83_FR_16503 83 FR 16430 - FCA US, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

83 FR 16430 - FCA US, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 83, Issue 73 (April 16, 2018)

Page Range16430-16431
FR Document2018-07829

FCA US, LLC (f/k/a Chrysler Group, LLC ``FCA US''), has determined that certain model year (MY) 2013-2017 Jeep Compass motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. FCA US filed a noncompliance report dated October 10, 2017. FCA US also petitioned NHTSA on November 2, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 83 Issue 73 (Monday, April 16, 2018) 
[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16430-16431]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07829]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0098; Notice 1]


FCA US, LLC, Receipt of Petition for Decision of Inconsequential 
Noncompliance

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

ACTION: Receipt of petition.

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SUMMARY: FCA US, LLC (f/k/a Chrysler Group, LLC ``FCA US''), has 
determined that certain model year (MY) 2013-2017 Jeep Compass motor 
vehicles do not fully comply with Federal Motor Vehicle Safety Standard 
(FMVSS) No. 205, Glazing Materials. FCA US filed a noncompliance report 
dated October 10, 2017. FCA US also petitioned NHTSA on November 2, 
2017, for a decision that the subject noncompliance is inconsequential 
as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is May 16, 2018.

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 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver comments by hand to 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 
Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     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 https://www.regulations.gov, 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 
https://www.regulations.gov 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).

SUPPLEMENTARY INFORMATION: 
    I. Overview: FCA US, has determined that certain MY 2013-2017 Jeep 
Compass motor vehicles do not fully comply with FMVSS No. 205, Glazing 
Materials (49 CFR 571.205). FCA US filed a noncompliance report dated 
October 10, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. FCA US also petitioned NHTSA on November 2, 
2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 
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.
    This notice of receipt of FCA US's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 287,064 MY 2013-2017 Jeep 
Compass motor vehicles, manufactured between January 18, 2013, and 
December 23, 2016, are potentially involved.
    III. Noncompliance: FCA US explains that the noncompliance is that 
the subject vehicles were equipped with liftgate privacy glass that 
does not fully comply with paragraph S6 of FMVSS No. 205. Specifically, 
the liftgate glass has the AS2 solar glazing marking when it should 
have been marked with the AS3 privacy glazing marking.
    IV. Rule Requirements: Paragraphs S6, S6.1(a)(b), S6.2, and 
S6.3(a)(b) of FMVSS No. 205 include the requirements relevant to this 
petition:

     A Prime glazing material manufacturer must certify, in 
accordance with 49 U.S.C. 30115, each piece of glazing material to 
which this standard applies is designed as:
    A. A component of any specific motor vehicle or camper; or
    B. to be cut into components for use in motor vehicles or items 
of motor vehicle equipment.
     A prime glazing manufacturer certifies its glazing by 
adding to the marks required by section 7 of ANSI/SAE Z26.1-1996, in 
letters and numerals of the same size, the symbol ``DOT'' and a 
manufacturer's code mark that NHTSA assigns to the manufacturer.
     NHTSA will assign a code mark to a manufacturer after 
the manufacturer submits a written request to the Office of Vehicle 
Safety Compliance, National Highway Traffic Safety Administration. 
The request must include the company name, address, and a statement 
from the manufacturer certifying its status as a prime glazing 
manufacturer as defined in paragraph S4.
     A manufacturer or distributor who cuts a section of 
glazing material to which this standard applies, for use in a motor 
vehicle or camper, must:
    A. Mark that material in accordance with section 7 of ANSI/SAE 
Z26.1-1996; and
    B. certify that its product complies with this standard in 
accordance with 49 U.S.C. 30115.

