82 FR 28737 - Nissan North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 120 (June 23, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 120 (June 23, 2017)
| Page Range | 28737-28739 | |
| FR Document | 2017-13084 |
[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)] [Notices] [Pages 28737-28739] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13084] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2017-0041; Notice 1] Nissan North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. ----------------------------------------------------------------------- SUMMARY: Nissan North America, Inc. (Nissan), has determined that certain model year (MY) 2016-2017 Nissan Titan Crew Cab motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 201, Occupant Protection in Interior Impact. Nissan filed a noncompliance report dated April 24, 2017. Nissan also petitioned NHTSA on May 16, 2017, 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 July 24, 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: Nissan North America, Inc. (Nissan), has determined that certain model year (MY) 2016-2017 Nissan Titan Crew Cab motor vehicles [[Page 28738]] do not fully comply with paragraphs S7 and S10.4(b)(2) of FMVSS No. 201, Occupant Protection in Interior Impact. Nissan filed a noncompliance report dated April 24, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Nissan also petitioned NHTSA on May 16, 2017, 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 Nissan'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 44,264 MY 2016-2017 Nissan Titan Crew Cab motor vehicles, manufactured between August 7, 2015, and February 24, 2017, are potentially involved. III. Noncompliance: During an FMVSS No. 201 test performed by NHTSA and conducted at MGA Research Corporation (MGA) on January 12, 2017, the 2017 Nissan Titan Crew Cab NHTSA test vehicle, failed the HIC(d) value test and therefore did not meet the requirements of paragraphs S7 and S10.4(b)(2) of FMVSS No. 201. Specifically, NHTSA's test vehicle had a HIC(d) value of 1,007.9, exceeding the value permitted by the standard, which states that it should not exceed 1,000. IV. Rule Text: Paragraph S7 of FMVSS No. 201 states in pertinent part: S7 Performance Criterion. The HIC(d) shall not exceed 1000 when calculated in accordance with the following formula: [GRAPHIC] [TIFF OMITTED] TN23JN17.000 Where the term a is the resultant head acceleration expressed as a multiple of g (the acceleration of gravity), and t1 and t2 are any two points in time during the impact which are separated by not more than a 36 millisecond time interval. . . Paragraphs S10.4(b)(2) of FMVSS No. 201 states in pertinent part: S10.4 Rearmost pillar targets. (b) Target RP2. . . (2) If a seat belt anchorage is located on the pillar, Target RP2 is any point on the anchorage. . . V. Summary of Nissan's Petition: Nissan 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, Nissan submitted the following reasoning: 1. In the subject vehicles, the HIC(d) value deviation for target RP2 observed in the MGA test is inconsequential because it is impossible for an occupant's head to strike this target at the same angle as the MGA test. (a) When attempting to replicate the MGA test condition with an AM50 Hybrid III dummy (AM50 ATD), the AM50 ATD's head cannot contact the RP2 compliance test impact point when the rear seat is in the design position. It is not possible for the AM50 ATD to contact the RP2 target in the same head form orientation as used in the FMVSS No. 201U compliance test. This lack of contact is caused by interference between the AM50 and the seat back of the second row seats. Due to this interference, the AM50 ATD's head is 330 mm forward of the RP2 target. (b) When attempting to replicate the MGA test condition with an AM50 Hybrid III dummy (AM50 ATD), the AM50 ATD's head cannot contact the RP2 compliance test impact point when the rear seat is in the folded position. It is not possible for the AM50 ATD to contact the RP2 target in the same head form orientation as used in the FMVSS No. 201U compliance test. This lack of contact is caused by interference between the AM50 ATD and the back-panel trim. Due to this interference, the AM50 ATD's head is 190 mm forward of the RP2 target. 2. As previously demonstrated in section 1, it is not possible for the AM50 ATD to contact the D-Ring anchor cap in the same head form orientation as used in the MGA test. It was then attempted to replicate any possible real world contact of the AM50 Hybrid III dummy's head (AM50 ATD) and the rear pillar d-ring anchor cap. A small range exists where it is possible for the head of the AM50 ATD to contact the rear seat belt d-ring anchor cap albeit in a manner different than the compliance test. This range is bounded on one end by the AM50 contact with either the rear seat when in the design position or the rear trim when the seat is in the folded position. (a) Interference between the AM50 ATD and the back of the front seat limits the horizontal approach angle to thirty-four degrees (34[deg]). A test conducted in support of this petition with a horizontal approach angle of 34[ordm] and a vertical approach angle of 0[ordm] at a velocity of 24.5 kph resulted in a HIC(d) value of 646.2. (b) With the rear seat in the folded position, in order for the AM50 ATD's head to contact the RP2 target, a horizontal approach angle of seventy-one degrees (71[ordm]) would be required; the resultant deceleration, and thus HIC(d) value, would be lower than 1,007.9 due to head contact with the edge of the D-ring bolt trip cap and off-axis loading of the D-Ring bolt. A test conducted in support of this petition with a horizontal approach angle of 71[ordm] and vertical approach angle of 0[ordm] at a velocity of 24.6 kph resulted in a HIC(d) value of 891.7. (c) With the rear seat in the design position, in order for the AM50 ATD's head to contact the RP2 target a horizontal approach angle of sixty-five degrees (65[ordm]) would be required, with the resultant HIC(d) similar to the above, and well below the regulatory threshold. 