80_FR_29890 80 FR 29791 - Notice of Intent To Open a Coordinated Remedy Program Proceeding for the Replacement of Certain Takata Air Bag Inflators

80 FR 29791 - Notice of Intent To Open a Coordinated Remedy Program Proceeding for the Replacement of Certain Takata Air Bag Inflators

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 99 (May 22, 2015)

Page Range29791-29792
FR Document2015-12449

In order to organize and prioritize vehicle manufacturer's recall and remedy programs to address defective Takata frontal air bag inflators, the National Highway Traffic Safety Administration (``NHTSA'') is providing notice of NHTSA's intent to open proceedings pursuant to its authority under 49 U.S.C. 30120(c)(3) and other authority. NHTSA is considering implementing these remedy programs for all manufacturers and suppliers involved in the recalls of defective Takata air bag inflators. This notice explains NHTSA's authority to open such a proceeding and describes some of the issues that the agency would consider, and information the agency would request from commenters, as part of such a proceeding.

Federal Register, Volume 80 Issue 99 (Friday, May 22, 2015) 
[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Notices]
[Pages 29791-29792]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12449]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Notice of Intent To Open a Coordinated Remedy Program Proceeding 
for the Replacement of Certain Takata Air Bag Inflators

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of intent to open a coordinated remedy program 
proceeding for the replacement of certain Takata air bag inflators 
pursuant to 49 U.S.C. 30120(c)(3) and other authority.

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SUMMARY: In order to organize and prioritize vehicle manufacturer's 
recall and remedy programs to address defective Takata frontal air bag 
inflators, the National Highway Traffic Safety Administration 
(``NHTSA'') is providing notice of NHTSA's intent to open proceedings 
pursuant to its authority under 49 U.S.C. 30120(c)(3) and other 
authority. NHTSA is considering implementing these remedy programs for 
all manufacturers and suppliers involved in the recalls of defective 
Takata air bag inflators. This notice explains NHTSA's authority to 
open such a proceeding and describes some of the issues that the agency 
would consider, and information the agency

[[Page 29792]]

would request from commenters, as part of such a proceeding.

FOR FURTHER INFORMATION CONTACT: Arija Flowers, Trial Attorney, Office 
of the Chief Counsel, NCC-111, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 
(telephone: 202-366-8714).

