Nissan North America, Incorporated, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Nissan Titan
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Claude H. Harris
National Highway Traffic Safety Administration
July 5, 2013
[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Pages 40546-40548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16136]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0142; Notice 1]
Nissan North America, Incorporated, Receipt of Petition for
Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Receipt of Petition.
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SUMMARY: Nissan North America, Inc. (Nissan) \1\ has determined that
certain model year (MY) 2009 through 2012 Nissan Titan trucks
manufactured from January 31, 2008 to July 17, 2012 and MY 2012 Nissan
NV trucks, buses or multipurpose passenger vehicles (MPVs) manufactured
from December 20, 2010 to July 17, 2012, do not fully comply with
paragraph S3.1.4.1 of Federal Motor Vehicle Safety Standard (FMVSS) No.
102, Transmission Shift Position Sequence, Starter Interlock, and
Transmission Braking Effect. Nissan has filed an appropriate report
dated July 23, 2012, pursuant to 49 CFR Part 573, Defect and
Noncompliance Responsibility and Reports.
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\1\ Nissan North America, Inc. is a manufacturer of motor
vehicles and is registered under the laws of the state of Delaware.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR Part 556), Nissan submitted a petition 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.
Vehicles Involved: Affected are approximately 45,167 MY 2009
through 2012 Nissan Titan trucks manufactured from January 31, 2008 to
July 17, 2012 and MY 2012 Nissan NV trucks, buses or MPVs manufactured
from December 20, 2010 to July 17, 2012 equipped with steering column-
mounted transmission shift levers with a manual mode.
NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
[[Page 40547]]
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, these provisions only apply to the subject 45,167 \2\
vehicles that Nissan no longer controlled at the time it determined
that the noncompliance existed.
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\2\ Nissan's petition, which was filed under 49 CFR Part 556,
requests an agency decision to exempt Nissan as a motor vehicle
manufacturer from the notification and recall responsibilities of 49
CFR Part 573 for the affected motor vehicles. However, a decision on
this petition cannot relieve vehicle distributors and dealers of the
prohibitions on the sale, offer for sale, introduction or delivery
for introduction into interstate commerce of the noncompliant motor
vehicles under their control after Nissan notified them that the
subject noncompliance existed.
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Rule Text: Paragraph S3.1.4.1 of FMVSS No. 102 requires in
pertinent part:
S3.1.4.1 Except as specified in S3.1.4.3, if the transmission
shift position sequence includes a park position, identification of
shift positions, including the positions in relation to each other
and the position selected, shall be displayed in view of the driver
whenever any of the following conditions exist:
(a) The ignition is in a position where the transmission can be
shifted; or
(b) The transmission is not in park.
Summary of Nissan's Analyses: Nissan explains that the
noncompliance is that on the affected vehicles a unique sequence of
actions can lead the shift position indicator to incorrectly display
the shift position as required by paragraph S3.1.4.1 of FMVSS No. 102.
Nissan further explains that the noncompliance occurs when the
following sequences are accomplished:
(1) The transmission is shifted into ``manual'' shift mode by
pressing the ``manual'' shift mode button; and
(2) The ignition is switched from the ``ON'' position directly into
``ACC'' position, which shuts off the engine.
During the time in which the ignition is in the ``ACC'' mode, the
gear position indicator displays the last ``manual'' gear position of
the transmission ([l]\M\ through [4]\M\) prior to the ``ACC'' mode. If
the key is not rotated from the ``ACC'' position and the shift lever is
moved, the last ``manual'' gear position will be displayed regardless
of the shift lever position (the engine will not be running). Turning
the ignition to either the ``ON'' or ``OFF'' positions will reset the
indicator, at which point the correct position will be displayed.
This issue only occurs when the ignition is switched from ``ON''
into ``ACC'' mode and the engine is off. Further, the vehicle cannot be
restarted unless the ignition is switched out of ``ACC'' at which point
the shift position indicator would reset and show the correct position.
Likewise, if the ignition is turned to the ``OFF'' position to turn the
vehicle completely off, the position indicator resets itself and will
display the correct shift position the next time the vehicle is
started.
Nissan believes the noncompliance is inconsequential to motor
vehicle safety for the following reasons:
1. The vehicle cannot be operated in the noncompliant condition.
The noncompliant condition only exists when the vehicle ignition is
switched from the ``ON'' directly into the ``ACC'' mode and exists only
for the time that the ignition remains in ``ACC'' mode. The engine is
not running at this time. If the transmission is shifted into park
while in ``ACC'' mode, it cannot be removed from park unless the
ignition is switched to the ``ON'' position. If the ignition is
switched to either the ``ON'' position (to start the vehicle), or the
``OFF'' position (to remove the key and exit the vehicle) the shift
indicator resets to the correct position and the vehicle is no longer
in the noncompliant condition.
2. The sequence of events that leads to the noncompliant condition
is exceptionally rare. This sequence, stated in the description of the
noncompliance, is not one that a driver should encounter in the typical
operation of the vehicle. If a driver were to happen into this
circumstance, the condition is so fleeting that the vehicle would
likely be taken out of the noncompliant condition almost immediately.
This is evidenced by the fact that some of the affected vehicles have
been on the road for four years and Nissan has not received any
customer complaints or warranty claims regarding the issue.
3. The likelihood of an affected vehicle being inadvertently left
out of park is nearly impossible in this case. When the noncompliant
condition occurs, the shift indicator states, incorrectly, that the
vehicle is in a ``manual'' forward gear regardless of the actual
shifter position. Due to the geometry of the shifter, the park position
should be apparent to the driver even without the assistance of the
shift indicator.
4. Furthermore, since the owner cannot remove the mechanical key
from the ignition while the transmission is in any position except for
park due to the transmission shift interlock, it is unlikely that a
vehicle would be left unattended in the noncompliant condition. Given
this, the driver will either exit the vehicle without the key or the
driver will remain in the vehicle.
If the driver attempts to leave the vehicle without the key, an
audible warning (as required by FMVSS No. 114) will sound, alerting the
driver that the key is in the ignition. This should reduce the
possibility of the operator leaving the vehicle.
If the driver remains in the vehicle, he or she will attempt to
restart the vehicle. An attempt to restart will take the ignition from
the ``ACC'' position to the ON position and the indicator will reset to
the correct position.
5. As NHTSA recognized in proposing FMVSS No. 102 (see 49 FR 32409-
32411, August 25, 1988,) the purpose of the display requirement for
PRNDM information is to ``provide the driver with transmission position
information for the vehicle conditions where such information can
reduce the likelihood of shifting errors.'' Thus, the primary function
of the transmission display is to inform the driver of gear selection
and relative position of the gears while the engine is running. Except
for the absence of the required transmission shift position during the
one circumstance described above, which occurs when the engine is not
running, all of the 45,167 affected vehicles otherwise comply with
paragraph S3.1.4.1 of FMVSS No. 102.
Nissan also stated its belief that in similar situations, NHTSA has
granted the applications of other petitioners.
Nissan has additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles will comply with
FMVSS No. 102.
In summation, Nissan believes that the described noncompliance of
its vehicles is inconsequential to motor vehicle safety, and that its
petition, to exempt from providing recall notification of noncompliance
as required by 49 U.S.C. 30118 and remedying the recall noncompliance
as required by 49 U.S.C. 30120 should be granted.
Comments: 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
[[Page 40548]]
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.
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 your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
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: August 5, 2013.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.
Issued on: June 25, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-16136 Filed 7-3-13; 8:45 am]
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