80 FR 72482 - Mitsubishi Motors North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 223 (November 19, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 223 (November 19, 2015)
| Page Range | 72482-72483 | |
| FR Document | 2015-29472 |
[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)] [Notices] [Pages 72482-72483] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29472] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0066; Notice 2] Mitsubishi Motors North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. ----------------------------------------------------------------------- SUMMARY: Mitsubishi Motors North America, Inc. (MMNA), has determined that certain model year (MY) 2015 Mitsubishi Outlander Sport multipurpose passenger vehicles (MPV) do not fully comply with paragraph S6 of Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. MMNA has filed an appropriate report dated June 4, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. ADDRESSES: For further information on this decision contact Luis Figueroa, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-5298, facsimile (202) 366-3081. SUPPLEMENTARY INFORMATION: I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), MMNA submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. Notice of receipt of the petition was published, with a 30-day public comment period, on September 8, 2015 in the Federal Register (80 FR 53911). No comments were received. To view the petition, and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2015-0066.'' II. Vehicles Involved: Affected are approximately 300 MY 2015 Mitsubishi Outlander Sport multipurpose passenger vehicles manufactured between December 8, 2014 and December 22, 2014. III. Noncompliance: MMNA explains that the quarter panel window glazing installed in the subject vehicles was labeled with the manufacturer's model number ``M-66,'' indicating a tempered glass construction and ``AS2,'' incorrectly indicating the glass has light transmission properties of at least 70%. The correct manufacturer's model number, which should have been affixed to the quarter panel glass window, is ``M-131'' (which corresponds to a tempered ``privacy'' glass construction and a light transmission of 25%) and the correct item of glazing number should have been ``AS-3'' (which corresponds to glazing with less than 70% light transmittance). IV. Rule Text: Paragraph S6 of FMVSS No. 205 requires in pertinent part: S6. Certification and marking. . . . S6.2 A prime glazing manufacturer certifies its glazing by adding to the marks required by section 7 of ANSI/SAE Z26.1-1996, . . . [Note that ANSI Z26.1-1996 and other industry standards are incorporated by reference in paragraph S5.1 of FMVSS No. 205. Specifically, Section 7 (Marking of Safety Glazing Materials) of ANSI Z26.1-1996 requires that: ``In addition, to any other markings required by law, ordinance, or regulation, all safety glazing materials manufactured for use in accordance with this standard shall be legibly and permanently marked . . . with the words American National Standard or the characters AS, in addition with a model number \38\ that will identify the type of construction of the glazing material. They shall also be marked with . . . \38\ The model number shall be assigned by the manufacturer of the safety glazing material and shall be related by the manufacturer to a detailed description of a specific glazing material.''] V. Summary of MMNA's Arguments: MMNA stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) MMNA stated that the quarter panel glass windows otherwise meet all other marking and performance requirements of FMVSS No. 205. (B) MMNA believes that because the affected glazing fully meets all of the applicable performance requirements, the absence of the correct ``M'' number in their monogram has no effect upon the degree of driver visibility or the possibility of occupants being thrown through the vehicle windows in a collision. (C) MMNA stated its belief that NHTSA has previously granted inconsequential noncompliance petitions regarding what it believes are similar noncompliances. (D) MMNA is not aware of any crashes, injuries, customer complaints or field reports associated with this condition. In summation, MMNA believes that the described FMVSS No. 205 noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt MMNA from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted. NHTSA's Decision NHTSA's Analysis: MMNA indicated that as many as 142 \1\ incorrectly labeled quarter panel windows were mounted on the subject 300 vehicles during production of those vehicles. MMNA also stated that the installed windows meet or exceed all other labeling and performance requirements of FMVSS No. 205, and