[Federal Register Volume 73, Number 137 (Wednesday, July 16, 2008)]
[Notices]
[Pages 40911-40912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16179]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0018; Notice 2]


Nissan North America, Inc.; Grant 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). On November 6, 2007, Nissan filed an 
appropriate report pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports identifying approximately 321 
model year 2008 Nissan Titan E-grade trucks manufactured from April 5 
to July 25, 2007, that do not comply with the paragraphs of FMVSS No. 
110 cited above.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions 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. Notice of receipt of the 
petition was published, with a 30-day public comment period, on 
February 6, 2008 in the Federal Register (73 FR 7031). No comments were 
received. To view the petition and all supporting documents log onto 
the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to 
locate docket number ``NHTSA-2008-0018.''
    For further information on this decision, contact Mr. John 
Finneran, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-0645, 
facsimile (202) 366-7097.
    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 described the noncompliance as an incorrect total vehicle 
seating capacity being shown on the tire information placards affixed 
to the subject vehicles.
    Specifically, the subject placards incorrectly show the total 
vehicle seating capacity as six, with three seating positions in the 
front row, and three seating positions in the second row.
    Nissan explained that the subject E-grade Titan trucks are equipped 
with optional two front bucket seats. This configuration makes 
available two seats in the front row and three in the back row for a 
total of five seating positions.
    Nissan stated its belief that 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.
    Nissan further supported its belief that 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.
    4. All other applicable requirements of FMVSS No. 110 have been 
met.
    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 Decision

    NHTSA agrees with Nissan that the noncompliance is inconsequential 
to motor vehicle safety. As Nissan states, because the vehicles have a 
center console mounted between the front two seating positions and no 
provisions to accommodate restraint for a center occupant, it is 
obvious that the front row seating capacity is two and not three. 
Therefore, overloading the vehicles is unlikely because the space 
between the front row bucket seats is clearly not intended to be a 
seating position. As Nissan additionally points out, the other 
information on the tire information placard is correct.
    In consideration of the foregoing, NHTSA has decided that Nissan 
has met its burden of persuasion that the labeling noncompliances 
described are inconsequential to motor vehicle safety. Accordingly, 
Nissan's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliances under 49 U.S.C. 30118 and 30120.


[[Page 40912]]


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

    Issued on: July 10, 2008.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E8-16179 Filed 7-15-08; 8:45 am]
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