82_FR_17576 82 FR 17508 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2010 Chevrolet Camaro Passenger Cars (PC) Are Eligible for Importation

82 FR 17508 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2010 Chevrolet Camaro Passenger Cars (PC) Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 68 (April 11, 2017)

Page Range17508-17510
FR Document2017-07162

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that model year (MY) 2010 Chevrolet Camaro Passenger Cars (PC) 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 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 2010 Chevrolet Camaro PC) and they are capable of being readily altered to conform to the standards.

Federal Register, Volume 82 Issue 68 (Tuesday, April 11, 2017)
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Notices]
[Pages 17508-17510]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07162]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0023; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 2010 Chevrolet Camaro Passenger Cars (PC) Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (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 
model year (MY) 2010 Chevrolet Camaro Passenger Cars (PC) 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 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 2010 Chevrolet Camaro PC) 
and they are capable of being readily altered to conform to the 
standards.

DATES: The closing date for comments on the petition is May 11, 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 be 
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.

[[Page 17509]]

    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).

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, Inc. (WETL), Inc. of 
Houston, Texas (Registered Importer R-90-005) has petitioned NHTSA to 
decide whether nonconforming 2010 Chevrolet Camaro PC's are eligible 
for importation into the United States. The vehicles which WETL 
believes are substantially similar are MY 2010 Chevrolet Camaro PC's 
sold 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 MY 2010 
Chevrolet Camaro PC's 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 MY 2010 Chevrolet Camaro PC's, as 
originally manufactured, conform to many applicable 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 the non U.S.-certified MY 2010 Chevrolet Camaro 
PC's, as originally manufactured, conform to: 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, 108 Lamps, 
Reflective Devices and Associated Equipment, 111 Rear Visibility, 113 
Hood Latch System, 114 Theft Protection and Rollaway Prevention, 116 
Motor Vehicle Brake Fluids, 118 Power-Operated Window, Partition, and 
Roof Panel System, 124 Accelerator Control Systems, 126 Electronic 
Stability Control Systems, 135 Light Vehicle Brake Systems, 201 
Occupant Protection in Interior Impact, 202a Head Restraints,203 Impact 
Protection from Steering Control System, 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, 301 Fuel System Integrity, 302 
Flammability of Interior Materials.
    The petitioner also contends that the subject non-U.S certified 
vehicles are capable of being readily altered to meet the following 
standards, in the manner indicated:
    Standard No. 101 Controls and Displays: Replacement of the original 
instrument cluster with the U.S. model component and reprogramming the 
associated software as described in the petition.
    Standard No. 110 Tire Selection and Rims: installation of the 
required tire information placard.
    Standard No. 138 Tire Pressure Monitoring Systems: Installation of 
a tire pressure monitoring system identical to, and with the same part 
number as the system installed in the U.S. Certified vehicle.
    Standard No. 208 Occupant Crash Protection: All programs in this 
system are based on the USA SA program codes and all hardware parts 
bear the USA part numbers. In addition, documentation required as part 
of an Owner's manual or supplemental documentation must be provided by 
the Registered Importer.
    The petitioner additionally states that a vehicle identification 
plate must be affixed to the vehicle near the left windshield pillar to 
meet the requirements of 49 CFR part 565.
    Because the subject petition covers nonconforming vehicles that 
have been manufactured on or after September 1, 2006, compliance with 
the advanced air bag requirements of FMVSS No. 208 is of significant 
concern to the agency. NHTSA is therefore particularly interested in 
comments regarding the ability of a Registered Importer to readily 
alter the subject vehicles to fully meet the driver and front outboard 
passenger frontal crash protection and child passenger protection 
requirements of FMVSS No. 208. The following is a partial listing of 
the components that may be affected:

a. Driver's frontal air bag module
b. Passenger frontal air bag module
c. Passenger frontal air bag cover
d. Knee air bags
e. Knee bolsters
f. Passenger outboard frontal seat belt system
g. Driver and front outboard seat assemblies including seat tracks and 
internal seat components

[[Page 17510]]

h. Steering wheel components, including the clock spring assembly, the 
steering column, and all connecting components
i. Instrument panel
j. Instrument panel support structure (i.e. cross beam)
k. Occupant sensing and classification systems, including sensors and 
processors
l. Restraint control modules
m. Passenger air bag status indicator light system, including related 
display components and wiring
n. Wiring harnesses between the restraint control module, occupant 
classification system and restraint system components
o. Control system computer software and firmware.

