UNITED STATES DEPARTMENT OF TRANSPORTATION 


NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 


1200 New Jersey Avenue SE 

Washington D.C. 20590 

In re: ) 

) 

Docket No. NHTSA-2015-0055 ) 

Coordinated Remedy Program Proceeding ) 

) 

~~~~~~~~~~~~~~ ) 

COORDINATED REMEDY ORDER 

This Coordinated Remedy Order ("Order") is issued by the Administrator of the National 

Highway Traffic Safety Administration ("NHTSA"), an operating administration of the U.S. 

Department of Transportation. Pursuant to NHTSA's 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., and specifically, 49 U.S.C. §§ 30118-30120, 30120(a)(l), 30120(c)(2)-(3), 

30166(b), 30166(c), 30166(e), 30~66(g)(l), and 49 CFR §§ 573.6, 573.14, this Coordinated 

Remedy Order establishes a Coordinated Remedy Program and sets forth the requirements and 

obligations of certain motor vehicle manufacturers 1 and TK Holdings, Inc., ("Takata") in 

connection with the recall and remedy of certain types of Takata air bag inflators. 

Currently, BMW of North America, LLC ("BMW"), FCA US, LLC ("FCA") (formerly Chrysler), Daimler 

Trucks North America, LLC ("Daimler Trucks"), Daimler Vans USA, LLC ("Daimler Vans"), Ford Motor 

Company ("Ford"), General Motors, LLC ("GM"), American Honda Motor Company ("Honda"), Mazda North 

American Operations ("Mazda"), Mitsubishi Motors North America, Inc. ("Mitsubishi"), Nissan North America, 

Inc. ("Nissan"), Subaru of America, Inc. ("Subaru"), and Toyota Motor Engineering and Manufacturing ("Toyota"). 

In accordance with Paragraphs 45, 46, and 48 below, this list may expand at some future date to include other motor 

vehicle manufacturers who have sold or otherwise made available in the United States motor vehicles equipped with 

Takata air bag inflators containing phase-stabilized ammonium nitrate. 
I. NATURE OF THE MATTER AND FINDINGS. 


1. On June 5, 2015, NHTSA opened the Coordinated Remedy Program Proceeding 

and public Docket Number NHTSA-2015-0055 to address the recalls of certain Takata air bag 

inflators, which together constitute the largest Safety Act recall in NHTSA's history and one of 

the largest consumer product recalls in United States history. See Notice of Coordinated 

Remedy Program Proceeding for the Replacement of Certain Takata Air Bag Injlators, 80 FED. 

REG.32,197 (June 5, 2015). As of the date of this Order, the number ofrecalled air bag 

inflators (currently, approximately 23 million), impacted vehicles (currently, approximately 19 

million), and affected vehicle manufacturers (currently, twelve), in combination with the 

potential for expansion of existing recalls and issuance of new recalls, and the remedy part 

supply challenges related to the existing recalls, presents an unprecedented level of complexity 

to the routine recall and remedy process. Given the potential severity of the harm to vehicle 

occupants when an inflator rupture occurs and the wide-spread exposure to the risk across a 

large vehicle population, the risk of harm presented by the defective Takata air bag inflators 

transcends the scope of the processes ordinarily followed in a recall under the Safety Act. 

Accordingly, for the reasons that follow, and upon consideration of the entire record in this 

proceeding, NHTSA now issues this Order. 

Factual Background 

2. An air bag inflator ("inflator") is a component inside an air bag module that 

contains explosive materials2which, when ignited, rapidly release gases to inflate air bags that 

protect vehicle occupants in vehicle crashes. Because inflators must fit into small and unique 

More precisely, air bag inflators contain pyrotechnic propellants, stored high pressure gases, or a 

combination of the two. To aid the reader's understanding, by using more familiar terminology, this is described 

herein as an "explosive." 

2 


2 
spaces including vehicle steering wheels and front instrument panels (i.e., dashboards), and 

because they must also satisfy specific performance requirements, inflators must meet exacting 

size and configuration requirements for each air bag module they are paired with and each 

vehicle in which they are installed. When functioning properly, air bag inflators are life-saving 

devices. 

3. The first recall involving a rupturing Takata driver side frontal air bag inflator 

was initiated by Honda on November 11, 2008. At that time, the defect was thought to be the 

result of a specific manufacturing issue involving a propellant press at Takata' s Moses Lake, 

Washington plant. Due to various purported discrepancies in Takata's record keeping for the 

affected parts, and changing theories as to the root cause of the defect, Honda expanded the 

scope of the recall several times between 2009 and 2011. 

4. The first recall involving a rupturing Takata passenger side frontal air bag 

inflator was initiated by Takata on April 11, 2013, and involved BMW, Honda, Mazda, Nissan, 

and Toyota. At that time, the defect was thought by Takata to be the result of two specific 

manufacturing issues: (1) the possibility that the auto-reject function on a 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. In 2013 and 2014, GM 

recalled vehicles to address separate manufacturing problems specific to a limited number of 

inflators Takata supplied only to GM. 

5. Between August 2013 and April 2014, NHTSA received three Vehicle Owner 

Questionnaires (VOQs) that alleged air bag inflator ruptures in vehicles outside the scope of the 

prior driver side and passenger side frontal air bag inflator recalls. In late May 2014, Takata 

confirmed the three ruptures with NHTSA's Office of Defects Investigation (ODI), and notified 

3 

0 DI of an additional three ruptures ( for a total of six rupture incidents between August 2013 and 

May 2014). All of these ruptures occurred in vehicles experiencing long-term exposure to hot 

and humid climate conditions in Florida and Puerto Rico. 

6. On June 10, 2014, at NHTSA's urging, Takata and the affected vehicle 

manufacturers agreed to initiate various field actions in Florida, Hawaii, Puerto Rico, and the 

U.S. Virgin Islands. The data supporting these field actions indicated that certain Takata frontal 

air bag inflators in regions prone to consistent long-term 3 exposure to high absolute humidity 

("HAH") and high temperatures posed a safety risk. The field actions were designed to mitigate 

the demonstrated risks in the HAH region, to make inflators available for future testing, and to 

produce data to guide future actions. 

7. 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. 

