49972 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Notices 

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2005–22118; Notice 1] 

Eaton Aeroquip, Inc., Receipt of 

Petition for Decision of 

Inconsequential Noncompliance 

Eaton Aeroquip, Inc. (Eaton) has 

determined that the end fittings that it 

produced for nylon air brake hoses do 

not comply with S7.2.2(d) of 49 CFR 

571.106, Federal Motor Vehicle Safety 

Standard (FMVSS) No. 106, ‘‘Brake 

hoses.’’ Eaton has filed an appropriate 

report pursuant to 49 CFR Part 573, 

‘‘Defect and Noncompliance Reports.’’ 

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

30120(h), Eaton 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 Eaton’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. 

Affected are a total of approximately 

7,784,614 end fittings produced from 

2001 to June 30, 2005, plus an 

indeterminate number of end fittings 

produced prior to 2001 for which 

records are not available (Eaton 

acquired the end fitting manufacturing 

business on November 1, 2002). 

S7.2.2(d) of FMVSS No. 106 requires 

that each fitting shall be etched, 

embossed, or stamped with

(d) The * * * outside diameter of the 

plastic tubing to which the fitting is properly 

attached expressed in inches or fractions of 

inches or in millimeters followed by the 

letters OD * * *

The subject end fittings are missing 

the letters OD from their labels. 

Eaton believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. Eaton 

states that the purpose of the letters OD 

on the label is to indicate that the 

measurement refers to the outside 

diameter of a plastic tube as opposed to 

the inside diameter. Eaton points out 

that if the end user was to assume that 

the measurement referred to the inside 

diameter because of the absence of the 

letters OD, it ‘‘would be physically 

impossible, for example, to insert a 1⁄2

inch inside diameter hose into an end 

fitting made for 1⁄2 inch outside 

diameter plastic tubing.’’ According to 

Eaton, ‘‘if an end-user were to 

mistakenly attempt to use the 

mislabeled end fittings with a hose, 

instead of plastic tubing, the 

incompatibility would be obvious 

because the diameters would not 

match.’’ Eaton states that therefore, 

‘‘there is no potential that the 

mislabeled end fittings could be used 

improperly, and there could be no 

resulting issue of motor vehicle safety.’’ 

Interested persons are invited to 

submit written data, views, and 

arguments on the petition described 

above. 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. Mail: Docket Management 

Facility, U.S. Department of 

Transportation, Nassif Building, Room 

PL–401, 400 Seventh Street, SW., 

Washington, DC, 20590–0001. Hand 

Delivery: Room PL–401 on the plaza 

level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC. It 

is requested, but not required, that two 

copies of the comments be provided. 

The Docket Section is open on 

weekdays from 10 a.m. to 5 p.m. except 

Federal Holidays. Comments may be 

submitted electronically by logging onto 

the Docket Management System Web 

site at http://dms.dot.gov. Click on 

‘‘Help’’ to obtain instructions for filing 

the document electronically. Comments 

may be faxed to 1–202–493–2251, or 

may be submitted to the Federal 

eRulemaking Portal: go to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

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: September 26, 

2005.

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

Delegations of authority at CFR 1.50 and 

501.8.

Issued on: August 19, 2005. 

Ronald L. Medford, 

Senior Associate Administrator for Vehicle 

Safety.

[FR Doc. 05–16860 Filed 8–24–05; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2005–22176; Notice 1] 

Nissan Motor Company and Nissan 

North America, Receipt of Petition for 

Decision of Inconsequential 

Noncompliance 

Nissan Motor Company, Ltd. and 

Nissan North America, Inc. (Nissan) 

have determined that certain vehicles 

that they produced in 2004 through 

2005 do not comply with S9.2.2 of 49 

CFR 571.225, Federal Motor Vehicle 

Safety Standard (FMVSS) No. 225, 

‘‘Child restraint anchorage systems.’’ 

Nissan has filed an appropriate report 

pursuant to 49 CFR part 573, ‘‘Defect 

and Noncompliance Reports.’’ 

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

30120(h), 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. 

Affected are a total of approximately 

24,655 model year (MY) 2005 Infiniti FX 

vehicles manufactured from September 

1, 2004 to July 13, 2005; 167 MY 2005 

Infiniti Q45 vehicles with rear power 

seats manufactured from September 1, 

2004 to June 30, 2005; and 65,361 MY 

2005 Nissan Maxima vehicles 

manufactured from September 1, 2004 

to July 11, 2005. 

S9.2.2 of FMVSS No. 225 requires:

With adjustable seats adjusted as described 

in S9.2.3, each lower anchorage bar shall be 

located so that a vertical transverse plane 

tangent to the front surface of the bar is (a) 

Not more than 70 mm behind the 

corresponding point Z of the CRF [child 

restraint fixture], measured parallel to the 

bottom surface of the CRF and in a vertical 

longitudinal plane, while the CRF is pressed 

against the seat back by the rearward 

application of a horizontal force of 100 N at 

point A on the CRF.

The lower anchorage bars in the 

subject vehicles do not comply with this 

requirement. Nissan states that tests 

performed for NHTSA by MGA, Inc. 

revealed a noncompliance in a 2005 

Infiniti FX, and Nissan subsequently 

investigated its vehicle models on this 

issue. 

Nissan believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no