82 FR 41677 - Jaguar Land Rover North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 169 (September 1, 2017)

Page Range		41677-41678
FR Document		2017-18627

Jaguar Land Rover North America, LLC (JLR), on behalf of Jaguar Land Rover Limited, has determined that certain model year (MY) 2012-2018 Jaguar motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 135, Light Vehicle Brake Systems. JLR filed a noncompliance report dated June 22, 2017. JLR also petitioned NHTSA on July 20, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 169 (Friday, September 1, 2017)

[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41677-41678]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-18627]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0072; Notice 1]

Jaguar Land Rover North America, LLC, Receipt of Petition for
Decision of Inconsequential Noncompliance

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

ACTION: Receipt of petition.

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SUMMARY: Jaguar Land Rover North America, LLC (JLR), on behalf of
Jaguar Land Rover Limited, has determined that certain model year (MY)
2012-2018 Jaguar motor vehicles do not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No. 135, Light Vehicle Brake Systems.
JLR filed a noncompliance report dated June 22, 2017. JLR also
petitioned NHTSA on July 20, 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 October 2,
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:

[[Page 41678]]

I. Overview: Jaguar Land Rover North America, LLC (JLR), on behalf
of Jaguar Land Rover Limited, has determined that certain model year
(MY) 2012-2018 Jaguar motor vehicles do not fully comply with Federal
Motor Vehicle Safety Standard (FMVSS) No. 135, Light Vehicle Brake
Systems. JLR filed a noncompliance report dated June 22, 2017, pursuant
to 49 CFR part 573, Defect and Noncompliance Responsibility and
Reports. JLR also petitioned NHTSA on July 20, 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 JLR'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 126,127 of the following
Jaguar motor vehicles, manufactured between February 8, 2012, and June
19, 2017, are potentially involved:

2017-2018 Jaguar F-Pace
2017-2018 Jaguar XE
2017-2018 Jaguar XF
2014-2018 Jaguar F-TYPE
2013-2017 Jaguar XJ
2012-2015 Jaguar XK

III. Noncompliance: JLR explains that the noncompliance is that the
brake fluid warning statement label on the subject vehicles is not
permanently affixed as required by paragraph S5.4.3(a) of FMVSS No.
135. Specifically, JLR installed a label that fits over the neck of the
brake fluid reservoir that can be removed when the brake fluid
reservoir cap is removed.
IV. Rule Text: Paragraph S5.4.3(a) of FMVSS No. 135 states, in
pertinent part:

S5.4.3 Reservoir labeling. Each vehicle equipped with hydraulic
brakes shall have a brake fluid warning statement that reads as
follows, in letters at least 3.2 mm (\1/8\ inch) high: ``WARNING:
Clean filler cap before removing. Use only ____fluid from a sealed
container.'' (inserting the recommended type of brake fluid as
specified in 49 CFR 571.116, e.g., ``DOT 3.'') The lettering shall
be. . .
. . .
(a) Permanently affixed, engraved or embossed;. . .
V. Summary of JLR's Petition: As background, in JLR's noncompliance
report, JLR stated that a Product Safety and Compliance Committee
(PSCC) Investigation was opened on June 6, 2017, following
communication from a safety compliance engineer from NHTSA's Office of
Vehicle Safety Compliance. The communication highlighted a concern
where the brake reservoir label was not permanently affixed to the
brake fluid reservoir as required by FMVSS No. 135, Light Vehicle Brake
Systems. On June 13, 2017, JLR's PSCC concluded that the concern should
be progressed to the Recall Determination Committee (RDC). The RDC
reviewed all information on June 15, 2017, and concluded that the issue
represented a compliance concern to FMVSS No. 135, Light Vehicle Brake
Systems, but that the condition was considered inconsequential and
requested that a petition for decision of inconsequential noncompliance
be filed with NHTSA.
JLR 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, JLR submitted the following reasoning:
1. The installed label will not fall off or become displaced during
normal vehicle use or operation.
2. The installed label provides mechanical resistance to being
removed.
3. There is interference between the installed label and reservoir
filler neck such that a minimum of 2mm interference exists.
4. The installed label is only able to be removed when the brake
fluid reservoir cap is displaced which, based on routine maintenance
schedules, is once every 3 years in service.
5. The filler cap shows clearly the specification of brake fluid
required.
6. The filler cap provides clear symbols including one for caution
and one referring to handbook instructions. The owner's handbook
descriptions indicate the proper brake fluid specification to be used
in the vehicle.
7. The installed cap conforms to the requirements of ISO9128:2006
which is a requirement of UN-ECE Regulation 13 and 13h. NHTSA has
previously granted petitions to accept ISO symbols in the absence of
FMVSS labelling:
a. Jaguar Land Rover petition regarding controls and displays
including brake system-related telltales (FR Vol.78, No. 213 Pg. 66101-
66103).
b. Ford petition regarding controls and displays including brake
system-related telltales (FR Vol. 78, No. 225 Pg 69931-69932)
c. Hyundai petition regarding lower anchorage identification (FR
Vol. 73, No. 129 Pg. 38290-38291).
8. JLR has not received any customer complaints on this issue.
9. There have been no accidents or injuries as a result of this
issue.
10. Vehicle production has been corrected to fully conform to FMVSS
No. 135, Light Vehicle Brake Systems, S5.4.3(a) with a new filler cap.
JLR 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 JLR 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 JLR
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. 2017-18627 Filed 8-31-17; 8:45 am]
BILLING CODE 4910-59-P

41678 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices

I. Overview: Jaguar Land Rover North Compliance. The communication No. 135, Light Vehicle Brake Systems,
America, LLC (JLR), on behalf of Jaguar highlighted a concern where the brake S5.4.3(a) with a new filler cap.
Land Rover Limited, has determined reservoir label was not permanently JLR concluded by expressing the
that certain model year (MY) 2012–2018 affixed to the brake fluid reservoir as belief that the subject noncompliance is
Jaguar motor vehicles do not fully required by FMVSS No. 135, Light inconsequential as it relates to motor
comply with Federal Motor Vehicle Vehicle Brake Systems. On June 13, vehicle safety, and that its petition to be
Safety Standard (FMVSS) No. 135, Light 2017, JLR’s PSCC concluded that the exempted from providing notification of
Vehicle Brake Systems. JLR filed a concern should be progressed to the the noncompliance, as required by 49
noncompliance report dated June 22, Recall Determination Committee (RDC). U.S.C. 30118, and a remedy for the
2017, pursuant to 49 CFR part 573, The RDC reviewed all information on noncompliance, as required by 49
Defect and Noncompliance June 15, 2017, and concluded that the U.S.C. 30120, should be granted.
Responsibility and Reports. JLR also issue represented a compliance concern NHTSA notes that the statutory
petitioned NHTSA on July 20, 2017, to FMVSS No. 135, Light Vehicle Brake provisions (49 U.S.C. 30118(d) and
pursuant to 49 U.S.C. 30118(d) and Systems, but that the condition was 30120(h)) that permit manufacturers to
30120(h) and 49 CFR part 556, for an considered inconsequential and file petitions for a determination of
exemption from the notification and requested that a petition for decision of inconsequentiality allow NHTSA to
remedy requirements of 49 U.S.C. inconsequential noncompliance be filed exempt manufacturers only from the
Chapter 301 on the basis that this with NHTSA. duties found in sections 30118 and
noncompliance is inconsequential as it JLR described the subject 30120, respectively, to notify owners,
relates to motor vehicle safety. noncompliance and stated its belief that purchasers, and dealers of a defect or
This notice of receipt of JLR’s petition the noncompliance is inconsequential noncompliance and to remedy the
is published under 49 U.S.C. 30118 and as it relates to motor vehicle safety. defect or noncompliance. Therefore, any
30120 and does not represent any In support of its petition, JLR decision on this petition only applies to
agency decision or other exercise of submitted the following reasoning: the subject vehicles that JLR no longer
judgment concerning the merits of the 1. The installed label will not fall off controlled at the time it determined that
petition. or become displaced during normal the noncompliance existed. However,
II. Vehicles Involved: Approximately vehicle use or operation. any decision on this petition does not
126,127 of the following Jaguar motor 2. The installed label provides relieve vehicle distributors and dealers
vehicles, manufactured between mechanical resistance to being removed. of the prohibitions on the sale, offer for
February 8, 2012, and June 19, 2017, are 3. There is interference between the sale, or introduction or delivery for
potentially involved: installed label and reservoir filler neck introduction into interstate commerce of
• 2017–2018 Jaguar F-Pace such that a minimum of 2mm the noncompliant vehicles under their
• 2017–2018 Jaguar XE interference exists. control after JLR notified them that the
• 2017–2018 Jaguar XF 4. The installed label is only able to subject noncompliance existed.
• 2014–2018 Jaguar F–TYPE be removed when the brake fluid
reservoir cap is displaced which, based Authority: (49 U.S.C. 30118, 30120:
• 2013–2017 Jaguar XJ delegations of authority at 49 CFR 1.95 and
• 2012–2015 Jaguar XK on routine maintenance schedules, is 501.8)
III. Noncompliance: JLR explains that once every 3 years in service.
5. The filler cap shows clearly the Jeffrey M. Giuseppe,
the noncompliance is that the brake
specification of brake fluid required. Director, Office of Vehicle Safety Compliance.
fluid warning statement label on the
6. The filler cap provides clear [FR Doc. 2017–18627 Filed 8–31–17; 8:45 am]
subject vehicles is not permanently
symbols including one for caution and
affixed as required by paragraph BILLING CODE 4910–59–P
one referring to handbook instructions.
S5.4.3(a) of FMVSS No. 135.
The owner’s handbook descriptions
Specifically, JLR installed a label that
indicate the proper brake fluid DEPARTMENT OF TRANSPORTATION
fits over the neck of the brake fluid
specification to be used in the vehicle.
reservoir that can be removed when the 7. The installed cap conforms to the National Highway Traffic Safety
brake fluid reservoir cap is removed. requirements of ISO9128:2006 which is Administration
IV. Rule Text: Paragraph S5.4.3(a) of
a requirement of UN–ECE Regulation 13 [Docket No. NHTSA–2016–0094; Notice 2]
FMVSS No. 135 states, in pertinent part:
and 13h. NHTSA has previously granted
S5.4.3 Reservoir labeling. Each vehicle petitions to accept ISO symbols in the Michelin North America, Inc., Denial of
equipped with hydraulic brakes shall have a absence of FMVSS labelling:
brake fluid warning statement that reads as
Petition for Decision of
a. Jaguar Land Rover petition Inconsequential Noncompliance
follows, in letters at least 3.2 mm (1⁄8 inch)
regarding controls and displays
high: ‘‘WARNING: Clean filler cap before AGENCY: National Highway Traffic
removing. Use only ____fluid from a sealed including brake system-related telltales
container.’’ (inserting the recommended type (FR Vol.78, No. 213 Pg. 66101–66103). Safety Administration (NHTSA),
of brake fluid as specified in 49 CFR 571.116, b. Ford petition regarding controls Department of Transportation (DOT).
e.g., ‘‘DOT 3.’’) The lettering shall be. . . and displays including brake system- ACTION: Denial of petition.
. . . related telltales (FR Vol. 78, No. 225 Pg
(a) Permanently affixed, engraved or 69931–69932) SUMMARY: Michelin North America, Inc.
embossed;. . . c. Hyundai petition regarding lower (MNA), has determined that certain
V. Summary of JLR’s Petition: As MNA tires do not fully comply with
sradovich on DSK3GMQ082PROD with NOTICES

anchorage identification (FR Vol. 73,
background, in JLR’s noncompliance No. 129 Pg. 38290–38291). Federal Motor Vehicle Safety Standard
report, JLR stated that a Product Safety 8. JLR has not received any customer (FMVSS) No. 119, New pneumatic tires
and Compliance Committee (PSCC) complaints on this issue. for motor vehicles with a GVWR of more
Investigation was opened on June 6, 9. There have been no accidents or than 4,536 kilograms (10,000 pounds)
2017, following communication from a injuries as a result of this issue. and motorcycles. MNA filed a
safety compliance engineer from 10. Vehicle production has been noncompliance report dated September
NHTSA’s Office of Vehicle Safety corrected to fully conform to FMVSS 1, 2016. MNA then petitioned NHTSA

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Document Created: 2017-09-01 01:50:50
Document Modified: 2017-09-01 01:50:50

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 October 2, 2017.
FR Citation		82 FR 41677

82 FR 41677 - Jaguar Land Rover North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 82, Issue 169 (September 1, 2017)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration