81_FR_95980 81 FR 95731 - Ford Motor Company, Receipt of Petition for Decision of Inconsequential Noncompliance

81 FR 95731 - Ford Motor Company, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 249 (December 28, 2016)

Page Range95731-95733
FR Document2016-31405

Ford Motor Company (Ford), has determined that certain model year (MY) 2015-2017 Ford F-150 and Ford F-Super Duty pickup trucks do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 202a, Head Restraints. Ford filed a noncompliance information report dated October 18, 2016. Ford also petitioned NHTSA on November 17, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 81 Issue 249 (Wednesday, December 28, 2016)
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Notices]
[Pages 95731-95733]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31405]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0116; Notice 1]


Ford Motor Company, Receipt of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: Ford Motor Company (Ford), has determined that certain model 
year (MY) 2015-2017 Ford F-150 and Ford F-Super Duty pickup trucks do 
not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 
202a, Head Restraints. Ford filed a noncompliance information report 
dated October 18, 2016. Ford also petitioned NHTSA on November 17, 
2016, for a decision that the subject noncompliance is inconsequential 
as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is January 27, 
2017.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver comments by hand to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The 
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except 
Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    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 comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the Internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION: 

I. Overview

    Ford Motor Company (Ford), has determined that certain model year 
(MY) 2015-2017 Ford F-150 and Ford F-Super Duty pickup trucks do not 
fully comply with paragraph S4.2.2 of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 202a, Head Restraints. Ford filed a noncompliance 
information report dated October 18, 2016, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports. Ford also 
petitioned NHTSA on November 17, 2016, pursuant to 49 U.S.C. 30118(d) 
and 30120(h) and 49 CFR part 556, for an exemption from the 
notification and remedy requirements of 49 U.S.C. Chapter 301 on the 
basis that this noncompliance is inconsequential as it relates to motor 
vehicle safety.
    This notice of receipt of Ford's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.

II. Vehicles Involved

    Approximately 274,321 MY 2015-2017 Ford F-150 and MY 2017 Ford

[[Page 95732]]

F-Super Duty pickup trucks manufactured between March 12, 2014 and 
September 28, 2016, are potentially involved. The affected vehicles are 
those equipped with a 4-way adjustable driver and front passenger seat 
head restraint and a front row center seating position (referred to as 
a ``40/20/40 front seat'').

III. Noncompliance

    Ford explains that the noncompliance is that the driver and front 
passenger seat head restraints in the subject vehicles do not meet the 
minimum width requirements of paragraph S4.2.2 of FMVSS No. 202a. The 
head restraints have, on average, a width of 239 mm, which is below the 
254 mm minimum width required by the standard.

IV. Rule Text

    Paragraph S4.2.2 of FMVSS No. 202a states:

    S4.2.2 Width. When measured in accordance with S5.2.2 of this 
section, 65  3 mm below the top of the head restraint, 
the lateral width of a head restraint must be not less than 170 mm, 
except the lateral width of the head restraint for front outboard 
designated seating positions in a vehicle with a front center 
designated seating position, must be no less than 254mm . . .

V. Summary of Ford's Petition

    Ford described the subject noncompliance and stated its belief that 
the noncompliance is inconsequential as it relates to motor vehicle 
safety.
    In support of its petition, Ford submitted the following reasoning:
    1. Identical bucket seat and head restraint design provides the 
intended level of protection: The outboard front bucket seats (cushion, 
back, head restraint) are identical for trucks built with or without a 
front row center designated seating position (dsp). In fact, it is 
possible to remove the seats from a subject truck and swap them with 
the seats from a truck built without a front center dsp. The center 
area between the two outboard front bucket seats can be configured with 
a fold down storage console/dsp, center storage console, or nothing. 
The outboard bucket seats are the same, regardless of the selected 
center option.
    a. Review of preamble discussions (FMVSS No. 202a rulemaking) finds 
that the main reason for retaining the 254 mm width requirement was 
concern that ``occupants seated on bench seats are freer than occupants 
of single seats to position themselves so that they are not directly in 
front of the head restraint, and a bench head restraint needs to be 
wider to assure that the head restraint will be behind the occupant in 
event of a crash.'' (72 FR 25514)
    b. Review of preamble discussions finds that the main reason for 
retaining the 170 mm width requirement, and not increasing to 254 mm, 
for ``bucket seats'' is ``. . . front outboard non-bench seats have a 
defined contour that, in addition to belt use, better prescribe 
occupant seating position relative to the head restraint. Therefore, 
the front non-bench head restraints can be narrower than the front 
bench seat head restraints.'' (69 FR 74848)
    c. Conclusion: The seat utilized in the subject vehicles are not 
``bench seats'' in the traditional sense of providing a single seating 
surface that spans the width of the vehicle. All of the characteristics 
citied by the Agency in supporting the basis for narrower head 
restraints for bucket seat vehicles are present in the outboard seats 
of the subject trucks because the outboard bucket seats are identical 
regardless of how the center area between the seats is configured. The 
ability for an occupant to position or mis-position themselves in the 
outboard seat is the same for trucks with or without the center dsp 
because the seat contours and seat belt anchorage locations are the 
same. The seats are identical and interchangeable but the head 
restraint width requirement is different. Ford is not advocating that a 
narrower head restraint width requirement should apply. Rather, Ford 
believes that the safety risk the agency sought to address by retaining 
a wider width requirement for seats with a front center dsp is simply 
not present in the subject bucket seats because of its contoured 
design. Regardless how the front center area between the seats is 
configured, Ford believes that the subject head restraints in the 
outboard front bucket seats provide the intended level of protection.
    2. Seating reference point measurements demonstrate head restraints 
provide required width protection and intended level of safety:
    a. Ford evaluated head restraint width protection using seating 
reference point measurements (SgRP). In promulgating FMVSS No. 202a, 
the Agency proposed to ``maintain the existing width requirements.'' In 
responding to comments to harmonize the requirements with ECE 17, the 
agency stated that, ``The 254 mm width requirement for these head 
restraints on bench seats has been in effect since January 1, 1969.'' 
(69 FR 74848). Ford believes that this clearly shows that the agency 
intended to retain the width requirement as-is in the upgraded 
standard.
    b. In retaining the width requirements, the measurement procedure 
was revised from ``when measured either 64 mm below the top of the head 
restraint or 635 mm above the seating reference point'' to ``when 
measured 65  3 mm below the top of the head restraint.''
    c. Ford believes that the position of the occupant's head is 
determined by their seating position, not by the head restraint. In 
this case, Ford believes that measuring the head restraint width from 
the SgRP demonstrates that the subject head restraints provide the 
intended level of safety. Measuring from the top of the head restraint 
actually varies the location of the width requirement based on the head 
restraint design, and is not necessarily based on the position of the 
occupant's head. Below is a table providing data illustrating how the 
height of a head restraint affects the location at which the width 
requirement applies, further it shows how this is different under the 
original FMVSS No. 202 standard.

     Table 1--Comparison of Head Restraint With Measurement Location
------------------------------------------------------------------------
                                  Height at width      Height at width
                                 measurement--FMVSS   measurement--FMVSS
  Top of head restraint  (mm)     No. 202  (635 mm     No. 202a  (65 mm
                                    above SgRP)           below top)
------------------------------------------------------------------------
700 (FMVSS No. 202)...........  635                  635
750 (FMVSS No. 202a)..........  635                  685
800 (FMVSS No. 202a)..........  635                  735
850...........................  635                  785
------------------------------------------------------------------------


[[Page 95733]]

    d. The height of the adjustable head restraint in the subject 
trucks ranges from a minimum of 802 mm up to 851 mm, exceeding the 
height requirements of FMVSS No. 202a by 50 mm.
    e. While the agency argued that the existing requirements should 
not be changed because they meet the need for motor vehicle safety, in 
the preambles for the FMVSS No. 202a upgrade, no rationale was provided 
for excluding the option of measuring up from the SgRP or how this 
option did not meet the need for motor vehicle safety.
    f. Conclusion: In the subject trucks, the outboard dsp head 
restraint width exceeds the requirement when the width is measured 635 
mm above the SgRP. This method is based on the occupant seated height 
and is consistent for all seats and head restraints, and demonstrates 
that the subject head restraints provide occupants with the intended 
level of safety.
    3. Exemplar measurements demonstrate that the subject head 
restraints provide required width protection and intended level of 
safety for all occupants:
    a. Ford evaluated head restraint width protection for occupants 
using a SAEJ826 package manikin. The measured width of the head 
restraint at the initial point of contact between the head restraint 
and the head of the manikin is 257 mm. The height at this location is 
636 mm above the seating reference point (SgRP).
    b. Based on a survey of 15 trucks the highest point on the head 
restraint that meets the 254 mm width requirement ranged from 674 mm to 
721 mm above the SgRP with the head restraint in the full down 
position. Ford provides the required width across a wide section of the 
head restraint. Adjusting the head restraint up (up to 50 mm of 
vertical adjustment is available) further increases the range at which 
Ford provides the required width. This range of coverage includes 
occupants as tall and taller than the 95th percentile American male.
    c. Conclusion: The subject trucks provide the required width and 
intended level of safety for all occupants including, and taller than, 
the 95th percentile American male.
    4. Vehicle performance testing demonstrates head restraints provide 
intended level of safety:
    a. Another alternative method for evaluating seat performance is 
testing. The Ford F-150 meets or exceeds all other FMVSS No. 202a 
requirements and was rated ``Good'' by the Insurance Institute for 
Highway Safety based on dynamic whiplash testing. Based on testing, 
Ford believes that its head restraints are indeed providing the 
intended level of safety to occupants.
    Ford stated that it has made changes in production to increase the 
width of the head restraints.
    Ford concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, any decision on 
this petition only applies to the subject vehicles that Ford no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on this petition does not relieve vehicle 
distributors and dealers of the prohibitions on the sale, offer for 
sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant vehicles under their control after Ford 
notified them that the subject noncompliance existed.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-31405 Filed 12-27-16; 8:45 am]
 BILLING CODE 4910-59-P



                                                                         Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices                                           95731

