[Federal Register Volume 70, Number 164 (Thursday, August 25, 2005)]
[Notices]
[Pages 49972-49973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16861]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-22176; Notice 1]


Nissan Motor Company and Nissan North America, Receipt of 
Petition for Decision of Inconsequential Noncompliance

    Nissan Motor Company, Ltd. and Nissan North America, Inc. (Nissan) 
have determined that certain vehicles that they produced in 2004 
through 2005 do not comply with S9.2.2 of 49 CFR 571.225, Federal Motor 
Vehicle Safety Standard (FMVSS) No. 225, ``Child restraint anchorage 
systems.'' Nissan has filed an appropriate report pursuant to 49 CFR 
part 573, ``Defect and Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), 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 a total of approximately 24,655 model year (MY) 2005 
Infiniti FX vehicles manufactured from September 1, 2004 to July 13, 
2005; 167 MY 2005 Infiniti Q45 vehicles with rear power seats 
manufactured from September 1, 2004 to June 30, 2005; and 65,361 MY 
2005 Nissan Maxima vehicles manufactured from September 1, 2004 to July 
11, 2005.
    S9.2.2 of FMVSS No. 225 requires:

    With adjustable seats adjusted as described in S9.2.3, each 
lower anchorage bar shall be located so that a vertical transverse 
plane tangent to the front surface of the bar is (a) Not more than 
70 mm behind the corresponding point Z of the CRF [child restraint 
fixture], measured parallel to the bottom surface of the CRF and in 
a vertical longitudinal plane, while the CRF is pressed against the 
seat back by the rearward application of a horizontal force of 100 N 
at point A on the CRF.

    The lower anchorage bars in the subject vehicles do not comply with 
this requirement. Nissan states that tests performed for NHTSA by MGA, 
Inc. revealed a noncompliance in a 2005 Infiniti FX, and Nissan 
subsequently investigated its vehicle models on this issue.
    Nissan believes that the noncompliance is inconsequential to motor 
vehicle safety and that no

[[Page 49973]]

corrective action is warranted. Nissan provides several bases for this 
assertion.
    First, Nissan states that the vehicles do comply with the 
alternative requirements S15 of FMVSS No. 225, which were available as 
a compliance option until September 1, 2004.
    Second, Nissan states that the extent of the noncompliance is not 
significant. Specifically, it says:

    The left and right lower anchorages in the MY 2005 FX vehicle 
were located 76 mm and 83 mm behind Point Z, respectively, when 
tested by MGA under the procedures of S9.2.2. During its subsequent 
investigation using the MGA CRF, Nissan measured the lower anchorage 
location in the left and right rear seats in five other FX vehicles. 
The average distance from Point Z was 78 mm, and the greatest 
distance was 81 mm. The average distance for the four 5-seat Nissan 
Maxima vehicles tested was 76 mm, and the greatest distance was 81 
mm. The average distance for the three 4-seat Maxima vehicles tested 
was 92 mm, and the greatest distance was 94 mm. At most, this 
reflects a distance of less than an inch beyond the distance 
specified in the standard, and the difference is less than one-half 
of an inch for the FX and the 5-seat Maxima models.

    Third, Nissan conducted a survey program to assess the ease of 
installing CRSs in these vehicles, and set out the results as an 
attachment to its petition. Nissan points out that there were few 
unsuccessful attempts and says that the results ``clearly demonstrate 
that the noncompliance * * * does not adversely affect the ease of 
installation of the CRSs * * *'' Nissan also indicates that the 
latchings were accomplished in an average time of between 22 seconds 
and 39 seconds.
    Fourth, Nissan states that ``other vehicle characteristics in these 
models compensate for the lower anchorage location to allow for ease of 
installation,'' including seat foam that compresses easily and 
suppleness of leather seats.
    Interested persons are invited to submit written data, views, and 
arguments on the petition described above. 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. Mail: Docket Management 
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC 20590-0001. Hand Delivery: 
Room PL-401 on the plaza level of the Nassif Building, 400 Seventh 
Street, SW., Washington, DC. It is requested, but not required, that 
two copies of the comments be provided. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments may 
be submitted electronically by logging onto the Docket Management 
System Web site at http://dms.dot.gov. Click on ``Help'' to obtain 
instructions for filing the document electronically. Comments may be 
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking 
Portal: go to http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    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: September 26, 2005.

    Authority:  49 U.S.C. 30118, 30120; delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: August 19, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-16861 Filed 8-24-05; 8:45 am]
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