    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 M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-07162 Filed 4-10-17; 8:45 am]
BILLING CODE 4910-59-P



                                                17508                          Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices

                                                background shall be of contrasting colors,                 1. Engine is running;                              DEPARTMENT OF TRANSPORTATION
                                                one of which is red. Words or symbols in                   2. Driver’s door is closed;
                                                addition to those required by Standard No.                 3. Driver’s seat belt is fastened.                 National Highway Traffic Safety
                                                101 and this section may be provided for                   If one of these prerequisites is not fulfilled,    Administration
                                                purposes of clarity.                                    the electric parking brake is not
                                                   (b) Vehicles manufactured with a split                                                                     [Docket No. NHTSA–2015–0023; Notice 1]
                                                                                                        automatically released when the operator
                                                service brake system may use a common
                                                brake warning indicator to indicate two or              attempts to drive off. A message appears on           Notice of Receipt of Petition for
                                                more of the functions described in S5.5.1(a)            the multifunction display, and the red light          Decision That Nonconforming Model
                                                through S5.5.1(g). If a common indicator is             indicator in the button as well as the ISO
                                                                                                                                                              Year 2010 Chevrolet Camaro
                                                used, it shall display the word ‘‘Brake .’’. . .        symbol for the brake will flash.
                                                                                                                                                              Passenger Cars (PC) Are Eligible for
                                                   (d) If separate indicators are used for one             (e) In all cases the ISO symbols for the
                                                or more of the conditions described in
                                                                                                                                                              Importation
                                                                                                        brake and ABS telltale illuminate and remain
                                                S5.5.1(a) through S5.5.1(g), the indicators             illuminated in accordance with the                    AGENCY:  National Highway Traffic
                                                shall display the following wording: . . .              requirements of FMVSS No. 135.                        Safety Administration (NHTSA),
                                                   (3) If a separate indicator is provided for             (f) Porsche is unaware of any field or
                                                the condition specified in S5.5.1(b), the
                                                                                                                                                              Department of Transportation (DOT).
                                                                                                        owner complaints regarding the issue of non-          ACTION: Receipt of petition.
                                                letters and background shall be of contrasting
                                                colors, one of which is yellow. The indicator           compliant telltales.
                                                shall be labeled with the words ‘‘Antilock’’                                                                  SUMMARY:   This document announces
                                                or ‘‘Anti-lock’’ or ‘‘ABS’’; or ‘‘Brake                    PCNA concluded by expressing the                   receipt by the National Highway Traffic
                                                Proportioning,’’ in accordance with Table 2             belief that the subject noncompliance is              Safety Administration (NHTSA) of a
                                                of Standard No. 101 . . .                               inconsequential as it relates to motor                petition for a decision that model year
                                                  V. Summary of PCNA’s Petition:                        vehicle safety, and that its petition to be           (MY) 2010 Chevrolet Camaro Passenger
                                                PCNA described the subject                              exempted from providing notification of               Cars (PC) that were not originally
                                                noncompliance and stated its belief that                the noncompliance, as required by 49                  manufactured to comply with all
                                                the noncompliance is inconsequential                    U.S.C. 30118, and a remedy for the                    applicable Federal motor vehicle safety
                                                as it relates to motor vehicle safety.                  noncompliance, as required by 49                      standards (FMVSS), are eligible for
                                                  In support of its petition, PCNA                      U.S.C. 30120, should be granted.                      importation into the United States
                                                submitted the following reasoning:                         NHTSA notes that the statutory                     because they are substantially similar to
                                                   (a) The Owner’s Manual for the subject               provisions (49 U.S.C. 30118(d) and                    vehicles that were originally
                                                vehicles is written for multiple markets and            30120(h)) that permit manufacturers to                manufactured for sale in the United
                                                depicts both the ‘‘BRAKE’’ and ISO symbols              file petitions for a determination of                 States and that were certified by their
                                                telltales for brake warning, as well as the                                                                   manufacturer as complying with the
                                                                                                        inconsequentiality allow NHTSA to
                                                ‘‘ABS’’ and ISO symbol telltales for ABS                                                                      safety standards (the U.S.-certified
                                                lamp.                                                   exempt manufacturers only from the
                                                                                                                                                              version of the 2010 Chevrolet Camaro
                                                   (b) The ISO symbol for ABS lamp also                 duties found in sections 30118 and
                                                                                                                                                              PC) and they are capable of being