                                                under an obligation to provide                          DEPARTMENT OF TRANSPORTATION                          confirmation that comments you have
                                                information to the agency. It also                                                                            submitted by mail were received, please
                                                includes entities that voluntarily submit               National Highway Traffic Safety                       enclose a stamped, self-addressed
                                                information to the agency. Such entities                Administration                                        postcard with the comments. Note that
                                                would include manufacturers of motor                                                                          all comments received will be posted
                                                                                                        [Docket No. NHTSA–2016–0116; Notice 1]
                                                vehicles and of motor vehicle                                                                                 without change to https://
                                                equipment. Importers are considered to                  Ford Motor Company, Receipt of                        www.regulations.gov, including any
                                                be manufacturers. It may also include                   Petition for Decision of                              personal information provided.
                                                                                                        Inconsequential Noncompliance                            All comments and supporting
                                                other entities that are involved with
                                                                                                                                                              materials received before the close of
                                                motor vehicles or motor vehicle
                                                                                                        AGENCY:  National Highway Traffic                     business on the closing date indicated
                                                equipment but are not manufacturers.                                                                          above will be filed in the docket and
                                                                                                        Safety Administration (NHTSA),
                                                   Estimate of the Total Annual                         Department of Transportation (DOT).                   will be considered. All comments and
                                                Reporting and Recordkeeping Burdens                     ACTION: Receipt of petition.                          supporting materials received after the
                                                Resulting from the Collection of                                                                              closing date will also be filed and will
                                                Information—4000 hours.                                 SUMMARY:   Ford Motor Company (Ford),                 be considered to the fullest extent
                                                   The agency receives requests for                     has determined that certain model year                possible.
                                                                                                        (MY) 2015–2017 Ford F–150 and Ford                       When the petition is granted or
                                                confidential treatment that vary in size
                                                                                                        F-Super Duty pickup trucks do not fully               denied, notice of the decision will also
                                                from requests that ask the agency to
                                                                                                        comply with Federal Motor Vehicle                     be published in the Federal Register
                                                withhold as little as a portion of one                                                                        pursuant to the authority indicated at
                                                                                                        Safety Standard (FMVSS) No. 202a,
                                                page to multiple boxes of documents.                                                                          the end of this notice.
                                                                                                        Head Restraints. Ford filed a
                                                NHTSA estimates that it will take on                    noncompliance information report                         All comments, background
                                                average approximately eight (8) hours                   dated October 18, 2016. Ford also                     documentation, and supporting
                                                for an entity to prepare a submission                   petitioned NHTSA on November 17,                      materials submitted to the docket may
                                                requesting confidential treatment. This                 2016, for a decision that the subject                 be viewed by anyone at the address and
                                                estimate will vary based on the size of                 noncompliance is inconsequential as it                times given above. The documents may
                                                the submission, with smaller and                        relates to motor vehicle safety.                      also be viewed on the Internet at https://
                                                voluntary submissions taking                            DATES: The closing date for comments                  www.regulations.gov by following the
                                                considerably less time to prepare. The                  on the petition is January 27, 2017.                  online instructions for accessing the
                                                agency based this estimate on the                                                                             dockets. The docket ID number for this
                                                                                                        ADDRESSES: Interested persons are
                                                volume of requests received over the                                                                          petition is shown in the heading of this
                                                                                                        invited to submit written data, views,                notice.
                                                past three years.                                       and arguments on this petition.                          DOT’s complete Privacy Act
                                                   NHTSA estimates that it will receive                 Comments must refer to the docket and                 Statement is available for review in a
                                                approximately 500 requests for                          notice number cited in the title of this              Federal Register notice published on
                                                confidential treatment annually. This                   notice and submitted by any of the                    April 11, 2000, (65 FR 19477–78).
                                                figure is based on the average number of                following methods:
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                requests received over the past three                     • Mail: Send comments by mail
                                                years. We selected this period because                  addressed to U.S. Department of                       I. Overview
                                                it provides an estimate based on                        Transportation, Docket Operations,                       Ford Motor Company (Ford), has
                                                incoming requests for the most recent                   M–30, West Building Ground Floor,                     determined that certain model year
                                                three years. The agency estimates that                  Room W12–140, 1200 New Jersey                         (MY) 2015–2017 Ford F–150 and Ford
                                                the total burden for this information                   Avenue SE., Washington, DC 20590.                     F-Super Duty pickup trucks do not fully
                                                collection will be approximately 4000                     • Hand Delivery: Deliver comments                   comply with paragraph S4.2.2 of
                                                hours, which is based on the number of                  by hand to U.S. Department of                         Federal Motor Vehicle Safety Standard
                                                requests (500) multiplied by the                        Transportation, Docket Operations,                    (FMVSS) No. 202a, Head Restraints.
                                                estimated number of hours to prepare                    M–30, West Building Ground Floor,                     Ford filed a noncompliance information
                                                                                                        Room W12–140, 1200 New Jersey                         report dated October 18, 2016, pursuant
                                                each submission (8 hours).
                                                                                                        Avenue SE., Washington, DC 20590.                     to 49 CFR part 573, Defect and
                                                   Since nothing in the rule requires                   The Docket Section is open on                         Noncompliance Responsibility and
                                                those persons who request confidential                  weekdays from 10 a.m. to 5 p.m. except                Reports. Ford also petitioned NHTSA on
                                                treatment pursuant to part 512 to keep                  Federal Holidays.                                     November 17, 2016, pursuant to 49
                                                copies of any records or requests                         • Electronically: Submit comments                   U.S.C. 30118(d) and 30120(h) and 49
                                                submitted to us, recordkeeping costs                    electronically by logging onto the                    CFR part 556, for an exemption from the
                                                imposed would be zero hours and zero                    Federal Docket Management System                      notification and remedy requirements of
                                                costs.                                                  (FDMS) Web site at https://                           49 U.S.C. Chapter 301 on the basis that
                                                  Authority: 44 U.S.C. 3506; delegation of              www.regulations.gov/. Follow the online               this noncompliance is inconsequential
                                                authority at 49 CFR 1.95.                               instructions for submitting comments.                 as it relates to motor vehicle safety.
                                                                                                           • Comments may also be faxed to                       This notice of receipt of Ford’s
                                                  Issued on December 21, 2016 in                        (202) 493–2251.                                       petition is published under 49 U.S.C.
                                                Washington, DC, under authority delegated                  Comments must be written in the
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              30118 and 30120 and does not represent
                                                in 49 CFR part 1.95.                                    English language, and be no greater than              any agency decision or other exercise of
                                                Paul A. Hemmersbaugh,                                   15 pages in length, although there is no              judgment concerning the merits of the
                                                Chief Counsel.                                          limit to the length of necessary                      petition.
                                                [FR Doc. 2016–31333 Filed 12–27–16; 8:45 am]            attachments to the comments. If
                                                                                                        comments are submitted in hard copy                   II. Vehicles Involved
                                                BILLING CODE 4910–59–P
                                                                                                        form, please ensure that two copies are                  Approximately 274,321 MY 2015–
                                                                                                        provided. If you wish to receive                      2017 Ford F–150 and MY 2017 Ford


