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Public Hearing To Determine Whether Wildfire Has Met Remedy Requirements

American Government Special Collections Reference Desk

American Government Topics:  Wildfire

Public Hearing To Determine Whether Wildfire Has Met Remedy Requirements

Daniel C. Smith
National Highway Traffic Safety Administration
September 25, 2012


[Federal Register Volume 77, Number 186 (Tuesday, September 25, 2012)]
[Notices]
[Pages 59036-59039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23606]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0134]


Public Hearing To Determine Whether Wildfire Has Met Remedy 
Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of public hearing.

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SUMMARY: NHTSA will hold a public hearing on whether Snyder Computer 
Systems, Inc. and Snyder Systems, Inc., also known as Wildfire Motors 
(Wildfire),\1\ of Steubenville, Ohio, have reasonably met their 
obligation to remedy noncompliances with Federal Motor Vehicle Safety 
Standard (FMVSS) No. 122, Motorcycle brake systems, in a recall 
involving Model Year (MY) 2009 WF650-C three-wheeled vehicles, which 
Wildfire imported from China.
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    \1\ Wildfire Motors is a registered trade name of Snyder 
Computer Systems, Inc. In correspondence with NHTSA, Wildfire has 
also used the corporate name Snyder Systems, Inc.

DATES: The public hearing will be held beginning at 10 a.m. ET on 
October 15, 2012 in the Oklahoma City room of the U.S. Department of 
Transportation Conference Center, located at 1200 New Jersey Avenue 
SE., Washington, DC 20590. NHTSA recommends that all persons attending 
the proceedings arrive at least 45 minutes early in order to facilitate 
entry into the Conference Center. NHTSA cannot ensure that late 
arrivals will be permitted access to the hearing. Attendees are 
strongly discouraged from bringing laptop computers to the hearing, as 
they will be subject to additional security measures. If you wish to 
attend or speak at the hearing, you must register in advance no later 
than October 9, 2012 (and October 4, 2012 for non-U.S. citizens), by 
following the instructions in the Procedural Matters section of this 
notice. NHTSA will consider late registrants to the extent time and 
space allows, but cannot ensure that late registrants will be able to 
attend or speak at the hearing. To ensure that NHTSA has an opportunity 
to consider comments, NHTSA must receive written comments by October 9, 
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2012.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Regardless of how you submit your comments, you should mention the 
docket number of this document.
    You may call the Docket at 202-366-9324.
    Note that all comments received will be posted without change to 
http://www.regulations.gov, including any personal information 
provided.

FOR FURTHER INFORMATION CONTACT: For registration to attend or speak at 
the public hearing: Sabrina Fleming, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 
(Telephone: 202-366-9896) (Fax: 202-366-3081). For hearing procedures: 
Kerry Kolodziej, Office of the Chief Counsel, National Highway Traffic 
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 
(Telephone: 202-366-5263) (Fax: 202-366-3820). Information regarding 
the recall is available on NHTSA's Web site: http://www.safercar.gov. 
To find this recall: (1) In the drop-down menu under ``Safety 
Recalls,'' search for a recall by vehicle; (2) select model year 2009; 
(3) select Wildfire as the make; (4) select WF650-C as the model; and 
(5) click ``Retrieve Recalls.'' Once information on Recall No. 12V-031 
is displayed, clicking on the ``Document Search'' button will display 
recall-related documents.

SUPPLEMENTARY INFORMATION: Pursuant to 49 U.S.C. 30120(e) and 49 CFR 
557.6(d) and 557.7, NHTSA has decided to hold a public hearing on 
whether Wildfire has reasonably met its obligation under the National 
Traffic and Motor Vehicle Safety Act, as amended (Safety Act), to 
remedy the MY 2009 Wildfire WF650-C's noncompliances with FMVSS No. 
122, Motorcycle brake systems. The noncompliances are the subject of a 
recall campaign, Recall No. 12V-031.

