

[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]                         

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

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]

BILLING CODE 4910-59-P