                                           VerDate Sep<11>2014   18:54 Dec 27, 2016   Jkt 241001   PO 00000   Frm 00177   Fmt 4703   Sfmt 4703   E:\FR\FM\28DEN1.SGM   28DEN1


                                                95732                             Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices

                                                F-Super Duty pickup trucks                                                    outboard bucket seats are the same,                                 seats because of its contoured design.
                                                manufactured between March 12, 2014                                           regardless of the selected center option.                           Regardless how the front center area
                                                and September 28, 2016, are potentially                                          a. Review of preamble discussions                                between the seats is configured, Ford
                                                involved. The affected vehicles are                                           (FMVSS No. 202a rulemaking) finds that                              believes that the subject head restraints
                                                those equipped with a 4-way adjustable                                        the main reason for retaining the                                   in the outboard front bucket seats
                                                driver and front passenger seat head                                          254 mm width requirement was concern                                provide the intended level of protection.
                                                restraint and a front row center seating                                      that ‘‘occupants seated on bench seats
                                                                                                                                                                                                    2. Seating reference point
                                                position (referred to as a ‘‘40/20/40 front                                   are freer than occupants of single seats
                                                                                                                                                                                                  measurements demonstrate head
                                                seat’’).                                                                      to position themselves so that they are
                                                                                                                                                                                                  restraints provide required width
                                                                                                                              not directly in front of the head
                                                III. Noncompliance                                                            restraint, and a bench head restraint                               protection and intended level of safety:
                                                   Ford explains that the noncompliance                                       needs to be wider to assure that the                                  a. Ford evaluated head restraint width
                                                is that the driver and front passenger                                        head restraint will be behind the                                   protection using seating reference point
                                                seat head restraints in the subject                                           occupant in event of a crash.’’ (72 FR                              measurements (SgRP). In promulgating
                                                vehicles do not meet the minimum                                              25514)                                                              FMVSS No. 202a, the Agency proposed
                                                width requirements of paragraph S4.2.2                                           b. Review of preamble discussions                                to ‘‘maintain the existing width
                                                of FMVSS No. 202a. The head restraints                                        finds that the main reason for retaining                            requirements.’’ In responding to
                                                have, on average, a width of 239 mm,                                          the 170 mm width requirement, and not                               comments to harmonize the
                                                which is below the 254 mm minimum                                             increasing to 254 mm, for ‘‘bucket seats’’                          requirements with ECE 17, the agency
                                                width required by the standard.                                               is ‘‘. . . front outboard non-bench seats                           stated that, ‘‘The 254 mm width
                                                                                                                              have a defined contour that, in addition                            requirement for these head restraints on
                                                IV. Rule Text
                                                                                                                              to belt use, better prescribe occupant                              bench seats has been in effect since
                                                  Paragraph S4.2.2 of FMVSS No. 202a                                          seating position relative to the head                               January 1, 1969.’’ (69 FR 74848). Ford
                                                states:                                                                       restraint. Therefore, the front non-bench                           believes that this clearly shows that the
                                                   S4.2.2 Width. When measured in                                             head restraints can be narrower than the                            agency intended to retain the width
                                                accordance with S5.2.2 of this section, 65 ±                                  front bench seat head restraints.’’ (69 FR                          requirement as-is in the upgraded
                                                3 mm below the top of the head restraint, the                                 74848)                                                              standard.
                                                lateral width of a head restraint must be not                                    c. Conclusion: The seat utilized in the
                                                less than 170 mm, except the lateral width                                    subject vehicles are not ‘‘bench seats’’ in                           b. In retaining the width
                                                of the head restraint for front outboard                                      the traditional sense of providing a                                requirements, the measurement
                                                designated seating positions in a vehicle with                                                                                                    procedure was revised from ‘‘when
                                                a front center designated seating position,                                   single seating surface that spans the