SUPPLEMENTARY INFORMATION: In order to ensure that all vehicles in the 
United States are equipped with safe air bags as quickly as possible 
and to reduce the risk of serious injury or death due to an inflator 
rupture, NHTSA is considering exercising its authority under the 
National Traffic and Motor Vehicle Safety Act of 1966, as amended and 
recodified (the ``Safety Act''), 49 U.S.C. 30101, et seq., to organize 
and prioritize the remedy programs of BMW of North America, LLC 
(``BMW''), Chrysler Group, LLC (``Chrysler''), Daimler Trucks North 
America, LLC (``DTNA''), Ford Motor Company (``Ford''), General Motors, 
LLC (``GM''), American Honda Motor Company (``Honda''), Mazda North 
American Operations (``Mazda''), Mitsubishi Motors North America, Inc. 
(``Mitsubishi''), Nissan North America, Inc. (``Nissan''), Subaru of 
America, Inc. (``Subaru''), and Toyota Motor Engineering and 
Manufacturing (``Toyota'') (collectively, the ``Manufacturers''), and 
TK Holdings, Inc. (``Takata'') to address Takata frontal air bag 
inflators. Specifically, NHTSA is issuing this notice pursuant to its 
authority under the Safety Act to ``accelerate'' a remedy program, 49 
U.S.C. 30120(c)(3) and 49 CFR 573.14, as delegated by the Secretary of 
Transportation, 49 CFR 1.95, 501.2(a)(1), to inspect and investigate, 
49 U.S.C. 30166(b)(1), and to ensure that defective vehicles and 
equipment are recalled, 49 U.S.C. 30118-30119.
    On May 18, 2015, Takata filed four Defect Information Reports 
(``DIR's'') pursuant to 49 CFR 573.6. In those DIR's, Takata determined 
that a defect exists in certain models of frontal air bag inflators 
(PSDI, PSDI-4, PSDI-4K, SPI, PSPI and PSPI-L).
    The Safety Act requires manufacturers to remedy safety-related 
defects in motor vehicles. 49 U.S.C. 30120(a). If the Secretary of 
Transportation determines that a manufacturer's remedy program is not 
likely to be capable of completion within a reasonable time, the 
Secretary may require the manufacturer to ``accelerate'' the remedy 
program if the Secretary finds that there is a risk of serious injury 
or death if the remedy program is not accelerated and that acceleration 
of the remedy program can be reasonably achieved by expanding the 
sources of replacement parts, expanding the number of authorized repair 
facilities, or both. Id. Sec.  30120(c)(3). The Secretary has delegated 
his authorities under the Safety Act to the NHTSA Administrator, 49 CFR 
1.95(a), 501.2(a)(1). Each of the Manufacturers has elected a remedy 
program of repair of the affected vehicles. See 49 U.S.C. 
30120(a)(1)(A). These remedy programs are individual to each of the 
Manufacturers, creating a patch-work solution that NHTSA believes may 
not adequately address the safety risks presented by the defective 
Takata inflators within a reasonable time. Regardless of root cause, 
these recalls involve the same safety risk: The risk of the air bag 
inflator rupturing when the air bag is inflated, which may result in 
serious injury or death to vehicle occupants without any prior warning.
    The number of impacted vehicles and manufacturers in combination 
with the supply issues related to these air bag recalls adds a 
previously unprecedented level of complexity to this recall and remedy 
process. Given the number of manufacturers (11) and the technical 
complexity of the issues involved, NHTSA intends to open a Section 
30120(c)(3) proceeding, and has therefore issued this Notice of Intent 
to inform the public.
    The goal of a Section 30120(c)(3) proceeding is for the agency to 
consider whether (and if so, how) to organize and prioritize the recall 
and remedy programs of the Manufacturers, in order to aid the 
Manufacturers in accomplishing their significant task of replacing all 
defective Takata air bag inflators.
    As part of a Section 30120(c)(3) proceeding, NHTSA plans to 
consider the views of commenters regarding NHTSA's exercising its 
authority with respect to recall and remedy programs involving certain 
defective Takata frontal air bag inflators, including, but not limited 
whether it should, and on what terms, issue an order to ``accelerate'' 
all applicable recall remedy programs, which could include, but not be 
limited to, provisions regarding sourcing, production, allocation, 
delivery, installation, and adequacy of the remedy.
    Further, as part of a Section 30120(c)(3) proceeding, NHTSA would 
specifically request comments on how the Manufacturers would comply 
with an organization and prioritization of remedy directive, the 
possible terms of any such order and, in particular, how NHTSA should 
order the sourcing of the replacement parts for Manufacturers, whether 
NHTSA should issue the remedy order to some but not all Manufacturers, 
whether NHTSA should order the Manufacturers to prioritize certain 
vehicles or certain regions in its allocation of replacement parts and 
how, and whether NHTSA should order a re-replacement schedule for 
replacement frontal inflators if Takata cannot provide assurances for 
the ongoing safety of the inflators.
    Upon NHTSA's opening of a Section 30120(c)(3) proceeding, 
additional information, including how to comment, will be published in 
a supplemental Federal Register Notice.

    Authority:  49 U.S.C. 30101, et seq., 30118-30119, 30120(c)(3), 
30166(b)(1); 49 CFR 573.6, 573. 14; delegations of authority at 49 
CFR 1.95(a), 501.2(a)(1).

    Issued: May 18, 2015.
Mark R. Rosekind,
Administrator
[FR Doc. 2015-12449 Filed 5-21-15; 8:45 am]
BILLING CODE 4910-59-P

Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices 29791 select ‘‘by Campaign ID Number’’; (2) 17. Contaminated, dislodged or clear security and enter the building, click ‘‘Go’’; (3) select the box for broken parking pawl or park rod (15V– NHTSA recommends that hearing ‘‘Recalls’’; (3) enter the recall number; 090); participants arrive 30 to 60 minutes and (4) click ‘‘GO.’’ 18. Fuel leak near an ignition source prior to the start of the public hearing. SUPPLEMENTARY INFORMATION: NHTSA (15V–114); The hearing will be held at a site has substantial concerns about the 19. Fuel pump relay causing a vehicle accessible to individuals with significant safety hazards posed to to stall without warning (15V–115); and, disabilities. Individuals who require consumers in connection with Fiat 20. Driver and passenger side door accommodations, such as sign language Chrysler’s administration and execution latch failure (15V–178). interpreters, should contact Ms. Justine of its recalls. Pursuant to 49 U.S.C. Based on information presented at the Casselle using the contact information 30118(e) and 30120(e), and 49 CFR public hearing and other available in the FOR FURTHER INFORMATION 557.6(d) and 557.7, NHTSA has decided information, NHTSA may issue an order CONTACT section above no later than to hold a public hearing on whether Fiat that could include a finding that Fiat June 24, 2015. A transcript of the Chrysler has reasonably met its Chrysler failed to carry out its recall proceedings will be placed in the docket obligations under the National Traffic requirements under the Safety Act and for this notice at a later date. and Motor Vehicle Safety Act, as requiring Fiat Chrysler to take specific Persons who wish to file written amended (Safety Act), to remedy actions to comply with the law. comments should submit them so that recalled vehicles and to provide Any interested person may make they are received by NHTSA no later notifications regarding its recalls. written and/or oral presentations of than June 23, 2015. Instructions on how The public hearing may address information, views, and arguments on to submit written comments to the recalls including NHTSA Recall Nos. whether Fiat Chrysler has reasonably docket is located under the ADDRESSES 13V–038, 13V–252, 13V–527, 13V–528, met the remedy and/or notification section of this notice. 13V–529, 14V–373, 14V–391, 14V–438, requirements. There will be no cross- Authority: 49 U.S.C. 30118(e), 30120(e); 14V–567, 14V–634, 14V–749, 14V–795, examination of witnesses. 49 CFR 557.7. 49 CFR 557.6(d), 557.7; delegations of 14V–796, 14V–817, 15V–041, 15V–046, NHTSA will consider the views of authority at 49 CFR 1.95(a) and 501.2(a)(1). 15V–090, 15V–114, 15V–115, and 15V– participants in deciding whether Fiat Dated: May 18, 2015. 178. The recall campaigns are to address Chrysler has reasonably met the Mark R. Rosekind, the following: notification and/or remedy Administrator. 1. Loosening of the rear axle pinion requirements under 49 U.S.C. 30118 and [FR Doc. 2015–12386 Filed 5–21–15; 8:45 am] nut causing loss of vehicle control 30120, and in developing the terms of BILLING CODE 4910–59–P (13V–038); an order (if any) requiring Fiat Chrysler 2. Rear fuel tank structure’s risk of to take specified action as the remedy failure (13V–252); for the recalls and/or take other action. DEPARTMENT OF TRANSPORTATION 3. Failure of the left tie rod assembly 49 U.S.C. 30118(e), 30120(e); 49 CFR resulting in loss of steering control 557.8. National Highway Traffic Safety (13V–527); Procedural Matters: Interested Administration 4. Failure of the left tie rod assembly persons may participate in these resulting in loss of steering control proceedings through written and/or oral Notice of Intent To Open a Coordinated (13V–528); presentations. Persons wishing to attend Remedy Program Proceeding for the 5. Failure of the left tie rod assembly must notify Carla Bridges, National Replacement of Certain Takata Air Bag resulting in loss of steering control Highway Traffic Safety Administration, Inflators (13V–529); 1200 New Jersey Avenue SE., 6. Inadvertent ignition switch AGENCY: National Highway Traffic Washington, DC 20590 (Telephone: Safety Administration (NHTSA), DOT. movement turning off the engine (14V– 202–366–2992) (Fax: 202–366–3820), ACTION: Notice of intent to open a 373); before the close of business on June 30, coordinated remedy program 7. Vanity lamp wiring shortages 2015 (and June 26, 2015, for non-U.S. proceeding for the replacement of resulting in fire (14V–391); 8. Inadvertent ignition switch citizens). Each person wishing to attend certain Takata air bag inflators pursuant movement turning off the engine (14V– must provide his or her name and to 49 U.S.C. 30120(c)(3) and other 438); country of citizenship. Non-U.S. authority. 9. Inadvertent ignition switch citizens must also provide date of birth, movement turning off the engine (14V– title or position, and passport or SUMMARY: In order to organize and 567); diplomatic ID number, along with prioritize vehicle manufacturer’s recall 10. Sudden failure of the alternator expiration date. Each person wishing to and remedy programs to address (14V–634); make an oral presentation must also defective Takata frontal air bag inflators, 11. Inoperative instrument cluster specify the amount of time that the the National Highway Traffic Safety causing vehicle failure (14V–749); presentation is expected to last, his or Administration (‘‘NHTSA’’) is providing 12. Broken springs in the clutch her organizational affiliation, phone notice of NHTSA’s intent to open ignition interlock switch (14V–795); number, and email address. NHTSA proceedings pursuant to its authority 13. Loosening of the rear axle pinion will prepare a schedule of presentations. under 49 U.S.C. 30120(c)(3) and other Depending upon the number of persons authority. NHTSA is considering asabaliauskas on DSK5VPTVN1PROD with NOTICES nut causing loss of vehicle control (14V–796); who wish to make oral presentations implementing these remedy programs 14. Potential air bag inflator rupture and the anticipated length of those for all manufacturers and suppliers with metal fragments causing serious presentations, NHTSA may limit the involved in the recalls of defective injury (14V–817); length of oral presentations. Takata air bag inflators. This notice 15. Unintended air bag deployment For security purposes, photo explains NHTSA’s authority to open during vehicle operation (15V–041); identification is required to enter the such a proceeding and describes some 16. Unintended air bag deployment U.S. Department of Transportation of the issues that the agency would during vehicle operation (15V–046); building. To allow sufficient time to consider, and information the agency VerDate Sep<11>2014 18:19 May 21, 2015 Jkt 235001 PO 00000 Frm 00190 Fmt 4703 Sfmt 4703 E:\FR\FM\22MYN1.SGM 22MYN1

