Fuji Heavy Industries U.S.A., Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 12827-12828 [2013-04171]

Download as PDF Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Notices and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by April 11, 2013 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). See http:// www.regulations.gov/#!privacyNotice for the privacy notice of regulations.gov or interested parties may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477). Issued in Washington, DC, on February 20, 2013. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2013–04243 Filed 2–22–13; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2002–12409] mstockstill on DSK4VPTVN1PROD with NOTICES Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), this document provides the public notice that by a document dated November 30, 2012, Port Authority Trans-Hudson (PATH) has petitioned the Federal Railroad Administration (FRA) for an extension of Waiver Docket Number FRA–2002–12409, which provides relief from certain provisions of 49 CFR part 238—Passenger Equipment Safety Standards. Specifically, PATH requests extension of the waiver of compliance from the requirements of 49 CFR 238.305(c)(10)— Interior calendar day mechanical inspection of passenger cars, 238.305.(d), and 238.317(a)(1)— Movement of passenger equipment with other than power brake defects. These regulations are associated with the interior calendar-day inspection and Class 2 brake test, respectively. PATH requests relief from the requirement to remove a car from service on the calendar day following the interior calendar-day mechanical inspection, and requests that the car be permitted to remain in passenger service until the car can be brought to the PATH running repair or main repair facility at the earliest practical time, but not to VerDate Mar<15>2010 17:22 Feb 22, 2013 Jkt 229001 exceed 8 calendar days following notification, providing all of the specific conditions contained in 49 CFR 238.305(c)(10) and 49 CFR 238.305(d)(1)–(d)(3) are met. PATH further requests partial relief from the requirement to perform a Class 2 brake test during specific periods of time at terminal locations in which terminal dwell times are less than 5 minutes. PATH asserts that the conductor does not have adequate time to remain at the rear of the train to perform the brake test while the engineer changes operating position and then walk forward to the conductor’s operating position between the first and second cars. FRA assigned the petition Docket Number FRA–2002– 12409. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods: • Web site: http:// www.regulations.gov/. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by April 11, 2013 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 12827 name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). See http:// www.regulations.gov/#!privacyNotice for the privacy notice of regulations.gov or interested parties may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477). Issued in Washington, DC, on February 20, 2013. Robert C. Lauby, Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2013–04286 Filed 2–22–13; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2013–0017; Notice 1] Fuji Heavy Industries U.S.A., Inc., Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Receipt of Petition. AGENCY: Fuji Heavy Industries U.S.A., Inc., on behalf of Subaru of America (Fuji),1 has determined that certain 2013 Subaru XV Crosstrek Multipurpose Passenger Vehicles manufactured between May 17, 2012, and February 7, 2013, do not fully comply with paragraphs S6.1 and S6.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. Fuji has filed an appropriate report dated January 29, 2013, pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Fuji 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. This notice of receipt of Fuji’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. Vehicles Involved: Affected are approximately 23,600 model year 2013 Subaru XV Crosstrek passenger vehicles SUMMARY: 1 Fuji North America, Inc., is a manufacturer of motor vehicles and is registered under the laws of the state of New Jersey. E:\FR\FM\25FEN1.SGM 25FEN1 12828 Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Notices manufactured between May 17, 2012, and February 7, 2013. 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, these provisions only apply to the subject 23,600 2 model year 2013 Subaru XV Crosstrek multipurpose passenger vehicles that Fuji no longer controlled at the time it determined that the noncompliance existed. Noncompliance: Fuji explains that the noncompliance is that, due to a labeling error, the glazing markings on the rear window of the subject vehicles lack the symbol ‘‘DOT’’, the manufacturer’s code mark (i.e. 44), and the AS3 code mark and thus do not conform to the requirements of 49 CFR 571.205 paragraphs S6.1 and S6.2. Rule Text: Paragraphs S6.1 and S6.2 of FMVSS No. 205 requires in pertinent part: S6.1 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 that is designed— (a) As 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. S6.2 A prime glazing manufacturer certifies its glazing by adding to the marks required by section 7 of ANSI 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. Summary of Fuji’s Analysis and Arguments mstockstill on DSK4VPTVN1PROD with NOTICES Fuji explains that while the noncompliant vehicle’s rear window glazing lack the following markings: The symbol ‘‘DOT’’, the manufacturer’s code mark (i.e. 44) and the AS3 code mark; on the glazing of the rear window as required by FMVSS No. 205, the rear glazing of the affected vehicles 2 Fuji’s petition, which was filed under 49 CFR Part 556, requests an agency decision to exempt Fuji as a motor vehicle manufacturer from the notification and recall responsibilities of 49 CFR Part 573 for the 23,600 affected vehicles. However, a decision on this petition will not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after Fuji notified them that the subject noncompliance existed. VerDate Mar<15>2010 17:22 Feb 22, 2013 Jkt 229001 otherwise meet or exceed all other marking and performance requirements as required by FMVSS No. 205 and ANSI Z26.1–1996. Fuji has additionally informed NHTSA that it has corrected future production and that all other glazing labeling information is correct. Fuji also expressed its belief that NHTSA has previously granted similar petitions involving the omission of FMVSS No. 205 markings. In summation, Fuji believes that the described noncompliance of its vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt it 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. Comments: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods: a. 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. b. By hand delivery 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. c. Electronically: by logging onto the Federal Docket Management System (FDMS) Web site at http:// www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to 1–202– 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 your comments were received, please enclose a stamped, selfaddressed postcard with the comments. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at http://www.regulations.gov by following PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 the online instructions for accessing the dockets. DOT’s complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000, (65 FR 19477–78). The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. Comment Closing Date: March 27, 2013. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.95 and 501.8. Issued on: February 15, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–04171 Filed 2–22–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2012–0073; Notice 2] Guizhou Tyre Corporation; Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Grant of petition. AGENCY: GTC North America, Inc., on behalf of Guizhou Tyre I/E Co. LTD (collectively referred to as ‘‘GTC’’) has determined that certain Samson and Advance brand ST trailer Tires, do not fully comply with paragraph S6.5(j) of Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New pneumatic tires for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) and motorcycles. GTC has filed an appropriate report dated March 22, 2012, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, GTC has petitioned 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 SUMMARY: E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12827-12828]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04171]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0017; Notice 1]


Fuji Heavy Industries U.S.A., Inc., Receipt of Petition for 
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition.

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SUMMARY: Fuji Heavy Industries U.S.A., Inc., on behalf of Subaru of 
America (Fuji),\1\ has determined that certain 2013 Subaru XV Crosstrek 
Multipurpose Passenger Vehicles manufactured between May 17, 2012, and 
February 7, 2013, do not fully comply with paragraphs S6.1 and S6.2 of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing 
Materials. Fuji has filed an appropriate report dated January 29, 2013, 
pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility 
and Reports.
---------------------------------------------------------------------------

    \1\ Fuji North America, Inc., is a manufacturer of motor 
vehicles and is registered under the laws of the state of New 
Jersey.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Fuji 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.
    This notice of receipt of Fuji'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.
    Vehicles Involved: Affected are approximately 23,600 model year 
2013 Subaru XV Crosstrek passenger vehicles

[[Page 12828]]

manufactured between May 17, 2012, and February 7, 2013.
    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, these provisions 
only apply to the subject 23,600 \2\ model year 2013 Subaru XV 
Crosstrek multipurpose passenger vehicles that Fuji no longer 
controlled at the time it determined that the noncompliance existed.
---------------------------------------------------------------------------

    \2\ Fuji's petition, which was filed under 49 CFR Part 556, 
requests an agency decision to exempt Fuji as a motor vehicle 
manufacturer from the notification and recall responsibilities of 49 
CFR Part 573 for the 23,600 affected vehicles. However, a decision 
on this petition will not relieve vehicle distributors and dealers 
of the prohibitions on the sale, offer for sale, introduction or 
delivery for introduction into interstate commerce of the 
noncompliant vehicles under their control after Fuji notified them 
that the subject noncompliance existed.
---------------------------------------------------------------------------

    Noncompliance: Fuji explains that the noncompliance is that, due to 
a labeling error, the glazing markings on the rear window of the 
subject vehicles lack the symbol ``DOT'', the manufacturer's code mark 
(i.e. 44), and the AS3 code mark and thus do not conform to the 
requirements of 49 CFR 571.205 paragraphs S6.1 and S6.2.
    Rule Text: Paragraphs S6.1 and S6.2 of FMVSS No. 205 requires in 
pertinent part:

    S6.1 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 that is designed--
    (a) As 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.
    S6.2 A prime glazing manufacturer certifies its glazing by 
adding to the marks required by section 7 of ANSI 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.

Summary of Fuji's Analysis and Arguments

    Fuji explains that while the noncompliant vehicle's rear window 
glazing lack the following markings: The symbol ``DOT'', the 
manufacturer's code mark (i.e. 44) and the AS3 code mark; on the 
glazing of the rear window as required by FMVSS No. 205, the rear 
glazing of the affected vehicles otherwise meet or exceed all other 
marking and performance requirements as required by FMVSS No. 205 and 
ANSI Z26.1-1996.
    Fuji has additionally informed NHTSA that it has corrected future 
production and that all other glazing labeling information is correct.
    Fuji also expressed its belief that NHTSA has previously granted 
similar petitions involving the omission of FMVSS No. 205 markings.
    In summation, Fuji believes that the described noncompliance of its 
vehicles is inconsequential to motor vehicle safety, and that its 
petition, to exempt it 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.
    Comments: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods:
    a. 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.
    b. By hand delivery 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.
    c. Electronically: by logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    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 your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment Closing Date: March 27, 2013.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.95 and 501.8.

    Issued on: February 15, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-04171 Filed 2-22-13; 8:45 am]
BILLING CODE 4910-59-P