National Highway Traffic Safety Administration 2014 – Federal Register Recent Federal Regulation Documents

This Notice provides NHTSA's finding with respect to five requests from the Michigan Office of Highway Safety Planning (OHSP) to waive the requirements of Buy America. NHTSA finds that a non- availability waiver of the Buy America requirements is appropriate for the purchase of a portable data projector and a wireless remote control presenter, digital video discs (DVDs) and twenty high-visibility motorcyclist vests using Federal highway safety grant funds because there are no suitable products produced in the United States. In addition, NHTSA finds that a cost waiver is appropriate for OHSP to purchase twenty foreign-made training motorcycles using Federal grant funds because the cost of domestically produced products is twenty-five percent more than the cost of the foreign-made products. However, NHTSA finds that a non-availability waiver of the Buy America requirements is inappropriate for the lease of a copy/printer/fax machine.

Livin' Lite RV, Inc.(Livin' Lite), a wholly owned subsidiary of Thor Industries, Inc. (Thor), has determined that certain model year Livin' Lite RV trailers manufactured between November 7, 2008 and September 10, 2013, do not fully comply with paragraph S9 of Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less and paragraph S10 of FMVSS No. 120, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds). Thor has filed an appropriate report dated November 7, 2013, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

Grote Industries, LLC (Grote), has determined that certain Grote bulk nylon air brake tubing manufactured during the period December 2013 to March 2014 does not fully comply with paragraph S11.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 106; Brake Hoses. Grote has filed an appropriate report dated June 13, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

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 May 12, 2014 [NHTSA-2014-0049 Volume 79, Number 91, pages 27047 and 27048].

Mercedes-Benz USA, LLC (MBUSA) on behalf of itself and its parent company Daimler AG (DAG), has determined that certain model year (MY) 2013 Mercedes-Benz GLK-Class (X204 platform) multipurpose passenger vehicles (MPVs), do not fully comply with paragraph S5.1.1.6 \1\ of Federal Motor Vehicle Safety Standards (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. MBUSA filed an appropriate report dated October 9, 2012 pursuant to 49 CFR Part 573 Defect and Noncompliance Responsibility and Reports. MBUSA then filed a petition for exemption from the notification and remedy requirements of 49 U.S.C. 30118 on the basis that the defect is inconsequential to motor vehicle safety. We are denying this petition because we believe that the noncompliant parking lamp is not inconsequential to motor vehicles safety.

Mitsubishi Motors North America, Inc. (MMNA) has determined that certain model year (MY) 2014 Mitsubishi Outlander Sport multipurpose passenger vehicles (MPV) do not fully comply with paragraph S6 of Federal Motor Vehicle Safety Standard (FMVSS) No. FMVSS 205, Glazing Materials. MMNA has filed an appropriate report dated April 3, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

This document initiates rulemaking that would propose to create a new Federal Motor Vehicle Safety Standard (FMVSS), FMVSS No. 150, to require vehicle-to-vehicle (V2V) communication capability for light vehicles (passenger cars and light truck vehicles (LTVs)) and to create minimum performance requirements for V2V devices and messages. The agency believes that requiring V2V communication capability in new light vehicles would facilitate the development and introduction of a number of advanced vehicle safety applications. Some crash warning V2V applications, like Intersection Movement Assist (IMA) and Left Turn Assist (LTA), rely on V2V-based messages to obtain information to detect and then warn drivers of possible safety risks in situations where other technologies have less capability. Both of those applications address intersection crashes, which are among the most deadly crashes that U.S. drivers currently face. NHTSA believes that V2V capability will not develop absent regulation, because there would not be any immediate safety benefits for consumers who are early adopters of V2V. V2V begins to provide safety benefits only if a significant number of vehicles in the fleet are equipped with it and if there is a means to ensure secure and reliable communication between vehicles. NHTSA believes that no single manufacturer would have the incentive to build vehicles able to ``talk'' to other vehicles, if there are no other vehicles to talk toleading to likely market failure without the creation of a mandate to induce collective action. Through this ANPRM, and through the accompanying technical report, ``Vehicle-to-Vehicle Communications: Readiness of V2V Technology for Application,'' NHTSA presents the results of its initial research efforts. In this report, NHTSA has done a very preliminary estimate of the costs of V2V and the benefits for two V2V-based safety applications, IMA and LTA, for addressing intersection crashes and left-turning crashes, respectively. The report also explores technical, legal, security, and privacy issues related to the implementation of V2V. NHTSA seeks comment on the research report, and solicits additional information, data, and analysis that will aid the agency in developing an effective proposal to require new light vehicles to be V2V-capable. By mandating V2V technology in all new vehicles, but not requiring specific safety applications, it is NHTSA's belief that such capability will in turn facilitate market-driven development and introduction of a variety of safety applications, as well as mobility and environment-related applications that can potentially save drivers both time and fuel.

General Motors, LLC (GM) has determined that certain model year (MY) 2011, 2012 and 2013 Chevrolet Volt passenger cars sold with windshield sunshades as a ``Limited Personalization Option,'' do not fully comply with paragraph S4.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. FMVSS 302, Flammability of Interior Materials. GM has filed an appropriate report dated August 27, 2013, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

General Motors, LLC (GM) has determined that certain model year 2013 Cadillac XTS passenger cars do not fully comply with paragraph S9.1.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. GM has filed an appropriate report dated May 16, 2013, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

KBC America, Inc. ``KBCA'' has determined that certain motorcycle helmets manufactured by KBC Corporation for Harley-Davidson as Harley-Davidson brand helmets do not fully comply with paragraph S5.6 of Federal Motor Vehicle Safety Standard (FMVSS) No. 218, Motorcycle Helmets. KBCA has filed an appropriate report dated December 12, 2013, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

On August 20, 2013, NHTSA published a final rule amending its Early Warning Rule (EWR) with an effective date of August 20, 2014. On July 28, 2014, NHTSA published a rule which, in part, attempted to delay the effective date of the provisions until January 1, 2015. However, the information in the DATES section of the July 28 rule did not adequately project that action. This document corrects that error.

This final rule announces NHTSA's determination that there are no new model year (MY) 2015 light duty truck lines subject to the parts-marking requirements of the Federal motor vehicle theft prevention standard because they have been determined by the agency to be high-theft or because they have a majority of interchangeable parts with those of a passenger motor vehicle line. This final rule also identifies those vehicle lines that have been granted an exemption from the parts-marking requirements because the vehicles are equipped with antitheft devices determined to meet certain statutory criteria.

This document requests comments on data about passenger motor vehicle thefts that occurred in calendar year (CY) 2012, including theft rates for existing passenger motor vehicle lines manufactured in model year (MY) 2012. The preliminary theft data indicate that the vehicle theft rate for CY/MY 2012 vehicles (1.1294 thefts per thousand vehicles) increased by 14.21 percent from the theft rate for CY/MY 2011 vehicles (0.9889) thefts per thousand vehicles). Publication of these data fulfills NHTSA's statutory obligation to periodically obtain accurate and timely theft data, and publish the information for review and comment.

This document grants in full the petition of Tesla Motors Inc's., (Tesla) petition for an exemption of the Model X vehicle line in accordance with 49 CFR Part 543, Exemption from Vehicle Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of 49 CFR Part 541, Federal Motor Vehicle Theft Prevention Standard (Theft Prevention Standard). Tesla requested confidential treatment for specific information in its petition. The agency will address Tesla's request for confidential treatment by separate letter.

This document amends the regulations on registered importers (`'RIs'') of motor vehicles not originally manufactured to comply with all applicable Federal motor vehicle safety standards. The amendment requires RIs to certify to NHTSA that an imported vehicle either is not required to comply with the parts marking requirements of the Theft Prevention Standard or that the vehicle complies with those requirements as manufactured, or as modified prior to importation. The amendment restores text that was inadvertently omitted when the regulations were last revised.

This document denies a petition from Mr. Peter J. Gonzalez (the petitioner) of Fuquay Varina, NC, requesting that the agency open an investigation into headlamp failures on the model year (MY) 2008 Saturn Outlook and similar vehicles. After reviewing the petition and other information, NHTSA has concluded that further investigation of MY 2007-2009 Saturn Outlook vehicles and the similar GMC Acadia vehicles (subject vehicles) is unlikely to result in a determination that a safety-related defect exists. The agency accordingly denies the petition.

This document proposes fees for Fiscal Year 2015 and until further notice relating to the registration of importers and the importation of motor vehicles not certified as conforming to the Federal motor vehicle safety standards (FMVSS). These fees are needed to maintain the registered importer (RI) program.

This responds to three (3) petitions for reconsideration to NHTSA's August 20, 2013 final rule adopting amendments to certain provisions of the early warning reporting (EWR) rule and regulations governing motor vehicle and equipment safety recalls. NHTSA received three (3) petitions for reconsideration that contained requests to alter or withdraw several adopted amendments. In addition, this document makes minor technical corrections to ensure all recall communications are received through NHTSA's online recalls portal and that all owner notification letters are sent to owners at the time the remedy is available.

The tire identification number (TIN), which must appear on virtually all new and retreaded motor vehicle tires sold in the United States, plays an important role in identifying which tires are subject to recall and remedy campaigns for safety defects and noncompliances. This document proposes two amendments to the TIN. First, because NHTSA is running out of two-symbol codes to identify new tire plants, NHTSA is proposing to expand the first portion of the TIN, known as the manufacturer identifier, from two symbols to three for manufacturers of new tires. This amendment would substantially increase the number of unique combinations of characters that can be used to identify individual manufacturers of new tires. Second, NHTSA is proposing to standardize the length of the tire identification number to eliminate confusion that could arise from the variable length of tire identification numbers. This NPRM would standardize the length of the TIN at 13 symbols for new tires and 7 symbols for retreaded tires, making it easier to identify a TIN from which a symbol is missing.

General Motors, LLC (GM) \1\ has determined that certain model year (MY) 2011 through 2013 Buick Regal and MY 2013 Chevrolet Malibu passenger cars may not fully comply with the turn signal lamp failure indicator requirement found in paragraph S5.5.6 of Federal Motor Vehicle Safety Standard (FMVSS) No 108, Lamps, Reflective Devices, and Associated Equipment. GM has filed an appropriate report dated October 3, 2012, pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports.

By initiating rulemaking to consider enhancing related safety standards, this notice grants the part of the petition for rulemaking submitted by Ms. Marianne Karth and the Truck Safety Coalition (Petitioners) requesting that the agency improve the safety of rear impact (underride) guards on trailers and single unit trucks. Based on the petition, available information, and the agency's analysis in progress, NHTSA has decided that the Petitioners' request related to rear impact guards merits further consideration. Therefore, the agency grants the Petitioners' request to initiate rulemaking on rear impact guards. NHTSA is planning on issuing two separate noticesan advanced notice of proposed rulemaking pertaining to rear impact guards and other safety strategies for single unit trucks, and a notice of proposed rulemaking focusing on rear impact guards on trailers and semitrailers. NHTSA is still evaluating the Petitioners' request to improve side guards and front override guards and will issue a separate decision on those aspects of the petition at a later date.

This final rule amends NHTSA regulations to include a new exemption relating to the Federal motor vehicle safety standard for ejection mitigation, and to correct a reference regarding the standard for lamps, reflective devices and associated equipment. The exemptions facilitate the mobility of physically disabled drivers and passengers.

Harley-Davidson Motor Company, Inc. (Harley-Davidson) has determined that certain model year (MY) 2009-2014 Harley-Davidson FL Touring family motorcycles do not fully comply with paragraph S6.1.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, reflective devices, and associated equipment. Harley-Davidson has filed an appropriate report dated April 7, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

This document corrects a date and citation in a Federal Register notice published on Tuesday, May 27, 2014, that announced an information collection request (OMB Control No. 2127-0512) was forwarded to the Office of Management and Budget for review and comment.

Chrysler Group, LLC, (Chrysler), a wholly owned subsidiary of Fiat S.p.A., has determined that certain model year (MY) 2014 Jeep Cherokee multipurpose passenger vehicles (MPV), and MY 2013-2014 Dodge Dart passenger cars (PC) do not fully comply with paragraph S5.2.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays and paragraph S5.5.5 of FMVSS No. 135,\1\ Light Vehicle Brake Systems. Chrysler has filed an appropriate report dated March 4, 2014 pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.