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###### Department of Transportation

###### National Highway Traffic Safety Administration

          - [Docket No. NHTSA-2021-0079; Notice 1]

# AGENCY:

National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT).

# ACTION:

Receipt of petition.

# SUMMARY:

                        Maserati North America, Inc., (MNA), has determined that certain model year (MY) 2014-2021 Maserati Ghibli, Quattroporte, and Levante motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 208,                         *Occupant Crash Protection.*                         MNA filed a noncompliance report dated August 5, 2021. MNA subsequently petitioned NHTSA on August 30, 2021, and amended its petition on January 13, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of MNA's petition.                    

# DATES:

Send comments on or before March 2, 2022.

# 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 may be submitted by any of the following methods:
      -  Mail:                          Send comments by mail addressed to the 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 the U.S. Department of Transportation, Docket Operations, M-                               ( print page 4992)                              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 for Federal Holidays.                    
      -  Electronically:                          Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website 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:

## I. Overview

                    MNA has determined that certain MY 2014-2021 Maserati Levante, Ghibli, and Quattroporte motor vehicles do not fully comply with paragraph S4.5.1(b)(3) of FMVSS No. 208,                     *Occupant Crash Protection*                     (49 CFR 571.208).                

                    MNA filed a noncompliance report dated August 5, 2021, pursuant to 49 CFR part 573,                     *Defect and Noncompliance Responsibility and Reports.*                     MNA subsequently petitioned NHTSA on August 30, 2021, and amended its petition on January 13, 2022, 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, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,                     *Exemption for Inconsequential Defect or Noncompliance.*

This notice of receipt of the MNA's petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or another exercise of judgment concerning the merits of the petition.

## II. Vehicles Involved

Approximately 78,588 MY 2017-2021 Maserati Levante, manufactured between May 20, 2016 and July 13, 2021, and MY 2014-2021 Maserati Ghibli and Quattroporte motor vehicles, manufactured between April 30, 2013, and July 13, 2021, are potentially involved.

## III. Noncompliance

MNA explains that the subject vehicles are equipped with air bag warning labels that are affixed to the headliner, rather than either side of the sun visor, as required by S4.5.1(b) (3) of FMVSS No. 208.

## IV. Rule Requirements

Paragraph S4.5.1(b)(3) of FMVSS No. 208, includes the requirements relevant to this petition. Vehicles certified to meet the requirements specified in S19, S21, or S23 on or after September 1, 2003 shall have a label permanently affixed to either side of the sun visor, at the manufacturer's option, at each front outboard seating position that is equipped with an inflatable restraint.

## V. Summary of MNA's Petition

The following views and arguments presented in this section, “V. Summary of MNA's Petition,” are the views and arguments provided by MNA. They have not been evaluated by the Agency and do not reflect the views of the Agency. MNA describes the subject noncompliance and contends that the noncompliance is inconsequential as it relates to motor vehicle safety.

In support of its petition, MNA submits the following reasoning:

MNA says that the sun visor is affixed with an airbag alert label that informs “passengers to flip the sun visor to the down position” to view the warning label. MNA also says that the although the airbag warning label is affixed to the headliner, the label is clearly visible when the sun visor is in the down position. In its petition, MNA provides computer-aided design (CAD) illustrations of the airbag alert label and noncompliant airbag warning label.

                    MNA states its belief that although the airbag warning label is not positioned on the sun visor, in combination with the airbag alert label, the airbag warning label is displayed as intended by FMVSS No. 208. In support of this argument, MNA cites a 2016 Notice of Proposed Rulemaking (NPRM) on Vehicle Defect Reporting Requirements [1]                                          in which MNA says NHTSA assessed “the suitability of the headliner for safety warning labels in Section IV, alternatives considered and proposed for the label, and finds the headliner to be an effective location for a safety warning label.” MNA cites NHTSA as stating “[t]he agency also recognizes that the headliner above the sun visor may have similar benefits to the visor without some of the disadvantages of the visor.” as an effective location for safety warning labels.” MNA further states that NHTSA has found the headliner to be of similar benefit as the sun visor for the placement of the air bag warning label.                     *Id.*

MNA says it “is not aware of any crashes, injuries, or customer complaints associated with this condition” and that production is being updated to correct the noncompliance in future vehicles.

MNA concludes that the subject noncompliance is inconsequential as it relates to motor vehicle safety and 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 MNA 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                           ( print page 4993)                        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 MNA 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)

Otto G. Matheke, III,

Director, Office of Vehicle Safety Compliance.

# Footnotes

1.                                                     *See*81 FR 85478 (November 28, 2016).                    
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[FR Doc. 2022-01828 Filed 1-28-22; 8:45 am]

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