Notice of Coordinated Remedy Program Proceeding for the Replacement of Certain Takata Air Bag Inflators |
|---|
|
Mark R. Rosekind
National Highway Traffic Safety Administration
June 5, 2015
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Pages 32197-32200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13756]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0055]
Notice of Coordinated Remedy Program Proceeding for the
Replacement of Certain Takata Air Bag Inflators
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In order to prioritize, organize, and phase multiple recalls
to remedy defective Takata frontal air bag inflators, the National
Highway Traffic Safety Administration (``NHTSA'') is opening
proceedings, including a public docket..NHTSA is considering issuing
one or more administrative orders that would coordinate remedy programs
associated with defective Takata air bag inflators. Coordination of the
remedy programs may include, among other things, ``acceleration,''
prioritization, organization, and/or phasing of some or all such air
bag inflator remedy programs. It may further include coordination as to
air bag inflator sourcing, production, allocation, delivery,
installation, and adequacy of the remedy. This notice explains events
leading to today's action and NHTSA's authority to open such a
proceeding. It also describes some of the issues that the agency
anticipates considering in the proceeding and information the agency
requests from commenters as part of such a proceeding.
ADDRESSES: You may submit comments to the docket number identified in
the heading of this document by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery or Courier: U.S. Department of
Transportation, West Building Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590 between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Regardless of how you submit your comments, you should mention the
docket number of this document.
You may call the Docket at 202-366-9324.
Note that all comments received will be posted without change to
http://www.regulations.gov, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: For non-legal issues, Scott Yon,
Office of Defects Investigation, National Highway Traffic Safety
Administration (telephone: 202-366-0139); for legal issues, Arija
Flowers, Office of the Chief Counsel, NCC-111, National Highway Traffic
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590
(telephone: 202-366-8714). Information regarding NHTSA's investigation
into Takata Air Bag Inflator ruptures is available on
[[Page 32198]]
NHTSA's Web site at: http://www.safercar.gov/rs/takata/index.html.
SUPPLEMENTARY INFORMATION: To mitigate and control the risk of serious
injury or death due to an air bag inflator rupture, and to ensure that
all affected vehicles in the United States are equipped with safe air
bags as quickly as possible, NHTSA is considering exercising its
authority under the National Traffic and Motor Vehicle Safety Act of
1966, as amended and recodified (the ``Safety Act''), 49 U.S.C. 30101,
et seq., to provide national-level leadership and to facilitate the
prioritization, organization, and phasing of the remedy programs of TK
Holdings, Inc. (``Takata'') and all vehicle manufacturers having
recalled, defective Takata frontal air bag inflators. This includes the
remedy programs of BMW of North America, LLC (``BMW''), Chrysler Group,
LLC (``Chrysler''), Ford Motor Company (``Ford''), General Motors, LLC
(``GM''), American Honda Motor Company (``Honda''), Mazda North
American Operations (``Mazda''), Mercedes-Benz, LLC--DBA Sprinter (``M-
B Sprinter'') (as to Sprinter Vans only), Mitsubishi Motors North
America, Inc. (``Mitsubishi''), Nissan North America, Inc.
(``Nissan''), Subaru of America, Inc. (``Subaru''), and Toyota Motor
Engineering and Manufacturing (``Toyota'') (collectively, the
``Manufacturers'').
I. The Reasons for a Coordinated Remedy
The number of recalled air bag inflators and impacted vehicles and
manufacturers, in combination with the supply issues related to these
air bag recalls, presents an unprecedented level of complexity to the
recall and remedy process. As of the date of this Federal Register
Notice, these recalls of defective Takata air bag inflators constitute
the largest Safety Act recall in NHTSA's history, and one of the
largest consumer product recalls in United States history, with
approximately 34 million air bag inflators currently requiring
replacement. The risk of harm presented by the defective Takata air bag
inflators transcends the scope of the usual Safety Act recall.
Accordingly, NHTSA is hereby opening a coordinated remedy program
proceeding.
