80_FR_72703 80 FR 72480 - Notice of Buy America Waiver

80 FR 72480 - Notice of Buy America Waiver

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 223 (November 19, 2015)

Page Range72480-72482
FR Document2015-29528

This notice provides NHTSA's finding with respect to a request to waive the requirements of Buy America from the North Carolina Governor's Highway Safety Program (GHSP). NHTSA finds that a non- availability waiver of the Buy America requirement is appropriate for the purchase of a Nikon prismless total station using Federal highway traffic safety grant funds because there are no suitable products produced in the United States.

Federal Register, Volume 80 Issue 223 (Thursday, November 19, 2015) 
[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)]
[Notices]
[Pages 72480-72482]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29528]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0111]


Notice of Buy America Waiver

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

ACTION: Notice of Buy America waiver.

-----------------------------------------------------------------------

SUMMARY: This notice provides NHTSA's finding with respect to a request 
to waive the requirements of Buy America from the North Carolina 
Governor's Highway Safety Program (GHSP). NHTSA finds that a non-
availability waiver of the Buy America requirement is appropriate for 
the purchase of a Nikon prismless total station using Federal highway 
traffic safety grant funds because there are no suitable products 
produced in the United States.

DATES: The effective date of this waiver is December 4, 2015. Written 
comments regarding this notice may be submitted to NHTSA and must be 
received on or before: December 4, 2015.

ADDRESSES: Written comments may be submitted using any one of the 
following methods:
     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.
     Fax: Written comments may be faxed to (202) 493-2251.
     Internet: To submit comments electronically, go to the 
Federal regulations Web site at http://www.regulations.gov. Follow the 
online instructions for submitting comments.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern Time, 
Monday through Friday, except Federal holidays.
    Instructions: All comments submitted in relation to this waiver 
must include the agency name and docket number. Please note that all 
comments received will be posted without change to http://www.regulations.gov, including any personal information provided. You 
may also call the Docket at 202-366-9324.

FOR FURTHER INFORMATION CONTACT: For program issues, contact Barbara 
Sauers, Office of Regional Operations and Program Delivery, NHTSA 
(phone: 202-366-0144). For legal issues, contact Andrew DiMarsico, 
Office of Chief Counsel, NHTSA (phone: 202-366-5263). You may send mail 
to these officials at the National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: This notice provides NHTSA's finding that a 
waiver of the Buy America requirement, 23 U.S.C. 313, is appropriate 
for North Carolina's GHSP to purchase a Nikon Nivo 5M Plus and its 
accessories for $8,995 using grant funds authorized under 23 U.S.C. 
402. Section 402 funds are available for use by state highway safety 
programs that, among other things, reduce or prevent injuries and 
deaths resulting from speeding motor vehicles, driving while impaired 
by alcohol and or drugs, motorcycle accidents, school bus accidents, 
and unsafe driving behavior. 23 U.S.C. 402(a). Section 402 funds are 
also available to state programs that encourage the proper use of 
occupant protection devices and improve law enforcement services in 
motor vehicle accident prevention, traffic supervision, and post-
accident procedures. Id.
    Buy America provides that NHTSA ``shall not obligate any funds 
authorized

[[Page 72481]]

to be appropriated to carry out the Surface Transportation Assistance 
Act of 1982 (96 Stat. 2097) or [Title 23] and administered by the 
Department of Transportation, unless steel, iron, and manufactured 
products used in such project are produced in the United States.'' 23 
U.S.C. 313. However, NHTSA may waive those requirements if ``(1) their 
application would be inconsistent with the public interest; (2) such 
materials and products are not produced in the United States in 
sufficient and reasonably available quantities and of a satisfactory 
quality; or (3) the inclusion of domestic material will increase the 
cost of the overall project contract by more than 25 percent.'' 23 
U.S.C. 313(b).
    Recently, NHTSA published its finding that a public interest waiver 
of the Buy America requirements is appropriate for a manufactured 
product whose purchase price is $5,000 or less, excluding a motor 
vehicle, when such product is purchased using Federal grant funds 
administered under Chapter 4 of Title 23 of the United States Code. See 
80 FR 37359 (June 30, 2015). Under the public interest waiver, 
therefore, states are no longer required to submit a waiver of Buy 
America to NHTSA for items costing $5,000 or less, except for motor 
vehicles, when they purchase the item with Federal grant funds.
    In this instance, the North Carolina's GHSP seeks a waiver to 
purchase one (1) Nikon Nivo 5M Plus Reflectorless Total Station 
equipment \1\ for its subgrantee, the Raleigh Police Department, using 
Federal grant funds, at a cost of $8,995.\2\ A total station is an 
electronic/optical instrument used in modern surveying and accident 
reconstruction. Specifically, a total station is an electronic 
theodolite integrated with an electronic distance meter to read slope 
distances from the instrument to a particular point. According to North 
Carolina's GHSP, the total station provides law enforcement with the 
equipment necessary to provide accurate and detailed crash 
reconstruction to aid in improving highway safety and for use with the 
enforcement of traffic safety laws. North Carolina's GHSP states that 
the total station reduces the time officers need to stand in the 
roadway with a prism to mark evidence at crash scenes. In addition, the 
State notes that, with a total station, evidence can be plotted from 
the side of the road after a roadway has been opened to traffic.
---------------------------------------------------------------------------

