DEPARTMENT OF TRANSPORTATION mistakenly attempt to use the DEPARTMENT OF TRANSPORTATION
mislabeled end fittings with a hose, National Highway Traffic Safety instead of plastic tubing, the National Highway Traffic Safety Administration incompatibility would be obvious Administration [Docket No. NHTSA–2005–22118; Notice 1] because the diameters would not [Docket No. NHTSA–2005–22176; Notice 1] match.’’ Eaton states that therefore, Eaton Aeroquip, Inc., Receipt of ‘‘there is no potential that the Nissan Motor Company and Nissan Petition for Decision of mislabeled end fittings could be used North America, Receipt of Petition for Inconsequential Noncompliance improperly, and there could be no Decision of Inconsequential resulting issue of motor vehicle safety.’’ Noncompliance Eaton Aeroquip, Inc. (Eaton) has determined that the end fittings that it Interested persons are invited to Nissan Motor Company, Ltd. and produced for nylon air brake hoses do submit written data, views, and Nissan North America, Inc. (Nissan) not comply with S7.2.2(d) of 49 CFR arguments on the petition described have determined that certain vehicles 571.106, Federal Motor Vehicle Safety above. Comments must refer to the that they produced in 2004 through Standard (FMVSS) No. 106, ‘‘Brake docket and notice number cited at the 2005 do not comply with S9.2.2 of 49 hoses.’’ Eaton has filed an appropriate beginning of this notice and be CFR 571.225, Federal Motor Vehicle report pursuant to 49 CFR Part 573, submitted by any of the following Safety Standard (FMVSS) No. 225, ‘‘Defect and Noncompliance Reports.’’ methods. Mail: Docket Management ‘‘Child restraint anchorage systems.’’ Pursuant to 49 U.S.C. 30118(d) and Facility, U.S. Department of Nissan has filed an appropriate report 30120(h), Eaton has petitioned for an Transportation, Nassif Building, Room pursuant to 49 CFR part 573, ‘‘Defect exemption from the notification and PL–401, 400 Seventh Street, SW., and Noncompliance Reports.’’ remedy requirements of 49 U.S.C. Washington, DC, 20590–0001. Hand Pursuant to 49 U.S.C. 30118(d) and Chapter 301 on the basis that this 30120(h), Nissan has petitioned for an Delivery: Room PL–401 on the plaza noncompliance is inconsequential to exemption from the notification and level of the Nassif Building, 400 motor vehicle safety. remedy requirements of 49 U.S.C. Seventh Street, SW., Washington, DC. It This notice of receipt of Eaton’s Chapter 301 on the basis that this is requested, but not required, that two noncompliance is inconsequential to petition is published under 49 U.S.C. copies of the comments be provided. 30118 and 30120 and does not represent motor vehicle safety. The Docket Section is open on This notice of receipt of Nissan’s any agency decision or other exercise of weekdays from 10 a.m. to 5 p.m. except petition is published under 49 U.S.C. judgment concerning the merits of the Federal Holidays. Comments may be 30118 and 30120 and does not represent petition. Affected are a total of approximately submitted electronically by logging onto any agency decision or other exercise of 7,784,614 end fittings produced from the Docket Management System Web judgment concerning the merits of the 2001 to June 30, 2005, plus an site at http://dms.dot.gov. Click on petition. indeterminate number of end fittings ‘‘Help’’ to obtain instructions for filing Affected are a total of approximately produced prior to 2001 for which the document electronically. Comments 24,655 model year (MY) 2005 Infiniti FX records are not available (Eaton may be faxed to 1–202–493–2251, or vehicles manufactured from September acquired the end fitting manufacturing may be submitted to the Federal 1, 2004 to July 13, 2005; 167 MY 2005 business on November 1, 2002). eRulemaking Portal: go to http:// Infiniti Q45 vehicles with rear power S7.2.2(d) of FMVSS No. 106 requires www.regulations.gov. Follow the online seats manufactured from September 1, that each fitting shall be etched, instructions for submitting comments. 2004 to June 30, 2005; and 65,361 MY embossed, or stamped with 2005 Nissan Maxima vehicles The petition, supporting materials, manufactured from September 1, 2004 (d) The * * * outside diameter of the and all comments received before the plastic tubing to which the fitting is properly to July 11, 2005. close of business on the closing date S9.2.2 of FMVSS No. 225 requires: attached expressed in inches or fractions of indicated below will be filed and will be inches or in millimeters followed by the With adjustable seats adjusted as described considered. All comments and letters OD * * * in S9.2.3, each lower anchorage bar shall be supporting materials received after the located so that a vertical transverse plane The subject end fittings are missing closing date will also be filed and will tangent to the front surface of the bar is (a) the letters OD from their labels. be considered to the extent possible. Not more than 70 mm behind the Eaton believes that the When the petition is granted or denied, corresponding point Z of the CRF [child noncompliance is inconsequential to notice of the decision will be published restraint fixture], measured parallel to the motor vehicle safety and that no in the Federal Register pursuant to the bottom surface of the CRF and in a vertical corrective action is warranted. Eaton authority indicated below. longitudinal plane, while the CRF is pressed states that the purpose of the letters OD against the seat back by the rearward on the label is to indicate that the Comment closing date: September 26, application of a horizontal force of 100 N at measurement refers to the outside 2005. point A on the CRF. diameter of a plastic tube as opposed to Authority: 49 U.S.C. 30118, 30120: The lower anchorage bars in the the inside diameter. Eaton points out Delegations of authority at CFR 1.50 and subject vehicles do not comply with this that if the end user was to assume that 501.8. requirement. Nissan states that tests the measurement referred to the inside performed for NHTSA by MGA, Inc. Issued on: August 19, 2005. diameter because of the absence of the revealed a noncompliance in a 2005 letters OD, it ‘‘would be physically Ronald L. Medford, Infiniti FX, and Nissan subsequently impossible, for example, to insert a 1⁄2 Senior Associate Administrator for Vehicle investigated its vehicle models on this inch inside diameter hose into an end Safety. issue. fitting made for 1⁄2 inch outside [FR Doc. 05–16860 Filed 8–24–05; 8:45 am] Nissan believes that the diameter plastic tubing.’’ According to BILLING CODE 4910–59–P noncompliance is inconsequential to Eaton, ‘‘if an end-user were to motor vehicle safety and that no
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