8. During the period of October through December 2014, at NHTSA's direction, 

field actions were converted to recalls and the recalls were expanded, though some recalls 

remained limited to certain regions with higher absolute humidity. Also during this period, 

NHTSA urged Takata and the affected vehicle manufacturers to, among other things, speed up 

the remedy programs by increasing the supply of remedy air bag inflators. NHTSA emphasized 

the need 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, 

NHTSA issued two 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, FCA, Ford, GM, Honda, 

Consistent long-term exposure means multiple years of mostly continuous exposure throughout the year. It 

is not seasonal exposure. 

4 

Mazda, Mitsubishi, Nissan, Subaru, Toyota, and Takata on November 18, 2014. All these 

Special and General Orders were designed and issued by NHTSA to obtain additional data 

required to assess and mitigate the risk of harm to the motoring public. 

9. On November 18, 2014, NHTSA demanded that the five vehicle manufacturers 

with affected driver side frontal air bag inflators expand their regional field actions and conduct 

nationwide actions. This decision was based on, among other things, NHTSA's evaluation of a 

driver side frontal air bag failure in a vehicle outside the existing regional recall area. In 

response, beginning in December 2014, BMW, FCA, Ford, Honda and Mazda initiated national 

service campaigns or safety improvement campaigns on vehicles with driver side frontal air bag 

inflators. 

10. On November 26, 2014, NHTSA demanded that Takata submit Defect 

Information Reports ("DIRs") of driver side frontal air bag inflators. While Takata declined to 

do so in a December 2, 2014 response, NHTSA continued to insist that Takata accept 

responsibility for the rupturing air bag inflators and file DIRs. 

11. On February 24, 2015, NHTSA upgraded PE14-016 to an engineering analysis 

(EA15-001). 

12. On May 18, 2015, after NHTSA's consistent demands, and pursuant to its legal 

obligations under the Safety Act, 49 U.S.C. § 30118(c)(l) and 49 C.F.R. § 573.6(c), Takata filed 

four DIRs with NHTSA (15E-040, 15E-041, 15E-042, 15E-043) ("Takata DIRs"). In the Takata 

DIRs, Takata admitted that certain types of air bag inflators manufactured by Takata with a 

phase-stabilized ammonium nitrate-based propellant (specifically, the PSDI, PSDI-4, PSDI-4K, 

SPI, PSPI and PSPI-L) contain defects constituting an unreasonable risk to safety. 

5 

13. Between May 13, 2015 and June 24, 2015, BMW, FCA, Daimler Trucks,4 

Daimler Vans, Ford, GM, Honda, Mazda, Mitsubishi, Nissan, Subaru, and Toyota (the "Initial 

Vehicle Manufacturers") each filed DIRs with NHTSA for vehicles containing the air bag 

inflators covered by the Takata DIRs (the "Inflator Recalls"). 

14. As part of the Coordinated Remedy Program Proceeding, launched on June 5, 

2015, NHTSA sought information from each of the Initial Vehicle Manufacturers, Takata, and 

other major inflator suppliers 5 (the "Suppliers"). As an initial matter, this included gathering 

data from the Initial Vehicle Manufacturers, Takata, and the other Suppliers through 

correspondence, and a Special Order to Takata, sent on June 18 and 19, 2015. 6 Thereafter, each 

of these companies provided answers responsive to NHTSA's correspondence, which were 

available in the public docket. 

15. Among other things, NHTSA engaged in numerous teleconferences and inperson meetings with the Suppliers to enhance NHTSA's understanding of, among other things, 

each Supplier's current production capacities, capabilities or plans for increasing production, 

existing contractual obligations, and product reliability. NHTSA also engaged in 

teleconferences and in-person meetings with the Initial Vehicle Manufacturers to enhance 

NHTSA's understanding of, among other things, each Vehicle Manufacturer's anticipated 

timelines for receipt of replacement air bag units, anticipated timelines for remedy program 

4 Daimler Trucks' remedy program of approximately 2,500 vehicles is being conducted in cooperation with 

FCA. 

ARC Automotive, Inc. ("ARC"), Autoliv Americas ("Autoliv"), Key Safety Systems ("Key Safety"), 

Toyoda Gosei North America Corporation ("Toyoda"), Daicel Safety Systems America, LLC ("Daicel"), and TRW 

Automotive ("TRW") which has subsequently become ZF TRW ("ZF TRW"). 

6 The correspondence sent to Takata and each of the Suppliers and Initial Vehicle Manufacturers, and their 

responses, are available for inspection in public Docket Number NHTSA-2015-0055. Given NHTSA's ongoing 

investigation into the defective Takata air bag inflators under EA15-001, the correspondence sent to Takata was in 

the form of a Special Order, with a cover letter. As with the other industry responses to the correspondence of June 

18-19, Takata's response to the Special Order was made publicly available as a comment to the Docket. 

6 

launch and completion, number of impacted vehicles, number of replacement air bag units 

needed, and plans and efforts for promptly conducting recall remedies and effectively reaching 

consumers. 

16. On September 22, 2015, NHTSA gathered supplemental data from additional 

vehicle manufacturers that NHTSA had learned were supplied with Takata air bag inflators 

containing phase-stabilized ammonium nitrate ("PSAN") 7 not covered by the Takata DIRs 

(collectively, the "Potential Expansion Vehicle Manufacturers"). Thereafter, each of these 

companies provided public comments to the docket responsive to the questions and issues raised 

in NHTSA's correspondence. 

17. On September 23 and 24, 2015, NHTSA convened problem-solving meetings 

with the Initial Vehicle Manufacturers to examine aggregate data and engage in a collaborative 

risk analysis to aid NHTSA in developing a principled, rational, risk-mitigation based approach 

for the prioritization and phasing ofrecall plans. Factors considered included those currently 

associated with a higher risk of inflator rupture, specifically: age of the inflator (with older 

inflators presenting a greater risk); geographic location of vehicles with the recalled inflators 

(with HAH areas presenting a greater risk); position of the inflator in the vehicle (with the driver 

side frontal air bag inflator presenting a greater risk of serious injury or death when a rupture 

occurs); and the presence ofrecalled inflators in both the driver and passenger side airbag 

modules. During the meetings, the Initial Vehicle Manufacturers provided input on factors 

supporting a technically supported risk-assessment methodology for the Inflator Recalls. 