    \1\ The Nikon Nivo 5M Plus Reflectorless total station has 
integrated Bluetooth technology, and includes battery packs, a dual 
charger, lens cap, CD manual, hard carrying case, tripod, prism kit, 
prism pole, prism pole bag, strobe prism with tilting mount, 
carrying bag and data cable.
    \2\ As part of its waiver request, GHSP submitted a sales quote 
for the Nikon total station that included seven (7) additional items 
costing less than $5,000. Because these additional items are under 
the $5,000 threshold of NHTSA's public interest waiver, NHTSA did 
not conduct a market analysis for these items.
---------------------------------------------------------------------------

    In support of its waiver request, North Carolina's GHSP states that 
there are no total station models that are manufactured or assembled in 
the United States. The state contacted total station equipment 
manufacturers to learn of the origin of their equipment. While several 
domestic corporations offer total station equipment for sale, North 
Carolina states its research revealed that all total stations are 
manufactured overseas. It discovered that CT Berger (China), Leica 
(Switzerland) Nikon (Japan), Spectra Precision (Japan), Northwest 
Instruments (China), Topcon (Japan), and Trimble (Sweden) total station 
equipment are all foreign made.
    NHTSA agrees that the total stations advance the purpose of section 
402 to improve law enforcement services in motor vehicle accident 
prevention and post-accident reconstruction and enforcement. A total 
station is an on-scene reconstruction tool that assists in the 
determination of the cause of the crash and can support crash 
investigations. It is an electronic/optical instrument that specializes 
in surveying with tools to provide precise measurements for diagraming 
crash scenes, including a laser range finder and a computer to assist 
law enforcement to determine post-accident reconstruction. The total 
station system is designed to gather evidence of the events leading up 
to, during and following a crash. These tools are used to gather 
evidence to determine such facts as minimum speed at the time of a 
crash, the critical speed of a roadway curve, the distance a vehicle 
may have traveled when out of control and other factors that involve a 
crash investigation. In some instances, the facts collected through the 
use of a total station are used to form a basis of a criminal charge or 
evidence in a criminal prosecution.
    NHTSA conducted similar assessments \3\ to those conducted by North 
Carolina's GHSP. NHTSA was unable to locate domestic manufacturers of 
total stations with the specifications that North Carolina's GHSP 
required. In addition to the manufacturers researched by North 
Carolina's GHSP, and confirmed by the agency's research, NHTSA 
identified the following total station manufacturers and their 
production locations: Hi-Target Instrument Surveying Co. Ltd. (China); 
geo-Fennel GmbH (Germany); Hilti (Liechtenstein); North Surveying 
(Spain); South Precision Instrument (China); Ruide Surveying Instrument 
Co. (China); Pentex (Japan/China); and Topcon (Japan, China and 
Thailand). Based upon NHTSA's market analysis, it is unaware of any 
total station equipment that is manufactured domestically. Since a 
total station is unavailable from a domestic manufacturer and the 
equipment would assist in post-accident reconstruction and enforcement 
to advance the purpose of 23 U.S.C. 402, a Buy America waiver is 
appropriate. NHTSA invites public comment on this conclusion.
---------------------------------------------------------------------------