Each of the Manufacturers, with the exception of M-B Sprinter, has
previously elected a remedy program of repair for at least some of
their affected vehicles (specifically, for vehicles that were covered
by prior Manufacturer recalls). See 49 U.S.C. 30120(a)(1)(A). These
remedy programs are individual to each of the Manufacturers, creating a
patch-work solution that NHTSA believes may not adequately address the
safety risks presented by the defective Takata air bag inflators within
a reasonable time. Based on the currently available data, these recalls
involve varying levels of risk of harm which must be mitigated and
controlled: The risk of the air bag inflator rupturing when the air bag
is inflated, which may result in serious injury or death to vehicle
occupants without prior warning.
Specifically, NHTSA is issuing this notice pursuant to its
authority under the Safety Act to ``accelerate'' remedy programs, 49
U.S.C. 30120(c)(3) and 49 CFR 573.14, to inspect and investigate, 49
U.S.C. 30166(b)(1), to ensure that defective vehicles and equipment are
recalled and remedied, 49 U.S.C. 30118 through 30120, and to ensure
that the remedy for the defect is adequate, 49 U.S.C. 30120, as
delegated by the Secretary of Transportation (``the Secretary''), 49
CFR 1.95 and 501.2(a)(1). Given the severity of the possible harm,
variable nature of the risk of harm to be mitigated and controlled,
unprecedented number of vehicles and entities affected, and imperative
for public confidence in the safety of their vehicle air bags, NHTSA is
therefore opening a public proceeding, including a public docket, to
investigate challenges and solutions related to the Takata air bag
inflator recalls and to gather public comments on those issues.
NHTSA also anticipates collaborating in this proceeding with other
Tier One inflator suppliers, which may include ARC Automotive, Inc.
(``ARC''), Autoliv Americas (``Autoliv''), Key Safety Systems (``Key
Safety''), Toyoda Gosei North America Corporation (``Toyoda''), TRW
Automotive (``TRW''), and Special Devices, Inc./Daicel Group
(``Daicel'') (collectively, the ``Suppliers'') to craft solutions that
further mitigate and control the risk of harm by ensuring safe air bags
in every motor vehicle in the United States.
II. Background on Defective Takata Frontal Air Bag Inflators
The first recall involving a rupturing Takata driver side frontal
air bag inflator was initiated by Honda on November 11, 2008, and was
designated by NHTSA as Recall No. 08V-593. At that time, the defect was
thought to be the result of a specific manufacturing issue involving
one of the propellant presses at Takata's Moses Lake, Washington plant.
Due to various discrepancies in Takata's recordkeeping for the affected
parts, Honda had to expand the scope of the recall several times
between 2009 and 2011. Those recall expansions were designated by NHTSA
as Recall Nos. 09V-259, 10V-041, and 11V-260.
The first recall involving a rupturing Takata passenger side
frontal air bag inflator was initiated by Takata on April 11, 2013, and
involved the following vehicle manufacturers: BMW, Honda, Mazda,
Nissan, and Toyota. The various recall submissions were designated by
NHTSA as Recall Nos. 13E-017, 13V-130, 13V-132, 13V-133, 13V-136, and
13V-172. At that time, the defect was thought to be the result of two
specific manufacturing issues--(1) The possibility that the auto-reject
function on the propellant press had been manually disabled, and (2)
the possibility that certain propellant lots were exposed to
uncontrolled moisture conditions at Takata's Monclova, Mexico plant.
Between August 2013 and April 2014, NHTSA received three Vehicle
Owner Questionnaires (VOQs) that alleged air bag inflator ruptures in
vehicle populations outside the scope of the prior driver side and
passenger side frontal air bag recalls. In late-May 2014, Takata
confirmed the three ruptures with NHTSA's Office of Defects
Investigation (ODI), and notified ODI of an additional three ruptures
(for a total of six rupture incidents between August 2013 and May
2014). On June 10, 2014, NHTSA convened a conference call, after which
Takata and the affected vehicle manufacturers agreed to initiate
regional parts collection campaigns in Florida, Hawaii, Puerto Rico,
and the U.S. Virgin Islands. The initial data underlying these regional
actions indicated that certain Takata frontal air bag inflators in
regions prone to long-term high absolute humidity and temperatures pose
a safety risk.