Following the meeting, each Initial Vehicle Manufacturer submitted a vehicle prioritization list 

Correspondence was sent to Jaguar Land Rover North America, LLC ("Jaguar"); Mercedes-Benz US, LLC 

("Mercedes-Benz"); Spartan Motors, Inc. ("Spartan"); Suzuki Motor of America, Inc. ("Suzuki"); Tesla Motors, Inc. 

("Tesla"); Volkswagen Group of America, Inc. ("Volkswagen"); and Volvo Trucks NA ("Volvo"). The 

correspondence to each of these vehicle manufacturers, and their responses, are available for public inspection in 

public Docket Number NHTSA-2015-0055. 

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7 
that applied these factors, and other factors specific to their products, that prioritized vehicles 

into three risk categories. NHTSA analyzed these submissions and determined that the Initial 

Vehicle Manufacturers generally identified reasonable and appropriate priority groups based on 

the evidence known at this time. 

18. Throughout this process, the public has been able to engage in this dialogue 

through submissions to the public Docket, NHTSA-2015-0055. In addition to the actions set 

forth above, NHTSA reviewed and considered all public comments to the docket. 

19. While Takata is a manufacturer of air bag inflators, other Suppliers also 

manufacture inflators, some of which closely match the performance requirements of the 

original Takata inflator and thus can be modified and safely installed in Takata air bag modules 

for use as remedy parts for the Inflator Recalls. This is significant because Takata alone does 

not have sufficient manufacturing capacity to produce remedy inflators for the Initial Vehicle 

Manufacturers within an adequate timeframe. According to Takata, it was capable of 

manufacturing approximately 85,000 replacement kits per week as of October 30, 2014. 

Takata's production capacity increased to 91,000 replacement kits per week by December 1, 

2014, and to 122,000 replacement kits per week by January 26, 2015. By July 2015, Takata 

reported to NHTSA that, in May 2015, it had produced approximately 730,000 remedy inflators 

and 1,167,000 remedy kits, which included inflators obtained from other Suppliers. Takata 

further reported that these numbers were expected to reach 850,000 remedy inflators and 

1,900,000 remedy kits produced per month, including inflators obtained from other Suppliers, 

by October 2015. Takata also reported that, as of June 2015, it had produced a total of 

approximately 8,900,000 replacement inflators. However, this production is not all directed to 

the U.S. market; it also serves the global market requiring replacement air bag inflators. Even at 

8 

the increased rate of nearly 850,000 remedy inflators per month by October 2015, if working 

alone it would take Takata at least twenty-seven (27) months to produce enough remedy 

inflators for the Inflator Recalls, assuming all of that production went solely to the United States 

market. 

20. Further, some of the Takata driver inflators, sometimes referred to as containing 

propellant in the shape of a "batwing," have been used as interim replacement parts that will 

degrade if continuously exposed to long-term to HAH conditions, and are themselves subject to 

recall. These inflators will not be used as a final remedy of driver side frontal air bags. Further, 

Takata's passenger side frontal air bag inflators subject to the Inflator Recalls have not 

previously been recalled for vehicles later than model year 2008. 

21. The Initial Vehicle Manufacturers recognized the need to increase the remedy 

parts supply in order to have sufficient remedy parts available. To do so, they were required 

find alternative suppliers to meet their demands for remedy air bag inflator parts. The Initial 

Vehicle Manufacturers found that necessary alternative supply source in other inflator suppliers, 

specifically, Autoliv, Daicel, and ZF TRW (collectively, the "Alternative Inflator Suppliers"). 

22. According to Takata, in October 2015, the Alternative Inflator Suppliers were 

scheduled to provide over 1.9 million remedy inflator parts per month for installation in remedy 

air bag kits. This totaled approximately seventy percent (70%) of the 2.8 million remedy 

inflator kits produced by Takata that month for global demand. Nonetheless, the sheer volume 

ofremedy parts required across the vehicle manufacturing industry, for both U.S. and foreign 

markets, has created challenges for the Initial Vehicle Manufacturers in obtaining sufficient 

remedy parts to remedy all of the recalled inflators within a reasonable time. 

9 

23. Despite the efforts of each of the Initial Vehicle Manufacturers to procure 

remedy parts in a timely fashion, some vehicle manufacturers will not be able to obtain 

sufficient remedy parts to launch their remedy programs, in part or in full, until late 2015 or 

early 2016, more than six (6) months after filing their initial DIRs in regard to the Inflator 

Recalls. 

24. Further, pursuant to a November 3, 2015 Consent Order to Takata ("November 

2015 Takata Consent Order"), additional Takata air bag inflators not previously subject to a 

recall may need to be replaced. This would cause the Potential Expansion Vehicle 

Manufacturers to join the existing field oflnitial Vehicle Manufacturers (collectively, the 

"Vehicle Manufacturers") in need of remedy air bag inflator parts. 

25. Each time Takata air bag inflator recalls are issued under the November 2015 

Takata Consent Order, or current recalls are expanded, similar challenges will arise for the 

Vehicle Manufacturers regarding supply chain and the need for risk-assessments based on 

principled rationales that utilize the most-current available science and data. 

26. Throughout this sequence of events, Takata has conducted inflator testing in an 

effort to determine the "root cause" of the inflator ruptures and, by testing modules recovered 

from vehicles that have been remedied, to determine which inflators posed the greatest risk of 

rupture. While production issues at Takata manufacturing plants in Monclova, Mexico and 

Moses Lake, Washington, were identified early on as the purported root cause in some rupture 

incidents, those theories ( even if correct) do not account for the ongoing issues with inflator 

rupture. For example, inflators installed in vehicles spending many consecutive years of their 

service lives in hot and humid climates have also ruptured even though they appear to have been 

manufactured within Takata's specifications. While Takata now believes that the ruptures are 

10 

related to long-term exposure to HAH conditions, their root cause testing has not produced any 

conclusive answers regarding why the inflators rupture. 

27. Moreover, Takata has been unable to provide a definitive explanation for other 

inflators rupturing, including the rupture of an SSI-20 side air bag inflator on June 7, 2015, in a 

Volkswagen vehicle involved in a crash, or the rupture of a PSDI-X inflator during Takata's 

testing of an air bag module on September 29, 2015 with a resulting recall by Honda. Takata 

has also been unable to definitively explain the October 2015, rupture of an SSI-20 inflator 

during Takata quality control testing. It therefore appears to the agency that Takata continues to 

have ongoing quality control issues with the volatile, explosive compound it has chosen as the 

propellant for most of its air bag inflators: PSAN. 