    \3\ NHTSA conducted internet searches and reviewed several Web 
sites that catalog domestic made products (www.usaonly.us; 
www.americansworking.com; www.madeinamericaforever.com; and 
www.madeinusa.org) to locate domestically made Total Station 
equipment.
---------------------------------------------------------------------------

    In light of the above discussion, and pursuant to 23 U.S.C. 
313(b)(2), NHTSA finds that it is appropriate to grant a waiver from 
the Buy America requirements to North Carolina's GHSP in order to 
purchase the Nikon Nivo 5M Plus Reflectorless Total Station equipment. 
This waiver applies to North Carolina and all other states seeking to 
use section 402 funds to purchase Nikon Nivo 5m Plus Reflectorless 
total stations for the purposes mentioned herein. This waiver is 
effective through fiscal year 2016 and expires at the conclusion of 
that fiscal year (September 30, 2016). In accordance with the 
provisions of Section 117 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy of Users Technical Corrections Act 
of 2008 (Pub. L. 110-244, 122 Stat. 1572), NHTSA is providing this 
notice as its finding that a waiver of the Buy America requirements is 
appropriate for the Nikon Nivo 5m Plus Reflectorless total station.
    Written comments on this finding may be submitted through any of 
the methods discussed above. NHTSA may reconsider this finding if, 
through comment, it learns additional relevant information regarding 
its decision to grant the North Carolina's GHSP waiver request.
    This finding should not be construed as an endorsement or approval 
of any products by NHTSA or the U.S. Department of Transportation. The 
United States Government does not endorse products or manufacturers.


[[Page 72482]]


    Authority: 23 U.S.C. 313; Pub. L. 110-161.

Paul A. Hemmersbaugh,
Chief Counsel.
[FR Doc. 2015-29528 Filed 11-18-15; 8:45 am]
BILLING CODE 4910-59-P