                                                contains the word ‘‘ABS’’, which is                     30120, respectively, to notify owners,                readily altered to conform to the
                                                additionally embedded in a circle with two              purchasers, and dealers of a defect or
                                                vertical lines. In case of an illumination of                                                                 standards.
                                                                                                        noncompliance and to remedy the
                                                the ISO symbol, the malfunction display,                                                                      DATES:  The closing date for comments
                                                located in the instrument cluster, will
                                                                                                        defect or noncompliance. Therefore, any
                                                                                                        decision on this petition only applies to             on the petition is May 11, 2017.
                                                display an additional warning message that
                                                states ‘‘ABS/PSM failure. Drive with caution’’          the subject vehicles that PCNA no                     ADDRESSES: Interested persons are
                                                and an initial warning chime will sound.                longer controlled at the time it                      invited to submit written data, views,
                                                Porsche believes that in the event the ISO              determined that the noncompliance                     and arguments on this petition.
                                                ABS telltale is displayed, the driver would             existed. However, any decision on this                Comments must refer to the docket and
                                                recognize a possible ABS malfunction.                                                                         notice number cited in the title of this
                                                   (c) In the event the brake fluid level in the
                                                                                                        petition does not relieve vehicle
                                                                                                        distributors and dealers of the                       notice and be submitted by any of the
                                                master cylinder reservoir is less than the                                                                    following methods:
                                                recommended safe level, the ISO symbol will             prohibitions on the sale, offer for sale,
                                                                                                                                                                • Mail: Send comments by mail
                                                illuminate, and the multifunction display               or introduction or delivery for
                                                will display a warning message that states                                                                    addressed to U.S. Department of
                                                                                                        introduction into interstate commerce of
                                                ‘‘Brake fluid level. Park vehicle safely’’ and                                                                Transportation, Docket Operations, M–
                                                                                                        the noncompliant vehicles under their                 30, West Building Ground Floor, Room
                                                an initial warning chime will sound. The
                                                message will stay continuously displayed,
                                                                                                        control after PCNA notified them that                 W12–140, 1200 New Jersey Avenue SE.,
                                                provided there are no other serious                     the subject noncompliance existed.                    Washington, DC 20590.
                                                message(s), which would result in the                     Authority: (49 U.S.C. 30118, 30120:                   • Hand Delivery: Deliver comments
                                                messages being displayed in an alternating              delegations of authority at 49 CFR 1.95 and           by hand to U.S. Department of
                                                manner. If the brake fluid is still low on              501.8)                                                Transportation, Docket Operations, M–
                                                subsequent ignition key cycles the message
                                                will be redisplayed in the message center.                                                                    30, West Building Ground Floor, Room
                                                                                                        Jeffrey M. Giuseppe,
                                                   (d) The parking brake in the subject                                                                       W12–140, 1200 New Jersey Avenue SE.,
                                                                                                        Director, Office of Vehicle Safety Compliance.        Washington, DC 20590. The Docket
                                                vehicles are set by pushing a button labelled
                                                ‘‘P’’, which is located on the left hand side           [FR Doc. 2017–07165 Filed 4–10–17; 8:45 am]           Section is open on weekdays from 10
                                                of the steering wheel. Once the parking brake           BILLING CODE 4910–59–P                                a.m. to 5 p.m. except Federal Holidays.
                                                is set, a red light indicator located in the                                                                    • Electronically: Submit comments
srobinson on DSK5SPTVN1PROD with NOTICES




                                                button will illuminate. Thus the application                                                                  electronically by logging onto the
                                                of the parking brake is in full view of the                                                                   Federal Docket Management System
                                                operator. When the parking brake is engaged
                                                it illuminates the ISO symbol and should the                                                                  (FDMS) Web site at https://
                                                operator proceed with the parking brake                                                                       www.regulations.gov/. Follow the online
                                                engaged, the parking brake releases                                                                           instructions for submitting comments.
                                                automatically if the following prerequisites                                                                    • Comments may also be faxed to
                                                are fulfilled:                                                                                                (202) 493–2251.