28. While the ultimate responsibility for determining root cause rests squarely with 

Takata, testing has also been conducted by NHTSA and third parties in an effort to establish the 

root cause of the defect and to verify the results of Takata's testing of inflators returned from the 

field. NHTSA has conducted testing through Battelle Memorial Institute, 3D Engineering 

Solutions, and the Transportation Research Center of Ohio, testing organizations located in 

Ohio, to verify Takata's test results and examine the root cause of the defect. Testing has also 

been undertaken by the Independent Testing Coalition ("ITC"), which is comprised of BMW, 

FCA, Ford, GM, Honda, Mazda, Mitsubishi, Nissan, Subaru, and Toyota. Orbital ATK, a 

testing company located in Utah, has commenced testing on behalf of the ITC, and hopes to 

conclude root cause analysis in 2016. Multiple individual vehicle manufacturers have also 

conducted testing in efforts to confirm Takata's results or establish root cause for the defect. 

While this multitude of independent testing efforts have largely confirmed the observations 

made and patterns identified from Takata's test results, none of these efforts has identified any 

11 

specific root cause(s) for the propellant failures and inflator ruptures. While progress is being 

made, it is unknown when, or if, root cause will ever be definitively determined. 

29. Without a conclusive determination of root cause, the source.of the problems 

with certain Takata inflators remains unknown. What is known, however, is that the propellant 

in inflators covered by the Inflator Recalls and the recalls within the scope of this Order have, at 

various rates of frequency, a propensity to ignite and/or bum in an unexpected way that may 

cause the pressure inside the inflator to increase too quickly, causing the inflator to rupture. 

That rupture causes the metal canister of the inflator to break away in hot, shrapnel-like 

fragments, which shoot out of the air bag into the passenger cabin and towards the driver or any 

occupants who are nearby. 

30. As of October 30, 2015, there have been 99 confirmed incidents in the United 

States where a ruptured Takata air bag inflator allegedly caused death or injury. Many of these 

incidents resulted in serious injury to vehicle occupants. In seven of the incidents, the vehicle's 

driver died as a result of injuries sustained from the rupture of the air bag inflator. In other 

incidents, vehicle occupants suffered injuries including cuts or lacerations to the face or neck, 

broken or fractured facial bones, loss of eyesight, and broken teeth. The risk of these tragic 

consequences is greatest for individuals sitting in the driver seat, where one in ten individuals' 

whose air bag inflator ruptured has died. 

Findings 

Based upon the agency's analysis and judgment, and upon consideration of the entire 

record, NHTSA finds that: 

12 

31. (1) there is a risk of serious injury or death if the remedy program of each of the 

Initial Vehicle Manufacturers is not accelerated; (2) acceleration of each Initial Vehicle 

Manufacturer's remedy program can be reasonably achieved by expanding the sources of 

replacement parts; and (3) each Initial Vehicle Manufacturer's remedy program is not likely to 

be capable of completion within a reasonable time without acceleration. 

32. Each air bag inflator with the capacity to rupture, as the recalled Takata inflators 

do, presents an unreasonable risk of serious injury or death. Seven individuals have already been 

killed in the United States alone, with at least 92 more injured. Since the propensity for rupture 

increases with the age of the inflator, and increases even more when the vehicle has been 

exposed to consistent long-term HAH conditions, the risk for injurious or lethal rupture increases 

with each passing day. While each of the Initial Vehicle Manufacturers has made efforts towards 

the remedy of these defective air bag inflators, acceleration and coordination of the inflator 

remedy programs is necessary to reduce this risk to public safety. Acceleration and coordination 

will enable vehicle manufacturers to establish priorities based on principled rationales for riskassessment, coordinate on safety-focused efforts to successfully complete their respective 

remedy programs, and allow for the organization and prioritization of remedy parts, if and as 

needed, with NHTSA's oversight. 

33. Acceleration of the inflator remedy programs can be reasonably achieved by, 

among other things, expanding the sources of replacement parts. This acceleration can be 

accomplished in part by a vehicle manufacturer contracting with any of the Alternative Inflator 

Suppliers for remedy parts as Takata cannot manufacture sufficient remedy parts in a reasonable 

time for the estimated 23 million inflators in the U.S. market alone that require remedy under the 

Inflator Recalls. 

13 

34. In light of all the circumstances, including the safety risk discussed above, the 

Initial Vehicle Manufacturers' recall remedy programs are not likely capable of completion 

within a reasonable amount of time without acceleration of each remedy program. It is critical to 

the timely completion of each remedy program that the Initial Vehicle Manufacturers obtain 

remedy inflators from sources other than Takata. Takata's inflator production for October 2015 

will make up only around thirty percent (30%) of the remedy inflators produced that month. 

Further, Takata' s ability to supply remedy parts going forward may decrease, such that other 

Suppliers will need to fill the resulting void. 

35. Pursuant to the conditions for expansion of the recalls in the Takata DIRs for 

Recall Nos. 15E-042 and 15E-043, Paragraphs 27 - 30 of the November 2015 Takata Consent 

Order, and as otherwise agreed by Takata, and after consultation throughout this Coordinated 

Remedy Program Proceeding with Takata and all of the vehicle manufacturers affected by said 

Recalls, NHTSA further finds that continued testing and analysis of Takata air bag inflators is 

necessary. If circumstances warrant the issuance of an Order expanding the production or 

geographic scope of the Inflator Recalls, the agency will do so in accordance with the November 

2015 Takata Consent Order. 

36. The issuance of this Coordinated Remedy Order is an appropriate exercise of 

NHTSA's authority under the Safety Act, 49 U.S.C. § 30101, et seq., as delegated by the 

Secretary of Transportation, 49 C.F.R. §§ 1.95, 501.2(a)(l), to inspect and investigate, 49 

U.S.C. § 30166(b)(l), to ensure that defective vehicles and equipment are recalled and remedied 

and that owners are notified of a defect and how to have the defect remedied, 49 U.S.C. §§ 

30118-30120, to ensure the adequacy of the remedy, including through acceleration of the 

remedy program, 49 U.S.C. § 30120(c), to require vehicle manufacturers and equipment 

14 

manufacturers to keep records and make reports, 49 U.S.C. § 30166(e), and to require any person 

to file reports or answers to specific questions, 49 U.S.C. § 30166(g). 