72480 Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Notices business ‘‘culture.’’ There are other an up-to-date and mid-to-long range regarding this notice may be submitted States (Idaho, Michigan, North Dakota, training plan. The current training plan to NHTSA and must be received on or Ohio, and Wyoming) that have includes mostly TxDOT self-identified before: December 4, 2015. established training plans that TxDOT training needs and addresses those ADDRESSES: Written comments may be could draw upon as examples. These needs. The MOU (Part 12.2) allows for submitted using any one of the examples may benefit TxDOT and 3 months after the MOU is executed, to following methods: TxDOT should consider evaluating develop a training plan in consultation • Mail: Docket Management Facility, components of these State’s training with FHWA and other agencies. The M–30, U.S. Department of plans in their future annual updates of TxDOT has committed in the MOU to Transportation, West Building, Ground their own training plan. consider the recommendations of Floor, Rm. W12–140, 1200 New Jersey agencies in determining training needs, Avenue SE., Washington, DC 20590. Observation #14 and to determine with FHWA, the • Fax: Written comments may be The team found evidence that some required training in the training plan faxed to (202) 493–2251. aspects of training tasks were either MOU (Part 12.2). The TxDOT • Internet: To submit comments unattended and/or appear to have been considered and will address the specific electronically, go to the Federal forgotten based on the training plan comments from the U.S. Army Corps of regulations Web site at http:// information provided to the team. The Engineers in the current training plan. www.regulations.gov. Follow the online TxDOT has a section of their Web site However, the team learned through instructions for submitting comments. devoted to training, that the team interviews that individuals responsible • Hand Delivery: West Building learned from interviews, is out of date. for training planning were unaware of Ground Floor, Room W12–140, 1200 Some courses are no longer taught and the coordination between TxDOT New Jersey Avenue SE., between 9 a.m. several classes are in need of updating, subject matter experts and other and 5 p.m. Eastern Time, Monday all of which provided for training of agencies related to training. It may be through Friday, except Federal holidays. non-TxDOT staff (i.e. local governments useful for the TxDOT training Instructions: All comments submitted and consultants). The team urges coordinator to be fully involved and in relation to this waiver must include TxDOT to assess whether the proposed aware of the range of coordination other the agency name and docket number. training approach for non-TxDOT staff TxDOT staff performs so that the Please note that all comments received (relying heavily upon the annual training plan benefits from this will be posted without change to environmental conference) is adequate coordination. http://www.regulations.gov, including and responsive enough to address a any personal information provided. You need to quickly disseminate newly Finalization of Report may also call the Docket at 202–366– developed procedures and policy. The FHWA received no comments 9324. Observation #15 during the 30-day comment period for FOR FURTHER INFORMATION CONTACT: For the draft audit report. The FHWA has program issues, contact Barbara Sauers, The TxDOT training plan is currently finalized the draft Audit #1 report silent on whether certain subjects and Office of Regional Operations and previously published in the Federal Program Delivery, NHTSA (phone: 202– topics are mandatory or required for Register without substantive changes. certain job responsibilities. The TxDOT 366–0144). For legal issues, contact [FR Doc. 2015–29518 Filed 11–18–15; 8:45 am] Andrew DiMarsico, Office of Chief staff told the team they would be developing a ‘‘progressive training BILLING CODE 4910–22–P Counsel, NHTSA (phone: 202–366– plan’’ that will identify the range of 5263). You may send mail to these training necessary for each job officials at the National Highway Traffic DEPARTMENT OF TRANSPORTATION Safety Administration, 1200 New Jersey classification. District Environmental Coordinators, and particularly District Avenue SE., Washington, DC 20590. National Highway Traffic Safety managers who allocated training Administration SUPPLEMENTARY INFORMATION: This resources, indicated in interviews that notice provides NHTSA’s finding that a they needed to know which training [Docket No. NHTSA–2015–0111] waiver of the Buy America requirement, was required for various TxDOT job 23 U.S.C. 313, is appropriate for North Notice of Buy America Waiver Carolina’s GHSP to purchase a Nikon categories, to set budgeting priorities. The team recognized the important AGENCY: National Highway Traffic Nivo 5M Plus and its accessories for connection between getting District staff Safety Administration (NHTSA), $8,995 using grant funds authorized trained and a clear statement whether Department of Transportation (DOT). under 23 U.S.C. 402. Section 402 funds training was required for a certain job. ACTION: Notice of Buy America waiver. are available for use by state highway Due to the connection potentially being safety programs that, among other tenuous, this may explain the SUMMARY: This notice provides things, reduce or prevent injuries and inconsistency the team heard in NHTSA’s finding with respect to a deaths resulting from speeding motor interview responses to questions on request to waive the requirements of vehicles, driving while impaired by training commitments from District Buy America from the North Carolina alcohol and or drugs, motorcycle managers. The team suggests that the Governor’s Highway Safety Program accidents, school bus accidents, and progressive training plan clearly (GHSP). NHTSA finds that a non- unsafe driving behavior. 23 U.S.C. identify training required for each job availability waiver of the Buy America 402(a). Section 402 funds are also requirement is appropriate for the mstockstill on DSK4VPTVN1PROD with NOTICES classification. available to state programs that purchase of a Nikon prismless total encourage the proper use of occupant Observation #16 station using Federal highway traffic protection devices and improve law From the perspective of the MOU, safety grant funds because there are no enforcement services in motor vehicle training planning and implementation is suitable products produced in the accident prevention, traffic supervision, a partnership effort amongst TxDOT, United States. and post-accident procedures. Id. FHWA, and other agencies. Training DATES: The effective date of this waiver Buy America provides that NHTSA should be an ongoing task that follows is December 4, 2015. Written comments ‘‘shall not obligate any funds authorized VerDate Sep<11>2014 16:00 Nov 18, 2015 Jkt 238001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\19NON1.SGM 19NON1

Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Notices 72481 to be appropriated to carry out the station reduces the time officers need to addition to the manufacturers Surface Transportation Assistance Act stand in the roadway with a prism to researched by North Carolina’s GHSP, of 1982 (96 Stat. 2097) or [Title 23] and mark evidence at crash scenes. In and confirmed by the agency’s research, administered by the Department of addition, the State notes that, with a NHTSA identified the following total Transportation, unless steel, iron, and total station, evidence can be plotted station manufacturers and their manufactured products used in such from the side of the road after a roadway production locations: Hi-Target project are produced in the United has been opened to traffic. Instrument Surveying Co. Ltd. (China); States.’’ 23 U.S.C. 313. However, In support of its waiver request, North geo-Fennel GmbH (Germany); Hilti NHTSA may waive those requirements Carolina’s GHSP states that there are no (Liechtenstein); North Surveying if ‘‘(1) their application would be total station models that are (Spain); South Precision Instrument inconsistent with the public interest; (2) manufactured or assembled in the United States. The state contacted total (China); Ruide Surveying Instrument such materials and products are not produced in the United States in station equipment manufacturers to Co. (China); Pentex (Japan/China); and sufficient and reasonably available learn of the origin of their equipment. Topcon (Japan, China and Thailand). quantities and of a satisfactory quality; While several domestic corporations Based upon NHTSA’s market analysis, it or (3) the inclusion of domestic material offer total station equipment for sale, is unaware of any total station will increase the cost of the overall North Carolina states its research equipment that is manufactured project contract by more than 25 revealed that all total stations are domestically. Since a total station is percent.’’ 23 U.S.C. 313(b). manufactured overseas. It discovered unavailable from a domestic Recently, NHTSA published its that CT Berger (China), Leica manufacturer and the equipment would finding that a public interest waiver of (Switzerland) Nikon (Japan), Spectra assist in post-accident reconstruction the Buy America requirements is Precision (Japan), Northwest and enforcement to advance the purpose appropriate for a manufactured product Instruments (China), Topcon (Japan), of 23 U.S.C. 402, a Buy America waiver whose purchase price is $5,000 or less, and Trimble (Sweden) total station is appropriate. NHTSA invites public excluding a motor vehicle, when such equipment are all foreign made. comment on this conclusion. product is purchased using Federal NHTSA agrees that the total stations grant funds administered under Chapter advance the purpose of section 402 to In light of the above discussion, and 4 of Title 23 of the United States Code. improve law enforcement services in pursuant to 23 U.S.C. 313(b)(2), NHTSA See 80 FR 37359 (June 30, 2015). Under motor vehicle accident prevention and finds that it is appropriate to grant a the public interest waiver, therefore, post-accident reconstruction and waiver from the Buy America states are no longer required to submit enforcement. A total station is an on- requirements to North Carolina’s GHSP a waiver of Buy America to NHTSA for scene reconstruction tool that assists in in order to purchase the Nikon Nivo 5M items costing $5,000 or less, except for the determination of the cause of the Plus Reflectorless Total Station motor vehicles, when they purchase the crash and can support crash equipment. This waiver applies to North item with Federal grant funds. investigations. It is an electronic/optical Carolina and all other states seeking to In this instance, the North Carolina’s instrument that specializes in surveying use section 402 funds to purchase Nikon GHSP seeks a waiver to purchase one (1) with tools to provide precise Nivo 5m Plus Reflectorless total stations Nikon Nivo 5M Plus Reflectorless Total measurements for diagraming crash for the purposes mentioned herein. This Station equipment 1 for its subgrantee, scenes, including a laser range finder waiver is effective through fiscal year the Raleigh Police Department, using and a computer to assist law 2016 and expires at the conclusion of Federal grant funds, at a cost of $8,995.2 enforcement to determine post-accident that fiscal year (September 30, 2016). In A total station is an electronic/optical reconstruction. The total station system accordance with the provisions of instrument used in modern surveying is designed to gather evidence of the Section 117 of the Safe, Accountable, and accident reconstruction. events leading up to, during and Flexible, Efficient Transportation Equity Specifically, a total station is an following a crash. These tools are used Act: A Legacy of Users Technical electronic theodolite integrated with an to gather evidence to determine such Corrections Act of 2008 (Pub. L. 110– electronic distance meter to read slope facts as minimum speed at the time of 244, 122 Stat. 1572), NHTSA is distances from the instrument to a a crash, the critical speed of a roadway curve, the distance a vehicle may have providing this notice as its finding that particular point. According to North Carolina’s GHSP, the total station traveled when out of control and other a waiver of the Buy America provides law enforcement with the factors that involve a crash requirements is appropriate for the equipment necessary to provide investigation. In some instances, the Nikon Nivo 5m Plus Reflectorless total accurate and detailed crash facts collected through the use of a total station. reconstruction to aid in improving station are used to form a basis of a Written comments on this finding highway safety and for use with the criminal charge or evidence in a may be submitted through any of the enforcement of traffic safety laws. North criminal prosecution. methods discussed above. NHTSA may Carolina’s GHSP states that the total NHTSA conducted similar reconsider this finding if, through assessments 3 to those conducted by comment, it learns additional relevant 1 The Nikon Nivo 5M Plus Reflectorless total North Carolina’s GHSP. NHTSA was information regarding its decision to station has integrated Bluetooth technology, and unable to locate domestic manufacturers includes battery packs, a dual charger, lens cap, CD grant the North Carolina’s GHSP waiver manual, hard carrying case, tripod, prism kit, prism of total stations with the specifications request. mstockstill on DSK4VPTVN1PROD with NOTICES pole, prism pole bag, strobe prism with tilting that North Carolina’s GHSP required. In mount, carrying bag and data cable. This finding should not be construed 2 As part of its waiver request, GHSP submitted 3 NHTSA conducted internet searches and as an endorsement or approval of any a sales quote for the Nikon total station that reviewed several Web sites that catalog domestic products by NHTSA or the U.S. included seven (7) additional items costing less made products (www.usaonly.us; Department of Transportation. The than $5,000. Because these additional items are www.americansworking.com; under the $5,000 threshold of NHTSA’s public www.madeinamericaforever.com; and United States Government does not interest waiver, NHTSA did not conduct a market www.madeinusa.org) to locate domestically made endorse products or manufacturers. analysis for these items. Total Station equipment. VerDate Sep<11>2014 16:00 Nov 18, 2015 Jkt 238001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\19NON1.SGM 19NON1