I. Initiation of a Recall

    A manufacturer of a motor vehicle that decides in good faith that 
the vehicle does not comply with an applicable FMVSS must notify NHTSA 
by submitting a Defect and Noncompliance Information Report, commonly 
referred to as a Part 573 Report. 49 U.S.C. 30118(c); 49 CFR 573.6.\2\ 
A Part 573 Report shall be submitted not more than 5 working days after 
a noncompliance with a FMVSS has been determined to exist. 49 CFR 
573.6(b). The manufacturer must subsequently file quarterly reports 
with NHTSA containing information including the number of vehicles that 
have been remedied. 49 CFR 573.7.
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    \2\ In addition to its notification to NHTSA, if the 
manufacturer of a motor vehicle decides in good faith that the 
vehicle does not comply with an applicable FMVSS, the manufacturer 
must notify owners, purchasers, and dealers of the vehicle of the 
noncompliance. 49 U.S.C. 30118(c); see 49 CFR part 573; 49 CFR part 
577.
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    Pursuant to the Safety Act, a ``manufacturer'' of a motor vehicle 
is a person manufacturing or assembling motor vehicles, or a person 
importing motor vehicles for resale. 49 U.S.C. 30102(a)(5). Both the 
importer of a motor vehicle and the fabricating manufacturer of the 
vehicle are responsible for remedying any noncompliance determined to 
exist in the vehicle. 49 CFR 573.5(a). As to imported motor vehicles, 
compliance with recall regulations by either the fabricating 
manufacturer or the importer of the vehicle shall be considered 
compliance by both. 49 CFR 573.3(b).

II. Remedy Requirements

    A manufacturer of a noncomplying motor vehicle is required to 
remedy the vehicle without charge. 49 U.S.C. 30120(a). The manufacturer 
may remedy the noncompliance by repairing the vehicle, by replacing the 
vehicle with an identical or reasonably equivalent vehicle, or by 
refunding the purchase

[[Page 59037]]

price, less a reasonable allowance for depreciation. 49 U.S.C. 
30120(a). If a manufacturer decides to repair a noncomplying motor 
vehicle and the repair is not done adequately within a reasonable time, 
the manufacturer shall replace the vehicle without charge with an 
identical or reasonably equivalent vehicle, or refund the purchase 
price, less a reasonable allowance for depreciation. 49 U.S.C. 
30120(c).
    On its own motion or on application by any interested person, NHTSA 
may conduct a hearing to decide whether a manufacturer has reasonably 
met the remedy requirements. 49 U.S.C. 30120(e). If NHTSA decides that 
the manufacturer has not reasonably met the remedy requirements, it 
shall order the manufacturer to take specified action to meet those 
requirements, including by ordering the manufacturer to refund the 
purchase price of the noncomplying vehicles, less a reasonable 
allowance for depreciation. 49 U.S.C. 30120(a), (c), (e). NHTSA may 
also take any other action authorized by the Safety Act, including 
assessing civil penalties. See 49 U.S.C. 30120(e), 30165(a)(1). A 
person that violates the Safety Act, including its remedy requirements, 
or regulations prescribed thereunder, is liable to the United States 
Government for a civil penalty of not more than $6,000 for each 
violation. A separate violation occurs for each motor vehicle and for 
each failure to perform a required act. The maximum penalty for a 
related series of violations is $17,350,000. 49 U.S.C. 30165(a)(1); 49 
CFR 578.6.

III. MY 2009 Wildfire WF650-C

    The MY 2009 WF650-C is a three-wheeled vehicle with an enclosed cab 
body style. As a three-wheeled vehicle, the MY 2009 WF650-C is subject 
to the FMVSSs for motorcycles. See 49 CFR 571.3(b).
    Wildfire is the importer of the MY 2009 WF650-C and the registered 
agent for the fabricating manufacturer, Taixing Sandi Motorcycle Co., 
Ltd. (TSM) of China. Don Snyder is the President and CEO of the 
privately held Wildfire.

A. NHTSA's Investigation of the MY 2009 WF650-C

1. NHTSA's Testing and Apparent Noncompliances Identified
    In 2009, NHTSA tested a NHTSA-owned MY 2009 WF650-C for compliance 
with FMVSS No. 122, Motorcycle brake systems, at Transportation 
Research Center Inc. (TRC) in East Liberty, Ohio.\3\
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    \3\ See NHTSA, Safety Compliance Testing for FMVSS 122, Final 
Report No. 122-TRC-11-001 (Aug. 18, 2011). The test report is 
publicly available by searching on http://www.nhtsa.gov/cars/problems/comply/.
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    NHTSA identified multiple apparent noncompliances with FMVSS No. 
122. First, the vehicle did not comply with the first effectiveness 
requirement of FMVSS No. 122, S5.2.1, Service brake system, because the 
service brakes were not capable of stopping the motorcycle from 30 
m.p.h. within 54 feet during NHTSA's testing.\4\ Due to this apparent 
noncompliance with the stopping distance requirements, NHTSA terminated 
its testing following this first (preburnished) effectiveness testing. 
Additionally, NHTSA observed that the vehicle did not comply with FMVSS 
No. 122, S5.1.2.1, Master cylinder reservoirs, because it did not have 
a separate reservoir for each brake circuit with each reservoir filler 
opening having its own cover, seal, and cover retention device. NHTSA 
notified Wildfire of these apparent noncompliances on December 18, 
2009.\5\
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    \4\ The vehicle also was unable to stop from 45 m.p.h. within 
121 feet, as required by the Standard, based on several attempted 
stops.
    \5\ Letter from H. Thompson, NHTSA to D. Snyder, Wildfire (Dec. 
18, 2009).
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    NHTSA also later identified and notified Wildfire of two additional 
apparent noncompliances with other requirements of FMVSS No. 122. 
First, the vehicle did not comply with FMVSS No. 122, S5.1.2.2, 
Reservoir labeling, because there was no label as required. Second, the 
vehicle did not comply with FMVSS No. 122, S5.1.3.1, Failure indicator 
lamp, because the vehicle did not have a failure indicator lamp (which 
is required to activate for pressure failure, low fluid, and 
momentarily when the ignition switch is turned to the ``on'' or 
``start'' position).\6\
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    \6\ See Letter from C. Harris, NHTSA to D. Snyder, Wildfire 
(sent Dec. 27, 2011).
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2. Wildfire's Response to Apparent Noncompliances Identified By NHTSA
    Although NHTSA provided Wildfire with information in December 2009 
regarding the apparent noncompliances with the stopping distance and 
master cylinder reservoir requirements, Wildfire did not acknowledge at 
that time that the MY 2009 WF650-C failed to comply with FMVSS No. 122. 
NHTSA's December 2009 letter requested certain information from 
Wildfire, to further its investigation of the apparent 
noncompliances.\7\ Wildfire responded on March 5, 2010 and made the 
unsubstantiated allegation (on behalf of TSM) that the NHTSA-owned 
vehicle's brakes must have been out of adjustment, and therefore it was 
not a representative vehicle.\8\ Wildfire claimed that when TSM 
conducted brake testing in China, ``the result was the brakes were 
fine.'' \9\ Wildfire provided an untranslated Chinese test report. 
However, that report did not appear to indicate that any stopping 
distance tests were performed. Wildfire also indicated that it 
conducted its own stopping distance tests, but did not provide any 
documentation evidencing that those tests were consistent with FMVSS 
No. 122.\10\ Wildfire did not provide any response regarding the 
apparent noncompliance with FMVSS No. 122, S5.1.2.1, Master cylinder 
reservoirs.
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    \7\ Letter from H. Thompson, NHTSA to D. Snyder, Wildfire (Dec. 
18, 2009).
    \8\ See Email from A. Tipton, Wildfire to S. Seigel, NHTSA (Mar. 
5, 2010).
    \9\ Email from A. Tipton, Wildfire to S. Seigel, NHTSA (Mar. 5, 
2010).
    \10\ See Letter from C. Harris, NHTSA to D. Snyder, Wildfire 
(sent Dec. 27, 2011).
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    After NHTSA notified Wildfire that its response was deficient, 
Wildfire purported to conduct stopping distance testing on a vehicle in 
April 2010.\11\ The testing data provided by Wildfire did not appear 
realistic, and NHTSA sought additional documentation from Wildfire.\12\ 
Instead, Wildfire inquired, in June 2010, if it could make arrangements 
to observe the NHTSA-owned vehicle at TRC.\13\ In August 2010, Wildfire 
specifically requested retesting of the NHTSA-owned vehicle and the 
opportunity to make adjustments to the vehicle.\14\
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    \11\ Letter from C. Harris, NHTSA to D. Snyder, Wildfire (sent 
Dec. 27, 2011).
    \12\ See Letter from C. Harris, NHTSA to D. Snyder, Wildfire 
(sent Dec. 27, 2011).
    \13\ See Letter from C. Harris, NHTSA to D. Snyder, Wildfire 
(sent Dec. 27, 2011).
    \14\ See Letter from C. Harris, NHTSA to D. Snyder, Wildfire 
(sent Dec. 27, 2011).
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    After making arrangements with NHTSA, on September 28, 2010, 
Wildfire representatives inspected the vehicle at TRC and adjusted and 
bled the brakes. Wildfire claimed that these adjustments would allow 
the vehicle to comply with the stopping distance requirements. However, 
the adjustments did not materially change the results. When the vehicle 
was retested on September 30, 2010, it again failed to stop from 30 
m.p.h. within 54 feet (or from 45 m.p.h. within 121 feet), as required 
by FMVSS No. 122, S5.2.1, Service brake system.\15\ NHTSA notified 
Wildfire of the results by email on October 1, 2010.\16\ Instead of 
acknowledging the vehicle was noncompliant with FMVSS No. 122

