Fuji Heavy Industries USA, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 27474-27476 [2013-11089]
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27474
Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Notices
Rockland and Westchester Counties,
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and approvals for the project.
DATES: By this notice, the FHWA is
advising the public of final agency
actions subject to 23 U.S.C. 139(l)(1). A
claim seeking judicial review of the
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is filed on or before October 7, 2013. If
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that shorter time period still applies.
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Jonathan D. McDade, Division
Administrator, Federal Highway
Administration, Leo W. O’Brien Federal
Building, Albany, New York 12207,
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10591, Telephone (914) 524–5440.
On
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a ‘‘Notice of Final Federal Agency
Actions’’ on the Tappan Zee Hudson
River Crossing (New NY Bridge) Project
in New York, in the Federal Register at
FR Doc. 2012–26799. Tappan Zee
Hudson River Crossing (New NY Bridge)
Project is located on the Hudson River
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SUPPLEMENTARY INFORMATION:
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18:05 May 09, 2013
Jkt 229001
the project Web site at
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This notice applies to USACE and
USCG agency decisions as of the
issuance date of this notice and all laws
under which such actions were taken,
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1. General: National Environmental
Policy Act (NEPA) [42 U.S.C. 4321–
4351];
2. Bridges: General Bridge Act of
1946, 33 U.S.C. 525–533.
3. Air: Clean Air Act Section 176 (c),
42 U.S.C. 7506(c).
4. Wildlife: Endangered Species Act
[16 U.S.C. 1531–1544 and Section
1536], Marine Mammal Protection Act
[16 U.S.C. 1361], Anadromous Fish
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757(g)], Fish and Wildlife Coordination
Act [16 U.S.C. 661–667(d)], Migratory
Bird Treaty Act [16 U.S.C. 703–712],
Magnuson-Stevenson Fishery
Conservation and Management Act of
1976, as amended [16 U.S.C. 1801 et
seq.].
5. Historic and Cultural Resources:
Section 106 of the National Historic
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[16 U.S.C. 470(f) et seq.]; Archeological
Resources Protection Act of 1977 [16
U.S.C. 470(aa)-11]; Archeological and
Historic Preservation Act [16 U.S.C.
469–469(c)]; Native American Grave
Protection and Repatriation Act
(NAGPRA) [25 U.S.C. 3001–3013].
6. Wetlands and Water Resources:
Clean Water Act, 33 U.S.C. 1251–1377
(Section 319, 401, 404); Rivers and
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Invasive Species.
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program.)
Authority: 23 U.S.C. 139(l)(1).
Issued on: May 2, 2013.
Jonathan D. McDade,
Division Administrator, Albany, NY.
[FR Doc. 2013–11138 Filed 5–9–13; 8:45 am]
BILLING CODE 4910–RY–P
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2010–0041; Notice 2]
Fuji Heavy Industries USA, Inc., Grant
of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration, DOT.
ACTION: Grant of petition.
AGENCY:
Fuji Heavy Industries USA,
Inc. (Fuji) has determined that certain
model year 2010 Subaru Legacy
passenger car and Outback
multipurpose Passenger Cars,
manufactured from the start of their
2010 model year production through
June 30, 2009, did not comply with
paragraph S19.2.2 of Federal Motor
Vehicle Safety Standard FMVSS No.
208, Occupant Crash Protection. Fuji
has filed an appropriate report pursuant
to 49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports, dated July 16, 2009.
Pursuant to 49 U.S.C. 30118(d) and
30120(h) and the rule implementing
those provisions at 49 CFR part 556,
Fuji 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 Fuji’s petition was
published, with a 30-day public
comment period, on April 19, 2010, in
the Federal Register (75 FR 20423).
Comments were received from
Advocates for Highway & Auto Safety.
To view the petition, the comments, and
all supporting documents log onto the
Federal Docket Management System
(FDMS) Web site at: https://
www.regulations.gov/. Then follow the
online search instructions to locate
docket number ‘‘NHTSA–2010–0041.’’
For further information on this
decision, contact Mr. Lawrence Valvo,
Office of Vehicle Safety Compliance,
NHTSA, telephone (202) 366–5359.
Vehicles Involved: Affected are
approximately 3,405 model year 2010
Subaru Legacy passenger car and
Outback multipurpose Passenger Cars,
manufactured from the start of their
2010 model year production through
June 30, 2009. Fuji also estimated that
0.8% of those 3,405 have the subject
noncompliance.
Summary of Fuji’s Analysis and
Arguments: Fuji explained that the
noncompliance is that front passenger
air bag suppression status telltale lamp
did not illuminate as required by
paragraph S19.2.2 of FMVSS No. 208.
SUMMARY:
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Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Notices
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Fuji expressed the belief that the cause
of the noncompliance is an open circuit
in the power supply to the lamp. The
Company said that ‘‘installation of the
wiring harness to the multifunction
display and passenger air bag
suppression status telltale was routed at
the instrument panel subsupplier such
that tension was put on the wiring
harness connector’’ which can cause it
to come loose. To correct this problem,
the Company has re-routed the wiring
harness to ‘‘push’’ rather than ‘‘pull’’ on
the wiring harness connector in vehicles
manufactured after July 10, 2009.
The noncompliance was discovered
on July 1, 2009, at the Company’s
Subaru Indiana plant during a quality
inspection process that revealed a
number of multi-function displays that
did not illuminate and further
inspection revealed that this also
affected the front passenger air bag
suppression status telltale.1
On July 10, 2009, Fuji completed the
inspection of 5,400 of its vehicles
awaiting shipment and corrected the
noncompliance of 45 vehicles by
‘‘pushing tight’’ the harness connector.
In addition, Subaru of America, Inc.
notified its U.S. dealers and distributors
on July 16, 2009, and included complete
repair instructions for vehicles in their
inventory which had not been inspected
or repaired prior to shipment from the
Company.
Fuji believes that the noncompliance
is inconsequential to motor vehicle
safety. Fuji argues that:
Based on the inspection of approximately
5,400 vehicles still at Subaru Automotive
Indiana and a finding that the wiring harness
connector to the front passenger air bag
suppression status telltale or other multifunction display had been loose on 45
vehicles, Subaru has determined that the
expected occurrence rate is about 0.8% [less
than one percent].
[Subaru] . . . has determined that 3,405
vehicles were shipped to dealers prior to the
discovery of this problem. Using the above
frequency rate, . . . [the Company] expect
that only about 27 vehicles will have a
noncompliance with FMVSS 208.
All other aspects of the front passenger
advanced air bag suppression system will
continue to function properly.
Since Subaru has both an OFF and ON
indication in the suppression telltale, a
complete absence of illumination is a
warning that the lamp is not functioning.
Since power to the telltale is also power to
the multi-function display, the owner will
have a clear indication to quickly report a
problem to a Subaru dealer.
1 The 2010 Subaru Legacy and Outback models’
telltale has both an air bag suppression status
indicator for ON and OFF. Thus, either ON or OFF
on the telltale should be illuminated whenever the
ignition is on.
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18:46 May 09, 2013
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Vibration bench testing in Japan by the
[Company’s] supplier revealed that no
disengagement of a wiring harness connector
that originally worked properly will occur
during the use of vehicle.
Dealers will receive a TSB with repair
instructions on July 16, 2009 for any vehicles
in their inventory, which had not been
inspected or repaired prior to shipment to
dealers or for vehicles where the owner
reports a telltale/multi-function display
problem. Dealers will also be instructed to
check both the telltale and display at the first
scheduled service (at 3,750 or 7,000 miles
depending on variant).