    V. Summary of FCA US's Petition: FCA US described the subject 
noncompliance and stated its belief that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    In support of its petition, FCA US submitted the following 
reasoning:
    1. The liftgate glass glazing of the affected vehicles otherwise 
meets all marking and performance requirements of FMVSS No. 205 and 
ANSI Z26.1, and as NHTSA has previously noted, ``The purpose of this 
standard [FMVSS No. 205] is to ensure a necessary degree of 
transparency in motor vehicle windows

[[Page 16431]]

for driver visibility, and to minimize the possibility of occupants 
being thrown through the vehicle windows in collisions.'' Because all 
transparent sections of the affected glazing fully meet all the 
applicable performance requirements, FCA US does not believe the 
incorrect AS2 marking impacts the applicable performance requirements. 
FCA US also does not believe that the incorrect AS2 marking impacts the 
ability of the glazing to satisfy the stated purpose or affects the 
performance of the glazing as required by FMVSS No. 205.
    2. The subject glazing meets all applicable performance 
requirements of FMVSS No. 205 and FCA US believes there is no safety 
performance implication associated with this technical noncompliance.
    3. In addition to meeting component-level performance requirements 
of FMVSS No. 205, the subject glazing also fully meets the vehicle-
level installation requirements specified by FMVSS No. 205. The subject 
glazing at 22% light transmissibility is permitted in the liftgate 
glass location on the affected Jeep Compass vehicles.
    4. The actual transmissibility of the subject liftgate glass 
glazing (approximately 22%) is consistent with all the other glazing 
rearward of the driver (i.e. left and right side windows, and the left 
and right rear-quarter window glazing) on the affected Jeep Compass 
vehicles. Accordingly, there is no reason for the customer, state 
inspection authorities, service personnel or anyone else to focus on or 
detect any distinction involving the subject liftgate glass.
    5. Even in the extremely unlikely event that a glazing 
corresponding to the incorrect markings (i.e. solar glazing with 70% 
transmittance) was installed on an affected vehicle, this would also be 
fully compliant to all requirements of FMVSS No. 205.
    6. FCA US is not aware of any crashes, injuries, or customer 
complaints associated with this condition.
    7. NHTSA has previously granted similar inconsequential treatment 
for FMVSS No. 205 marking noncompliance. Examples of similar granted 
inconsequentiality petitions for incorrect markings related to glazing 
include:
    a. Supreme Corporation, NHTSA-2015-0126 N2 October 21, 2016.
    b. Mitsubishi Motors North America, Inc., NHTSA-2015-0066 N2, 
August 22, 2015.
    c. Ford Motor Company, NHTSA-2014-0054 N2, March 2, 2015.
    d. Custom Glass Solutions Upper Sandusky Corp., NHTSA-2013-0124 N2, 
January 23, 2015.
    e. General Motors, LLC, NHTSA-2013-0039 N2, April 28, 2015.
    f. Fuji Heavy Industries U.S.A., Inc., NHTSA-2013-0017 N2, 
September 25, 2013.
    g. Please see FCA US's petition for their complete list of 
petitions that were previously granted by NHTSA for glazing markings.
    FCA US concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that 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.
    FCA US' complete petition and all supporting documents are 
available by logging onto the Federal Docket Management System (FDMS) 
website at: https://www.regulations.gov and following the online search 
instructions to locate the docket number listed in the title of this 
notice.
    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 FCA US no 
longer controlled at the time it determined that the noncompliance 
existed. However, any decision on 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 FCA US 
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)

Claudia W. Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-07829 Filed 4-13-18; 8:45 am]
BILLING CODE 4910-59-P

16430 Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices control after GM notified them that the www.regulations.gov/. Follow the online 30118 and 30120 and does not represent subject noncompliance existed. instructions for submitting comments. any agency decision or other exercise of Authority: 49 U.S.C. 30118, 30120: • Comments may also be faxed to judgment concerning the merits of the delegations of authority at 49 CFR 1.95 and (202) 493–2251. petition. 501.8. Comments must be written in the II. Vehicles Involved: Approximately English language, and be no greater than 287,064 MY 2013–2017 Jeep Compass Claudia W. Covell, 15 pages in length, although there is no motor vehicles, manufactured between Acting Director, Office of Vehicle Safety limit to the length of necessary January 18, 2013, and December 23, Compliance. attachments to the comments. If 2016, are potentially involved. [FR Doc. 2018–07827 Filed 4–13–18; 8:45 am] comments are submitted in hard copy III. Noncompliance: FCA US explains BILLING CODE 4910–59–P form, please ensure that two copies are that the noncompliance is that the provided. If you wish to receive subject vehicles were equipped with confirmation that comments you have liftgate privacy glass that does not fully DEPARTMENT OF TRANSPORTATION submitted by mail were received, please comply with paragraph S6 of FMVSS enclose a stamped, self-addressed No. 205. Specifically, the liftgate glass National Highway Traffic Safety postcard with the comments. Note that has the AS2 solar glazing marking when Administration all comments received will be posted it should have been marked with the without change to https:// AS3 privacy glazing marking. [Docket No. NHTSA–2017–0098; Notice 1] www.regulations.gov, including any IV. Rule Requirements: Paragraphs S6, personal information provided. S6.1(a)(b), S6.2, and S6.3(a)(b) of FCA US, LLC, Receipt of Petition for All comments and supporting Decision of Inconsequential FMVSS No. 205 include the materials received before the close of requirements relevant to this petition: Noncompliance business on the closing date indicated above will be filed in the docket and • A Prime glazing material manufacturer AGENCY: National Highway Traffic must certify, in accordance with 49 U.S.C. Safety Administration (NHTSA), U.S. will be considered. All comments and 30115, each piece of glazing material to Department of Transportation (DOT). supporting materials received after the which this standard applies is designed as: closing date will also be filed and will A. A component of any specific motor ACTION: Receipt of petition. be considered to the fullest extent vehicle or camper; or SUMMARY: FCA US, LLC (f/k/a Chrysler possible. B. to be cut into components for use in Group, LLC ‘‘FCA US’’), has determined When the petition is granted or motor vehicles or items of motor vehicle that certain model year (MY) 2013–2017 denied, notice of the decision will also equipment. be published in the Federal Register • A prime glazing manufacturer certifies Jeep Compass motor vehicles do not its glazing by adding to the marks required fully comply with Federal Motor pursuant to the authority indicated at the end of this notice. by section 7 of ANSI/SAE Z26.1–1996, in Vehicle Safety Standard (FMVSS) No. letters and numerals of the same size, the All comments, background 205, Glazing Materials. FCA US filed a symbol ‘‘DOT’’ and a manufacturer’s code documentation, and supporting noncompliance report dated October 10, mark that NHTSA assigns to the materials submitted to the docket may manufacturer. 