[Federal Register Volume 70, Number 222 (Friday, November 18, 2005)]
[Notices]
[Pages 70026-70027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22919]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-22969; Notice 1]


Nissan North America, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Nissan North America, Inc. (Nissan) has determined that certain 
vehicles that it produced in 2005 do not comply with S4.2.2 of 49 CFR 
571.114, Federal Motor Vehicle Safety Standard (FMVSS) No. 114, ``Theft 
protection.'' 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 3400 Nissan Maximas produced 
between March 29, 2005 and May 26, 2005. S4.2.2 of FMVSS No. 114 
requires that,

    (a) Notwithstanding S4.2.1, provided that steering is prevented 
upon the key's removal, each vehicle specified therein may permit 
key removal when electrical failure of this system (including 
battery discharge) occurs or may have a device which, when 
activated, permits key removal. The means for activating any such 
device shall be covered by a non-transparent surface which, when 
installed, prevents sight of and activation of the device. The 
covering surface shall be removable only by use of a screwdriver or 
other tool.
    (b) Notwithstanding S4.2.1, each vehicle specified therein may 
have a device which, when activated, permits moving the transmission 
shift lever from ``park'' after the removal of the key. The device 
shall either be operable:
    (1) By the key, as defined in S3; or
    (2) By another means, provided that steering is prevented when 
the key is removed from the ignition, and provided that the means 
for activating the device is covered by a non-transparent surface 
which, when installed, prevents sight of and activation of the 
device. The covering surface shall be removable only by use of a 
screwdriver or other tool.

    The subject vehicles are equipped with an override device but the 
steering wheel may not lock under some circumstances when the key is 
removed.
    Nissan believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Nissan 
states that the vehicles are equipped with an engine control module 
immobilizer system which prevents forward movement of the vehicle if 
the key is not present.
    Nissan points out that NHTSA recently granted inconsequential 
noncompliance petitions for similar noncompliances by Bentley (69 FR

[[Page 70027]]

67211, 11/16/04), Volkswagen (69 FR 67211, 11/16/04), and Porsche (70 
FR 32398, 6/2/05). Nissan also points out that NHTSA recently published 
a Notice of Proposed Rulemaking (70 FR 48362, 8/17/05), and that under 
this proposal, the system in the subject Maximas would be allowed.

    Nissan further states,
    The requirement that the steering be locked when the ignition 
key is removed through use of an ``override device'' was added to 
S4.2.2 ``to ensure that Standard No 114's theft protection aspects 
are not jeopardized.'' See 57 FR 2039, 2040 (January 17, 1992). In 
the Maxima vehicles at issue here, when the key is removed through 
use of the ``override device,'' which will occur rarely if at all, 
the immobilizer will prevent the vehicle from being jump-started 
without the electronically coded ignition key, because the key-code 
is recorded in the engine control module and cannot be electrically 
bypassed.

    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: December 19, 2005.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: November 15, 2005.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. 05-22919 Filed 11-17-05; 8:45 am]
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