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                                                                               Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices                                             17509

                                                   Comments must be written in the                      importers who have registered with                     Seat Belt Assemblies, 210 Seat Belt
                                                English language, and be no greater than                NHTSA pursuant to 49 CFR part 592. As                  Assembly Anchorages, 212 Windshield
                                                15 pages in length, although there is no                specified in 49 CFR 593.7, NHTSA                       Mounting, 214 Side Impact Protection,
                                                limit to the length of necessary                        publishes notice in the Federal Register               216 Roof Crush Resistance, 219
                                                attachments to the comments. If                         of each petition that it receives, and                 Windshield Zone Intrusion, 225 Child
                                                comments are submitted in hard copy                     affords interested persons an                          Restraint Anchorage Systems, 301 Fuel
                                                form, please ensure that two copies are                 opportunity to comment on the petition.                System Integrity, 302 Flammability of
                                                provided. If you wish to receive                        At the close of the comment period,                    Interior Materials.
                                                confirmation that comments you have                     NHTSA decides, on the basis of the                        The petitioner also contends that the
                                                submitted by mail were received, please                 petition and any comments that it has                  subject non-U.S certified vehicles are
                                                enclose a stamped, self-addressed                       received, whether the vehicle is eligible              capable of being readily altered to meet
                                                postcard with the comments. Note that                   for importation. The agency then                       the following standards, in the manner
                                                all comments received will be posted                    publishes this decision in the Federal                 indicated:
                                                without change to https://                              Register.                                                 Standard No. 101 Controls and
                                                www.regulations.gov, including any                         Wallace Environmental Testing                       Displays: Replacement of the original
                                                personal information provided.                          Laboratories, Inc. (WETL), Inc. of                     instrument cluster with the U.S. model
                                                   All comments and supporting                          Houston, Texas (Registered Importer                    component and reprogramming the
                                                materials received before the close of                  R–90–005) has petitioned NHTSA to                      associated software as described in the
                                                business on the closing date indicated                  decide whether nonconforming 2010                      petition.
                                                above will be filed in the docket and                   Chevrolet Camaro PC’s are eligible for                    Standard No. 110 Tire Selection and
                                                will be considered. All comments and                    importation into the United States. The                Rims: installation of the required tire
                                                supporting materials received after the                 vehicles which WETL believes are                       information placard.
                                                closing date will also be filed and will                substantially similar are MY 2010                         Standard No. 138 Tire Pressure
                                                be considered to the fullest extent                     Chevrolet Camaro PC’s sold in the                      Monitoring Systems: Installation of a tire
                                                possible.                                               United States and certified by their                   pressure monitoring system identical to,
                                                   When the petition is granted or                      manufacturer as conforming to all                      and with the same part number as the
                                                denied, notice of the decision will also                applicable FMVSS.                                      system installed in the U.S. Certified
                                                be published in the Federal Register                       The petitioner claims that it compared              vehicle.
                                                pursuant to the authority indicated at                  non-U.S. certified MY 2010 Chevrolet                      Standard No. 208 Occupant Crash
                                                the end of this notice.                                 Camaro PC’s to their U.S.-certified                    Protection: All programs in this system
                                                   All comments, background                             counterparts, and found the vehicles to                are based on the USA SA program codes
                                                documentation, and supporting                           be substantially similar with respect to               and all hardware parts bear the USA
                                                materials submitted to the docket may                   compliance with most FMVSS.
                                                                                                                                                               part numbers. In addition,