In summary, Fuji/Subaru states that it
believes the noncompliance is
inconsequential to motor vehicle safety
because the expected occurrence rate for
the noncompliance is less than one
percent (about 0.8%); a complete
absence of illumination on the telltale
gives a clear indication to the vehicle
owner to quickly report a problem to the
Subaru dealer; the Company’s vibration
testing supports the conclusion that this
noncompliance is not likely to later
occur in vehicles that were produced
without the noncompliance; and Dealers
will also be instructed to check both the
telltale and display at the first
scheduled service (at 3,750 or 7,000
miles depending on variant) and will
receive a technical service bulletin
(TSB) with repair instructions for any
vehicles in their inventory, which had
not been inspected or repaired prior to
shipment to dealers or for vehicles
where the owner reports a telltale/multifunction display problem.
Discussion: NHTSA has reviewed and
accepts Fuji’s analyses that the
noncompliance is inconsequential to
motor vehicle safety. Fuji has provided
documentation that the front passenger
air bag suppression status telltale lamp
does comply with all other safety
performance requirements of the
standard, except the illumination.
NHTSA has reviewed all incoming
complaints on the subject vehicles and
found no complaints matching the
subject noncompliance.
NHTSA’s Response to Comments:
NHTSA received a comment from
Advocates for Highway & Auto Safety
(Advocates) that recommended
conditions under which to grant or deny
concerning Fuji’s petition.
Advocates expressed concern that the
inability of the air bag telltale to
accurately communicate the status of
the front passenger air bag in the subject
vehicles may mislead passengers to
behave in a manner that is in conflict
with the actual air bag status, thereby
posing a significant danger to the
passenger in the event of a crash. It
provided the following examples as
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27475
scenarios which, they claim, may place
a passenger at risk.
1. ‘‘The lack of a lighted indicator
may be mistakenly interpreted to mean
that the air bag itself has malfunctioned,
or that only the air bag suppression
feature is not working and that it is safe
for an adult to use the front passenger
seating position.’’
2. ‘‘[T]he lack of a lighted ‘‘ON’’
symbol on the telltale may be taken to
mean that the air bag suppression is not
activated and that it would be safe to
place a rear facing infant restraint or a
young child in the front passenger seat
falsely assuming that the air bag would
not deploy in the event of a crash.
Advocates believes that Subaru
should be able to document the number
of front passenger air bag telltales that
were serviced, found to be
malfunctioning, and were repaired out
of the 3,405 affected Subaru Legacys
and Outbacks that were shipped to
dealers during the 10 month period
before Subaru identified the problem
since owners would have had ample
time to notice a malfunction of the
telltale and return their vehicle to the
dealer for repair. Advocates
recommended that if the repair data
indicate that many or most of the
noncompliant vehicles (27 of 3,405
potentially affected, as estimated by
Subaru) have been repaired, that
NHTSA should grant the petition,
assuming that the agency agrees with
Subaru’s 0.8 percent noncompliance
rate. Furthermore, it recommended that
if the agency believes Subaru’s 0.8
percent noncompliance rate is not
reliable, or if many or most of the
estimated 27 noncompliant vehicles
have not been repaired, then the agency
should deny the petition.
Advocates stated that ‘‘NHTSA has on
a number of occasions stated that
noncompliance in even a single vehicle
is significant, and therefore not
inconsequential, if the failure to comply
poses a threat to occupant safety’’ and
‘‘NHTSA has pointed out that small
numbers or low percentages of
noncompliant vehicles do not provide
the basis for granting of a petition for
inconsequential noncompliance.’’
Though these assertions are correct, the
agency has decided to grant Fuji’s
request for inconsequentiality for
reasons other than the low number of
vehicle that Subaru had calculated to be
noncompliant. These reasons are as
follows:
• Fuji issued a technical service
bulletin (TSB) to its dealerships on July
16, 2009, that described the repair
procedure for vehicles with inoperative
passenger air bag status telltale lamps.
This led to the repair of 28 vehicles
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27476
Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Notices
which agrees with Fuji’s initial estimate
of 27 vehicles.
• As of April 10, 2013, a total of 144
consumer complaints have been
received by NHTSA for the 2010 Subaru
Legacy and Outback models. None of
these complaints are related to the
problem described by Subaru in their
petition for inconsequentiality.