                                                                                                                              width of the vehicle. All of the                                    measured either 64 mm below the top
                                                must be no less than 254mm . . .                                                                                                                  of the head restraint or 635 mm above
                                                                                                                              characteristics citied by the Agency in
                                                V. Summary of Ford’s Petition                                                 supporting the basis for narrower head                              the seating reference point’’ to ‘‘when
                                                                                                                              restraints for bucket seat vehicles are                             measured 65 ± 3 mm below the top of
                                                   Ford described the subject
                                                                                                                              present in the outboard seats of the                                the head restraint.’’
                                                noncompliance and stated its belief that
                                                the noncompliance is inconsequential                                          subject trucks because the outboard                                   c. Ford believes that the position of
                                                as it relates to motor vehicle safety.                                        bucket seats are identical regardless of                            the occupant’s head is determined by
                                                   In support of its petition, Ford                                           how the center area between the seats is                            their seating position, not by the head
                                                submitted the following reasoning:                                            configured. The ability for an occupant                             restraint. In this case, Ford believes that
                                                   1. Identical bucket seat and head                                          to position or mis-position themselves                              measuring the head restraint width from
                                                restraint design provides the intended                                        in the outboard seat is the same for                                the SgRP demonstrates that the subject
                                                level of protection: The outboard front                                       trucks with or without the center dsp                               head restraints provide the intended
                                                bucket seats (cushion, back, head                                             because the seat contours and seat belt                             level of safety. Measuring from the top
                                                restraint) are identical for trucks built                                     anchorage locations are the same. The                               of the head restraint actually varies the
                                                with or without a front row center                                            seats are identical and interchangeable                             location of the width requirement based
                                                designated seating position (dsp). In                                         but the head restraint width                                        on the head restraint design, and is not
                                                fact, it is possible to remove the seats                                      requirement is different. Ford is not                               necessarily based on the position of the
                                                from a subject truck and swap them                                            advocating that a narrower head                                     occupant’s head. Below is a table
                                                with the seats from a truck built without                                     restraint width requirement should                                  providing data illustrating how the
                                                a front center dsp. The center area                                           apply. Rather, Ford believes that the                               height of a head restraint affects the
                                                between the two outboard front bucket                                         safety risk the agency sought to address                            location at which the width requirement
                                                seats can be configured with a fold                                           by retaining a wider width requirement                              applies, further it shows how this is
                                                down storage console/dsp, center                                              for seats with a front center dsp is                                different under the original FMVSS No.
                                                storage console, or nothing. The                                              simply not present in the subject bucket                            202 standard.

                                                                                         TABLE 1—COMPARISON OF HEAD RESTRAINT WITH MEASUREMENT LOCATION
                                                                                                                                                                               Height at width measurement—         Height at width measurement—
                                                                                            Top of head restraint                                                                     FMVSS No. 202                        FMVSS No. 202a
                                                                                                    (mm)                                                                           (635 mm above SgRP)                    (65 mm below top)
sradovich on DSK3GMQ082PROD with NOTICES




                                                700   (FMVSS No. 202) .......................................................................................                  635                                  635
                                                750   (FMVSS No. 202a) .....................................................................................                   635                                  685
                                                800   (FMVSS No. 202a) .....................................................................................                   635                                  735
                                                850    .....................................................................................................................   635                                  785




                                           VerDate Sep<11>2014         18:54 Dec 27, 2016           Jkt 241001       PO 00000         Frm 00178        Fmt 4703       Sfmt 4703      E:\FR\FM\28DEN1.SGM   28DEN1


                                                                         Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices                                           95733

                                                   d. The height of the adjustable head                 restraints are indeed providing the                   FOR FURTHER INFORMATION CONTACT:
                                                restraint in the subject trucks ranges                  intended level of safety to occupants.                FinCEN Resource Center at 800–767–
                                                from a minimum of 802 mm up to 851                         Ford stated that it has made changes               2825.
                                                mm, exceeding the height requirements                   in production to increase the width of                SUPPLEMENTARY INFORMATION: The
                                                of FMVSS No. 202a by 50 mm.                             the head restraints.                                  Annunzio-Wylie Anti-Money
                                                   e. While the agency argued that the                     Ford concluded by expressing the
                                                                                                                                                              Laundering Act of 1992 required the
                                                existing requirements should not be                     belief that the subject noncompliance is
                                                                                                                                                              Secretary of the Treasury to establish a
                                                changed because they meet the need for                  inconsequential as it relates to motor
                                                                                                                                                              Bank Secrecy Act Advisory Group
                                                motor vehicle safety, in the preambles                  vehicle safety, and that its petition to be
                                                                                                                                                              (BSAAG) consisting of representatives
                                                for the FMVSS No. 202a upgrade, no                      exempted from providing notification of
                                                                                                                                                              from federal regulatory and law
                                                rationale was provided for excluding the                the noncompliance, as required by 49
                                                                                                                                                              enforcement agencies, financial
                                                option of measuring up from the SgRP                    U.S.C. 30118, and a remedy for the
                                                                                                                                                              institutions, and trade groups with
                                                or how this option did not meet the                     noncompliance, as required by 49
                                                                                                                                                              members subject to the requirements of
                                                need for motor vehicle safety.                          U.S.C. 30120, should be granted.
                                                   f. Conclusion: In the subject trucks,                   NHTSA notes that the statutory                     the Bank Secrecy Act, 31 CFR 1000—
                                                the outboard dsp head restraint width                   provisions (49 U.S.C. 30118(d) and                    1099 et seq. or Section 6050I of the
                                                exceeds the requirement when the                        30120(h)) that permit manufacturers to                Internal Revenue Code of 1986. The
                                                width is measured 635 mm above the                      file petitions for a determination of                 BSAAG is the means by which the
                                                SgRP. This method is based on the                       inconsequentiality allow NHTSA to                     Treasury receives advice on the
                                                occupant seated height and is consistent                exempt manufacturers only from the                    operations of the Bank Secrecy Act. As
                                                for all seats and head restraints, and                  duties found in sections 30118 and                    chair of the BSAAG, the Director of
                                                demonstrates that the subject head                      30120, respectively, to notify owners,                FinCEN is responsible for ensuring that
                                                restraints provide occupants with the                   purchasers, and dealers of a defect or                relevant issues are placed before the
                                                intended level of safety.                               noncompliance and to remedy the                       BSAAG for review, analysis, and
                                                   3. Exemplar measurements                             defect or noncompliance. Therefore, any               discussion.
                                                demonstrate that the subject head                                                                                FinCEN invites BSAAG membership
                                                                                                        decision on this petition only applies to
                                                restraints provide required width                                                                             nominations for financial institutions,
                                                                                                        the subject vehicles that Ford no longer
                                                protection and intended level of safety                                                                       trade groups, and non-federal regulatory
                                                                                                        controlled at the time it determined that
                                                for all occupants:                                                                                            and law enforcement agencies. New
                                                                                                        the noncompliance existed. However,
                                                   a. Ford evaluated head restraint width                                                                     members will be selected to serve a
                                                                                                        any decision on this petition does not
                                                protection for occupants using a                                                                              three-year term and must designate one
                                                                                                        relieve vehicle distributors and dealers
                                                SAEJ826 package manikin. The                                                                                  individual to represent that member at
                                                                                                        of the prohibitions on the sale, offer for
                                                measured width of the head restraint at                                                                       plenary meetings. The designated
                                                                                                        sale, or introduction or delivery for