the remaining noncompliant windows produced by its supplier Pilkington North America, Inc., have been destroyed or exported. --------------------------------------------------------------------------- \1\ Pilkinson North America (PNA) determined that they had manufactured 8927 quarter panel glass windows with the incorrect model number and item of glazing number (AS). Of these 8927 windows, PNA scrapped all but 1139 windows that had been shipped to MMNA. MMNA retrieved and returned to PNA 997 noncomplying windows, but 142 were installed in a suspect population of 349 vehicles that were shipped to the USA (300 vehicles) and to Mexico and Canada (49 vehicles). --------------------------------------------------------------------------- NHTSA therefore believes there is no effect of the noncompliance on the operational safety of the subject vehicles and that none of the subject noncompliant windows will be installed on any additional new production vehicles or delivered as replacement parts for existing vehicles. NHTSA's Decision: In consideration of the foregoing, NHTSA has decided that MMNA has met its burden of persuasion that the FMVSS No. 205 noncompliance is inconsequential to motor vehicle safety. Accordingly, MMNA's petition is hereby granted and MMNA is exempted from the obligation of providing notification of, and a remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. 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, this [[Page 72483]] decision only applies to the subject vehicles that MMNA no longer controlled at the time it determined that the noncompliance existed. However, the granting of this petition does not relieve vehicle 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 MMNA 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). Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015-29472 Filed 11-18-15; 8:45 am] BILLING CODE 4910-59-P
![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).
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![Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Notices 72483
decision only applies to the subject 30, West Building Ground Floor, Room XZY size 315/80R22.5 156/150K heavy
vehicles that MMNA no longer W12–140, 1200 New Jersey Avenue SE., truck tires that were manufactured
controlled at the time it determined that Washington, DC 20590. The Docket between January 1, 2011 and July 31,
the noncompliance existed. However, Section is open on weekdays from 10 2015.
the granting of this petition does not a.m. to 5 p.m. except Federal Holidays. III. Noncompliance: MNA describes
relieve vehicle distributors and dealers • Electronically: Submit comments the noncompliance’s as the inadvertent
of the prohibitions on the sale, offer for electronically by: Logging onto the omission from the tires sidewall of the
sale, or introduction or delivery for Federal Docket Management System letter marking that designates the tire
introduction into interstate commerce of (FDMS) Web site at http:// load range as required by paragraph
the noncompliant vehicles under their www.regulations.gov/. Follow the online S6.5(j) and the symbol ‘‘DOT’’
control after MMNA notified them that instructions for submitting comments. confirming certification as required by
the subject noncompliance existed. Comments may also be faxed to (202) paragraph S6.5(a) of FMVSS No. 119.
Authority: (49 U.S.C. 30118, 30120: 493–2251. IV. Rule Text: Paragraph S6.5 of
Delegations of authority at 49 CFR 1.95 and Comments must be written in the FMVSS No. 119 requires in pertinent
501.8). English language, and be no greater than part:
15 pages in length, although there is no S6.5 Tire Markings. Except as
Jeffrey M. Giuseppe, limit to the length of necessary specified in this paragraph, each tire
Director, Office of Vehicle Safety Compliance. attachments to the comments. If shall be marked on each sidewall with
[FR Doc. 2015–29472 Filed 11–18–15; 8:45 am] comments are submitted in hard copy the information specified in paragraphs
BILLING CODE 4910–59–P form, please ensure that two copies are (a) through (j) of this section. . . .
provided. If you wish to receive (a) The symbol DOT, which shall
confirmation that your comments were constitute a certification that the tire
DEPARTMENT OF TRANSPORTATION received, please enclose a stamped, self- conforms to applicable Federal Motor
addressed postcard with the comments. Vehicle Safety standards. This symbol
National Highway Traffic Safety
Note that all comments received will be may be marked on only one sidewall.
Administration
posted without change to http:// . . .
[Docket No. NHTSA–2015–0103; Notice 1] www.regulations.gov, including any (j) The letter designating the tire Load
personal information provided. Range.
