80 FR 36404 - Notice of Receipt of Petition for Decision That Nonconforming 2008 Cadillac Escalade Multipurpose Vehicles Are Eligible for Importation
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 121 (June 24, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 121 (June 24, 2015)
| Page Range | 36404-36406 | |
| FR Document | 2015-15426 |
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)] [Notices] [Pages 36404-36406] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15426] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2014-0120; Notice 1] Notice of Receipt of Petition for Decision That Nonconforming 2008 Cadillac Escalade Multipurpose Vehicles Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Receipt of petition. ----------------------------------------------------------------------- SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming 2008 Cadillac Escalade multipurpose passenger vehicles (MPV) 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 [[Page 36405]] 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 2008 Cadillac Escalade) and they are capable of being readily altered to conform to the standards. DATES: The closing date for comments on the petition is July 24, 2015. ADDRESSES: Comments should refer to the docket and notice numbers above and be submitted by any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. Fax: 202-493-2251. Instructions: Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78). How to Read Comments Submitted to the Docket: You may read the comments received by Docket Management at the address and times given above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the dockets. The docket ID number and title of this notice are shown at the heading of this document notice. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically search the Docket for new material. FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle Safety Compliance, NHTSA (202-366-5308). SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS shall be refused admission into the United States unless NHTSA has decided that the motor vehicle is substantially similar to a motor vehicle originally manufactured for importation into and sale in the United States, certified under 49 U.S.C. 30115, and of the same model year as the model of the motor vehicle to be compared, and is capable of being readily altered to conform to all applicable FMVSS. Petitions for eligibility decisions may be submitted by either manufacturers or importers who have registered with NHTSA pursuant to 49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice in the Federal Register of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then publishes this decision in the Federal Register. Wallace Environmental Testing Laboratories (``WETL''), Inc. of Houston, Texas (Registered Importer R-90-005) has petitioned NHTSA to decide whether nonconforming 2008 Cadillac Escalade MPV are eligible for importation into the United States. The vehicles which WETL believes are substantially similar are 2008 Cadillac Escalade MPV that were manufactured for sale in the United States and certified by their manufacturer as conforming to all applicable FMVSS. The petitioner claims that it compared non-U.S. certified 2008 Cadillac Escalade MPV to their U.S.-certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS. WETL submitted information with its petition intended to demonstrate that non-U.S. certified 2008 Cadillac Escalade MPV, as originally manufactured, conform to many FMVSS in the same manner as their U.S.-certified counterparts, or are capable of being readily altered to conform to those standards. Specifically, the petitioner claims that non-U.S. certified 2008 Cadillac Escalade MPV are identical to their U.S.-certified counterparts with respect to compliance with Standard Nos. 102 Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect, 103 Windshield Defrosting and Defogging Systems, 104 Windshield Wiping and Washing Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 110 Tire Selection and Rims, 113 Hood Latch System, 114 Theft Protection, 116 Motor Vehicle Brake Fluids, 118 Power-Operated Window, Partition, and Roof panel System, 124 Accelerator Control Systems, 135 Light Vehicle Brake Systems, 201 Occupant Protection in Interior Impact, 202 Head Restraints, 204 Steering Control Rearward Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention Components, 207 Seating Systems, 209 Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages, 212 Windshield Mounting, 214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 225 Child Restraint Anchorage Systems, and 302 Flammability of Interior Materials. The petitioner also contends that the vehicles are capable of being readily altered to meet the following standards, in the manner indicated: Standard No. 101 Controls and Displays: Modification of the brake warning telltale through replacement of the tachometer with the U.S.- model component, which includes a compliant brake telltale, or by adding a brake telltale which complies with the requirements of the standard. Standard No. 108 Lamps, Reflective Devices and Associated Equipment: Replacement of the headlamps and tail lamps with U.S.-model components. Standard No. 111 Rearview Mirrors: Inscription of the required warning statement on the face of the passenger mirror. Standard No. 138 Tire Pressure Monitoring Systems: Addition of U.S.-model tire pressure monitoring system components including, tire pressure sensors, transmitter, antenna, receiver, and software. In addition, verification that system functionality meets the requirements of the standard will be performed by testing each of the subject vehicles after installation of the U.S.-model components. Standard No. 208 Occupant Crash Protection: A U.S.-version of the owner's manual must be provided with [[Page 36406]] the vehicle to meet the information requirements of the standard. Standard No. 301 Fuel System Integrity: Installation of a rollover valve in the fuel tank vent line between the fuel tank and the evaporative emissions collection canister to comply with the requirements of this standard. The petitioner additionally states that a vehicle identification plate must be affixed to the vehicle near the left windshield post to meet the requirements of 49 CFR part 565. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above addresses both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the Federal Register pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8. Jeffrey Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015-15426 Filed 6-23-15; 8:45 am] BILLING CODE 4910-59-P
![36404 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices
subject vehicles does not re-illuminate automatically display an alert screen In summation, Tesla believes that the
immediately as required when the alerting the driver to a low tire pressure described noncompliance of the subject
ignition locking system is re-activated. condition. In addition, the auxiliary vehicles is inconsequential to motor
Instead, the affected vehicles must reach screen will also display a diagram of the vehicle safety, and that its petition, to
a speed between 20 mph and 25 mph for vehicle and note the tire at issue in a exempt Tesla from providing recall
a maximum period of at least 90 conspicuous manner. The system’s notification of noncompliance as
seconds before the TPMS malfunction auxiliary screen will also show the required by 49 U.S.C. 30118 and
telltale re-illuminates. condition of all remaining tires. remedying the recall noncompliance as
Rule Text: Paragraph S4.4(c)(2) of Information regarding the status of the required by 49 U.S.C. 30120 should be
FMVSS No. 138 requires in pertinent tire pressures is available to the driver granted.
part: through a menu on this auxiliary screen NHTSA notes that the statutory
S4.4 TPMS Malfunction. at any time, even if the tires are properly provisions (49 U.S.C. 30118(d) and
(c) Combination low tire pressure/TPMS inflated. This type of detailed 30120(h)) that permit manufacturers to
malfunction telltale. The vehicle meets the information and multiple alerts ensures file petitions for a determination of
requirements of S4.4(a) when equipped with the drivers are well informed of a inconsequentiality allow NHTSA to
a combined Low Tire Pressure/TPMS potential low tire pressure condition. exempt manufacturers only from the
malfunction telltale that: (B) Tesla also states that the TPMS duties found in sections 30118 and
(2) Flashes for a period of at least 60 only fails to operate properly when a 30120, respectively, to notify owners,
seconds but no longer than 90 seconds upon purchasers, and dealers of a defect or
detection of any condition specified in
faulty, missing or non-approved sensor
S4.4(a) after the ignition locking system is is detected and the ignition is cycled. noncompliance and to remedy the
activated to the ‘‘On’’ (‘‘Run’’) position. After Specifically, if such a fault is detected, defect or noncompliance. Therefore, any
each period of prescribed flashing, the but the ignition is then cycled off, then decision on this petition only applies to
telltale must remain continuously on, the MIL will reset, thus requiring the the subject vehicles that Tesla no longer
illuminated as long as a malfunction exists system to re-detect the fault or missing controlled at the time it determined that
and the ignition locking system is in the or unapproved sensor versus the noncompliance existed. However,
‘‘On’’ (‘‘Run’’) position. This flashing and immediately re-illuminating the MIL any decision on this petition does not
illumination sequence must be repeated from the previously detected fault. The relieve vehicle distributors and dealers
each time the ignition locking system is of the prohibitions on the sale, offer for
placed in the ‘‘On’’ (‘‘Run’’) position until the
noncompliance is confined to this one
situation causing the malfunction has been particular aspect of TPMS function. All sale, or introduction or delivery for
corrected. . . . other functions remain in compliance introduction into interstate commerce of
V. Summary of Tesla’s Analyses: with the requirements of FMVSS No. the noncompliant vehicles under their
Tesla stated its belief that the subject 138. control after Tesla notified them that the
noncompliance is inconsequential to (C) Tesla further stated that although subject noncompliance existed.
motor vehicle safety for the following the MIL fails to re-illuminate Authority: (49 U.S.C. 30118, 30120:
reasons: immediately after a subsequent ignition delegations of authority at 49 CFR 1.95 and
(A) Tesla states that they provide off/on cycle, the TPMS remains 501.8)
warnings and alerts in several ways functional. As a result, the system will Jeffrey Giuseppe,
above and beyond the minimal still accurately detect the continued
Director, Office of Vehicle Safety Compliance.
requirements of the regulations. presence of a fault in a sensor and
[FR Doc. 2015–15424 Filed 6–23–15; 8:45 am]
Specifically, the TPMS on the subject illuminate the MIL anew. Specifically,
after ignition off/on, the TPMS will BILLING CODE 4910–59–P
vehicles automatically checks the wheel
sensors fitted on the vehicle. The TPMS detect anew the faulty, missing or non-
then checks the tire pressure from each approved sensor and the MIL will flash
for 60–90 seconds before staying on. DEPARTMENT OF TRANSPORTATION
sensor and that the check system for tire
pressure occurs prior to the vehicle This will occur no more than 90 National Highway Traffic Safety
moving. The TPMS detects one or more seconds after the vehicle reaches a Administration
new sensors (meaning different from speed of between 20mph and 25 mph.
those calibrated by the TPMS during the Once illuminated, the MIL will remain [Docket No. NHTSA–2014–0120; Notice 1]
vehicles last ignition cycle), the TPMS on throughout the course of the ignition
cycle, regardless of further operating Notice of Receipt of Petition for
will automatically ‘‘learn’’ the new
speeds or other conditions. Moreover, Decision That Nonconforming 2008
sensors. After calibration, the TPMS
the additional warnings via the ‘‘fault’’ Cadillac Escalade Multipurpose
will again review all four tires for any
display in the dashboard, and the Vehicles Are Eligible for Importation
low pressure situation.
If a low pressure situation occurs in auxiliary display warnings will appear AGENCY: National Highway Traffic
one or more of the four tires on the anew. Clearing the new warning in the Safety Administration, DOT.
vehicle, the system will continuously auxiliary screen will once again require ACTION: Receipt of petition.
illuminate the combined low pressure/ the driver to actively clear the screen.
malfunction indicator lamp (MIL), thus Tesla believes this is especially effective SUMMARY: This document announces
providing the driver a timely warning of in notifying vehicle operators in that the receipt by the National Highway Traffic
low tire pressure. In addition, the reanimation of the center auxiliary Safety Administration (NHTSA) of a
subject vehicles are also equipped with screen warning and subsequent action petition for a decision that
tkelley on DSK3SPTVN1PROD with NOTICES
an auxiliary screen that provides required to clear the screen ensures nonconforming 2008 Cadillac Escalade
additional warnings and information review of the warning by the driver. multipurpose passenger vehicles (MPV)
regarding a low pressure condition. (D) Tesla says they have not received that were not originally manufactured to
When one or more of the four tires have any complaints, noted any issues, or comply with all applicable Federal
a detected low tire pressure condition, had any incidents or other issues motor vehicle safety standards
the auxiliary screen in the lower portion relating to the failure of the TPMS (FMVSS), are eligible for importation
of the center console area will module noncompliance. into the United States because they are
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the vehicle to meet the information Comments must refer to the docket and exemption from the notification and
requirements of the standard. notice number cited at the beginning of remedy requirements of 49 U.S.C.
Standard No. 301 Fuel System this notice and submitted by any of the Chapter 301 on the basis that this
Integrity: Installation of a rollover valve following methods: noncompliance is inconsequential to
in the fuel tank vent line between the • Mail: Send comments by mail motor vehicle safety. In a letter dated
fuel tank and the evaporative emissions addressed to: U.S. Department of May 7, 2015, Tireco also submitted a
collection canister to comply with the Transportation, Docket Operations, M– supplement to its petition.
requirements of this standard. 30, West Building Ground Floor, Room This notice of receipt of Tireco’s
The petitioner additionally states that W12–140, 1200 New Jersey Avenue SE., petition is published under 49 U.S.C.
a vehicle identification plate must be Washington, DC 20590. 30118 and 30120 and does not represent
affixed to the vehicle near the left • Hand Deliver: Deliver comments by any agency decision or other exercise of
windshield post to meet the hand to: U.S. Department of judgment concerning the merits of the
requirements of 49 CFR part 565. Transportation, Docket Operations, M– petition.
All comments received before the 30, West Building Ground Floor, Room II. Replacement Tires Involved:
close of business on the closing date W12–140, 1200 New Jersey Avenue SE., Affected are approximately 31,316
indicated above will be considered, and Washington, DC 20590. The Docket Milestar brand medium truck
will be available for examination in the Section is open on weekdays from 10 replacement tires that were imported by
docket at the above addresses both a.m. to 5 p.m. except Federal Holidays. Tireco and manufactured by Shandong
before and after that date. To the extent • Electronically: Submit comments Wanda Boto Tyre Co, LTD in China
possible, comments filed after the electronically by: logging onto the between June 3, 2013 and January 25,
closing date will also be considered. Federal Docket Management System 2015. Refer to Tireco’s 49 CFR part 573
Notice of final action on the petition (FDMS) Web site at http:// report for detailed descriptions of the
will be published in the Federal www.regulations.gov/. Follow the online affected tires.
Register pursuant to the authority instructions for submitting comments. III. Noncompliance: Tireco states that
indicated below. Comments may also be faxed to (202) the subject tires do not comply with
Authority: 49 U.S.C. 30141(a)(1)(A), 493–2251. paragraph S6.5(j) of FMVSS No. 119
(a)(1)(B), and (b)(1); 49 CFR 593.7; delegation Comments must be written in the because they are marked the letter ‘‘J’’
of authority at 49 CFR 1.95 and 501.8. English language, and be no greater than instead of the letter ‘‘L’’ to designate the
15 pages in length, although there is no tire’s load range, or are not marked with
Jeffrey Giuseppe, any load range letter. In addition, some
limit to the length of necessary
Director, Office of Vehicle Safety Compliance. of the affected tires also do not fully
attachments to the comments. If
[FR Doc. 2015–15426 Filed 6–23–15; 8:45 am] comply with paragraph S6.5(d) of
comments are submitted in hard copy
BILLING CODE 4910–59–P form, please ensure that two copies are FMVSS No. 119 because, while the
provided. If you wish to receive proper maximum load ratings and
confirmation that your comments were pressures are specified correctly on the
DEPARTMENT OF TRANSPORTATION sidewalls for both single and dual
received, please enclose a stamped, self-
addressed postcard with the comments. applications, both ratings are identified
National Highway Traffic Safety as ‘‘DUAL.’’ The first rating should have
Administration Note that all comments received will be
posted without change to http:// been identified as ‘‘SINGLE.’’
[Docket No. NHTSA–2015–0028; Notice 1] www.regulations.gov, including any IV. Rule Text: Paragraph S6.5 of
personal information provided. FMVSS No. 119 requires in pertinent
Tireco, Inc., Receipt of Petition for Documents submitted to a docket may part:
Decision of Inconsequential be viewed by anyone at the address and S6.5 Tire markings. Except as specified in
Noncompliance times given above. The documents may this paragraph, each tire shall be marked on
AGENCY: National Highway Traffic also be viewed on the Internet at each sidewall with the information specified
http://www.regulations.gov by following in paragraphs (a) through (j) of this section.
Safety Administration (NHTSA),
the online instructions for accessing the The markings shall be placed between the
Department of Transportation (DOT). maximum section width (exclusive of
ACTION: Receipt of Petition. dockets. DOT’s complete Privacy Act sidewall decorations or curb ribs) and the
Statement is available for review in the bead on at least one sidewall, unless the
SUMMARY: Tireco, Inc. (Tireco) has Federal Register published on April 11, maximum section width of the tire is located
determined that certain Milestar brand 2000, (65 FR 19477–78). in an area which is not more than one-fourth
replacement medium truck tires do not The petition, supporting materials, of the distance from the bead to the shoulder
fully comply with paragraph S6.5(j), and and all comments received before the of the tire. If the maximum section width
in some cases also paragraph S6.5(d), of close of business on the closing date falls within that area, the markings shall
Federal Motor Vehicle Safety Standard indicated below will be filed and will be appear between the bead and a point one-half
(FMVSS) No. 119, New Pneumatic Tires considered. All comments and the distance from the bead to the shoulder of
the tire, on at least one sidewall. The
for Vehicles with a GVWR of More Than supporting materials received after the markings shall be in letters and numerals not
4,536 Kilograms (10,000 Pounds) and closing date will also be filed and will less than 2 mm (0.078 inch) high and raised
Motorcycles. Tireco has filed an be considered to the extent possible. above or sunk below the tire surface not less
appropriate report dated February 5, When the petition is granted or denied, than 0.4 mm (0.015 inch), except that the
2015, pursuant to 49 CFR part 573, notice of the decision will be published marking depth shall be not less than 0.25mm
Defect and Noncompliance in the Federal Register pursuant to the (0.010 inch) in the case of motorcycle tires.
tkelley on DSK3SPTVN1PROD with NOTICES
Responsibility and Reports. authority indicated below. The tire identification and the DOT symbol
DATES: The closing date for comments labeling shall comply with part 574 of this
SUPPLEMENTARY INFORMATION:
chapter. Markings may appear on only one
on the petition is July 24, 2015. I. Tireco’s Petition: Pursuant to 49 sidewall and the entire sidewall area may be
ADDRESSES: Interested persons are U.S.C. 30118(d) and 30120(h) (see used in the case of motorcycle tires and
invited to submit written data, views, implementing rule at 49 CFR part 556), recreational, boat, baggage, and special trailer
and arguments on this petition. Tireco submitted a petition for an tires. . . .
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Document Created: 2015-12-15 14:09:15
Document Modified: 2015-12-15 14:09:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of petition. | |
| Dates | The closing date for comments on the petition is July 24, 2015. | |
| Contact | George Stevens, Office of Vehicle Safety Compliance, NHTSA (202-366-5308). | |
| FR Citation | 80 FR 36404 |
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