                                                                                                           WETL submitted information with its
                                                be viewed by anyone at the address and                                                                         documentation required as part of an
                                                                                                        petition intended to demonstrate that
                                                times given above. The documents may                                                                           Owner’s manual or supplemental
                                                                                                        non-U.S. certified MY 2010 Chevrolet
                                                also be viewed on the Internet at https://                                                                     documentation must be provided by the
                                                                                                        Camaro PC’s, as originally
                                                www.regulations.gov by following the                                                                           Registered Importer.
                                                                                                        manufactured, conform to many
                                                online instructions for accessing the                                                                             The petitioner additionally states that
                                                                                                        applicable FMVSS in the same manner
                                                dockets. The docket ID number for this                                                                         a vehicle identification plate must be
                                                                                                        as their U.S.-certified counterparts, or
                                                petition is shown in the heading of this                are capable of being readily altered to                affixed to the vehicle near the left
                                                notice.                                                 conform to those standards.                            windshield pillar to meet the
                                                   DOT’s complete Privacy Act                           Specifically, the petitioner claims that               requirements of 49 CFR part 565.
                                                Statement is available for review in a                  the non U.S.-certified MY 2010                            Because the subject petition covers
                                                Federal Register notice published on                    Chevrolet Camaro PC’s, as originally                   nonconforming vehicles that have been
                                                April 11, 2000, (65 FR 19477–78).                       manufactured, conform to: Standard                     manufactured on or after September 1,
                                                FOR FURTHER INFORMATION CONTACT:                        Nos. 102 Transmission Shift Lever                      2006, compliance with the advanced air
                                                George Stevens, Office of Vehicle Safety                Sequence, Starter Interlock, and                       bag requirements of FMVSS No. 208 is
                                                Compliance, NHTSA (202–366–5308).                       Transmission Braking Effect, 103                       of significant concern to the agency.
                                                SUPPLEMENTARY INFORMATION:                              Windshield Defrosting and Defogging                    NHTSA is therefore particularly
                                                                                                        Systems, 104 Windshield Wiping and                     interested in comments regarding the
                                                Background                                                                                                     ability of a Registered Importer to
                                                                                                        Washing Systems, 106 Brake Hoses, 108
                                                  Under 49 U.S.C. 30141(a)(1)(A), a                     Lamps, Reflective Devices and                          readily alter the subject vehicles to fully
                                                motor vehicle that was not originally                   Associated Equipment, 111 Rear                         meet the driver and front outboard
                                                manufactured to conform to all                          Visibility, 113 Hood Latch System, 114                 passenger frontal crash protection and
                                                applicable FMVSS shall be refused                       Theft Protection and Rollaway                          child passenger protection requirements
                                                admission into the United States unless                 Prevention, 116 Motor Vehicle Brake                    of FMVSS No. 208. The following is a
                                                NHTSA has decided that the motor                        Fluids, 118 Power-Operated Window,                     partial listing of the components that
                                                vehicle is substantially similar to a                   Partition, and Roof Panel System, 124                  may be affected:
                                                motor vehicle originally manufactured                   Accelerator Control Systems, 126                       a. Driver’s frontal air bag module
                                                for importation into and sale in the                    Electronic Stability Control Systems,                  b. Passenger frontal air bag module
                                                United States, certified under 49 U.S.C.                135 Light Vehicle Brake Systems, 201                   c. Passenger frontal air bag cover
srobinson on DSK5SPTVN1PROD with NOTICES