Michelin North America, Inc., Receipt Documents submitted to a docket may V. Summary of MNA’s Petition: MNA
of Petition for Decision of be viewed by anyone at the address and believes that while it did not intend to
Inconsequential Noncompliance times given above. The documents may release the subject tires for sale in the
AGENCY: National Highway Traffic also be viewed on the Internet at http:// U.S. market, and therefore did not mark
Safety Administration (NHTSA), www.regulations.gov by following the the tires accordingly, it believes that the
Department of Transportation (DOT). online instructions for accessing the subject noncompliance is
ACTION: Receipt of petition.
dockets. DOT’s complete Privacy Act inconsequential to motor vehicle safety
Statement is available for review in the for the following reasons:
SUMMARY: Michelin North America, Inc. Federal Register published on April 11, (1) Maximum Load Rating: The
(MNA), has determined that certain 2000, (65 FR 19477–78). subject tires are marked on both
Michelin heavy truck tires do not fully The petition, supporting materials, sidewalls with the European Tyre and
comply with paragraphs S6.5(a) and (j) and all comments received before the Rim Technical Organization (ETRTO)
of Federal Motor Vehicle Safety close of business on the closing date published load capacities in pounds and
Standard (FMVSS) No. 119, New indicated above will be filed and will be kilograms for single and dual
Pneumatic Tires for Motor Vehicles considered. All comments and application in the format specified by
With a GVWR of More than 4,536 supporting materials received after the FMVSS No. 119. MNA believes that this
kilograms (10,000 pounds) and closing date will also be filed and will marking provides sufficient information
Motorcycles. MNA has filed an be considered to the extent possible. to ensure the proper application of the
appropriate report dated September 18, When the petition is granted or denied, tire.
2015, pursuant to 49 CFR part 573, notice of the decision will be published (2) Load Index: The subject tire is
Defect and Noncompliance in the Federal Register pursuant to the marked with the [International
Responsibility and Reports. authority indicated below. Organization for Standardization] ISO
DATES: The closing date for comments SUPPLEMENTARY INFORMATION: load indices for single and dual
on the petition is December 21, 2015. I. Overview: Pursuant to 49 U.S.C. application as specified by the ETRTO
ADDRESSES: Interested persons are 30118(d) and 30120(h) (see standard. MNA believes that ISO load
invited to submit written data, views, implementing rule at 49 CFR part 556), indices are widely recognized within
and arguments on this petition. MNA submitted a petition for an the industry and thus provide
Comments must refer to the docket and exemption from the notification and additional information to ensure the
notice number cited at the beginning of remedy requirements of 49 U.S.C. proper application of the tire.
this notice and submitted by any of the Chapter 301 on the basis that this (3) Other Markings: All other
following methods: noncompliance is inconsequential to markings specified by FMVSS No. 119
• Mail: Send comments by mail motor vehicle safety. are present on the tire including the full
mstockstill on DSK4VPTVN1PROD with NOTICES
addressed to: U.S. Department of This notice of receipt of MNA’s tire identification number (TIN).
Transportation, Docket Operations, M– petition is published under 49 U.S.C. (4) Performance: The subject tire
30, West Building Ground Floor, Room 30118 and 30120 and does not represent meets all performance requirements of
W12–140, 1200 New Jersey Avenue SE., any agency decision or other exercise of FMVSS No. 119. MNA believes that the
Washington, DC 20590. judgment concerning the merits of the subject noncompliances have no impact
• Hand Deliver: Deliver comments by petition. on the load carrying capacity of the tire
hand to: U.S. Department of II. Tires Involved: Affected are on a motor vehicle, nor on motor
Transportation, Docket Operations, M– approximately 247 Michelin X Works vehicle safety itself.
VerDate Sep<11>2014 16:00 Nov 18, 2015 Jkt 238001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\19NON1.SGM 19NON1](https://thefederalregister.org/doc/80_FR_72705/page/2.svg)
Document Created: 2015-12-14 13:56:33
Document Modified: 2015-12-14 13:56:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Grant of petition. | |
| FR Citation | 80 FR 72482 |
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