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Jaguar Land Rover North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

American Government Topics:  Jaguar

Jaguar Land Rover North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
1 September 2017


[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41677-41678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18627]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0072; Notice 1]


Jaguar Land Rover North America, LLC, 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: Jaguar Land Rover North America, LLC (JLR), on behalf of 
Jaguar Land Rover Limited, has determined that certain model year (MY) 
2012-2018 Jaguar motor vehicles do not fully comply with Federal Motor 
Vehicle Safety Standard (FMVSS) No. 135, Light Vehicle Brake Systems. 
JLR filed a noncompliance report dated June 22, 2017. JLR also 
petitioned NHTSA on July 20, 2017, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is October 2, 
2017.

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 
submitted by any of the following methods:
     Mail: Send comments 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.
     Hand Delivery: Deliver comments by hand 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. The 
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except 
Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) Web site 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: 

[[Page 41678]]

    I. Overview: Jaguar Land Rover North America, LLC (JLR), on behalf 
of Jaguar Land Rover Limited, has determined that certain model year 
(MY) 2012-2018 Jaguar motor vehicles do not fully comply with Federal 
Motor Vehicle Safety Standard (FMVSS) No. 135, Light Vehicle Brake 
Systems. JLR filed a noncompliance report dated June 22, 2017, pursuant 
to 49 CFR part 573, Defect and Noncompliance Responsibility and 
Reports. JLR also petitioned NHTSA on July 20, 2017, pursuant to 49 
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 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.
    This notice of receipt of JLR'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.
    II. Vehicles Involved: Approximately 126,127 of the following 
Jaguar motor vehicles, manufactured between February 8, 2012, and June 
19, 2017, are potentially involved:

 2017-2018 Jaguar F-Pace
 2017-2018 Jaguar XE
 2017-2018 Jaguar XF
 2014-2018 Jaguar F-TYPE
 2013-2017 Jaguar XJ
 2012-2015 Jaguar XK

    III. Noncompliance: JLR explains that the noncompliance is that the 
brake fluid warning statement label on the subject vehicles is not 
permanently affixed as required by paragraph S5.4.3(a) of FMVSS No. 
135. Specifically, JLR installed a label that fits over the neck of the 
brake fluid reservoir that can be removed when the brake fluid 
reservoir cap is removed.
    IV. Rule Text: Paragraph S5.4.3(a) of FMVSS No. 135 states, in 
pertinent part:

    S5.4.3 Reservoir labeling. Each vehicle equipped with hydraulic 
brakes shall have a brake fluid warning statement that reads as 
follows, in letters at least 3.2 mm (\1/8\ inch) high: ``WARNING: 
Clean filler cap before removing. Use only ____fluid from a sealed 
container.'' (inserting the recommended type of brake fluid as 
specified in 49 CFR 571.116, e.g., ``DOT 3.'') The lettering shall 
be. . .
    . . .
    (a) Permanently affixed, engraved or embossed;. . .
    V. Summary of JLR's Petition: As background, in JLR's noncompliance 
report, JLR stated that a Product Safety and Compliance Committee 
(PSCC) Investigation was opened on June 6, 2017, following 
communication from a safety compliance engineer from NHTSA's Office of 
Vehicle Safety Compliance. The communication highlighted a concern 
where the brake reservoir label was not permanently affixed to the 
brake fluid reservoir as required by FMVSS No. 135, Light Vehicle Brake 
Systems. On June 13, 2017, JLR's PSCC concluded that the concern should 
be progressed to the Recall Determination Committee (RDC). The RDC 
reviewed all information on June 15, 2017, and concluded that the issue 
represented a compliance concern to FMVSS No. 135, Light Vehicle Brake 
Systems, but that the condition was considered inconsequential and 
requested that a petition for decision of inconsequential noncompliance 
be filed with NHTSA.
    JLR described the subject noncompliance and stated its belief that 
the noncompliance is inconsequential as it relates to motor vehicle 
safety.
    In support of its petition, JLR submitted the following reasoning:
    1. The installed label will not fall off or become displaced during 
normal vehicle use or operation.
    2. The installed label provides mechanical resistance to being 
removed.
    3. There is interference between the installed label and reservoir 
filler neck such that a minimum of 2mm interference exists.
    4. The installed label is only able to be removed when the brake 
fluid reservoir cap is displaced which, based on routine maintenance 
schedules, is once every 3 years in service.
    5. The filler cap shows clearly the specification of brake fluid 
required.
    6. The filler cap provides clear symbols including one for caution 
and one referring to handbook instructions. The owner's handbook 
descriptions indicate the proper brake fluid specification to be used 
in the vehicle.
    7. The installed cap conforms to the requirements of ISO9128:2006 
which is a requirement of UN-ECE Regulation 13 and 13h. NHTSA has 
previously granted petitions to accept ISO symbols in the absence of 
FMVSS labelling:
    a. Jaguar Land Rover petition regarding controls and displays 
including brake system-related telltales (FR Vol.78, No. 213 Pg. 66101-
66103).
    b. Ford petition regarding controls and displays including brake 
system-related telltales (FR Vol. 78, No. 225 Pg 69931-69932)
    c. Hyundai petition regarding lower anchorage identification (FR 
Vol. 73, No. 129 Pg. 38290-38291).
    8. JLR has not received any customer complaints on this issue.
    9. There have been no accidents or injuries as a result of this 
issue.
    10. Vehicle production has been corrected to fully conform to FMVSS 
No. 135, Light Vehicle Brake Systems, S5.4.3(a) with a new filler cap.
    JLR concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that 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 JLR 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 JLR 
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)

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-18627 Filed 8-31-17; 8:45 am]
 BILLING CODE 4910-59-P

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