA made in response to those comments is provided below.

NHTSA has received almost identical petitions from 13 final- stage manufacturers of ``entertainer-type motorcoaches,'' seeking temporary exemption from a shoulder belt requirement of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant crash protection,'' for side-facing seats on motorcoaches. The petitioners seek to install Type 1 seat belts (lap belt only) at side-facing seating positions, instead of Type 2 seat belts (lap and shoulder belts) required by FMVSS No. 208. Each petitioner states that, absent the requested exemption, it will otherwise be unable to sell a vehicle whose overall level of safety or impact protection is at least equal to that of a nonexempted vehicle. NHTSA is publishing this document to notify the public of the receipt of the petitions and to request comment on them, in accordance with statutory and administrative provisions.

This document grants in full four manufacturers' petitions for exemption for four model lines from the Federal Motor Vehicle Theft Prevention Standard (Theft Prevention Standard) beginning in model year (MY) 2021. The manufacturers, vehicle lines, and model years are as follows: Ford Motor Company (Ford) for its Bronco Sport vehicle line beginning in MY 2021; Jaguar Land Rover North America LLC (Jaguar Land Rover) for its Jaguar I-Pace vehicle line beginning in MY 2021; American Honda Motor Co., Inc. (Honda) for its HR-V vehicle line beginning in MY 2021; and Volkswagen Group of America, Inc. (Volkswagen) for its ID.4 vehicle line beginning in MY 2021.

Maserati North America, Inc., (MNA) has determined that certain model year (MY) 2014-2020 Maserati Quattroporte, MY 2014-2020 Maserati Ghibli, and MY 2017-2020 Maserati Levante motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 135, Light Vehicle Brake Systems, FMVSS No.138, Tire Pressure Monitoring Systems, FMVSS No. 202a, Head restraints, and FMVSS No. 210, Seat Belt Assembly Anchorages. MNA filed a noncompliance report dated February 14, 2020. MNA subsequently petitioned NHTSA on March 6, 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 invites public comments about its intention to request approval from the Office of Management and Budget (OMB) for a new collection of information. Before a Federal agency can collect certain information from the public, it must receive approval from the 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 an Information Collection Request (ICR) for which NHTSA intends to seek OMB approval.

Weldon, a Division of Akron Brass Company, has determined that certain LED backup lamps do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Weldon filed a noncompliance report dated November 7, 2018, and subsequently petitioned NHTSA on November 30, 2018, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of Weldon's petition.

FCA US LLC (f/k/a Chrysler Group LLC) ``FCA'' has determined that certain model year (MY) 2004-2020 Chrysler, Dodge, Jeep, Fiat, and Alfa Romeo motor vehicles do not comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. FCA filed a noncompliance report dated November 15, 2019, and later amended it on December 9, 2019. FAC US subsequently petitioned NHTSA on December 9, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of FCA's petition.

This document corrects technical errors in the final rule that appeared in the Federal Register on April 30, 2020, entitled ``The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks.'' That document promulgated final standards for Corporate Average Fuel Economy (CAFE) and carbon dioxide emissions for passenger cars and light trucks (collectively, light-duty vehicles) to be manufactured in model years 2021-2026.

The National Highway Traffic Safety Administration (NHTSA) seeks public comment about our intention to request the Office of Management and Budget's approval on the reinstatement of a previously approved information collection. 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 concerning vehicle safety features for consumer information purposes for which NHTSA intends to seek OMB approval (OMB Control number 2127-0629).

Hyundai Motor America (Hyundai) has determined that certain model year (MY) 2012-2016 Hyundai Accent motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection. Hyundai filed a noncompliance report dated December 12, 2016. Hyundai also petitioned NHTSA on December 16, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the grant of Hyundai's petition.

Toyota Motor North America, Inc., (Toyota) has determined that certain model year (MY) 2013-2019 Lexus motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Toyota filed a noncompliance report dated May 30, 2019. Toyota subsequently petitioned NHTSA on June 21, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the grant of Toyota's petition.

Volkswagen Group of America, Inc. (Volkswagen), has determined that certain MY 2017-2019 Audi A3 motor vehicles do not comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. Volkswagen filed a noncompliance report dated February 18, 2019, and later amended it on September 13, 2019. Volkswagen subsequently petitioned NHTSA on February 20, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the grant of Volkswagen's petition.

This notice sets forth the reasons for the denial of a petition, DP19-003, submitted by Mr. Kevin O'Brien to the Administrator of NHTSA (the ``Agency'') by a letter dated August 12, 2019. The petition requests that the agency initiate a safety defect investigation into an alleged ``excessive stalling problem'' experienced by operators of 2019 Model Year (MY) Volkswagen GTI, Jetta GLI, and Golf GTI manual transmission vehicles (the ``subject vehicles'') ``as the vehicles slow to a stop or prepare to make a turn across traffic with the clutch pressed in and the car in neutral.'' After conducting a technical review of: (1) Consumer complaints submitted by the petitioner; (2) consumer complaint information in NHTSA's databases; and (3) information provided by Volkswagen in response to our information requests regarding vehicle stalling and complaints received by Volkswagen, NHTSA's Office of Defect Investigations (ODI) has concluded that it is unlikely that additional investigation would result in a finding that a defect related to motor vehicle safety exists. As a result, no further investigation of the issue raised by the petition is warranted and the agency, accordingly, has denied the petition.

Michelin North America, Inc. (MNA), has determined that certain BFGoodrich All-Terrain T/A KO2 replacement tires do not comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. MNA filed a noncompliance report dated November 13, 2018, and subsequently petitioned NHTSA on December 10, 2018, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces the grant of MNA's petition.

Goodyear Tire & Rubber Company (Goodyear), has determined that certain Kelly Armorsteel KDM 1 commercial truck tires do not comply with Federal motor vehicle safety standards (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) and Motorcycles. Goodyear filed a noncompliance report dated November 26, 2019, and petitioned NHTSA on November 25, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of Goodyear's petition.

FCA US LLC (f/k/a Chrysler Group LLC) ``FCA US'' has determined that certain model year (MY) 2017-2018 Alfa Romeo Giulia motor vehicles 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. FCA US filed a noncompliance report dated June 6, 2019. FCA US subsequently petitioned NHTSA on June 28, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of FCA US's petition.

In response to a request from the public, NHTSA is re-opening the comment period on a Notice of Proposed Rulemaking (NPRM) issued in December 2019 for an additional 60 days. With this extension, the comment period will re-open today and close on August 3, 2020. NHTSA is also docketing a document describing procedures it has developed to measure SAE chest jackets already in use in the field in order to assess the uniformity of the jackets and to determine jacket dimensions and tolerances to be specified in the Final Rule.

Mercedes-Benz AG (``MB AG'') and Mercedes-Benz USA, LLC (``MBUSA'') (collectively, ``Mercedes-Benz''), formerly known as Daimler AG has determined that certain model year (MY) 2019 Mercedes- Benz AMG GT motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 201, Occupant Protection in Interior Impact. Mercedes-Benz filed a noncompliance report dated October 18, 2019, and subsequently petitioned NHTSA on November 7, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of Mercedes-Benz's petition.

This document grants in full eight manufacturers' petitions for exemption for eight model lines from the Federal Motor Vehicle Theft Prevention Standard (Theft Prevention Standard) beginning in model years (MYs) 2020 and 2021. The manufacturers, vehicle lines, and model years are as follows: BMW of North America, LLC (BMW) for its 2 series vehicle line beginning in MY 2020; Jaguar Land Rover North America LLC (Jaguar Land Rover) for its Jaguar E-Pace vehicle line beginning in MY 2020; Nissan North America, Inc. (Nissan) for its QX55 beginning in MY 2020; Tesla Motors Inc. (Tesla) for its Model Y vehicle line beginning in MY 2020; General Motors Corporation (GM) for its Chevrolet Trailblazer vehicle line beginning in MY 2021; Mazda Motors Corporation (Mazda) for its CX-30 vehicle line beginning in MY 2021; Mitsubishi Motors R&D of America (Mitsubishi) for its Outlander vehicle line beginning in MY 2021; and Toyota Motor North America, Inc. (Toyota) for its Venza vehicle line beginning in MY 2021.

This notice sets forth the reasons for the denial of a petition submitted on September 28, 2015, by Mr. Matthew Oliver, Executive Director, North Carolina Consumers Council, Inc. (NCCC), to NHTSA's Office of Defects Investigation (ODI). The petition requests that the agency commence a proceeding to evaluate the scope and effectiveness of two recalls for brake master cylinder leakage issued by Nissan for model year (MY) 2007 and 2008 Nissan Sentra vehicles. The petitioner submitted a narrative indicating master cylinder failure for one MY 2008 Nissan (VOQ 1010805749) along with four (4) other owner complaints found in NHTSA's complaint database. The Petitioner alleges that these five complaints indicate insufficiency of effectiveness and scope for the recall actions. For the reasons set forth below, NHTSA disagrees. NHTSA will continue to monitor the situation, but has concluded that further expenditure of the agency's investigative resources on the issues raised by the petition does not appeared to be warranted. The agency accordingly has denied the petition. The petition is hereinafter identified as DP16-002.

EPA and NHTSA, on behalf of the Department of Transportation, are issuing final rules to amend and establish carbon dioxide and fuel economy standards. Specifically, EPA is amending carbon dioxide standards for model years 2021 and later, and NHTSA is amending fuel economy standards for model year 2021 and setting new fuel economy standards for model years 2022-2026. The standards set by this action apply to passenger cars and light trucks, and will continue our nation's progress toward energy independence and carbon dioxide reduction, while recognizing the realities of the marketplace and consumers' interest in purchasing vehicles that meet all of their diverse needs. These final rules represent the second part of the Administration's action related to the August 24, 2018 proposed Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule. These final rules follow the agencies' actions, taken September 19, 2019, to ensure One National Program for automobile fuel economy and carbon dioxide emissions standards, by finalizing regulatory text related to preemption under the Energy Policy and Conservation Act and withdrawing a waiver previously provided to California under the Clean Air Act.

This document announces a decision by the National Highway Traffic Safety Administration that certain Model Year (MY) 2014 Ferrari LaFerrari passenger cars (PCs) 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 the 2014 model year vehicles are substantially similar to vehicles that were originally manufactured for importation into and offered for sale in the United States and certified to all applicable FMVSS (the U.S- certified version of the 2014 Ferrari LaFerrari PCs) or are capable of being altered to comply with all applicable FMVSS.

This notice sets forth NHTSA's decision and reasons for denying a petition, Defect Petition (DP) (DP 13-001), submitted by Mr. William Rosenbluth (petitioner) in a January 23, 2013 letter to the Administrator of NHTSA (the ``Agency''). The petitioner requested that the Agency open an investigation into the decoupling of the steering intermediate shaft assembly No. 2 from the steering column assembly on model year (MY) 2004-2009 Toyota Prius vehicles (the ``Subject Vehicles''). After reviewing materials furnished by the petitioner, the manufacturer, and those already in its possession, NHTSA has concluded that the evidence does not warrant further investigation of the issue raised in the petition. The Agency accordingly has denied the petition.

This proposal is one of a series of regulatory actions that NHTSA is considering to address the near- and long-term challenges of testing and verifying compliance with the Federal motor vehicle safety standards (FMVSS) for vehicles equipped with Automated Driving Systems (ADS) that lack the traditional manual controls necessary for human drivers, but that are otherwise traditional vehicles with typical seating configurations. This document seeks to clarify the ambiguities in applying current crashworthiness standards to ADS-equipped vehicles without traditional manual controls, while maintaining the regulatory text's application to more traditional vehicles and vehicles equipped with ADS that may have alternate modes. This proposal is limited to the crashworthiness standards and provides a unified set of proposed regulatory text applicable to vehicles with and without ADS functionality. This NPRM builds on NHTSA's efforts to identify and address regulatory barriers to vehicles with unique designs that are equipped with ADS technologies, including the advance notice of proposed rulemaking on removing barriers in the crash avoidance (100 Series) FMVSS in May 2019, the request for comments on this topic in January 2018, and the research that NHTSA is currently conducting. NHTSA also intends to issue a separate notice regarding removal of barriers in the FMVSS that pertain to telltales, indicators, alerts, and warnings in ADS-equipped vehicles.