[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Pages 2757-2759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00684]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0064; 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.

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SUMMARY: Nissan North America, Inc., (Nissan), has determined that 
certain model year (MY) 2022 Nissan Altima motor vehicles do not fully 
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire 
Selection and Rims and Motor Home/Recreation

[[Page 2758]]

Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles 
with a GVWR of 4,536 kilograms (10,000 pounds) or less. Nissan filed an 
original noncompliance report dated June 14, 2022. Nissan petitioned 
NHTSA on July 7, 2022, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety. This document 
announces receipt of Nissan's petition.

DATES: Send comments on or before February 16, 2023.

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-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).

FOR FURTHER INFORMATION CONTACT: Ahmad Barnes, General Engineer, NHTSA, 
Office of Vehicle Safety Compliance, (202) 366-7236.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Nissan determined that certain MY 2022 Nissan Altima 
Midnight Edition 2WD motor vehicles do not fully comply with paragraph 
S4.3(d) of FMVSS No. 110, Tire Selection and Rims and Motor Home/
Recreation Vehicle Trailer Load Carrying Capacity Information for Motor 
Vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less. (49 
CFR 571.110).
    Nissan filed an original noncompliance report dated June 14, 2022, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. Nissan petitioned NHTSA on July 7, 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 Nissan'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 4,537 MY 2022 Nissan Altima 
Midnight Edition 2WD motor vehicles, manufactured between November 3, 
2021, and April 4, 2022, are potentially involved.
    III. Noncompliance: Nissan explains that the subject vehicles are 
equipped with a spare tire that does not match the spare tire size 
designation identified on the tire placard. Specifically, the subject 
vehicles were equipped with the all-wheel drive (AWD) T135/90D16 sized 
spare tire instead of the two-wheel drive (2WD) T135/70D16 sized spare 
tire as intended and stated on the vehicle placard. Therefore, the 
vehicle placard does not state the correct spare tire size as required 
by paragraph S4.3(d) of FMVSS No. 110.
    IV. Rule Requirements: Paragraph S4.3(d) of FMVSS No. 110 includes 
the requirements relevant to this petition. Each vehicle, except for a 
trailer or incomplete vehicle, must show the tire size designation on a 
placard permanently affixed to the driver's side B-pillar and indicated 
by the headings ``size'' or ``original tire size'' or ``original 
size,'' and ``spare tire'' or ``spare,'' for the tires installed at the 
time of the first purchase for purposes other than resale. For full 
size spare tires, the statement ``see above'' may, at the 
manufacturer's option replace the tire size designation. If no spare 
tire is provided, the word ``none'' must replace the tire size 
designation.
    V. Summary of Nissan's Petition: The following views and arguments 
presented in this section, ``V. Summary of Nissan's Petition,'' are the 
views and arguments provided by Nissan. They have not been evaluated by 
the Agency and do not reflect the views of the Agency. Nissan describes 
the subject noncompliance and contends that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    Nissan explains that the subject vehicles were equipped with an AWD 
tire instead of the intended 2WD that is identified on the vehicle 
placard with the tire size designation ``T135/70D16.'' However, Nissan 
claims ``that the AWD tire was an acceptable fitment for the subject 
vehicles and the tire pressures are the same for both spare tire sizes 
(AWD and 2WD).'' According to Nissan, overloading would not occur if 
the tire pressure stated on the vehicle placard is applied to the spare 
tire, and other than the subject noncompliance, the tires equipped on 
the subject vehicles meet the requirements provided in FMVSS No. 110.
    Nissan says that the tire inflation pressure stated on the vehicle 
placard is correct for both the spare tire equipped on the subject 
vehicle (T135/90D16) and the spare tire size designation stated on the 
vehicle placard (T135/70D16). Therefore, Nissan believes the subject 
noncompliance ``is unlikely to result in overloading because when 
checking the placard to determine inflation pressure for the spare 
tire, the customer will find the correct tire pressure value on the 
label.''

[[Page 2759]]

    Nissan states that both tire sizes can be used on the subject 
vehicles because the AWD (T135/90D16) tire equipped on the subject 
vehicle has a higher load rating (102) than the 2WD (T135/70D16) tire 
indicated on the vehicle placard (100). Nissan also states that the 
purpose of FMVSS No. 110 is to prevent tire overloading which would not 
occur due to the subject noncompliance because both the equipped AWD 
tire and the intended 2WD tire can be used on the subject vehicle.
    Nissan states that correct information for both the AWD and 2WD 
spare tire sizes is readily available to the consumer in the owner's 
manual provided with the vehicle. Furthermore, Nissan says that its 
belief that the subject noncompliance is inconsequential to motor 
vehicle safety is supported by field data. Nissan also states that it 
is not aware of any customer complaints, accidents, or injuries 
regarding the subject noncompliance.
    NHTSA has previously granted petitions for inconsequentiality for 
noncompliances Nissan believes to be similar to the subject 
noncompliance. Nissan refers to a petition submitted by Mercedes-Benz 
USA, LLC,\1\ in which the tire placard incorrectly identifies the spare 
tire size due to a labeling error. In that case, NHTSA found the 
noncompliance to be inconsequential because (1) both the tire equipped 
on those vehicles and the tire indicated by the tire placard could be 
used and are appropriate for the affected vehicle's maximum loaded 
weight conditions, (2) in the event that a consumer inadvertently used 
the labeled inflation pressure to inflate the originally equipped spare 
tire, the tire load rating would be sufficient for the maximum loaded 
vehicle weight, and (3) the owner's manual for the affected vehicles 
describes both spare tire sizes which can be used by the consumer to 
ensure either tire size is appropriate for use.
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    \1\ Mercedes-Benz USA, LLC, Grant of Petition for Decision of 
Inconsequential Noncompliance, 82 FR 5640 (January 18, 2017).
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    Nissan concludes by stating its belief 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 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.)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2023-00684 Filed 1-13-23; 8:45 am]
BILLING CODE 4910-59-P