37. This Coordinated Remedy Order, developed after taking into account the input 

and concerns of each of the Vehicle Manufacturers, Suppliers, Takata, other interested parties 

and the public, will reduce the risk of serious injury or death to the motoring public and enable 

the Initial Vehicle Manufacturers and Takata to implement, and complete, the necessary remedy 

programs on an accelerated basis. 

Accordingly, it is hereby ORDERED by NHTSA as follows: 

II. TERMS OF THE COORDINATED REMEDY ORDER. 

Priority Groups and Target Recall Program Completion Deadlines 

for the Coordinated Remedy Program 

38. Each Initial Vehicle Manufacturer has previously submitted to NHTSA a vehicle 

prioritization plan based on a risk-assessment that takes into account the primary factors related 

to Takata inflator rupture, as currently known and understood, and other factors specific to that 

vehicle manufacturer's products. The primary factors utilized by all of the Initial Vehicle 

Manufacturers are: (1) age of the inflator (with older presenting a greater risk of rupture); (2) 

geographic location of the inflator (with continuous long-term exposure to high absolute 

humidity ["HAH"] areas, 8 as defined by each vehicle manufacturer, presenting a greater risk of 

Each vehicle manufacturer has defined an HAR region for its vehicle prioritization and recall remedy 

program, resulting in slight variations as to which states and territories are included in the HAH area. However, all 

of the prioritizations include in the HAR area vehicles that were originally sold, or ever registered, in Alabama, 

Florida, Georgia, Hawaii, Louisiana, Mississippi, Texas, Puerto Rico, American Samoa, Guam, Saipan, and the U.S. 

Virgin Islands. None of the slight variations impact the risk mitigation established through this Order. 

15 

rupture); and (3) location of the Takata inflator in the vehicle (with both driver side and 

passenger side frontal air bag inflators in the same vehicle presenting the greatest risk of 

rupture,9 and driver side only presenting an elevated risk of rupture, resulting in serious injury or 

death). In order to timely and adequately complete its remedy program, each Initial Vehicle 

Manufacturer shall, pursuant to 49 U.S.C. § 30120(a)(l) and (c), carry out its remedy program in 

accordance with its prioritization plan as submitted to NHTSA. A complete listing of the 

vehicles in each priority group ("Priority Group") developed using the above risk factors is 

attached hereto as Annex A, 10 and is hereby incorporated by reference as if fully set forth herein. 

The Priority Groups are as follows: 

a. Priority Group 1 

Vehicles in Priority Group 1 are equipped with Takata inflators that pose the highest risk 

of rupture and thus the highest risk of injury or death to the vehicle occupants. Generally, 

Priority Group 1 vehicles are currently model year 2008 and earlier, and have spent time 11 in the 

· HAH region, and have either a recalled driver side inflator or both recalled driver side and 

passenger side inflators in the same vehicle. 

b. Priority Group 2 

Vehicles in Priority Group 2 are equipped with Takata inflators that pose an intermediate 

risk of rupture; that is, a lower risk of rupture and resulting injury or death to vehicle occupants 

9 All recalled Takata inflators have previously been determined to pose an unreasonable risk of death or 


serious injury in a crash, as established in the filing of each of the many DIRs for the recalled inflators. 


Comparative statements ofrisk in the priority groups are provided to explain relative risk among the inflators, all of 


which pose an unreasonable risk of death or serious injury in a crash. 


10 Because information about the risk factors may change throughout this Coordinated Remedy Program, 


these prioritizations are subject to change by a vehicle manufacturer, with NHTSA's oversight of the recall program 


including vehicle prioritization. 


11 While continuous long-term exposure to HAH is an identified risk factor, the Priority Groups take this into 


account by including in the risk-assessment vehicles originally sold or ever registered in the HAH region. Vehicle 


manufacturers are able to obtain registration information and have used that data in formulating their risk­


assessment based Priority Groups. 


16 

than the inflators and vehicles in Priority Group 1, but a higher likelihood of rupture and injury 

or death than vehicles in Priority Groups 3 and 4. Generally, Priority Group 2 includes: (1) all 

remaining vehicles with recalled driver side inflators (this includes, vehicles 2009 and newer, 

and/or vehicles with recalled driver inflators only that have not spent time in the HAH region), 

and; (2) vehicles with certain recalled passenger inflator types that have a higher rupture 

frequency and that have also spent time in the HAH region. 

c. Priority Group 3 

Vehicles in Priority Group 3 are equipped with Takata inflators that pose an unreasonable 

risk of serious injury or death to vehicle occupants and should be remedied as soon as possible 

following the remedy of the highest risk vehicles in Priority Groups 1 and 2. The likelihood of 

these inflators rupturing is lower than Priority Groups 1 and 2. Generally, Priority Group 3 

includes the remaining vehicles, specifically, vehicles that are model year 2009 and later and 

either: (1) are outside the HAH region and contain only a passenger side inflator, or; (2) are in 

the HAH region and contain a specific passenger side inflator type with a lower rupture rate (the 

PSPI type) than other passenger side inflator types. 

d. Priority Group 4 

Some Initial Vehicle Manufacturers are replacing recalled inflators with newly 

manufactured "like-for-like" inflators while they work towards an alternative, final remedy. 

Vehicles in Priority Group 4 include those vehicles with driver side frontal air bag inflators that 

have received, or will receive, an "interim remedy," meaning they have been, or will be, 

remedied with a Takata inflator that has been recalled, and will require a second remedy once the 

final remedy is available. 12 Once repaired with the interim remedy, these vehicles are at the 

NHTSA has entered into Remedy Agreements with BMW and Mazda, which can be found in the 

investigation file for EAlS-001 on www.safercar.gov. 

17 


12 
lowest risk of an inflator rupture because the inflator is new and has not yet been subject to longterm continuous exposure to HAH conditions. Unless specifically added at a later date to a 

higher Priority Group for re-remedy by their vehicle manufacturer, all remaining vehicles 

requiring a second, final, remedy of the inflator(s) are included in Priority Group 4. 

