Federal Register / Vol. 75, No. 244 / Tuesday, December 21, 2010 / Notices 80109 

1Nissan North America, Inc., is a state of 

Tennessee corporation that manufacturers and 

imports motor vehicles and motor vehicle 

equipment. 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2010–0171; Notice 1] 

Nissan North America, Inc., Receipt of 

Petition for Decision of 

Inconsequential Noncompliance 

Nissan North America, Inc. (Nissan) 1

has determined that certain model year 

2008 through 2010 Nissan Titan trucks 

do not fully comply with the 

requirements of paragraph S19.2.2(b) of 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 208, Occupant Crash 

Protection. Nissan has filed an 

appropriate report pursuant to 49 CFR 

part 573, Defect and Noncompliance 

Responsibility and Reports, dated 

August 18, 2010. 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) (see implementing rule 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. 

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. 

Nissan estimates that approximately 

102,254 model year 2008 through 2010 

Nissan Titan trucks that were 

manufactured from April 10, 2007, 

through August 6, 2010, are affected. 

Paragraph S19.2.2 of FMVSS No. 208 

requires in pertinent part: 

S19.2.2 The vehicle shall be equipped with 

at least one telltale which emits light 

whenever the passenger air bag system is 

deactivated and does not emit light whenever 

the passenger air bag system is activated, 

except that the telltale(s) need not illuminate 

when the passenger seat is unoccupied. Each 

telltale:* * * 

(b) Shall have the identifying words 

‘‘PASSENGER AIR BAG OFF’’ or ‘‘PASS AIR 

BAG OFF’’ on the telltale or within 25 mm 

(1.0 in) of the telltale; and* * * 

Nissan states that the noncompliance 

is that the label identifying the amber 

air bag status telltale lamp for the front 

outboard passenger seating position is 

identified with the words ‘‘PASSENGER 

AIR BAG’’ instead of ‘‘PASSENGER AIR 

BAG OFF.’’ 

Nissan believes the noncompliance is 

inconsequential to motor vehicle safety 

for the following reasons: 

1. The passenger air bag system on the 

subject vehicles operates as designed 

and automatically deactivates the 

passenger air bag when it is appropriate 

in accordance with the requirements in 

S19.2 of FMV55 No. 208. That is, the 

system requires no input from the 

operator to perform its intended 

function. Further, the front passenger 

airbag status telltale operates correctly 

and illuminates when the passenger air 

bag is deactivated as required by the 

standard. 

2. The meaning of the air bag status 

telltale alone (without the identifying 

words) is unequivocal to the vehicle 

occupants. The telltale remains off 

when the passenger air bag is in the 

normal mode. When the passenger air 

bag is deactivated, the telltale is 

illuminated, showing an icon 

representing an air bag with an X drawn 

over it. This clearly represents a 

deactivated air bag. Nissan notes that in 

certain other markets, the telltale alone 

is deemed sufficient with no identifying 

words required next to the telltale. The 

identifying words ‘‘passenger side air 

bag’’ (without the word ‘‘OFF’’) do not 

confuse the otherwise clear and readily 

apparent meaning of the telltale. 

3. Information provided in several 

locations in the vehicle owner’s manual 

further reduces any possibility of 

operator confusion. If the meaning of 

telltale is unclear, the operator can refer 

to multiple explanations in the owner’s 

manual. 

4. Telltale Function is also described 

in Quick Reference Guide. 

5. There have been no customer 

complaints, injuries, or accidents 

related to the word ‘‘OFF’’ missing from 

the label. Nissan has searched its 

databases and has found no cases of 

misunderstanding the telltale. 

6. Nissan conducted an informal 

survey at Nissan’s National 

Headquarters Building in Franklin, 

Tennessee. The building houses mostly 

business personnel (sales marketing, 

finance) and not design engineers that 

would have special understanding of 

the air bag systems. As employees were 

approaching the building to begin their 

workday, they were asked to participate 

in a survey regarding the Titan and that 

the survey would take about 30 seconds 

of their time. The participants 

represented a good cross-section of the 

general population by age, gender and 

race. The subject Titan pickup truck was 

equipped with the required yellow 

passenger side air bag status telltale that 

contained the ‘‘no air bag’’ symbol, but 

did not display the word ‘‘OFF’’. The 

passenger air bag telltale was 

illuminated. Survey participants were 

asked to describe the meaning of the 

telltale. Sixty people participated in the 

survey. Of the sixty people, 58 

responded correctly that the telltale 

indicated the passenger side airbag was 

in suppressed mode. The survey shows 

that people understand the meaning of 

the passenger air bag telltale even with 

the word ‘‘OFF’’ missing. We note also 

that adding the word ‘‘OFF’’ did not help 

the two respondents to understand the 

meaning of the telltale. They would 

have needed to consult the Owner’s 

Manual. Nissan acknowledges that this 

was an ad hoc survey that may not meet 

rigid statistical standards, nevertheless, 

we believe it is predictive of the results 

that would be obtained from a larger, 

controlled survey. 

7. A decision to grant this petition 

would be consistent with arguably 

similar prior requests related to labeling 

issues. For example, NHTSA has 

previously granted petitions related to 

certain tire and tire placard labeling 

errors. 

Nissan also states that it has taken 

steps to correct the non-compliance in 

future production. 

Supported by the above stated 

reasons, Nissan believes that the 

described FMVSS No. 208 

noncompliance is inconsequential to 

motor vehicle safety, and that its 

petition, to exempt it 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. 

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. 

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 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. The Docket Section is open 


srobinson on DSKHWCL6B1PROD with NOTICES
80110 Federal Register / Vol. 75, No. 244 / Tuesday, December 21, 2010 / Notices 

1Panda Power, LLC (Panda Power) is organized 

under the laws of the State of Arizona and is the 

importer of the subject nonconforming replacement 

equipment. Panda Power sold the nonconforming 

replacement equipment while doing business under 

the name Mobile HID. 

2Panda Power’s high-intensity lighting (HID kits 

each contained 2 lamps, 2 lamp ballasts and a 

wiring harness with relay and fuse). 

on weekdays from 10 am to 5 pm 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, selfaddressed 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: January 20, 

2011. 

Authority: (49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8) 

Issued on: December 15, 2010. 

Claude H. Harris, 

Acting Associate Administrator for 

Enforcement. 

[FR Doc. 2010–32013 Filed 12–20–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2010–0166; Notice 1] 

Panda Power LLC, Receipt of Petition 

for Decision of Inconsequential 

Noncompliance 

Panda Power LLC (Panda Power),1 has 

determined that High Intensity 

Discharge (HID) lighting kits 2 that it 

imported and sold during 2007, 2008 

and 2009 failed to meet the 

requirements of paragraph S7.7 of 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 108, Lamps, Reflective 

Devices, and Associated Equipment. 

Panda Power has filed an appropriate 

report pursuant to 49 CFR Part 573, 

Defect and Noncompliance 

Responsibility and Reports, dated 

February 10, 2010. 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) (see implementing rule at 49 

CFR part 556), Panda Power 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 Panda 

Power’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. 

Panda Power estimates that 

approximately 1,851 headlamp kits that 

it sold during 2007, 2008 and 2009 are 

affected. All of the affected kits were 

manufactured by Guangzhou 

Kingwoodcar Company, LTD, 

Guangzhou City, China. 

Paragraph S7.7 of FMVSS No. 108 

requires: 

S7.7 Replaceable light sources. Each 

replaceable light source shall be designed to 

conform to the dimensions and electrical 

specifications furnished with respect to it 

pursuant to part 564 of this chapter, and shall 

conform to the following requirements: 

(a) If other than an HB Type, the light 

source shall be marked with the bulb 

marking designation specified for it in 

compliance with Appendix A or Appendix B 

of part 564 of this chapter. The base of each 

HB Type shall be marked with its HB Type 

designation. Each replaceable light source 

shall also be marked with the symbol DOT 

and with a name or trademark in accordance 

with paragraph S7.2. 

(b) The measurement of maximum power 

and luminous flux that is submitted in 

compliance with Appendix A or Appendix B 

of part 564 of this chapter shall be made in 

accordance with this paragraph. The filament 

or discharge arc shall be seasoned before 

measurement of either. Measurement shall be 

made with the direct current test voltage 

regulated within one quarter of one percent. 

The test voltage shall be 12.8v. The 

measurement of luminous flux shall be in 

accordance with the Illuminating 

Engineering Society of North America, LM– 

45, IES Approved Method for Electrical and 

Photometric Measurements of General 

Service Incandescent Filament Lamps (April 

1980); shall be made with the black cap 

installed on Type HB1, Type HB2, Type HB4, 

and Type HB5, and on any other replaceable 

light source so designed; and shall be made 

with the electrical conductor and light source 

base shrouded with an opaque white cover, 

except for the portion normally located 

within the interior of the lamp housing. The 

measurement of luminous flux for the Types 

HB3 and HB4 shall be made with the base 

covered with a white cover as shown in the 

drawings for Types HB3 and HB4 filed in 

Docket No. NHTSA 98–3397. (The white 

cover is used to eliminate the likelihood of 

incorrect lumen measurement that will occur 

should the reflectance of the light source base 

and electrical connector be low). 

(c) The capsule, lead wires and/or 

terminals, and seal on each Type HB1, Type 

HB3, Type HB4, and Type HB5 light source, 

and on any other replaceable light source 

which uses a seal, shall be installed in a 

pressure chamber as shown in Figure 25 so 

as to provide an airtight seal. The diameter 

of the aperture in Figure 25 on a replaceable 

light source (other than an HB Type) shall be 

that dimension furnished for such light 

source in compliance with Appendix A or 

Appendix B of part 564 of this chapter. An 

airtight seal exists when no air bubbles 

appear on the low pressure (connector) side 

after the light source has been immersed in 

water for one minute while inserted in a 

cylindrical aperture specified for the light 

source, and subjected to an air pressure of 

70kPa (10 P.S.I.G.) on the glass capsule side. 

(d) The measurement of maximum power 

and luminous flux that is submitted in 

compliance with section VII of Appendix A 

of part 564 of this chapter, or section IV of 

Appendix B of part 564 of this chapter, shall 

be made with the direct current test voltage 

regulated within one quarter of one percent. 

The test voltage shall be 12.8v. The 

measurement of luminous flux shall be in 

accordance with the Illuminating 

Engineering Society of North America, LM 

45; IES Approved Method for Electrical and 

Photometric Measurements of General 

Service Incandescent Filament Lamps (April 

1980). The filament of a replaceable light 

source shall be seasoned before such 

measurement. The white covers are used to 

eliminate the likelihood of incorrect lumens 

measurement that will occur should the 

reflectance of the light source base and 

electrical connector be low. 

(1) For a light source with a resistive 

element type filament, seasoning of the light 


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