[Federal Register: February 6, 2008 (Volume 73, Number 25)]
[Notices]
[Page 7031-7032]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06fe08-106]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0018; Notice 1]
Nissan North America, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance
Nissan North America, Inc. (Nissan), has determined that certain
vehicles that it manufactured during the period of April 5, 2007 to
July 25, 2007, did not fully comply with paragraph S4.3(b) of 49 CFR
571.110 (Federal Motor Vehicle Safety Standards (FMVSS) No. 110 Tire
Selection and Rims for Motor Vehicles With a GVWR of 4,536 Kilograms
(10,000 Pounds) or Less). Nissan has filed an appropriate report
pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility
and Reports.
Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Nissan has petitioned for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential 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.
Affected are approximately 321 Model Year 2008 Nissan Titan E-Grade
trucks manufactured from April 5 to July 25, 2007. Paragraph S4.3(b) of
49 CFR 571.110 requires in pertinent part that:
S4.3 Placard. Each vehicle * * * shall show the information
specified in S4.3 (a) through (g) * * * on a placard permanently
affixed to the driver's side B-pillar * * *
(b) Designated seated capacity (expressed in terms of total
number of occupants and number of occupants for each front and rear
seat location)
Nissan explains that E-grade Titan trucks can be equipped with two
front bucket seats as an option, which means it has two seats in the
front and three in the back for a total of five seating positions. The
space between the two front bucket seats is occupied by a hard plastic
console with cup holders that cannot be used or mistaken for a seating
position. The second row has 3 seating positions. On the subject
vehicles, the tire information placard incorrectly states that the
total vehicle seating capacity is 6, with 3 seats in the front row, and
3 seats in the second row. All other applicable requirements of FMVSS
No. 110 are met.
Nissan states that it believes the noncompliance is inconsequential
to motor vehicle safety for the following reasons:
1. The front center console area of this vehicle cannot be mistaken
for a seating position because the center console is low to the floor,
has molded-in cup holders, has no padded/cushioned area, and has no
provisions for seatbelts. It is apparent to any observer that there are
only two front seating positions. Even if an occupant referenced the
tire information placard to determine the vehicle's front seating
capacity, it is readily apparent that the total capacity is five and
not six and front row capacity is two and not three.
2. Because the subject vehicle cannot be occupied by more than five
people, there is no risk of vehicle overloading.
3. The vehicle capacity weight (expressed as a total weight for
passengers and cargo) on the placard is correct. The seating capacity
error has no impact on the vehicle capacity weight.
Nissan also states that there have been no customer complaints,
injuries, or accidents related to the incorrect seating capacity of the
subject tire information placard.
Additionally, Nissan stated that it believes that because the
noncompliance is inconsequential to motor vehicle safety that no
corrective action is warranted.
After receipt of the petition, Nissan also informed NHTSA that it
has corrected the problem that caused these errors so that they will
not be repeated in future production.
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.
Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
a. 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.
b. By hand delivery 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.
c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
Comment closing date: March 7, 2008.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8)
[[Page 7032]]
Issued on: January 30, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-2099 Filed 2-5-08; 8:45 am]
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