                                                30115, and of the same model year as                    Occupant Protection in Interior Impact,                d. Knee air bags
                                                the model of the motor vehicle to be                    202a Head Restraints,203 Impact                        e. Knee bolsters
                                                compared, and is capable of being                       Protection from Steering Control                       f. Passenger outboard frontal seat belt
                                                readily altered to conform to all                       System, 204 Steering Control Rearward                       system
                                                applicable FMVSS.                                       Displacement, 205 Glazing Materials,                   g. Driver and front outboard seat
                                                  Petitions for eligibility decisions may               206 Door Locks and Door Retention                           assemblies including seat tracks
                                                be submitted by either manufacturers or                 Components, 207 Seating Systems, 209                        and internal seat components


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                                                17510                          Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices

                                                h. Steering wheel components,                           ADDRESSES:   For further information on                  (b) Tires manufactured on or after
                                                      including the clock spring                        this decision contact Abraham Diaz,                   September 1, 2009. Each tire must be labeled
                                                      assembly, the steering column, and                Office of Vehicle Safety Compliance, the              with the tire identification number required
                                                      all connecting components                         National Highway Traffic Safety                       by 49 CFR part 574 on the intended outboard
                                                i. Instrument panel                                                                                           sidewall of the tire. Except for retreaded tires,
                                                                                                        Administration (NHTSA), telephone                     either the tire identification number or a
                                                j. Instrument panel support structure                   (202) 366–5310, facsimile (202) 366–                  partial tire identification number, containing
                                                      (i.e. cross beam)                                 5930.                                                 all characters in the tire identification
                                                k. Occupant sensing and classification                                                                        number, except for the date code and, at the
                                                      systems, including sensors and                    SUPPLEMENTARY INFORMATION:
                                                                                                           I. Overview: Cooper Tire & Rubber                  discretion of the manufacturer, any optional
                                                      processors                                                                                              code, must be labeled on the other sidewall
                                                l. Restraint control modules                            Company (Cooper), has determined that
                                                                                                                                                              of the tire. Except for retreaded tires, if a tire
                                                m. Passenger air bag status indicator                   certain MULTI–MILE Grand Tour LS                      does not have an intended outboard sidewall,
                                                      light system, including related                   passenger vehicle tires do not fully                  the tire must be labeled with the tire
                                                      display components and wiring                     comply with paragraph S5.5.1(b) of                    identification number required by 49 CFR
                                                n. Wiring harnesses between the                         Federal Motor Vehicle Safety Standard                 part 574 on one sidewall and with either the
                                                      restraint control module, occupant                (FMVSS) No. 139, New Pneumatic Tires                  tire identification number or a partial tire
                                                      classification system and restraint               Radial Tires for Light Vehicles. Cooper               identification number, containing all
                                                      system components                                 filed a defect report dated May 24, 2016,             characters in the tire identification number
                                                o. Control system computer software                     pursuant to 49 CFR part 573, Defect and               except for the date code and, at the discretion
                                                                                                        Noncompliance Responsibility and                      of the manufacturer, any optional code, on
                                                      and firmware.
                                                                                                                                                              the other side wall.
                                                    All comments received before the                    Reports.
                                                close of business on the closing date                      Cooper petitioned NHTSA on June 8,                    V. Summary of Cooper’s Petition:
                                                indicated above will be considered, and                 2016, pursuant to 49 U.S.C. 30118(d)                  Cooper states its belief that the subject
                                                will be available for examination in the                and 30120(h) and 49 CFR part 556, for                 noncompliance is inconsequential to
                                                docket at the above addresses both                      an exemption from the notification and                motor vehicle safety on account of the
                                                before and after that date. To the extent               remedy requirements of 49 U.S.C.                      fact that while the subject tires contain
                                                possible, comments filed after the                      Chapter 301 on the basis that this                    an incorrect manufacturer’s
                                                closing date will also be considered.                   noncompliance is inconsequential as it                identification mark on the outboard
                                                Notice of final action on the petition                  relates to motor vehicle safety.                      sidewall, the full and correct tire code
                                                will be published in the Federal                           Notice of receipt of the petition was              (including the correct manufacturer’s