29792 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices would request from commenters, as part achieved by expanding the sources of remedy order to some but not all of such a proceeding. replacement parts, expanding the Manufacturers, whether NHTSA should FOR FURTHER INFORMATION CONTACT: number of authorized repair facilities, or order the Manufacturers to prioritize Arija Flowers, Trial Attorney, Office of both. Id. § 30120(c)(3). The Secretary certain vehicles or certain regions in its the Chief Counsel, NCC–111, National has delegated his authorities under the allocation of replacement parts and Highway Traffic Safety Administration, Safety Act to the NHTSA Administrator, how, and whether NHTSA should order 1200 New Jersey Avenue SE., 49 CFR 1.95(a), 501.2(a)(1). Each of the a re-replacement schedule for Washington, DC 20590 (telephone: 202– Manufacturers has elected a remedy replacement frontal inflators if Takata 366–8714). program of repair of the affected cannot provide assurances for the SUPPLEMENTARY INFORMATION: In order to vehicles. See 49 U.S.C. 30120(a)(1)(A). ongoing safety of the inflators. These remedy programs are individual Upon NHTSA’s opening of a Section ensure that all vehicles in the United to each of the Manufacturers, creating a 30120(c)(3) proceeding, additional States are equipped with safe air bags as patch-work solution that NHTSA information, including how to quickly as possible and to reduce the believes may not adequately address the comment, will be published in a risk of serious injury or death due to an safety risks presented by the defective supplemental Federal Register Notice. inflator rupture, NHTSA is considering Takata inflators within a reasonable Authority: 49 U.S.C. 30101, et seq., exercising its authority under the time. Regardless of root cause, these 30118–30119, 30120(c)(3), 30166(b)(1); 49 National Traffic and Motor Vehicle recalls involve the same safety risk: The CFR 573.6, 573. 14; delegations of authority Safety Act of 1966, as amended and at 49 CFR 1.95(a), 501.2(a)(1). risk of the air bag inflator rupturing recodified (the ‘‘Safety Act’’), 49 U.S.C. when the air bag is inflated, which may Issued: May 18, 2015. 30101, et seq., to organize and prioritize result in serious injury or death to Mark R. Rosekind, the remedy programs of BMW of North vehicle occupants without any prior Administrator America, LLC (‘‘BMW’’), Chrysler warning. Group, LLC (‘‘Chrysler’’), Daimler The number of impacted vehicles and [FR Doc. 2015–12449 Filed 5–21–15; 8:45 am] Trucks North America, LLC (‘‘DTNA’’), manufacturers in combination with the BILLING CODE 4910–59–P Ford Motor Company (‘‘Ford’’), General supply issues related to these air bag Motors, LLC (‘‘GM’’), American Honda recalls adds a previously unprecedented Motor Company (‘‘Honda’’), Mazda level of complexity to this recall and DEPARTMENT OF THE TREASURY North American Operations (‘‘Mazda’’), remedy process. Given the number of Mitsubishi Motors North America, Inc. Office of the Comptroller of the manufacturers (11) and the technical (‘‘Mitsubishi’’), Nissan North America, Currency complexity of the issues involved, Inc. (‘‘Nissan’’), Subaru of America, Inc. NHTSA intends to open a Section [OCC Charter Number 706335] (‘‘Subaru’’), and Toyota Motor 30120(c)(3) proceeding, and has Engineering and Manufacturing therefore issued this Notice of Intent to St. James Federal Savings and Loan (‘‘Toyota’’) (collectively, the inform the public. Association, St. James, Minnesota; ‘‘Manufacturers’’), and TK Holdings, The goal of a Section 30120(c)(3) Approval of Conversion Application Inc. (‘‘Takata’’) to address Takata frontal proceeding is for the agency to consider air bag inflators. Specifically, NHTSA is Notice is hereby given