Mitsubishi Motors North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 72482-72483 [2015-29472]

Download as PDF 72482 Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Notices Authority: 23 U.S.C. 313; Pub. L. 110–161. Paul A. Hemmersbaugh, Chief Counsel. [FR Doc. 2015–29528 Filed 11–18–15; 8:45 am] BILLING CODE 4910–59–P 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 National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: 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 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:00 Nov 18, 2015 Jkt 238001 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 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 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. 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 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). E:\FR\FM\19NON1.SGM 19NON1 Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Notices 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 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0103; Notice 1] Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Michelin North America, Inc. (MNA), has determined that certain Michelin heavy truck tires do not fully comply with paragraphs S6.5(a) and (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. MNA has filed an appropriate report dated September 18, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is December 21, 2015. 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 at the beginning 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 Deliver: Deliver comments by hand to: U.S. Department of Transportation, Docket Operations, M– mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:00 Nov 18, 2015 Jkt 238001 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) Web site at http:// 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 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 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 above 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. SUPPLEMENTARY INFORMATION: I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), MNA 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 MNA’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. Tires Involved: Affected are approximately 247 Michelin X Works PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 72483 XZY size 315/80R22.5 156/150K heavy truck tires that were manufactured between January 1, 2011 and July 31, 2015. III. Noncompliance: MNA describes the noncompliance’s as the inadvertent omission from the tires sidewall of the letter marking that designates the tire load range as required by paragraph S6.5(j) and the symbol ‘‘DOT’’ confirming certification as required by paragraph S6.5(a) of FMVSS No. 119. IV. Rule Text: Paragraph S6.5 of FMVSS No. 119 requires in pertinent part: S6.5 Tire Markings. Except as specified in this paragraph, each tire shall be marked on each sidewall with the information specified in paragraphs (a) through (j) of this section. . . . (a) The symbol DOT, which shall constitute a certification that the tire conforms to applicable Federal Motor Vehicle Safety standards. This symbol may be marked on only one sidewall. . . . (j) The letter designating the tire Load Range. V. Summary of MNA’s Petition: MNA believes that while it did not intend to release the subject tires for sale in the U.S. market, and therefore did not mark the tires accordingly, it believes that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (1) Maximum Load Rating: The subject tires are marked on both sidewalls with the European Tyre and Rim Technical Organization (ETRTO) published load capacities in pounds and kilograms for single and dual application in the format specified by FMVSS No. 119. MNA believes that this marking provides sufficient information to ensure the proper application of the tire. (2) Load Index: The subject tire is marked with the [International Organization for Standardization] ISO load indices for single and dual application as specified by the ETRTO standard. MNA believes that ISO load indices are widely recognized within the industry and thus provide additional information to ensure the proper application of the tire. (3) Other Markings: All other markings specified by FMVSS No. 119 are present on the tire including the full tire identification number (TIN). (4) Performance: The subject tire meets all performance requirements of FMVSS No. 119. MNA believes that the subject noncompliances have no impact on the load carrying capacity of the tire on a motor vehicle, nor on motor vehicle safety itself. E:\FR\FM\19NON1.SGM 19NON1

Agencies

[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)]
[Notices]
[Pages 72482-72483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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