39. Pursuant to their obligations to remedy a defect within a reasonable time, as set 

forth in 49 U.S.C. § 30120(a)(l) and§ 30120(c)(2), each Initial Vehicle Manufacturer shall 

acquire a sufficient supply of remedy parts to enable it to provide remedy parts, in a manner 

consistent with customary business practices, upon demand to dealers within their dealer 

network by the timelines set forth in this Paragraph. Each Initial Vehicle Manufacturer shall 

ensure that it has a sufficient supply of remedy parts on the following schedule: 

Priority Group Sufficient Supply Timelines 

Priority Group 1 March 31, 2016 

Priority Group 2 September 30, 2016 

Priority Group 3 December 31, 2016 

40. Further pursuant to their obligations to remedy a defect within a reasonable time, 

as set forth in 49 U.S.C. § 30120(a)(l) and§ 30120(c)(2), each Initial Vehicle Manufacturer 

shall implement and execute its recall remedy program. pursuant to the Safety Act with the target 

deadline to complete the recall remedy program. for all vehicles in Priority Groups 1 through 3 of 

December 31, 201 7, and a target deadline to remedy all vehicles in Priority Group 4 of 

December 31, 2019, as shown below: 

Priority Group Remedy Completion Tar2et Deadline 

Priority Group 1 December 31, 201 7 

Priority Group 2 December 31, 201 7 

Priority Group 3 December 31, 201 7 

Priority Group 4 December 31, 2019 

18 

Remedy Completion Maximization Efforts 

41. Pursuant to 49 U.S.C. § 30166(e), within 90 days of this Order, a vehicle 

manufacturer recalling inflators subject to this Order shall provide to NHTSA and the Monitor 

(as set forth at Paragraph 44 below), a written recall engagement process or plan for maximizing 

remedy completion rates for all vehicles covered by the Inflator Recalls. Such a process or plan 

shall, at a minimum, include but not be limited to the methodology and techniques presented at 

the Retooling Recalls Workshop 13 held by NHTSA on April 28, 2015, at the U.S. Department of 

Transportation Headquarters. 

42. Pursuant to 49 U.S.C. § 30166(e), a vehicle manufacturer recalling inflators 

subject to this Order shall, upon request, provide to NHTSA and the Monitor any and all 

information demonstrating the reasonableness of the efforts made by that vehicle manufacturer to 

maximize remedy completion rates. 

43. The facts relating to supply, demand, and root cause may change during this 

Coordinated Remedy Program. Pursuant to Paragraph 32 of the November 2015 Takata Consent 

Order, Takata shall continue to cooperate with NHTSA in all ways to coordinate and accelerate 

remedy programs, and to adequately remedy the air bag inflators covered by the Inflator Recalls. 

Monitor 

44. Pursuant to Paragraphs 35 through 46 of the November 2015 Takata Consent 

Order, Takata has agreed to retain, at its sole cost and expense, an independent monitor (the 

"Monitor"). The Monitor's authority includes, among other things, certain monitoring, review 

and assessment of progress of the Coordinated Remedy Program and of compliance with this 

Order. The powers, rights and responsibilities of the Monitor are set forth more fully in the 

Each of the Initial Vehicle Manufacturers, other than Daimler Vans, registered to attend this Workshop. 

Presentations from the Workshop are available at: http://www.nhtsa.gov/nhtsa/symposiums/april20l5/index.html#. 

19 


13 
November 2015 Takata Consent Order, which are hereby incorporated by reference as if fully set 

forth herein. 

a. 	 The Monitor shall have the authority to take such reasonable steps, in the 

Monitor's view, as are necessary to be fully informed about the operations of 

the Coordinated Remedy Program and this Order. 

b. 	 It is expected that the Monitor will develop and implement written procedures 

and may make additional recommendations aimed at enhancing the 

Coordinated Remedy Program and ensuring that all Coordinated Remedy 

Program deadlines, including those in this Order, are met. 

c. 	 The Monitor is not intended to supplant NHTSA's authority over decisions 

related to the Coordinated Remedy Program, this Order, motor vehicle safety, 

or otherwise. If the Monitor identifies a problem or issue, the Monitor shall 

make appropriate recommendations to NHTSA and provide all supporting 

information, including information contrary to the Monitor's 

recommendation, to enable NHTSA to make an informed decision on that 

recommendation. 

d. 	 Takata and Vehicle Manufacturers, along with all of their respective officers, 

directors, employees, agents, and consultants, shall have an affirmative duty to 

cooperate with and assist the Monitor in connection with the Coordinated 

Remedy Program and this Order. 

Potential Future Recalls 

45. The provisions of the November 2015 Takata Consent Order regarding future 

recalls and possible future recalls, contained at Paragraphs 29- 30 of that document, are hereby 

20 

incorporated by reference into this Order. Accordingly, any future recall(s) of Takata inflators 

pursuant to, or contemplated by, Paragraphs 29 - 30 of that Order shall become part of the 

Coordinated Remedy Program established herein. 

46. Upon Takata's filing of a DIR pursuant to 49 CFR § 573, the affected vehicle 

manufacturer(s) shall timely file a DIR. Upon the filing of such DIRs NHTSA may, pursuant to 

49 U.S.C. §§ 30118-30119, 49 U.S.C. § 30120(c), 49 CFR § 573.14, and 49 U.S.C. § 30166(b), 

(c), and (e), convene a meeting with the affected vehicle manufacturers to take place within 

forty-five (45) days of Takata's DIR filing, at an appropriate location within the United States, as 

determined by NHTSA, to address issues related to the Coordinated Remedy Program including, 

but not limited to, establishing a risk-assessment framework for the prioritization of vehicles 

and/or phasing of remedy programs, as appropriate. Any such prioritizations shall be made 

publicly available, and shall be annexed to this Order, in a format similar to the Priority Group 

lists in Annex A of this Order. 

Record Keeping & Reports 

47. Pursuant to 49 U.S.C. § 30166(b), (c), (e), and (g), in carrying out any recall 

remedy program covered by this Order, each affected vehicle manufacturer and Takata shall 

make any report, submit any information, and accommodate any inspection and/or investigation, 

as requested by NHTSA or the Monitor. 

Miscellaneous 

48. NHTSA may, after consultation with affected vehicle manufacturers, and/or 

Takata, or upon a recommendation of the Monitor, modify or amend provisions of this Order to, 

among other things: account for and timely respond to newly obtained facts, scientific data, 

21 

changed circumstances, and/or other relevant information that may become available throughout 

the term of the Coordinated Remedy Program. This includes but is not limited to, changes to the 

Priority Groups contained in Annex A; allowing for reasonable extensions of time for the 

timelines contained in Paragraphs 39 and 40; facilitating further recalls as contemplated by 

Paragraphs 45 and 46; or for any other purpose arising under, or in connection with, the 

Coordinated Remedy Program and/or this Coordinated Remedy Order. 