                                                Register pursuant to the authority                      published, with a 30-day public                       identification mark) is available on the
                                                indicated below.                                        comment period, on August 3, 2016 in                  intended inboard sidewall.
                                                   Authority: 49 U.S.C. 30141(a)(1)(A),
                                                                                                        the Federal Register (81 FR 51269). No                   Cooper also indicated that it has taken
                                                (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation         comments were received. To view the                   the following steps to ensure proper
                                                of authority at 49 CFR 1.95 and 501.8.                  petition and all supporting documents                 registration of the subject tires:
                                                                                                        log onto the Federal Docket                              (a) Cooper has informed all internal
                                                Jeffrey M. Giuseppe,                                    Management System (FDMS) Web site                     personnel responsible for manual
                                                Director, Office of Vehicle Safety Compliance.          at: http://www.regulations.gov/. Then                 processing of tire registration cards
                                                [FR Doc. 2017–07162 Filed 4–10–17; 8:45 am]             follow the online search instructions to              about the incorrect manufacturer
                                                BILLING CODE 4910–59–P                                  locate docket number ‘‘NHTSA–2016–                    identification issue so that cards
                                                                                                        0071.’’                                               containing the ‘‘Y9’’ designation will be
                                                                                                           II. Tires Involved: Affected are                   accepted and properly processed when
                                                DEPARTMENT OF TRANSPORTATION                            approximately 37 Cooper Tire MULTI–                   all other information accurately
                                                                                                        MILE Grand Tour LS Size 205/70R15                     identifies the subject tires. Additionally,
                                                National Highway Traffic Safety
                                                                                                        Tubeless Radial Tires manufactured                    consistent with its usual practices,
                                                Administration
                                                                                                        between March 24, 2016 and March 29,                  whenever a tire registration card is
                                                [Docket No. NHTSA–2016–0071; Notice 2]                  2016.                                                 submitted with inaccurate or
                                                                                                           III. Noncompliance: Cooper explains                incomplete information, Cooper sends a
                                                Cooper Tire & Rubber Company, Grant                     that the noncompliance is that the                    mailing to the consumer seeking
                                                of Petition for Decision of                             outboard sidewalls of the subject tires               additional information by providing a
                                                Inconsequential Noncompliance                           are labeled with an incorrect                         prepaid response card.
                                                AGENCY: National Highway Traffic                        manufacturer’s identification mark and                   (b) Cooper has also modified its
                                                Safety Administration (NHTSA),                          therefore do not fully meet all                       database to accept ‘‘Y9’’ when other
                                                Department of Transportation (DOT).                     applicable requirements of paragraph                  information (brand, serial weeks
                                                ACTION: Grant of petition.
                                                                                                        S5.5.1(b) of FMVSS No. 139.                           affected etc.) is accurate.
                                                                                                        Specifically, the tires are labeled with                 (c) Cooper has contacted
                                                SUMMARY:   Cooper Tire & Rubber                         the manufacturer’s identification mark                Computerized Information and
                                                Company (Cooper), has determined that                   ‘‘Y9,’’ assigned to a manufacturing                   Management Services, Inc. (CIMS), a
                                                certain MULTI–MILE Grand Tour LS                        facility in P.T. Gadjah Tunggual,                     third-party vendor that collects and
                                                passenger vehicle tires do not fully                    Kabupaten Tangerang, Jawa Barat,                      provides tire registration cards to
                                                comply with Federal Motor Vehicle                       Indonesia, instead of ‘‘U9,’’ assigned to             Cooper, so that tire registration cards
                                                Safety Standard (FMVSS) No. 139, New                    Cooper’s manufacturing facility in                    will not be rejected solely due to
srobinson on DSK5SPTVN1PROD with NOTICES




                                                Pneumatic Tires Radial Tires for Light                  Tupelo, Mississippi, where the tires                  improper plant code information.
                                                Vehicles. Cooper filed a defect report                  were actually produced.                                  Cooper also noted that while the
                                                dated May 24, 2016. Cooper also                            IV. Rule Text: Paragraph S5.5.1 of                 subject tires are mislabeled only with
                                                petitioned NHTSA on June 8, 2016, for                   FMVSS No. 139 requires in pertinent                   the plant code on the outboard side,
                                                a decision that the subject                             part:                                                 they meet all other performance
                                                noncompliance is inconsequential as it                      S5.5.1 Tire Identification Number.                requirements of the applicable standard.
                                                relates to motor vehicle safety.                        *       *     *       *      *                        The company observed that plant code


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Document Created: 2017-04-11 00:48:39
Document Modified: 2017-04-11 00:48:39
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 May 11, 2017.
ContactGeorge Stevens, Office of Vehicle Safety Compliance, NHTSA (202-366-5308).
FR Citation82 FR 17508 

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