2017. FCA US also petitioned NHTSA be viewed by anyone at the address and • NHTSA will assign a code mark to a on November 2, 2017, for a decision that times given above. The documents may manufacturer after the manufacturer submits the subject noncompliance is also be viewed on the internet at https:// a written request to the Office of Vehicle inconsequential as it relates to motor www.regulations.gov by following the Safety Compliance, National Highway Traffic vehicle safety. Safety Administration. The request must online instructions for accessing the DATES: The closing date for comments dockets. The docket ID number for this include the company name, address, and a on the petition is May 16, 2018. petition is shown in the heading of this statement from the manufacturer certifying ADDRESSES: Interested persons are its status as a prime glazing manufacturer as notice. defined in paragraph S4. invited to submit written data, views, DOT’s complete Privacy Act • A manufacturer or distributor who cuts and arguments on this petition. Statement is available for review in a a section of glazing material to which this Comments must refer to the docket and Federal Register notice published on standard applies, for use in a motor vehicle notice number cited in the title of this April 11, 2000, (65 FR 19477–78). or camper, must: notice and submitted by any of the SUPPLEMENTARY INFORMATION: A. Mark that material in accordance with following methods: I. Overview: FCA US, has determined section 7 of ANSI/SAE Z26.1–1996; and • Mail: Send comments by mail that certain MY 2013–2017 Jeep B. certify that its product complies with addressed to U.S. Department of Compass motor vehicles do not fully this standard in accordance with 49 U.S.C. Transportation, Docket Operations, M– comply with FMVSS No. 205, Glazing 30115. 30, West Building Ground Floor, Room Materials (49 CFR 571.205). FCA US V. Summary of FCA US’s Petition: W12–140, 1200 New Jersey Avenue SE, filed a noncompliance report dated FCA US described the subject Washington, DC 20590. October 10, 2017, pursuant to 49 CFR noncompliance and stated its belief that • Hand Delivery: Deliver comments part 573, Defect and Noncompliance the noncompliance is inconsequential by hand to U.S. Department of Responsibility and Reports. FCA US as it relates to motor vehicle safety. Transportation, Docket Operations, M– also petitioned NHTSA on November 2, In support of its petition, FCA US 30, West Building Ground Floor, Room 2017, pursuant to 49 U.S.C. 30118(d) submitted the following reasoning: W12–140, 1200 New Jersey Avenue SE, and 30120(h) and 49 CFR part 556, for 1. The liftgate glass glazing of the srobinson on DSK3G9T082PROD with NOTICES Washington, DC 20590. The Docket an exemption from the notification and affected vehicles otherwise meets all Section is open on weekdays from 10 remedy requirements of 49 U.S.C. marking and performance requirements a.m. to 5 p.m. except Federal Holidays. Chapter 301 on the basis that this of FMVSS No. 205 and ANSI Z26.1, and • Electronically: Submit comments noncompliance is inconsequential as it as NHTSA has previously noted, ‘‘The electronically by logging onto the relates to motor vehicle safety. purpose of this standard [FMVSS No. Federal Docket Management System This notice of receipt of FCA US’s 205] is to ensure a necessary degree of (FDMS) website at https:// petition is published under 49 U.S.C. transparency in motor vehicle windows VerDate Sep<11>2014 19:42 Apr 13, 2018 Jkt 244001 PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 E:\FR\FM\16APN1.SGM 16APN1

Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices 16431 for driver visibility, and to minimize the d. Custom Glass Solutions Upper DEPARTMENT OF TRANSPORTATION possibility of occupants being thrown Sandusky Corp., NHTSA–2013–0124 through the vehicle windows in N2, January 23, 2015. National Highway Traffic Safety collisions.’’ Because all transparent Administration e. General Motors, LLC, NHTSA– sections of the affected glazing fully 2013–0039 N2, April 28, 2015. [Docket No. NHTSA–2018–0051] meet all the applicable performance requirements, FCA US does not believe f. Fuji Heavy Industries U.S.A., Inc., Reports, Forms, and Recordkeeping the incorrect AS2 marking impacts the NHTSA–2013–0017 N2, September 25, Requirements applicable performance requirements. 2013. FCA US also does not believe that the AGENCY: National Highway Traffic g. Please see FCA US’s petition for incorrect AS2 marking impacts the Safety Administration (NHTSA), U.S. their complete list of petitions that were ability of the glazing to satisfy the stated Department of Transportation. previously granted by NHTSA for purpose or affects the performance of ACTION: Request for extension of a glazing markings. the glazing as required by FMVSS No. currently approved collection of 205. FCA US concluded by expressing the information. 2. The subject glazing meets all belief that the subject noncompliance is inconsequential as it relates to motor SUMMARY: This document solicits public applicable performance requirements of comments on continuation of the FMVSS No. 205 and FCA US believes vehicle safety, and that its petition to be exempted from providing notification of requirements for the collection of there is no safety performance information entitled ‘‘Motorcycle implication associated with this the noncompliance, as required by 49 U.S.C. 30118, and a remedy for the Helmets (Labeling)’’ (OMB Control technical noncompliance. Number: 2127–0518). 3. In addition to meeting component- noncompliance, as required by 49 Before a Federal agency can collect level performance requirements of U.S.C. 30120, should be granted. certain information from the public, it FMVSS No. 205, the subject glazing also FCA US’ complete petition and all must receive approval from the Office of fully meets the vehicle-level installation supporting documents are available by Management and Budget (OMB). Under requirements specified by FMVSS No. logging onto the Federal Docket procedures established by the 205. The subject glazing at 22% light Management System (FDMS) website at: Paperwork Reduction Act of 1995, transmissibility is permitted in the https://www.regulations.gov and before seeking OMB approval, Federal liftgate glass location on the affected following the online search instructions agencies must solicit public comment Jeep Compass vehicles. to locate the docket number listed in the on proposed collections of information, 4. The actual transmissibility of the title of this notice. including extensions and reinstatement subject liftgate glass glazing of previously approved collections. (approximately 22%) is consistent with NHTSA notes that the statutory DATES: You should submit your all the other glazing rearward of the provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to comments early enough to ensure that driver (i.e. left and right side windows, Docket Management receives them no and the left and right rear-quarter file petitions for a determination of later than June 15, 2018. window glazing) on the affected Jeep inconsequentiality allow NHTSA to ADDRESSES: You may submit comments Compass vehicles. Accordingly, there is exempt manufacturers only from the (identified by the DOT Docket ID no reason for the customer, state duties found in sections 30118 and Number above) by any of the following inspection authorities, service personnel 30120, respectively, to notify owners, methods: or anyone else to focus on or detect any purchasers, and dealers of a defect or • Federal eRulemaking Portal: Go to distinction involving the subject liftgate noncompliance and to remedy the http://www.regulations.gov. Follow the glass. defect or noncompliance. Therefore, any online instructions for submitting 5. Even in the extremely unlikely decision on this petition only applies to comments. event that a glazing corresponding to the the subject vehicles that FCA US no • Mail: Docket Management Facility: incorrect markings (i.e. solar glazing longer controlled at the time it U.S. Department of Transportation, 1200 with 70% transmittance) was installed determined that the noncompliance New Jersey Avenue SE, West Building on an affected vehicle, this would also existed. However, any decision on this Ground Floor, Room W12–140, be fully compliant to all requirements of petition does not relieve vehicle Washington, DC 20590–0001. FMVSS No. 205. distributors and dealers of the • Hand Delivery or Courier: West 6. FCA US is not aware of any Building Ground Floor, Room W12–140, prohibitions on the sale, offer for sale, crashes, injuries, or customer 1200 New Jersey Avenue SE, or introduction or delivery for complaints associated with this Washington, DC 20590–0001 between 9 introduction into interstate commerce of condition. a.m. and 5 p.m. ET, Monday through 7. NHTSA has previously granted the noncompliant vehicles under their control after FCA US notified them that Friday, except Federal holidays. similar inconsequential treatment for the subject noncompliance existed. • Fax: 202–493–2251. FMVSS No. 205 marking Regardless of how you submit your noncompliance. Examples of similar Authority: (49 U.S.C. 30118, 30120: comments, you should mention the granted inconsequentiality petitions for delegations of authority at 49 CFR 1.95 and docket number of this document. You incorrect markings related to glazing 501.8) may call the Docket at 202–366–9324. include: Please identify the proposed collection srobinson on DSK3G9T082PROD with NOTICES Claudia W. Covell, a. Supreme Corporation, NHTSA– of information for which a comment is 2015–0126 N2 October 21, 2016. Acting Director, Office of Vehicle Safety provided, by referencing its OMB b. Mitsubishi Motors North America, Compliance. clearance number. It is requested, but Inc., NHTSA–2015–0066 N2, August 22, [FR Doc. 2018–07829 Filed 4–13–18; 8:45 am] not required, that two copies of the 2015. BILLING CODE 4910–59–P comment be provided. c. Ford Motor Company, NHTSA– Note that all comments received will 2014–0054 N2, March 2, 2015. be posted without change to http:// VerDate Sep<11>2014 19:42 Apr 13, 2018 Jkt 244001 PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 E:\FR\FM\16APN1.SGM 16APN1


Document Created: 2018-04-14 02:18:59
Document Modified: 2018-04-14 02:18:59
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
ActionReceipt of petition.
DatesThe closing date for comments on the petition is May 16, 2018.
FR Citation83 FR 16430 
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