72482 Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Notices Authority: 23 U.S.C. 313; Pub. L. 110–161. between December 8, 2014 and petitions regarding what it believes are Paul A. Hemmersbaugh, December 22, 2014. similar noncompliances. III. Noncompliance: MMNA explains (D) MMNA is not aware of any Chief Counsel. that the quarter panel window glazing crashes, injuries, customer complaints [FR Doc. 2015–29528 Filed 11–18–15; 8:45 am] or field reports associated with this installed in the subject vehicles was BILLING CODE 4910–59–P labeled with the manufacturer’s model condition. number ‘‘M–66,’’ indicating a tempered In summation, MMNA believes that glass construction and ‘‘AS2,’’ the described FMVSS No. 205 DEPARTMENT OF TRANSPORTATION noncompliance of the subject vehicles is incorrectly indicating the glass has light transmission properties of at least 70%. inconsequential to motor vehicle safety, National Highway Traffic Safety The correct manufacturer’s model and that its petition, to exempt MMNA Administration number, which should have been from providing recall notification of [Docket No. NHTSA–2015–0066; Notice 2] affixed to the quarter panel glass noncompliance as required by 49 U.S.C. window, is ‘‘M–131’’ (which 30118 and remedying the recall Mitsubishi Motors North America, Inc., noncompliance as required by 49 U.S.C. corresponds to a tempered ‘‘privacy’’ Grant of Petition for Decision of 30120 should be granted. glass construction and a light Inconsequential Noncompliance transmission of 25%) and the correct NHTSA’s Decision AGENCY: National Highway Traffic item of glazing number should have NHTSA’s Analysis: MMNA indicated Safety Administration (NHTSA), been ‘‘AS–3’’ (which corresponds to that as many as 142 1 incorrectly labeled Department of Transportation (DOT). glazing with less than 70% light quarter panel windows were mounted ACTION: Grant of petition. transmittance). on the subject 300 vehicles during IV. Rule Text: Paragraph S6 of FMVSS production of those vehicles. MMNA SUMMARY: Mitsubishi Motors North No. 205 requires in pertinent part: America, Inc. (MMNA), has determined also stated that the installed windows that certain model year (MY) 2015 S6. Certification and marking. meet or exceed all other labeling and . . . performance requirements of FMVSS Mitsubishi Outlander Sport S6.2 A prime glazing manufacturer certifies multipurpose passenger vehicles (MPV) No. 205, and the remaining its glazing by adding to the marks required noncompliant windows produced by its do not fully comply with paragraph S6 by section 7 of ANSI/SAE Z26.1–1996, . . . of Federal Motor Vehicle Safety supplier Pilkington North America, Inc., [Note that ANSI Z26.1–1996 and other Standard (FMVSS) No. 205, Glazing industry standards are incorporated by have been destroyed or exported. reference in paragraph S5.1 of FMVSS No. NHTSA therefore believes there is no Materials. MMNA has filed an 205. Specifically, Section 7 (Marking of effect of the noncompliance on the appropriate report dated June 4, 2015, Safety Glazing Materials) of ANSI Z26.1– operational safety of the subject vehicles pursuant to 49 CFR part 573, Defect and 1996 requires that: and that none of the subject Noncompliance Responsibility and ‘‘In addition, to any other markings noncompliant windows will be installed Reports. required by law, ordinance, or regulation, all on any additional new production ADDRESSES: For further information on safety glazing materials manufactured for use vehicles or delivered as replacement this decision contact Luis Figueroa, in accordance with this standard shall be parts for existing vehicles. Office of Vehicle Safety Compliance, the legibly and permanently marked . . . with NHTSA’s Decision: In consideration National Highway Traffic Safety the words American National Standard or the of the foregoing, NHTSA has decided characters AS, in addition with a model Administration (NHTSA), telephone that MMNA