that on May 14, whether (and if so, how) to organize and 2015, the Office of the Comptroller of issuing this notice pursuant to its prioritize the recall and remedy authority under the Safety Act to the Currency (OCC) approved the programs of the Manufacturers, in order application of St. James Federal Savings ‘‘accelerate’’ a remedy program, 49 to aid the Manufacturers in U.S.C. 30120(c)(3) and 49 CFR 573.14, and Loan Association, St. James, accomplishing their significant task of Minnesota, to convert to the stock form as delegated by the Secretary of replacing all defective Takata air bag of organization. Copies of the Transportation, 49 CFR 1.95, 501.2(a)(1), inflators. application are available for inspection to inspect and investigate, 49 U.S.C. As part of a Section 30120(c)(3) on the OCC Web site at the FOIA 30166(b)(1), and to ensure that defective proceeding, NHTSA plans to consider Electronic Reading Room https://foia- vehicles and equipment are recalled, 49 the views of commenters regarding pal.occ.gov/palMain.aspx. If you have U.S.C. 30118–30119. NHTSA’s exercising its authority with On May 18, 2015, Takata filed four any questions, please call OCC respect to recall and remedy programs Defect Information Reports (‘‘DIR’s’’) Licensing Activities at (202) 649–6260. involving certain defective Takata pursuant to 49 CFR 573.6. In those frontal air bag inflators, including, but Dated: May 14, 2014. DIR’s, Takata determined that a defect not limited whether it should, and on By the Office of the Comptroller of the exists in certain models of frontal air what terms, issue an order to Currency. bag inflators (PSDI, PSDI–4, PSDI–4K, ‘‘accelerate’’ all applicable recall Stephen A. Lybarger, SPI, PSPI and PSPI–L). remedy programs, which could include, Deputy Comptroller for Licensing. The Safety Act requires manufacturers but not be limited to, provisions [FR Doc. 2015–12395 Filed 5–21–15; 8:45 am] to remedy safety-related defects in regarding sourcing, production, BILLING CODE 4810–33–P motor vehicles. 49 U.S.C. 30120(a). If allocation, delivery, installation, and the Secretary of Transportation adequacy of the remedy. determines that a manufacturer’s Further, as part of a Section DEPARTMENT OF VETERANS remedy program is not likely to be 30120(c)(3) proceeding, NHTSA would asabaliauskas on DSK5VPTVN1PROD with NOTICES AFFAIRS capable of completion within a specifically request comments on how reasonable time, the Secretary may the Manufacturers would comply with [OMB Control No. 2900–0085] require the manufacturer to ‘‘accelerate’’ an organization and prioritization of Agency Information Collection (Appeal the remedy program if the Secretary remedy directive, the possible terms of to Board of Veterans’ Appeals) Activity finds that there is a risk of serious injury any such order and, in particular, how Under OMB Review or death if the remedy program is not NHTSA should order the sourcing of the accelerated and that acceleration of the replacement parts for Manufacturers, AGENCY:Board of Veterans’ Appeals, remedy program can be reasonably whether NHTSA should issue the Department of Veterans Affairs. VerDate Sep<11>2014 18:19 May 21, 2015 Jkt 235001 PO 00000 Frm 00191 Fmt 4703 Sfmt 4703 E:\FR\FM\22MYN1.SGM 22MYN1


Document Created: 2015-12-15 15:44:47
Document Modified: 2015-12-15 15:44:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of intent to open a coordinated remedy program proceeding for the replacement of certain Takata air bag inflators pursuant to 49 U.S.C. 30120(c)(3) and other authority.
ContactArija Flowers, Trial Attorney, Office of the Chief Counsel, NCC-111, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-366-8714).
FR Citation80 FR 29791 
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