49. This Coordinated Remedy Order shall become effective upon issuance by the 

NHTSA Administrator. In the event of a breach of, or failure to perform, any term of this Order 

by Takata or any vehicle manufacturer, NHTSA may pursue any and all appropriate remedies, 

including, but not limited to, actions compelling specific performance of the terms of this Order, 

and/or commencing litigation to enforce this Order in any United States District Court. 

50. This Coordinated Remedy Order shall not be construed to create rights in, or grant 

any cause of action to, any third party not subject to this Order. 

51. In carrying out the directives of this Coordinated Remedy Order, vehicle 

manufacturers and vehicle equipment manufacturers (i.e. suppliers) shall not engage in any 

conduct prohibited under the antitrust laws, or other applicable law. 

IT IS SO ORDERED: 

NATIONAL HIGHWAY TRAFFIC SAFETY 

ADMINISTRATION, 

U.S. DEPARTMENT OF TRANSPORTATION 

Dated: November 3, 2015 By: // ORIGINAL SIGNED BY// 

Mark R. Rosekind, Ph.D. 

Administrator 

22 

ANNEX A 


Coordinated Remedy Program Priority Groups 

In the Priority Groups listed below, the area of high absolute humidity ("HAH") is defined by 

each vehicle manufacturer individually, but in all instances includes vehicles originally sold or 

ever registered in Alabama, Florida, Georgia, Hawaii, Louisiana, Mississippi, Texas, Puerto 

Rico, American Samoa, Guam, Saipan, and the U.S. Virgin Islands. In limited instances, parts 

for some HAH recalls are currently only available to a limited area within the HAH with the 

highest risk of rupture. "Non-HAH" means any vehicle that has not been identified by the 

vehicle manufacturer as having been originally sold or ever registered in the HAH region, as 

defined by the vehicle manufacturer. 

PRIORITY GROUP 1 

BMW: 

2002-2006 BMW 3 Series, M3 (HAH) 

Daimler Vans USA: 

2007-2008 Freightliner Sprinter (HAH) 

2007-2008 Dodge Sprinter (HAH) 

Daimler Truck North America-DTNA: 

2008-2009 Sterling Bullet (HAH and non-HAH) 

FCA: 

2006-2008 Chrysler 300, 300C, SRT8 (HAH) 

2005 Chrysler 300, 300C, SRT8 (HAH and non-HAH) 

2008 Dodge Challenger (HAH) 

2006-2008 Dodge Charger (HAH) 

2005 Dodge Dakota (HAH) 

2004-2005 Dodge Durango (HAH) 

2006-2008 Dodge Magnum (HAH) 

2005 Dodge Magnum (HAH and non-HAH) 

2004-2005 Dodge Ram 1500, 2500, 3500 Pickup (HAH) 

Ford: 

2005-2006 Ford GT(HAH) 

2005-2008 Ford Mustang (HAH) 

2004-2005 Ford Ranger (HAH) 

GM:­

2003-2007 Pontiac Vibe (HAH) 

2005 GM-Saab 9-2X (HAH) 

Priority Group 1 continued ... 
Priority Group 1 continued from prior page ... 

Honda: 

2003 Acura 

2002-2003 Acura 

2001-2003 Honda 

2001-2003 Honda 

2004-2005 Honda 

2003-2005 Honda 

2003 Honda 

2002 Honda 

2003-2004 Honda 

2003-2006 Honda 

2002 Honda 

2003 Honda 

2004-2005 Honda 

2006 Honda 

Mazda: 

2003-2008 Mazda 

2004-2008 Mazda 

2006-2007 Mazda 

Mitsubishi: 

2004-2006 Mitsubishi 

2004 Mitsubishi 

2006-2009 Mitsubishi 

Nissan: 

2002-2003 Infiniti 

2002-2004 Nissan 

2002-2004 Nissan 

Subaru: 

2004-2005 Subaru 

2005 Subaru 

Toyota: 

2007 Lexus 

2003-2007 Toyota 

2003-2007 Toyota 

2005-2007 Toyota 

2003-2004 Toyota 

2005-2006 Toyota 

3.2CL (HAH and non-HAH) 


3.2TL (HAH and non-HAH) 


Accord (HAH and non-HAH) 


Civic (HAH and non-HAH) 


Civic (HAH) 


Civic IMA-Hybrid (HAH) 


Civic IMA-Hybrid (non-HAH) 


CR-V (HAH and non-HAH) 


CR-V (HAH) 


Element (HAH) 


Odyssey (HAH) 


Pilot (HAH and non-HAH) 


Pilot (HAH) 


Ridgeline (HAH) 


Mazda6 (HAH) 


RX8 (HAH) 


Speed6 (HAH) 


Lancer and Lancer Evolution (HAH) 


Lancer Sportback (HAH) 


Raider (HAH) 


QX4 (HAH) 


Pathfinder (HAH) 


Sentra (HAH) 


Impreza/WRX/STI (HAH) 


Legacy, Outback (HAH) 


SC430 (HAH) 


Corolla (HAH) 


Matrix (HAH) 


Sequoia (HAH) 


Tundra (HAH) 


Tundra (non-HAH) 


2 

PRIORITY GROUP 2 

BMW: 

2000-2001 BMW 

2002-2006 BMW 

2002-2003 BMW 

2003-2004 BMW 

Daimler Vans USA: 

2007-2008 Freightliner 

FCA: 

2006-2008 Chrysler 

2009-2010 Chrysler 

2005 Chrysler 

2007-2008 Dodge 

2008 Dodge 

2009-2010 Dodge 

2006-2008 Dodge 

2009-2010 Dodge 

2005-2011 Dodge 

2004-2008 Dodge 

2005 Dodge 

2006-2008 Dodge 

2004-2005 Dodge 

2003 Dodge 

2006-2009 Dodge 

2006 Dodge 

2007-2008 Dodge 

2008-2010 Dodge 

2007-2008 Dodge 

Ford: 

2005-2006 Ford 

2005-2008 Ford 

2009-2014 Ford 

2006 Ford 

GM: 

2003-2007 Pontiac 

2007-2008 Chev/GMC 

3 Series (HAH) 


3 Series (non-HAH) 


5 Series (HAH and non-HAH) 


X5 SUV (HAH and non-HAH) 


Sprinter (non-HAH) 


300, 300C, SRT8 (non-HAH) 


300, 300C, SRT8 (HAH andnon-HAH) 


300, 300C, SRT8 (HAH) 


Aspen (HAH and non-HAH) 


Challenger (non-HAH) 


Challenger (HAH) 


Charger (non-HAH) 


Charger (HAH and non-HAH) 


Dakota (HAH and non-HAH) 


Durango (HAH and non-HAH) 


Magnum (HAH) 


Magnum (non-HAH) 


Ram 1500 Pickup (HAH) 


Ram 1500, 2500, 3500 Pickup (HAH and non-HAH) 


Ram 1500, 2500, 3500 Pickup (HAH and non-HAH) 


Ram 2500 (HAH) 


Ram 3500 Cab Chassis (HAH and non-HAH) 


Ram 4500, 5500 Cab Chassis (HAH and non-HAH) 


Sprinter (non-HAH) 


GT(HAH) 


Mustang (non-HAH) 


Mustang (HAH) 


Ranger (HAH) 


Vibe (non-HAH) 


Silverado/Sierra (HAH) 


Priority Group 2 continued ... 

3 
Priority Group 2 continued from prior page ... 

Honda: 

2003-2006 Acura 

2004-2007 Honda 

2004-2005 Honda 

2004-2005 Honda 

2005-2006 Honda 

2003-2006 Honda 

2007-2011 Honda 

2003-2007 Honda 

2003-2004 Honda 

2002-2004 Honda 

2006-2008 Honda 

2004-2007 Honda 

2006 Honda 

Mazda: 

2003-2008 Mazda 

2004-2006 Mazda 

2004-2005 Mazda 

2004-2008 Mazda 

2006-2007 Mazda 

Mitsubishi: 

2004-2006 Mitsubishi 

2004 Mitsubishi 

2006-2009 Mitsubishi 

Nissan: 

2003 Infiniti 

2001 Infiniti 

2002-2003 Infiniti 

2002-2003 Infiniti 

2001-2003 Nissan 

2002-2004 Nissan 

2004-2006 Nissan 

Subaru: 

2003-2005 Subaru 

MDX (HAH and non-HAH) 


Accord (HAH and non-HAH) 


Civic (non-HAH) 


Civic Hybrid (non-HAH) 


CR-V (HAH) 


CR-V (non-HAH) 


Element (HAH) 


Element (non-HAH) 


Odyssey (HAH) 


Odyssey (non-HAH) 


Pilot (HAH) 


Pilot (non-HAH) 


Ridgeline (non-HAH) 


Mazda6 (non-HAH) 


B-Series (HAH) 


MPV(HAH) 


RX8 (non-HAH) 


Speed6 (HAH) 


Lancer, Lancer Evolution (non-HAH) 


Lancer Sportback (non-HAH) 


Raider (non-HAH) 


FX(HAH) 


I30 (HAH) 


I35 (HAH) 


QX4 (non-HAH) 


Maxima (HAH) 


Pathfinder (HAH and non-HAH) 


Sentra (HAH and non-HAH) 


Legacy, Outback, Baja (HAH) 


Priority Group 2 continued ... 

4 

Priority Group 2 continued from prior page ... 

Toyota: 

2007 

2003-2007 

2003-2007 

2004-2005 

2002-2004 

2005-2007 

2003-2004 

2005-2006 

Lexus 


Toyota 


Toyota 


Toyota 


Toyota 


Toyota 


Toyota 


Toyota 


SC430 (non-HAH) 

Corolla (non-HAH) 

Matrix (non-HAH) 

RAV4 (HAH andnon-HAH) 

Sequoia (HAH) 

Sequoia (non-HAH) 

Tundra (HAH) 

Tundra (non-HAH) 

5 

PRIORITY GROUP 3 

BMW: 

2000-2001 BMW 

Daimler Vans USA: 

2007-2008 Freightliner 

2007-2008 Dodge 

Ford: 

2005-2006 Ford 

2009-2014 Ford 

2004-2006 Ford 

GM: 

2007-2008 Chev/GMC 

2005 GM-Saab 

Honda: 

2005 Honda 

2008-2011 Honda 

2008 Honda 

Mazda: 

2004-2006 Mazda 

Nissan: 

2003 Infiniti 

2004-2005 Infiniti 

2001 Infiniti 

2002-2004 Infiniti 

2006 Infiniti 

2001-2003 Nissan 

Subaru: 

2004-2005 Subaru 

2003-2004 Subaru 

Toyota: 

2002-2006 Lexus 

2002-2004 Toyota 

2003-2004 Toyota 

3 Series (non-HAH) 


Sprinter (non-HAH) 


Sprinter (non-HAH) 


GT (non-HAH) 


Mustang (non-HAH) 


Ranger (non-HAH) 


Silverado/Sierra (non-HAH) 


9-2X (non-HAH) 


RL (HAH and non-HAH) 


Element (non-HAH) 


Pilot (non-HAH) 


B-Series (non-HAH) 


FX (non-HAH) 


FX (HAH and non-HAH) 


I30 (non-HAH) 


I35 (HAH and non-HAH) 


M (HAH and non-HAH) 


Maxima (non-HAH) 


Impreza/WRX/STI (non-HAH) 


Legacy, Outback, Baja (non-HAH) 


SC430 (HAH and non-HAH) 


Sequoia (non-HAH) 


Tundra (non-HAH) 


6