has met its burden of number 38 that will identify the type of (202) 366–5298, facsimile (202) 366– construction of the glazing material. They persuasion that the FMVSS No. 205 3081. shall also be marked with . . . noncompliance is inconsequential to SUPPLEMENTARY INFORMATION: 38 The model number shall be assigned by motor vehicle safety. Accordingly, I. Overview: Pursuant to 49 U.S.C. the manufacturer of the safety glazing MMNA’s petition is hereby granted and 30118(d) and 30120(h) (see material and shall be related by the MMNA is exempted from the obligation implementing rule at 49 CFR part 556), manufacturer to a detailed description of a of providing notification of, and a specific glazing material.’’] remedy for, that noncompliance under MMNA submitted a petition for an exemption from the notification and V. Summary of MMNA’s Arguments: 49 U.S.C. 30118 and 30120. remedy requirements of 49 U.S.C. MMNA stated its belief that the subject NHTSA notes that the statutory Chapter 301 on the basis that this noncompliance is inconsequential to provisions (49 U.S.C. 30118(d) and noncompliance is inconsequential to motor vehicle safety for the following 30120(h)) that permit manufacturers to motor vehicle safety. reasons: file petitions for a determination of Notice of receipt of the petition was (A) MMNA stated that the quarter inconsequentiality allow NHTSA to published, with a 30-day public panel glass windows otherwise meet all exempt manufacturers only from the comment period, on September 8, 2015 other marking and performance duties found in sections 30118 and in the Federal Register (80 FR 53911). requirements of FMVSS No. 205. 30120, respectively, to notify owners, No comments were received. To view (B) MMNA believes that because the purchasers, and dealers of a defect or the petition, and all supporting affected glazing fully meets all of the noncompliance and to remedy the documents log onto the Federal Docket applicable performance requirements, defect or noncompliance. Therefore, this Management System (FDMS) Web site the absence of the correct ‘‘M’’ number 1 Pilkinson North America (PNA) determined that mstockstill on DSK4VPTVN1PROD with NOTICES at: http://www.regulations.gov/. Then in their monogram has no effect upon they had manufactured 8927 quarter panel glass follow the online search instructions to the degree of driver visibility or the windows with the incorrect model number and locate docket number ‘‘NHTSA–2015– possibility of occupants being thrown item of glazing number (AS). Of these 8927 0066.’’ through the vehicle windows in a windows, PNA scrapped all but 1139 windows that II. Vehicles Involved: Affected are collision. had been shipped to MMNA. MMNA retrieved and returned to PNA 997 noncomplying windows, but approximately 300 MY 2015 Mitsubishi (C) MMNA stated its belief that 142 were installed in a suspect population of 349 Outlander Sport multipurpose NHTSA has previously granted vehicles that were shipped to the USA (300 passenger vehicles manufactured inconsequential noncompliance vehicles) and to Mexico and Canada (49 vehicles). VerDate Sep<11>2014 16:00 Nov 18, 2015 Jkt 238001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\19NON1.SGM 19NON1


Document Created: 2015-12-14 13:56:43
Document Modified: 2015-12-14 13:56:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Buy America waiver.
DatesThe effective date of this waiver is December 4, 2015. Written comments regarding this notice may be submitted to NHTSA and must be received on or before: December 4, 2015.
ContactFor program issues, contact Barbara Sauers, Office of Regional Operations and Program Delivery, NHTSA (phone: 202-366-0144). For legal issues, contact Andrew DiMarsico, Office of Chief Counsel, NHTSA (phone: 202-366-5263). You may send mail to these officials at the National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.
FR Citation80 FR 72480 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR