Notice2023-10704
Rivian Automotive, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 19, 2023
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Rivian Automotive, LLC (Rivian) has determined that certain model year (MY) 2022 Rivian Electric Delivery Van (EDV) motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection. Rivian filed a noncompliance report dated October 24, 2022, and amended the report on November 14, 2022. Rivian subsequently petitioned NHTSA (the "Agency") on November 15, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of Rivian's petition.
Full Text
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<title>Federal Register, Volume 88 Issue 97 (Friday, May 19, 2023)</title>
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[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32275-32277]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10704]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2022-0112; Notice 1]
Rivian Automotive, LLC, Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: Rivian Automotive, LLC (Rivian) has determined that certain
model year (MY) 2022 Rivian Electric Delivery Van (EDV) motor vehicles
do not fully comply with Federal Motor
[[Page 32276]]
Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection.
Rivian filed a noncompliance report dated October 24, 2022, and amended
the report on November 14, 2022. Rivian subsequently petitioned NHTSA
(the ``Agency'') on November 15, 2022, for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.
This document announces receipt of Rivian's petition.
DATES: Send comments on or before June 20, 2023.
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:
<bullet> 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.
<bullet> Hand Delivery: Deliver comments by hand 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. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
<bullet> Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Follow the online instructions for submitting
comments.
<bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
FOR FURTHER INFORMATION CONTACT: Syed Rahaman, General Engineer, NHTSA,
Office of Vehicle Safety Compliance, (202) 366-7018.
SUPPLEMENTARY INFORMATION:
I. Overview: Rivian determined that certain MY 2022 Rivian EDV
motor vehicles do not fully comply with paragraph S4.5.1(b)(5)(i) of
FMVSS No. 208, Occupant Crash Protection (49 CFR 571.208).
Rivian filed a noncompliance report dated October 24, 2022, and
amended the report on November 14, 2022, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports. Rivian petitioned
NHTSA on November 15, 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 Rivian'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 1,278 MY 2022 Rivian EDV motor
vehicles, manufactured between December 10, 2021, and September 27,
2022, were reported by the manufacturer.
III. Noncompliance: Rivian explains that a label displaying the
subject vehicle's clearance height is affixed to the same side of the
sun visor containing the air bag warning label, therefore, the subject
vehicles do not comply with paragraph S4.5.1(b)(5)(i) of FMVSS No. 208.
IV. Rule Requirements: Paragraph S4.5.1(b)(5)(i) of FMVSS No. 208
includes the requirements relevant to this petition. S4.5.1(b)(5)(i)
requires that except for the information on an air bag maintenance
label placed on the sun visor pursuant to S4.5.1(a) of FMVSS No. 208,
or on a utility vehicle warning label placed on the sun visor that
conforms in content, form, and sequence to the label shown in Figure 1
of FMVSS No. 105, no other information shall appear on the same side of
the sun visor to which the sun visor air bag warning label is affixed.
V. Summary of Rivian's Petition: The following views and arguments
presented in this section, ``V. Summary of Rivian's Petition,'' are the
views and arguments provided by Rivian. They have not been evaluated by
the Agency and do not reflect the views of the Agency. Rivian describes
the subject noncompliance and contends that the noncompliance is
inconsequential as it relates to motor vehicle safety.
Rivian states that the air bag warning label that is affixed to the
sun visor in the subject vehicles meets the FMVSS No. 208 content
requirements and is displayed as intended by the standard. In addition
to this compliant label, there is another label affixed to the sun
visor that indicates the clearance height of the subject vehicle.
Rivian believes that the vehicle clearance height label included on the
sun visor is inconsequential to motor vehicle safety because the
subject vehicles are exclusively used in a single fleet of delivery
vehicles that are driven by professional drivers. Rivian explains that
the subject vehicles are walk-in vans in which the driver's seat is the
only designated seating position and drivers are required to wear their
seatbelts when operating the subject vehicle. Because of the vehicle's
intended usage, Rivian believes that the subject noncompliance does not
affect the efficacy of the information provided by the air bag warning
label.
Furthermore, Rivian contends that the purpose of the requirement
that no other information be present with the air bag warning label is
to mitigate ``the potential for children to be placed at a seating
position that is equipped with an air bag and also inform of the
precautions the vehicle occupant may take to protect themselves from
being injured by a deploying air bag'' Rivian believes that this is not
a risk because there is no expectation that a child would be present in
or around the subject vehicle. Rivian states that if a child were to
occupy the driver's seat, the brake transmission shift interlock that
is required by FMVSS No. 114 would prevent the child from operating the
vehicle, thus there would be no way for the air bags to be deployed.
[[Page 32277]]
Additionally, Rivian says that the drivers of the subject vehicles
are required to use the seatbelt at all times and the information
provided by the air bag warning label is visible, easy to read, and not
positioned near the vehicle clearance height label. Therefore, Rivian
believes that there is no indication that the addition of the
noncompliant vehicle clearance height label would cause a driver of the
subject vehicle to confuse the message of the air bag warning label.
Rivian believes that the reason NHTSA determined that no other
types of information are allowed to be displayed on the same side of
the sun visor as the air bag warning label was to maximize the
effectiveness of the label's content by ensuring that there is
consistent and uniform messaging to consumers. Rivian quotes NHTSA's
decision on a similar petition from Maserati: ``The purpose of [the air
bag warning label in] FMVSS No. 208 is to reduce the adverse effects of
air bags by attracting the attention of vehicle occupants to look for
the air bag warning label on the sun visor.'' \1\
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\1\ See Grant of Petition of Maserati, 87 FR 54749, September 7,
2022).
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Rivian contends that in past inconsequentiality petitions, NHTSA
determined ``that the manner in which a particular subset of vehicles
is used bears upon the inconsequential nature of the air bag warning
label noncompliance.'' Further, Rivian says that NHTSA has previously
granted inconsequentiality for a noncompliance involving the placement
of the air bag warning label in a vocational vehicle and found that due
to the nature and intended use of the affected vehicles, it would be
unlikely for children to be placed in the front passenger seating
area.\2\
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\2\ See Grant of Petition of Spartan Motors, 81 FR 87654,
December 5, 2016
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Rivian adds that NHTSA granted prior petitions in which the air bag
warning label deviated from the exact language that is required by the
standard.\3\ Although those petitions related to the language that was
used in the advanced air bag warning label, Rivian contends that
NHTSA's rationale for those determinations still applies in the present
case.
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\3\ See Grant of Petition to Bentley Motors, 72 FR 71734,
December 12, 2007; see also Grant of Petition to BMW, 71 FR 78511,
December 29, 2006.
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Rivian states that the subject noncompliance has been corrected for
vehicles in production. Rivian says it is not aware of any crash,
death, injury, field report, or claims related to the subject
noncompliance.
Rivian concludes by stating its belief 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 Rivian no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicles distributors and dealers 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 Rivian 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.
[FR Doc. 2023-10704 Filed 5-18-23; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on May 19, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.