3. In addition to the above, Nissan is aware of four crash tests that demonstrate the test dummy's head does not contact the RP2 target during the crash event: (a) In the Insurance Institute for Highway Safety Side Impact Moving Deformable Barrier (MDB) Test conducted at a ninety-degree (90[ordm]) side impact at 50 kph the test dummy head does not contact FMVSS No. 201U S10.4(b)(2) target RP2. (b) In the New Car Assessment Program (NCAP) Side Impact Moving Deformable Barrier Test conducted at 61.9 kph, the test dummy head does not contact FMVSS No. 201U S10.4(b)(2) target RP2. (c) In a frontal impact sled test conducted as part of an internal Nissan evaluation, the test dummy's head, in a fully rearward position, does not contact the RP2 target. (d) In a second row 18 mph side impact rigid pole test conducted as part of an internal evaluation, the test dummy's head does not contact the RP2 target. Nissan 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. To view Nissan's petition analyses and any supplemental information in its entirety you can visit https://www.regulations.gov by following the online instructions for accessing the dockets and by using the docket ID number for this petition shown in the heading of this notice. 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 [[Page 28739]] 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 Nissan 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 Nissan 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. 2017-13084 Filed 6-22-17; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Notices 28737
noncompliance is inconsequential as it duties found in sections 30118 and W12–140, 1200 New Jersey Avenue SE,
relates to motor vehicle safety, and 30120, respectively, to notify owners, Washington, DC 20590.
requests that their petition to be purchasers, and dealers of a defect or • Hand Delivery: Deliver comments
exempted from providing notification of noncompliance and to remedy the by hand to U.S. Department of
the noncompliance, as required by 49 defect or noncompliance. Therefore, this Transportation, Docket Operations, M–
U.S.C. 30118, and a remedy for the decision only applies to the subject 30, West Building Ground Floor, Room
noncompliance, as required by 49 motorcycles that Spartan no longer W12–140, 1200 New Jersey Avenue SE.,
U.S.C. 30120, should be granted. controlled at the time it determined that Washington, DC 20590. The Docket
To view Spartan’s petition analyses in the noncompliance existed. However, Section is open on weekdays from 10
its entirety you can visit https:// the granting of this petition does not a.m. to 5 p.m. except Federal Holidays.
www.regulations.gov by following the relieve vehicle distributors and dealers • Electronically: Submit comments
online instructions for accessing the of the prohibitions on the sale, offer for electronically by logging onto the
dockets and by using the docket ID sale, or introduction or delivery for Federal Docket Management System
number for this petition shown in the introduction into interstate commerce of (FDMS) Web site at https://
heading of this notice. the noncompliant vehicles under their www.regulations.gov/. Follow the online
No comments were received during control after Spartan notified them that instructions for submitting comments.
the receipt notice comment period. the subject noncompliance existed. • Comments may also be faxed to
NHTSA Decision Authority: (49 U.S.C. 30118, 30120: (202) 493–2251.
delegations of authority at 49 CFR 1.95 and Comments must be written in the
NHTSA Analysis: Spartan Motors
501.8). English language, and be no greater than
USA, Inc. (Spartan) explained that as
15 pages in length, although there is no
many as 19 emergency response chassis Jeffrey M. Giuseppe, limit to the length of necessary
cabs may be equipped with rims that Director, Office of Vehicle Safety Compliance. attachments to the comments. If
were inadvertently stamped with a 24.5 [FR Doc. 2017–13083 Filed 6–22–17; 8:45 am] comments are submitted in hard copy
inch diameter x 8.25 inch width
marking instead of 22.5 inch diameter x
BILLING CODE 4910–59–P form, please ensure that two copies are
8.25 inch width marking which is the provided. If you wish to receive
actual size of the rim. Further, while the confirmation that comments you have
DEPARTMENT OF TRANSPORTATION submitted by mail were received, please
actual diameter rim stamping may be
24.5 inches, the physical size (outside enclose a stamped, self-addressed
National Highway Traffic Safety
diameter) is actually 22.5 inches. If a postcard with the comments. Note that
Administration
service provider were to reference the all comments received will be posted
stamped rim size and attempted to without change to https://
[Docket No. NHTSA–2017–0041; Notice 1]
install a tire with an inside diameter of www.regulations.gov, including any
24.5 inches, the tire inside diameter Nissan North America, Inc., Receipt of personal information provided.
would be too large for the rim diameter Petition for Decision of All comments and supporting
and the two could not be fitted together. Inconsequential Noncompliance materials received before the close of
In this case, the agency agrees that the business on the closing date indicated
AGENCY: National Highway Traffic above will be filed in the docket and
noncompliance is inconsequential to
Safety Administration (NHTSA), will be considered. All comments and
motor vehicle safety. As stated by
Department of Transportation (DOT). supporting materials received after the
Spartan, if a service provider tried to
mount a 24.5 diameter tire on a 22.5 ACTION: Receipt of petition. closing date will also be filed and will
diameter rim it would be unsuccessful. be considered to the fullest extent
SUMMARY: Nissan North America, Inc. possible.
The inability to mount the incorrect tire (Nissan), has determined that certain
on the rim precludes one’s ability to When the petition is granted or
model year (MY) 2016–2017 Nissan denied, notice of the decision will also
actually drive with an incorrect tire-rim Titan Crew Cab motor vehicles do not
combination on public roadways. be published in the Federal Register
fully comply with Federal Motor pursuant to the authority indicated at
Furthermore, FMVSS No. 120 paragraph Vehicle Safety Standard (FMVSS) No.
S5.3 requires vehicles be labeled with the end of this notice.
201, Occupant Protection in Interior All comments, background
proper tire/rim size combinations. This Impact. Nissan filed a noncompliance
additional information is available to documentation, and supporting
report dated April 24, 2017. Nissan also materials submitted to the docket may
assist the vehicle operator with tire/rim petitioned NHTSA on May 16, 2017, for
size information. be viewed by anyone at the address and
a decision that the subject times given above. The documents may
NHTSA’s Decision: In consideration
noncompliance is inconsequential as it also be viewed on the Internet at https://
of the foregoing, NHTSA has decided
relates to motor vehicle safety. www.regulations.gov by following the
that the petitioner has met its burden of
persuasion that the noncompliance at DATES: The closing date for comments online instructions for accessing the
issue is inconsequential to motor on the petition is July 24, 2017. dockets. The docket ID number for this
vehicle safety. Accordingly, Spartan’s ADDRESSES: Interested persons are petition is shown in the heading of this
petition is hereby granted, and the invited to submit written data, views, notice.
DOT’s complete Privacy Act
asabaliauskas on DSKBBXCHB2PROD with NOTICES
petitioner is exempted from the and arguments on this petition.
obligation of providing notification of, Comments must refer to the docket and Statement is available for review in a
and a remedy for, the noncompliance. notice number cited in the title of this Federal Register notice published on
NHTSA notes that the statutory notice and submitted by any of the April 11, 2000, (65 FR 19477–78).
provisions (49 U.S.C. 30118(d) and following methods: SUPPLEMENTARY INFORMATION:
30120(h)) that permit manufacturers to • Mail: Send comments by mail I. Overview: Nissan North America,
file petitions for a determination of addressed to U.S. Department of Inc. (Nissan), has determined that
inconsequentiality allow NHTSA to Transportation, Docket Operations, M– certain model year (MY) 2016–2017
exempt manufacturers only from the 30, West Building Ground Floor, Room Nissan Titan Crew Cab motor vehicles
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![Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Notices 28739
30120, respectively, to notify owners, ADDRESSES: All nominations should be that a term of service of any such
purchasers, and dealers of a defect or mailed to the Veterans Experience member may not exceed two years. The
noncompliance and to remedy the Office, Department of Veterans Affairs, Secretary may reappoint any Board
defect or noncompliance. Therefore, any 810 Vermont Avenue NW. (30), member for additional terms of service.
decision on this petition only applies to Washington, DC 20420; or sent To the extent possible, the Secretary
the subject vehicles that Nissan no electronically to the Advisory seeks members who have diverse
longer controlled at the time it Committee Management Office mailbox professional and personal qualifications
determined that the noncompliance at vaadvisorycmte@va.gov. including but not limited to subject
existed. However, any decision on this FOR FURTHER INFORMATION CONTACT: matter experts in the areas described
petition does not relieve vehicle Kellie Condon, Ph.D., Designated above. We ask that nominations include
distributors and dealers of the Federal Officer, Veterans Experience any relevant experience and information
prohibitions on the sale, offer for sale, Office, Department of Veterans Affairs, so that VA can ensure diverse Board
or introduction or delivery for 810 Vermont Avenue NW. (30), membership.
introduction into interstate commerce of Washington, DC 20420, telephone 805– Requirements for Nomination
the noncompliant vehicles under their 868–2076 or via email at Submission: Nominations should be
control after Nissan notified them that Kellie.Condon@va.gov. typed written (one nomination per
the subject noncompliance existed. SUPPLEMENTARY INFORMATION: In nominator). Nomination package should
Authority: 49 U.S.C. 30118, 30120: carrying out the duties set forth in the include:
delegations of authority at 49 CFR 1.95 and West LA Leasing Act, the Board shall:
501.8. (1) A letter of nomination that clearly
(1) Provide the community with
states the name and affiliation of the
Jeffrey M. Giuseppe, opportunities to collaborate and
nominee, the basis for the nomination
communicate by conducting public
Director, Office of Vehicle Safety Compliance. (i.e. specific attributes which qualify the
forums; and
[FR Doc. 2017–13084 Filed 6–22–17; 8:45 am] nominee for service in this capacity),
(2) Focus on local issues regarding the
BILLING CODE 4910–59–P and a statement from the nominee
Department that are identified by the
indicating a willingness to serve as a
community with respect to health care,
member of the Board;
implementation of the Master Plan, and
DEPARTMENT OF VETERANS any subsequent plans, benefits, and (2) The nominee’s contact
AFFAIRS memorial services at the Campus. information, including name, mailing
Information on the Master Plan can be address, telephone numbers, and email
Solicitation of Nominations for address;
found at https://www.losangeles.va.gov/
Appointment to the Veterans and (3) The nominee’s curriculum vitae,
masterplan/.
Community Oversight and not to exceed three pages and a one page
Engagement Board Authority: The Board is a statutory
committee established as required by Section cover letter; and
ACTION: Notice, amended. 2(i) of the West Los Angeles Leasing Act of (4) A summary of the nominee’s
2016, Public Law 114–226 (the West LA experience and qualifications relative to
SUMMARY: The Department of Veterans Leasing Act). The Board operates in the membership criteria and
Affairs (VA) is seeking nominations of accordance with the provisions of the Federal professional qualifications criteria listed
qualified candidates to be considered Advisory Committee Act (FACA), as
amended, 5 U.S.C. App. 2.
above.
for appointment as a member of the
Membership Criteria and The Department makes every effort to
Veterans and Community Oversight and
Qualifications: VA is seeking ensure that the membership of VA
Engagement Board (herein after referred
nominations for Board membership. The Federal advisory committees is diverse
in this section to as ‘‘the Board’’) for the
Board is composed of twelve members in terms of points of view represented
VA West Los Angeles Campus in Los
and several ex-officio members. and the committee’s capabilities.
Angeles, CA (‘‘Campus’’). The Board is
The members of the Board are Appointments to this Board shall be
established to coordinate locally with
appointed by the Secretary of Veterans made without discrimination because of
the Department of Veterans Affairs to
Affairs from the general public, from a person’s race, color, religion, sex,
identify the goals of the community and
various sectors and organizations, and sexual orientation, gender identity,
Veteran partnership; provide advice and
shall meet the following qualifications, national origin, age, disability, or
recommendations to the Secretary to
as set forth in the West LA Leasing Act: genetic information. Nominations must
improve services and outcomes for
(1) Not less than 50% of members state that the nominee is willing to serve
Veterans, members of the Armed Forces,
shall be Veterans; and as a member of the Board and appears
and the families of such Veterans and
(2) Non-Veteran members shall be: to have no conflict of interest that
members; and provide advice and a. Family members of Veterans, would preclude membership. An ethics
recommendations on the b. Veteran advocates, review is conducted for each selected
implementation of the Draft Master Plan c. Service providers, nominee.
approved by the Secretary on January d. Real estate professionals familiar
28, 2016, and on the creation and Dated: June 19, 2017.
with housing development projects, or
implementation of any other successor e. Stakeholders. Jelessa M. Burney,
master plans. In accordance with the Board Charter, Federal Advisory Committee Management
asabaliauskas on DSKBBXCHB2PROD with NOTICES
DATES: Nominations for membership on the Secretary shall determine the Officer.
the Board must be received no later than number, terms of service, and pay and [FR Doc. 2017–13073 Filed 6–22–17; 8:45 am]
5:00p.m. EST on July 7, 2017. allowances of Board members, except BILLING CODE 8320–01–P
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Document Created: 2017-06-23 03:37:15
Document Modified: 2017-06-23 03:37:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of petition. | |
| Dates | The closing date for comments on the petition is July 24, 2017. | |
| FR Citation | 82 FR 28737 |
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