• As described in Fuji’s petition,
power is supplied to the passenger air
bag status telltale lamp and the
multifunction display with the same
wiring harness connector. If the telltale
does not receive power due to an open
circuit from a loose connector, the entire
multi-function display will also not
illuminate and will be inoperable. Fuji
believes this condition will be apparent
to the consumer and would lead them
to have the vehicle serviced. There were
no consumer complaints reported to
NHTSA related to this problem.
• Fuji explained that, based upon
their supplier’s vibration testing, the
fault would not occur on a vehicle that
originally had a functioning passenger
air bag status telltale lamp and
multifunction display. There were no
consumer complaints reported to
NHTSA related to loss of illumination of
the telltale lamp and/or multifunction
display.
Given the absence any related
consumer complaints to date, the
conspicuous nature of the problem on
any vehicles with the fault, and Fuji’s
action to put in place a procedure to
repair the few that did, the agency does
not believe there is a significant risk to
the motoring public in this specific case.
NHTSA Decision: In consideration of
the foregoing, NHTSA has decided that
Fuji met its burden of persuasion that
the FMVSS No. 208 noncompliance
with respect to the front passenger air
bag suppression status telltale lamp
described in Fuji’s Noncompliance
Information Report is inconsequential to
motor vehicle safety. Accordingly, Fuji’s
petition is hereby granted and the Fuji
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
decision only applies to the 3,405
noncompliant vehicles that Fuji no
longer controlled at the time that it
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18:05 May 09, 2013
Jkt 229001
determined that a noncompliance
existed in the subject vehicles.
Authority: 49 U.S.C. 30118, 30120;
delegations of authority at 49 CFR 1.95 and
501.8.
Issued On: May 6, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013–11089 Filed 5–9–13; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2010–0142; Notice 2]
Pirelli Tire LLC, Grant of Petition for
Decision of Inconsequential
Noncompliance
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of Petition Grant.
AGENCY:
Pirelli Tire LLC (Pirelli), has
determined that approximately 30,881
Pirelli Pzero Nero M+S and Scorpion
Zero Asimmetrico replacement tires
produced between September 2, 2007,
and December 12, 2009, do not fully
comply with the tire labeling
requirements of paragraphs S5.5 and
S7.3 of Federal Motor Vehicle Safety
Standard (FMVSS) No. 139, New
Pneumatic Radial Tires for Light
Vehicles. On March 12, 2010, Pirelli
filed an appropriate report 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,
Pirelli 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.
Specifically, Pirelli submitted the
original petition dated March 12, 2010,
and a supplement to the original
petition dated April 12, 2010.
Notice of receipt of Pirelli’s petition
was published, with a 30-day public
comment period, on November 9, 2010,
in the Federal Register (75 FR 68855).
No comments were received. To view
the petition and all supporting
documents log onto the Federal Docket
Management System Web site at:
https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2010–
0142.’’
Contact Infromation: For further
information on this decision, contact
SUMMARY:
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Mr. Jack Chern, Office of Vehicle Safety
Compliance, the National Highway
Traffic Safety Administration (NHTSA),
telephone (202) 366–0661, facsimile
(202) 366–7002.
Tires Involved: Affected are
approximately 30,881 Pirelli Pzero Nero
M+S and Scorpion Zero Asimmetrico
replacement tires produced between
September 2, 2007, and December 12,
2009,—in the tire sizes indicated in the
following list—have the subject
noncompliance:
P245/45ZR17 95W, Pzero Nero M+S
P235/45ZR17 94W, Pzero Nero M+S
P235/40ZR18 91W, Pzero Nero M+S
P215/35ZR18 84W, Pzero Nero M+S
P215/35ZR19 85W, Pzero Nero M+S
265/35ZR22 102W Extra Load, Scorpion Zero
Asimmetrico
295/30ZR22 103W Extra Load, Scorpion Zero
Asimmetrico
305/35ZR23 111W Extra Load, Scorpion Zero
Asimmetrico
265/45ZR20 108W Extra Load, Scorpion Zero
Asimmetrico
Summary of Pirelli’s Analysis and
Arguments: Pirelli described the
noncompliance as the absence of either
the complete or partial tire
identification number (TIN) on the inner
tire sidewall as required by paragraphs
S5.5 and S7.3 of FMVSS No. 139.
Pirelli argues that because all of the
affected tires have an asymmetric tread
pattern that can only be correctly
installed with the intended outer
sidewall facing the outside of the
vehicle. Pirelli also points out that
asymmetric tires represent a very small
percentage of the overall tire market.
Pirelli explained that all of the
affected tires are stenciled on the
intended outboard sidewall with the
lettering OUTER in four different
languages (English, French, German and
Italian).
Pirelli further explained that the noncompliance was identified on February
26, 2010, during an inspection of mold
branding at the plant that produced the
subject tires. Pirelli then examined
related production records in order to
accurately identify the specific
noncompliant tires. All molds are being
modified or have been modified to
ensure that the appropriate TIN
information is contained on both
sidewalls for future production.
Pirelli provided the following basis of
why they believe the subject
noncompliance is inconsequential to
motor vehicle safety:
While the subject tires are noncompliant
with paragraph S5.5 of FMVSS No. 139 for
labeling, the noncompliance has an
inconsequential effect on tire performance
and motor vehicle safety because all of the
affected tires meet or exceed all of the
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]]>Agencies
[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Notices]
[Pages 27474-27476]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11089]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0041; Notice 2]
Fuji Heavy Industries USA, Inc., Grant of Petition for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Grant of petition.
-----------------------------------------------------------------------
SUMMARY: Fuji Heavy Industries USA, Inc. (Fuji) has determined that
certain model year 2010 Subaru Legacy passenger car and Outback
multipurpose Passenger Cars, manufactured from the start of their 2010
model year production through June 30, 2009, did not comply with
paragraph S19.2.2 of Federal Motor Vehicle Safety Standard FMVSS No.
208, Occupant Crash Protection. Fuji has filed an appropriate report
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports, dated July 16, 2009.
Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR part 556, Fuji 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 Fuji's
petition was published, with a 30-day public comment period, on April
19, 2010, in the Federal Register (75 FR 20423). Comments were received
from Advocates for Highway & Auto Safety. To view the petition, the
comments, and all supporting documents log onto the Federal Docket
Management System (FDMS) Web site at: https://www.regulations.gov/. Then
follow the online search instructions to locate docket number ``NHTSA-
2010-0041.''
For further information on this decision, contact Mr. Lawrence
Valvo, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366-
5359.
Vehicles Involved: Affected are approximately 3,405 model year 2010
Subaru Legacy passenger car and Outback multipurpose Passenger Cars,
manufactured from the start of their 2010 model year production through
June 30, 2009. Fuji also estimated that 0.8% of those 3,405 have the
subject noncompliance.
Summary of Fuji's Analysis and Arguments: Fuji explained that the
noncompliance is that front passenger air bag suppression status
telltale lamp did not illuminate as required by paragraph S19.2.2 of
FMVSS No. 208.
[[Page 27475]]
Fuji expressed the belief that the cause of the noncompliance is an
open circuit in the power supply to the lamp. The Company said that
``installation of the wiring harness to the multifunction display and
passenger air bag suppression status telltale was routed at the
instrument panel subsupplier such that tension was put on the wiring
harness connector'' which can cause it to come loose. To correct this
problem, the Company has re-routed the wiring harness to ``push''
rather than ``pull'' on the wiring harness connector in vehicles
manufactured after July 10, 2009.
The noncompliance was discovered on July 1, 2009, at the Company's
Subaru Indiana plant during a quality inspection process that revealed
a number of multi-function displays that did not illuminate and further
inspection revealed that this also affected the front passenger air bag
suppression status telltale.\1\
---------------------------------------------------------------------------
\1\ The 2010 Subaru Legacy and Outback models' telltale has both
an air bag suppression status indicator for ON and OFF. Thus, either
ON or OFF on the telltale should be illuminated whenever the
ignition is on.
---------------------------------------------------------------------------
On July 10, 2009, Fuji completed the inspection of 5,400 of its
vehicles awaiting shipment and corrected the noncompliance of 45
vehicles by ``pushing tight'' the harness connector. In addition,
Subaru of America, Inc. notified its U.S. dealers and distributors on
July 16, 2009, and included complete repair instructions for vehicles
in their inventory which had not been inspected or repaired prior to
shipment from the Company.
Fuji believes that the noncompliance is inconsequential to motor
vehicle safety. Fuji argues that:
Based on the inspection of approximately 5,400 vehicles still at
Subaru Automotive Indiana and a finding that the wiring harness
connector to the front passenger air bag suppression status telltale
or other multi-function display had been loose on 45 vehicles,
Subaru has determined that the expected occurrence rate is about
0.8% [less than one percent].
[Subaru] . . . has determined that 3,405 vehicles were shipped
to dealers prior to the discovery of this problem. Using the above
frequency rate, . . . [the Company] expect that only about 27
vehicles will have a noncompliance with FMVSS 208.
All other aspects of the front passenger advanced air bag
suppression system will continue to function properly.
Since Subaru has both an OFF and ON indication in the
suppression telltale, a complete absence of illumination is a
warning that the lamp is not functioning. Since power to the
telltale is also power to the multi-function display, the owner will
have a clear indication to quickly report a problem to a Subaru
dealer.
Vibration bench testing in Japan by the [Company's] supplier
revealed that no disengagement of a wiring harness connector that
originally worked properly will occur during the use of vehicle.
Dealers will receive a TSB with repair instructions on July 16,
2009 for any vehicles in their inventory, which had not been
inspected or repaired prior to shipment to dealers or for vehicles
where the owner reports a telltale/multi-function display problem.
Dealers will also be instructed to check both the telltale and
display at the first scheduled service (at 3,750 or 7,000 miles
depending on variant).
In summary, Fuji/Subaru states that it believes the noncompliance
is inconsequential to motor vehicle safety because the expected
occurrence rate for the noncompliance is less than one percent (about
0.8%); a complete absence of illumination on the telltale gives a clear
indication to the vehicle owner to quickly report a problem to the
Subaru dealer; the Company's vibration testing supports the conclusion
that this noncompliance is not likely to later occur in vehicles that
were produced without the noncompliance; and Dealers will also be
instructed to check both the telltale and display at the first
scheduled service (at 3,750 or 7,000 miles depending on variant) and
will receive a technical service bulletin (TSB) with repair
instructions for any vehicles in their inventory, which had not been
inspected or repaired prior to shipment to dealers or for vehicles
where the owner reports a telltale/multi-function display problem.
Discussion: NHTSA has reviewed and accepts Fuji's analyses that the
noncompliance is inconsequential to motor vehicle safety. Fuji has
provided documentation that the front passenger air bag suppression
status telltale lamp does comply with all other safety performance
requirements of the standard, except the illumination. NHTSA has
reviewed all incoming complaints on the subject vehicles and found no
complaints matching the subject noncompliance.
NHTSA's Response to Comments: NHTSA received a comment from
Advocates for Highway & Auto Safety (Advocates) that recommended
conditions under which to grant or deny concerning Fuji's petition.
Advocates expressed concern that the inability of the air bag
telltale to accurately communicate the status of the front passenger
air bag in the subject vehicles may mislead passengers to behave in a
manner that is in conflict with the actual air bag status, thereby
posing a significant danger to the passenger in the event of a crash.
It provided the following examples as scenarios which, they claim, may
place a passenger at risk.
1. ``The lack of a lighted indicator may be mistakenly interpreted
to mean that the air bag itself has malfunctioned, or that only the air
bag suppression feature is not working and that it is safe for an adult
to use the front passenger seating position.''
2. ``[T]he lack of a lighted ``ON'' symbol on the telltale may be
taken to mean that the air bag suppression is not activated and that it
would be safe to place a rear facing infant restraint or a young child
in the front passenger seat falsely assuming that the air bag would not
deploy in the event of a crash.
Advocates believes that Subaru should be able to document the
number of front passenger air bag telltales that were serviced, found
to be malfunctioning, and were repaired out of the 3,405 affected
Subaru Legacys and Outbacks that were shipped to dealers during the 10
month period before Subaru identified the problem since owners would
have had ample time to notice a malfunction of the telltale and return
their vehicle to the dealer for repair. Advocates recommended that if
the repair data indicate that many or most of the noncompliant vehicles
(27 of 3,405 potentially affected, as estimated by Subaru) have been
repaired, that NHTSA should grant the petition, assuming that the
agency agrees with Subaru's 0.8 percent noncompliance rate.
Furthermore, it recommended that if the agency believes Subaru's 0.8
percent noncompliance rate is not reliable, or if many or most of the
estimated 27 noncompliant vehicles have not been repaired, then the
agency should deny the petition.
Advocates stated that ``NHTSA has on a number of occasions stated
that noncompliance in even a single vehicle is significant, and
therefore not inconsequential, if the failure to comply poses a threat
to occupant safety'' and ``NHTSA has pointed out that small numbers or
low percentages of noncompliant vehicles do not provide the basis for
granting of a petition for inconsequential noncompliance.'' Though
these assertions are correct, the agency has decided to grant Fuji's
request for inconsequentiality for reasons other than the low number of
vehicle that Subaru had calculated to be noncompliant. These reasons
are as follows:
Fuji issued a technical service bulletin (TSB) to its
dealerships on July 16, 2009, that described the repair procedure for
vehicles with inoperative passenger air bag status telltale lamps. This
led to the repair of 28 vehicles
[[Page 27476]]
which agrees with Fuji's initial estimate of 27 vehicles.
As of April 10, 2013, a total of 144 consumer complaints
have been received by NHTSA for the 2010 Subaru Legacy and Outback
models. None of these complaints are related to the problem described
by Subaru in their petition for inconsequentiality.
As described in Fuji's petition, power is supplied to the
passenger air bag status telltale lamp and the multifunction display
with the same wiring harness connector. If the telltale does not
receive power due to an open circuit from a loose connector, the entire
multi-function display will also not illuminate and will be inoperable.
Fuji believes this condition will be apparent to the consumer and would
lead them to have the vehicle serviced. There were no consumer
complaints reported to NHTSA related to this problem.
Fuji explained that, based upon their supplier's vibration
testing, the fault would not occur on a vehicle that originally had a
functioning passenger air bag status telltale lamp and multifunction
display. There were no consumer complaints reported to NHTSA related to
loss of illumination of the telltale lamp and/or multifunction display.
Given the absence any related consumer complaints to date, the
conspicuous nature of the problem on any vehicles with the fault, and
Fuji's action to put in place a procedure to repair the few that did,
the agency does not believe there is a significant risk to the motoring
public in this specific case.
NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that Fuji met its burden of persuasion that the FMVSS No. 208
noncompliance with respect to the front passenger air bag suppression
status telltale lamp described in Fuji's Noncompliance Information
Report is inconsequential to motor vehicle safety. Accordingly, Fuji's
petition is hereby granted and the Fuji 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 decision
only applies to the 3,405 noncompliant vehicles that Fuji no longer
controlled at the time that it determined that a noncompliance existed
in the subject vehicles.
Authority: 49 U.S.C. 30118, 30120; delegations of authority at
49 CFR 1.95 and 501.8.
Issued On: May 6, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-11089 Filed 5-9-13; 8:45 am]
BILLING CODE 4910-59-P