[[Page 59038]]

following this testing, Wildfire continued to delay.
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    \15\ Letter from C. Harris, NHTSA to D. Snyder, Wildfire (sent 
Dec. 27, 2011).
    \16\ Email from S. Seigel, NHTSA to A. Tipton, Wildfire (Oct. 1, 
2010).
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    In December 2011, NHTSA requested in writing that Wildfire and/or 
TSM make a determination that the MY 2009 WF650-C is noncompliant with 
FMVSS No. 122 and conduct a voluntary recall. NHTSA's recall request 
letter addressed each of the four apparent noncompliances identified 
above.\17\
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    \17\ Letter from C. Harris, NHTSA to D. Snyder, Wildfire (sent 
Dec. 27, 2011); see Letter from C. Harris, NHTSA to J. Ji, TSM (Jan. 
18, 2012).
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B. Wildfire's Notifications to NHTSA of FMVSS No. 122 Noncompliances

    Following NHTSA's formal request, and over two years after NHTSA 
notified Wildfire of the apparent noncompliances with the stopping 
distance and master cylinder reservoir requirements, Wildfire initiated 
a recall.\18\ Wildfire first notified NHTSA that the MY 2009 WF650-C 
was noncompliant with FMVSS No. 122 by submitting a Part 573 Report 
prepared on January 30, 2012.\19\ Wildfire acknowledged noncompliances 
with the master cylinder reservoir, reservoir labeling, and failure 
indicator lamp requirements.
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    \18\ Although TSM did not respond to NHTSA's recall request, 
compliance with recall regulations by either the fabricating 
manufacturer or the importer of a vehicle is considered compliance 
by both. 49 CFR 573.3(b). Nothing herein limits TSM's 
responsibilities and liabilities for the noncompliance with these 
vehicles.
    \19\ Recall No. 12V-031, Part 573 Report (prepared Jan. 30, 
2012). Wildfire's Part 573 Reports and other documents relevant to 
the recall are available at www.safercar.gov.
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    However, Wildfire did not address the stopping distance 
requirements of FMVSS No. 122 in its initial Part 573 Report. In a 
letter to Wildfire dated February 1, 2012, NHTSA again requested that 
Wildfire determine there was a noncompliance with S5.2.1, Service brake 
system.\20\ Wildfire responded with an amended Part 573 Report, 
prepared February 3, 2012, acknowledging that NHTSA found that the 
WF650-C did not meet the stopping distance requirements of FMVSS No. 
122, in addition to acknowledging the other noncompliances addressed by 
Wildfire's earlier Part 573 Report.\21\
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    \20\ Letter from C. Harris, NHTSA to D. Snyder, Wildfire (Feb. 
1, 2012).
    \21\ Recall No. 12V-031, Amended Part 573 Report (prepared Feb. 
3, 2012).
---------------------------------------------------------------------------

    NHTSA identified several deficiencies with Wildfire's amended Part 
573 Report, including that it failed to include a clear and unequivocal 
statement by Wildfire that a noncompliance existed with the stopping 
distance requirements of FMVSS No. 122 and failed to specify a valid 
remedy for that noncompliance.\22\ Wildfire subsequently submitted a 
second amended Part 573 Report, prepared February 20, 2012.\23\ This 
Part 573 Report acknowledged noncompliances with all four requirements 
identified by NHTSA.
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    \22\ Letter from C. Harris, NHTSA to D. Snyder, Wildfire (Feb. 
9, 2012).
    \23\ Recall No. 12V-031, Second Amended Part 573 Report 
(prepared Feb. 20, 2012).
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    NHTSA assigned Recall Number 12V-031 to Wildfire's recall campaign. 
Most recently, Wildfire reported that there are 197 vehicles subject to 
the recall.\24\
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    \24\ Recall No. 12V-031, Quarterly Report (Aug. 21, 2012). 
Wildfire previously reported that there were 202 or 200 vehicles 
subject to the recall, but has not explained why the number has 
changed. See Recall No. 12V-031, Part 573 Report I (prepared Jan. 
30, 2012) (202 vehicles); Recall No. 12V-031, Amended Part 573 
Report I (prepared Feb. 3, 2012) (202 vehicles); Recall No. 12V-031, 
Second Amended Part 573 Report I (prepared Feb. 20, 2012) (200 
vehicles).
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C. Wildfire's Repair Remedy

    Wildfire elected the remedy of repairing the FMVSS No. 122 
noncompliances subject to the recalls. See 49 U.S.C. 30120(a). However, 
Wildfire reported in August 2012 that none of the vehicles subject to 
the recall have been repaired.\25\
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    \25\ Recall No. 12V-031, Quarterly Report (Aug. 21, 2012).
---------------------------------------------------------------------------

    In its notification letter to owners regarding the recall, Wildfire 
indicated that the WF650-C should not be operated until the vehicle is 
remedied, that parts should be available for the repair after May 14, 
2012, and that owners should contact a Wildfire dealer as soon as 
possible to obtain a service date.\26\ Wildfire first sent this letter 
on April 18, 2012 to owners based on information from its internal 
records about purchasers.\27\ It appears Wildfire subsequently sent the 
same letter on June 1, 2012 to registered owners, based on vehicle 
registration information, despite knowing that the information in the 
letter was incorrect because parts were still not available.\28\
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    \26\ Wildfire, Response to Special Order, Request for Production 
of Documents No. 2, Att. (July 12, 2012).
    \27\ Wildfire, Response to Special Order, Interrogatory No. 14, 
Att. (July 12, 2012).
    \28\ See Wildfire, Response to Special Order, Interrogatory No. 
15 (July 12, 2012). In addition to receiving a notice containing 
incorrect information, registered owners also did not receive a 
notification of the recall until well after 60 days from Wildfire's 
noncompliance decision, as is expected. See NHTSA, Safety Recall 
Compendium at 7-8, http://www-odi.nhtsa.dot.gov/cars/problems/recalls/documents/recompendium.pdf.
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    After Wildfire failed to provide NHTSA with sufficient information 
about its proposed repair remedy in response to NHTSA's requests, on 
June 5, 2012 NHTSA sent Wildfire a Special Order seeking additional 
information related to the recall and repair remedy. Wildfire responded 
to the Special Order on July 12, 2012. Wildfire indicated in its 
response that it did not expect parts to be available for the repairs 
until July 20, 2012.\29\ Wildfire also indicated that it would send 
dealers instructions for the repair remedy on July 20, 2012.\30\ It 
appears that Wildfire did not do so.\31\
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    \29\ Wildfire, Response to Special Order, Interrogatory No. 15 
(July 12, 2012).
    \30\ Wildfire, Response to Special Order, Interrogatory No. 13 
(July 12, 2012).
    \31\ A manufacturer is required to furnish NHTSA with a copy of 
each communication involving a recall that the manufacturer issued 
to, or made available to, more than one dealer, distributor, lessor, 
lessee, other manufacturer, owner, or purchaser, no later than five 
working days after the end of the month in which it is issued. 49 
CFR 579.5.
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    Wildfire also represented in its Special Order response, made under 
oath, that its repair remedy would make MY 2009 WF650-Cs compliant with 
all applicable requirements of FMVSS No. 122.\32\ Wildfire indicated it 
was relying on a representation from TSM (the Chinese fabricating 
manufacturer).\33\ Wildfire did not provide any testing data or other 
information to support the contention that the repair remedy was 
effective. In fact, Wildfire acknowledged it was not sure whether the 
remedy had been tested.\34\ Wildfire also represented in its response 
that it hoped to have all MY 2009 WF650-Cs repaired by September 5, 
2012.\35\
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    \32\ Wildfire, Response to Special Order, Interrogatory No. 4 
(July 12, 2012).
    \33\ Wildfire, Response to Special Order, Interrogatory No. 4 
(July 12, 2012).
    \34\ Wildfire, Response to Special Order, Interrogatory No. 6 
(July 12, 2012).
    \35\ Wildfire, Response to Special Order, Interrogatory No. 5 
(July 12, 2012).
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    Wildfire also entered into an Agreement with NHTSA to repair the 
NHTSA-owned MY 2009 WF650-C in accordance with its repair remedy, which 
NHTSA would then retest to the requirements of FMVSS No. 122.\36\ 
Wildfire retrieved the vehicle on July 23, 2012, purported to repair 
it, and returned it to NHTSA on July 31, 2012.\37\ Pursuant to the 
Agreement, by August 10, 2012, Wildfire was required to provide NHTSA 
with a detailed description of every part installed as well as every 
change or modification made to the vehicle, which Wildfire failed to 
do. NHTSA proceeded with testing its repaired WF650-C vehicle in August 
and September 2012. Based on

[[Page 59039]]

this testing, the repaired vehicle still did not meet the stopping 
distance requirements of FMVSS No. 122, S5.2.1, Service brake system. 
NHTSA also observed that the failure indicator lamp installed by 
Wildfire as part of its remedy did not meet the requirements of FMVSS 
No. 122, S5.1.3.1, Failure indicator lamp, because it did not: (1) 
Activate as required for low fluid; (2) activate as required for 
pressure failure; (3) momentarily activate when the ignition switch was 
turned from the ``off'' to the ``on'' or to the ``start'' position; and 
(4) include the required wording (``Brake Failure'').\38\
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    \36\ Letter from O. K. Vincent, NHTSA to D. Snyder, Wildfire 
(July 17, 2012) (enclosing fully executed repair Agreement).
    \37\ Contrary to the terms of the Agreement, Wildfire kept the 
vehicle longer than 5 business days and drove the vehicle 
approximately 48 more miles than the 2 miles it was permitted.
    \38\ NHTSA, Safety Compliance Testing for FMVSS 122, Final 
Report No. 122-TRC-12-003 (Sept. 19, 2012).
---------------------------------------------------------------------------

    Thus, contrary to Wildfire's representation, its repair remedy does 
not bring the recalled vehicles into compliance with FMVSS No. 122. The 
vehicles subject to the recall remain noncompliant.

IV. Decision To Conduct a Public Hearing

    NHTSA has decided that it is necessary to conduct a public hearing 
to decide whether Wildfire has reasonably met the remedy requirements 
under 49 U.S.C. 30120. See 49 U.S.C. 30120(e); 49 CFR 557.6(d), 557.7. 
NHTSA will conduct the public hearing in the Oklahoma City room of the 
U.S. Department of Transportation Conference Center, located on the 
first floor of the West Building at 1200 New Jersey Avenue SE., 
Washington, DC 20590. Any interested person may make written and/or 
oral presentations of information, views, and arguments on whether 
Wildfire has reasonably met the remedy requirements. There will be no 
cross-examination of witnesses. 49 CFR 557.7.
    NHTSA will consider the views of participants in deciding whether 
Wildfire has reasonably met the remedy requirements under 49 U.S.C. 
30120, and in developing the terms of an order (if any) requiring 
Wildfire to take specified action as the remedy for the noncompliances 
and/or take other action. 49 U.S.C. 30120(e); 49 CFR 557.8.
    Procedural Matters: Interested persons may participate in these 
proceedings through written and/or oral presentations. Persons wishing 
to attend must notify Sabrina Fleming, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 
(Telephone: 202-366-9896) (Fax: 202-366-3081), before the close of 
business on October 9, 2012 (and October 4, 2012 for non-U.S. 
citizens). Each person wishing to attend must provide his or her name 
and country of citizenship. Non-U.S. citizens must also provide date of 
birth, title or position, and passport or diplomatic ID number, along 
with expiration date. Each person wishing to make an oral presentation 
must also specify the amount of time that the presentation is expected 
to last, his or her organizational affiliation, phone number, and email 
address. NHTSA will prepare a schedule of presentations. Depending upon 
the number of persons who wish to make oral presentations and the 
anticipated length of those presentations, NHTSA may add an additional 
day or days to the hearing, and/or may limit the length of oral 
presentations.
    The hearing will be held at a site accessible to individuals with 
disabilities. Individuals who require accommodations, such as sign 
language interpreters, should contact Ms. Kerry Kolodziej using the 
contact information in the FOR FURTHER INFORMATION CONTACT section 
above no later than October 4, 2012. A transcript of the proceedings 
will be placed in the docket for this notice at a later date.
    Persons who wish to file written comments should submit them so 
that they are received by NHTSA no later than October 9, 2012. 
Information on how to submit written comments to the docket is located 
under the ADDRESSES section of this notice.

    Authority:  49 U.S.C. 30120(e); 49 CFR 557.6(d), 557.7; 
delegations of authority at 49 CFR 1.95(a), 501.2(a)(1), and 49 CFR 
501.8.

    Issued: September 19, 2012.
Daniel C. Smith,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 2012-23606 Filed 9-24-12; 8:45 am]
BILLING CODE 4910-59-P



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