                                                the initial point of contact between the                                                                      representative should be knowledgeable
                                                                                                        introduction into interstate commerce of
                                                head restraint and the head of the                                                                            about Bank Secrecy Act requirements
                                                                                                        the noncompliant vehicles under their
                                                manikin is 257 mm. The height at this                                                                         and must be able and willing to make
                                                                                                        control after Ford notified them that the
                                                location is 636 mm above the seating                                                                          the necessary time commitment to
                                                                                                        subject noncompliance existed.
                                                reference point (SgRP).                                                                                       participate on committees throughout
                                                   b. Based on a survey of 15 trucks the                  Authority: 49 U.S.C. 30118, 30120:                  the year by phone and attend biannual
                                                                                                        delegations of authority at 49 CFR 1.95 and           plenary meetings held in Washington,
                                                highest point on the head restraint that                501.8.
                                                meets the 254 mm width requirement                                                                            DC, in May and October.
                                                ranged from 674 mm to 721 mm above                      Jeffrey M. Giuseppe,                                     It is important to provide complete
                                                the SgRP with the head restraint in the                 Director, Office of Vehicle Safety Compliance.        answers to the following items, as
                                                full down position. Ford provides the                   [FR Doc. 2016–31405 Filed 12–27–16; 8:45 am]
                                                                                                                                                              nominations will be evaluated on the
                                                required width across a wide section of                 BILLING CODE 4910–59–P
                                                                                                                                                              information provided through this
                                                the head restraint. Adjusting the head                                                                        process. There is no formal application;
                                                restraint up (up to 50 mm of vertical                                                                         interested organizations may submit
                                                adjustment is available) further                                                                              their nominations via email or email
                                                                                                        DEPARTMENT OF THE TREASURY
                                                increases the range at which Ford                                                                             attachment. Nominations should consist
                                                provides the required width. This range                 Financial Crimes Enforcement                          of:
                                                of coverage includes occupants as tall                  Network; Bank Secrecy Act Advisory                       • Name of the organization requesting
                                                and taller than the 95th percentile                     Group; Solicitation of Application for                membership
                                                American male.                                          Membership                                               • Point of contact, title, address,
                                                   c. Conclusion: The subject trucks                                                                          email address and phone number
                                                provide the required width and                          AGENCY: Financial Crimes Enforcement                     • Description of the financial
                                                intended level of safety for all occupants              Network (‘‘FinCEN’’), Treasury.                       institution or trade group and its
                                                including, and taller than, the 95th                    ACTION: Notice and request for                        involvement with the Bank Secrecy Act,
                                                percentile American male.                               nominations.                                          31 CFR 1000–1099 et seq.
                                                   4. Vehicle performance testing                                                                                • Reasons why the organization’s
                                                                                                        SUMMARY:   FinCEN is inviting                         participation on the BSAAG will bring
                                                demonstrates head restraints provide
                                                                                                        nominations from the public for                       value to the group
                                                intended level of safety:
                                                   a. Another alternative method for                    membership on the Bank Secrecy Act                       Organizations may nominate
sradovich on DSK3GMQ082PROD with NOTICES




                                                evaluating seat performance is testing.                 Advisory Group. New members will be                   themselves, but nominations for
                                                The Ford F–150 meets or exceeds all                     selected for three-year membership                    individuals who are not representing an
                                                other FMVSS No. 202a requirements                       terms.                                                organization will not be considered.
                                                and was rated ‘‘Good’’ by the Insurance                 DATES: Nominations must be received                   Members will not be remunerated for
                                                Institute for Highway Safety based on                   by January 27, 2017.                                  their time, services, or travel. In making
                                                dynamic whiplash testing. Based on                      ADDRESSES: Nominations must be                        the selections, FinCEN will seek to
                                                testing, Ford believes that its head                    emailed to BSAAG@fincen.gov.                          complement current BSAAG members


                                           VerDate Sep<11>2014   18:54 Dec 27, 2016   Jkt 241001   PO 00000   Frm 00179   Fmt 4703   Sfmt 4703   E:\FR\FM\28DEN1.SGM   28DEN1



Document Created: 2016-12-28 02:16:42
Document Modified: 2016-12-28 02:16:42
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
ActionReceipt of petition.
DatesThe closing date for comments on the petition is January 27, 2017.
FR Citation81 FR 95731 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR