[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Pages 4991-4993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01828]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0079; Notice 1]


Maserati 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.

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SUMMARY: Maserati North America, Inc., (MNA), has determined that 
certain model year (MY) 2014-2021 Maserati Ghibli, Quattroporte, and 
Levante motor vehicles do not fully comply with Federal Motor Vehicle 
Safety Standard (FMVSS) No. 208, Occupant Crash Protection. MNA filed a 
noncompliance report dated August 5, 2021. MNA subsequently petitioned 
NHTSA on August 30, 2021, and amended its petition on January 13, 2022, 
for a decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety. This document announces receipt of 
MNA's petition.

DATES: Send comments on or before March 2, 2022.

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 may be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the 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 the U.S. 
Department of Transportation, Docket Operations, M-

[[Page 4992]]

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 for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website 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

    MNA has determined that certain MY 2014-2021 Maserati Levante, 
Ghibli, and Quattroporte motor vehicles do not fully comply with 
paragraph S4.5.1(b)(3) of FMVSS No. 208, Occupant Crash Protection (49 
CFR 571.208).
    MNA filed a noncompliance report dated August 5, 2021, pursuant to 
49 CFR part 573, Defect and Noncompliance Responsibility and Reports. 
MNA subsequently petitioned NHTSA on August 30, 2021, and amended its 
petition on January 13, 2022, 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, 
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 
Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt of the MNA's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
another exercise of judgment concerning the merits of the petition.

II. Vehicles Involved

    Approximately 78,588 MY 2017-2021 Maserati Levante, manufactured 
between May 20, 2016 and July 13, 2021, and MY 2014-2021 Maserati 
Ghibli and Quattroporte motor vehicles, manufactured between April 30, 
2013, and July 13, 2021, are potentially involved.

III. Noncompliance

    MNA explains that the subject vehicles are equipped with air bag 
warning labels that are affixed to the headliner, rather than either 
side of the sun visor, as required by S4.5.1(b) (3) of FMVSS No. 208.

IV. Rule Requirements

    Paragraph S4.5.1(b)(3) of FMVSS No. 208, includes the requirements 
relevant to this petition. Vehicles certified to meet the requirements 
specified in S19, S21, or S23 on or after September 1, 2003 shall have 
a label permanently affixed to either side of the sun visor, at the 
manufacturer's option, at each front outboard seating position that is 
equipped with an inflatable restraint.

V. Summary of MNA's Petition

    The following views and arguments presented in this section, ``V. 
Summary of MNA's Petition,'' are the views and arguments provided by 
MNA. They have not been evaluated by the Agency and do not reflect the 
views of the Agency. MNA describes the subject noncompliance and 
contends that the noncompliance is inconsequential as it relates to 
motor vehicle safety.
    In support of its petition, MNA submits the following reasoning:
    MNA says that the sun visor is affixed with an airbag alert label 
that informs ``passengers to flip the sun visor to the down position'' 
to view the warning label. MNA also says that the although the airbag 
warning label is affixed to the headliner, the label is clearly visible 
when the sun visor is in the down position. In its petition, MNA 
provides computer-aided design (CAD) illustrations of the airbag alert 
label and noncompliant airbag warning label.
    MNA states its belief that although the airbag warning label is not 
positioned on the sun visor, in combination with the airbag alert 
label, the airbag warning label is displayed as intended by FMVSS No. 
208. In support of this argument, MNA cites a 2016 Notice of Proposed 
Rulemaking (NPRM) on Vehicle Defect Reporting Requirements \1\ in which 
MNA says NHTSA assessed ``the suitability of the headliner for safety 
warning labels in Section IV, alternatives considered and proposed for 
the label, and finds the headliner to be an effective location for a 
safety warning label.'' MNA cites NHTSA as stating ``[t]he agency also 
recognizes that the headliner above the sun visor may have similar 
benefits to the visor without some of the disadvantages of the visor.'' 
as an effective location for safety warning labels.'' MNA further 
states that NHTSA has found the headliner to be of similar benefit as 
the sun visor for the placement of the air bag warning label. Id.
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    \1\ See 81 FR 85478 (November 28, 2016).
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    MNA says it ``is not aware of any crashes, injuries, or customer 
complaints associated with this condition'' and that production is 
being updated to correct the noncompliance in future vehicles.
    MNA concludes that the subject noncompliance is inconsequential as 
it relates to motor vehicle safety and 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 MNA 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

[[Page 4993]]

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 MNA 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)

Otto G. Matheke, III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022-01828 Filed 1-28-22; 8:45 am]
BILLING CODE 4910-59-P