On June 11, 2014, NHTSA opened a preliminary evaluation, PE14-016,
to investigate the six identified rupture incidents involving driver
side and passenger side frontal air bag inflators manufactured by
Takata. (PE14-016 was later upgraded to an engineering analysis, EA15-
001, on February 24, 2015.)
During the period of October through December 2014, service
campaigns related to the passenger side frontal air bags were converted
to recalls and the geographic scope was expanded, though still limited
to certain regions with higher levels of absolute humidity and high
temperatures. Also during this period, NHTSA sent letters to Takata and
the Manufacturers (except M-B Sprinter, whose air bag inflators were
not then identified as having any defect) regarding their efforts and
abilities, individually, to accelerate the supply of
[[Page 32199]]
replacement air bags and emphasizing the importance of their continued
efforts to promptly and effectively remedy the serious safety risk
posed to consumers by the defective Takata air bag inflators. Further,
as part of its ongoing investigation and oversight of the defective
Takata frontal air bag inflators, NHTSA issued a pair of Special Orders
to Takata on October 30, and November 18, 2014, a Special Order to
Honda on November 5, 2014, and General Orders to BMW, Chrysler, Ford,
GM, Honda, Mazda, Mitsubishi, Nissan, Subaru, and Toyota on November
18, 2014.
Also on November 18, 2014, NHTSA publicly demanded that the five
auto manufacturers with affected driver side frontal air bag inflators
expand their regional campaigns and conduct a nationwide recall of
vehicles equipped with the subject driver side frontal air bag
inflators. This decision was based on, among other things, the agency's
evaluation of a recent driver side frontal air bag failure in a vehicle
outside the current regional recall area, and its relationship to five
previous driver side frontal air bag inflator ruptures. Beginning in
December 2014, BMW, Chrysler, Ford, Honda and Mazda initiated national
service campaigns or safety improvement campaigns on vehicles with
these driver side frontal air bag inflators.
On November 26, 2014, NHTSA demanded that Takata conduct a national
recall of driver side frontal air bag inflators. In a response dated
December 2, 2014, Takata declined to do so. Despite Takata's response,
NHTSA continued insisting that Takata conduct a national recall.
On May 18, 2015, at NHTSA's urging, Takata filed four Defect
Information Reports (``DIR's'') pursuant to 49 CFR 573.6. In those
DIR's, Takata determined that a defect exists in certain models of
frontal air bag inflators (specifically, the PSDI, PSDI-4, PSDI-4K,
SPI, PSPI and PSPI-L).
As of May 27, 2015, ruptured Takata air bag inflators allegedly
resulting in death or injury have been confirmed in 95 incidents in the
United States. Many of these incidents resulted in serious injury to
vehicle occupants. In five of the incidents, the vehicle's driver died,
allegedly as a result of injuries sustained from the rupture of the air
bag inflator. In other incidents, vehicle occupants allegedly suffered
injuries including cuts or lacerations to the face or neck, broken or
fractured facial bones, loss of eyesight, broken teeth, and traumatic
brain injury.
III. Coordinated Remedy Program Proceeding
The Safety Act requires manufacturers to remedy safety-related
defects in motor vehicles. 49 U.S.C. 30120(a). The remedy must be
adequate to protect the American public from the safety risk posed by
the defect. 49 U.S.C. 30120(c). Manufacturers are required to notify
both the Secretary and vehicle owners of safety related defects, 49
U.S.C. 30118, including procedures for owners to follow to have the
safety-related defect remedied, 49 U.S.C. 30119. The Safety Act also
authorizes the Secretary to conduct investigations to enforce the
Safety Act, 49 U.S.C. 30166(b)(1), issue general and special orders
(responses to which are compulsory), hold hearings, and take testimony,
49 U.S.C. 30166(g)(1). If the Secretary determines that a
manufacturer's remedy program is not likely to be capable of completion
within a reasonable time, the Secretary may require the manufacturer to
``accelerate'' the remedy program if the Secretary finds that there is
a risk of serious injury or death if the remedy program is not
accelerated, and that acceleration of the remedy program can be
reasonably achieved by expanding the sources of replacement parts,
expanding the number of authorized repair facilities, or both. 49
U.S.C. 30120(c)(3). The Secretary has delegated his authorities under
the Safety Act, including each of the above, to the NHTSA
Administrator, 49 CFR 1.95(a) and 501.2(a)(1). Accordingly, NHTSA is
opening this coordinated remedy proceeding to investigate issues
related to the remedy of defective Takata frontal air bag inflators and
to coordinate remedy programs, if and as appropriate based upon the
findings of the proceeding.
As an initial matter, NHTSA seeks a full, open, and collaborative
process, without compromising NHTSA's objectives of safety, that
facilitates thoughtful problem-solving and engages all regulated
entities in developing and implementing solutions to this significant
safety risk. For example, NHTSA anticipates that it will collaborate
with the Manufacturers, gathering information and data from each
Manufacturer regarding, among other things, information related to
production of replacement frontal air bag inflators and their
distribution. Upon receipt, public versions of all responses to NHTSA's
requests will be posted to this docket.
NHTSA also anticipates engaging the Suppliers in a cooperative,
collaborative process seeking, among other things, information related
to current production capabilities, possible enhanced production
capabilities in the future, and any challenges to quickly increasing
production of these specific parts. This process will involve
requesting specific information from Suppliers and engaging in candid,
thoughtful dialogue with Suppliers.
NHTSA further anticipates significant industry outreach to
facilitate the forging of collaborative partnerships. Among other
approaches, NHTSA anticipates convening one or more meetings,
individually and/or in groups, with Takata, Manufacturers, Suppliers,
and/or others to candidly discuss the challenges these industries are
facing and, again, work collaboratively to create solutions that
further mitigate and control the risk of harm presented by defective
Takata air bag inflators and the challenges to achieving a satisfactory
recall/remedy completion rate. Further, NHTSA may decide to hold a
public hearing and, if so, NHTSA will provide information on the scope,
date, time, and location of, and how to participate in, such a hearing
in a subsequent Federal Register Notice.
IV. NHTSA's Request for Public Comments
While NHTSA will request certain information from Takata,
Manufacturers, Suppliers, and other regulated entities in this
proceeding, NHTSA also seeks comments from the public. NHTSA requests
comments regarding, among other things, how NHTSA can most effectively
exercise its authority with respect to prioritizing, organizing, and
phasing recall and remedy programs involving the defective Takata
frontal air bag inflators as described above, and methods for ensuring
that Manufacturers and Takata achieve satisfactory recall/remedy
completion rates.
NHTSA also requests comments on how Takata, Manufacturers,
Suppliers, and other regulated entities would comply with one or more
administrative orders that NHTSA may issue at the conclusion of this
proceeding, upon consideration of the relevant data, facts found, and
choices made. NHTSA is further requesting comments on the possible
terms of any such order(s). In particular, NHTSA requests comments
relating to (1) whether, and how, NHTSA should order Takata and/or
other regulated entities to source replacement parts for Manufacturers,
(2) whether, and how, NHTSA should issue an accelerated remedy
directive to Takata and/or some (or all) Manufacturers, (3) whether,
and how, NHTSA should order Takata and/or Manufacturers to prioritize
certain
[[Page 32200]]
vehicles or certain regions in its allocation of replacement parts, (4)
whether, and how, NHTSA should order a replacement schedule for
replacement frontal inflators/air bags if Takata and/or Manufacturers
cannot provide assurances for the ongoing safety of the inflators, and
(5) whether, and how, NHTSA should order additional authorized repair
facilities, or any other regulated entity, to aid Takata and/or
Manufacturers in timely completing remedy programs.
Authority: 49 U.S.C. 30101, et seq., 30118-30120, 30120(c)(3),
30166(b)(1), 30166(g)(1); 49 CFR 573.6, 573.14; delegations of
authority at 49 CFR 1.95(a), 501.2(a)(1).
Issued: June 1, 2015.
Mark R. Rosekind,
Administrator.
[FR Doc. 2015-13756 Filed 6-4-15; 8:45 am]
BILLING CODE 4910-59-P