Nissan North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 19319-19321 [2021-07507]
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Notices
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Information concerning the applications
for these projects is available at the
Commission’s Water Application and
Approval Viewer at https://
www.srbc.net/waav. Additional
supporting documents are available to
inspect and copy in accordance with the
Commission’s Access to Records Policy
at www.srbc.net/regulatory/policiesguidance/docs/access-to-records-policy2009-02.pdf.
SUPPLEMENTARY INFORMATION: The
public hearing will cover a proposed
rulemaking and three proposed
groundwater-related policies, posted at
www.srbc.net, under ‘‘What’s New’’,
click on the link for the ‘‘Proposed
Rulemaking.’’ The public hearing will
also cover the following projects:
Projects Scheduled for Action
1. Project Sponsor and Facility: ARD
Operating, LLC (West Branch
Susquehanna River), Piatt Township,
Lycoming County, Pa. Modification to
update flow protection rates to be in
accordance with current Low Flow
Protection Policy No. 2012–01 (Docket
No. 20120601).
2. Project Sponsor and Facility: Beech
Resources, LLC (Lycoming Creek),
Lycoming Township, Lycoming County,
Pa. Application for surface water
withdrawal of up to 1.500 mgd (peak
day).
3. Project Sponsor: CAN DO, Inc.
Project Facility: Humbolt Industrial
Park, Hazle Township, Luzerne County,
Pa. Applications for renewal of
groundwater withdrawals (30-day
averages) of up to 0.187 mgd from
Humbolt Well 1, up to 0.187 mgd from
Humbolt Well 3, up to 0.230 mgd from
Humbolt Well 7, up to 0.144 mgd from
Humbolt Well 8, and up to 0.230 mgd
from Humbolt Well 9 (Docket No.
19960501).
4. Project Sponsor and Facility:
Geneva Farm Golf Course, Inc., Dublin
District, Harford County, Md.
Application for renewal of consumptive
use of up to 0.099 mgd (30-day average)
(Docket No. 19910104).
5. Project Sponsor and Facility:
Greenfield Township Municipal
Authority, Greenfield Township, Blair
County, Pa. Application for
groundwater withdrawal of up to 0.499
mgd (30-day average) from Well PW–4.
6. Project Sponsor and Facility:
Pennsylvania State University, College
Township, Centre County, Pa.
Applications for renewal of
groundwater withdrawal of up to 0.960
mgd (30-day average) from Well UN–37
and consumptive use of up to 0.960 mgd
(peak day) (Docket No. 19890106–1).
7. Project Sponsor and Facility: PPG
Operations LLC (West Branch
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17:42 Apr 12, 2021
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Susquehanna River), Goshen Township,
Clearfield County, Pa. Application for
surface water withdrawal of up to 3.000
mgd (peak day).
8. Project Sponsor and Facility:
Quarryville Borough Authority,
Quarryville Borough, Lancaster County,
Pa. Application for renewal of
groundwater withdrawal of up to 0.250
mgd (30-day average) from Well 2
(Docket No. 19931102).
9. Project Sponsor and Facility: SUEZ
Water Owego-Nichols Inc., Village of
Owego and Town of Owego, Tioga
County, N.Y. Applications for
groundwater withdrawals (30-day
averages) of up to 0.880 mgd from Well
1, up to 1.115 mgd from Well 3, and up
to 0.710 mgd from Well 4.
10. Project Sponsor: Weaverland
Valley Authority. Project Facility: Blue
Ball Water System, East Earl Township,
Lancaster County, Pa. Application for
groundwater withdrawal of up to 0.144
mgd (30-day average) from Well 4 as
well as recognizing historic withdrawals
from wells 1, 2 and 3.
Project Scheduled for Action Involving
a Diversion
1. Project Sponsor and Facility: City
of Aberdeen, Harford County, Md.
Modifications to extend the approval
term of the consumptive use, surface
water withdrawal, and out-of-basin
diversion approval (Docket No.
20021210) to allow additional time for
evaluation of the continued use of the
source for the Aberdeen Proving
Ground—Aberdeen Area.
Commission-Initiated Project Approval
Modification
1. Project Sponsor and Facility:
Municipal Authority of the Borough of
Mansfield, Richmond Township, Tioga
County, Pa. Conforming the
grandfathered amount with the
forthcoming determination for a
withdrawal from Webster Reservoir up
to 0.311 mgd (30-day average) (Docket
No. 20130609).
2. Project Sponsor and Facility:
Williamsport Municipal Water
Authority, Williamsport City, Lycoming
County, Pa. Conforming the
grandfathered amounts with the
forthcoming determination for
withdrawals (30-day averages) from
Well 3 up to 0.940 mgd, from Well 4 up
to 0.940 mgd, from Well 5 up to 2.141
mgd, from Well 6 up to 0.687 mgd, from
Well 7 up to 2.254 mgd, from Well 8 up
to 0.987 mgd, from Well 9 up to 0.800
mgd, from Mosquito Creek up to 6.833
mgd, and from Hagermans Run up to
4.926 mgd (Docket No. 20110628).
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19319
Opportunity To Appear and Comment
Interested parties may call into the
hearing to offer comments to the
Commission on any business listed
above required to be the subject of a
public hearing. Given the telephonic
nature of the meeting, the Commission
strongly encourages those members of
the public wishing to provide oral
comments to pre-register with the
Commission by emailing Jason Oyler at
joyler@srbc.net prior to the hearing date.
The presiding officer reserves the right
to limit oral statements in the interest of
time and to otherwise control the course
of the hearing. Access to the hearing via
telephone will begin at 6:15 p.m.
Guidelines for the public hearing are
posted on the Commission’s website,
www.srbc.net, prior to the hearing for
review. The presiding officer reserves
the right to modify or supplement such
guidelines at the hearing. Written
comments on any business listed above
required to be the subject of a public
hearing may also be mailed to Mr. Jason
Oyler, Secretary to the Commission,
Susquehanna River Basin Commission,
4423 North Front Street, Harrisburg, Pa.
17110–1788, or submitted electronically
through https://www.srbc.net/
regulatory/public-comment/. Comments
mailed or electronically submitted must
be received by the Commission on or
before May 17, 2021, to be considered.
Authority: Pub. L. 91–575, 84 Stat. 1509
et seq., 18 CFR parts 806, 807, and 808.
Dated: April 7, 2021.
Jason E. Oyler,
General Counsel and Secretary to the
Commission.
[FR Doc. 2021–07476 Filed 4–12–21; 8:45 am]
BILLING CODE 7040–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2020–0090; Notice 1]
Nissan 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:
Nissan North America, Inc.
(Nissan) has determined that certain
replacement windshield glass panes
manufactured by Central Glass Co., Ltd.,
outsourced to Japan Tempered &
Laminated Glass Co., Ltd., and sold to
Nissan as replacement parts for use in
certain Nissan motor vehicles do not
SUMMARY:
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Notices
fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No.
205, Glazing Materials. Nissan filed a
noncompliance report dated June 29,
2020. Nissan subsequently petitioned
NHTSA on July 29, 2020, for a decision
that the subject noncompliance is
inconsequential as it relates to motor
vehicle safety. This notice announces
receipt of Nissan’s petition.
DATES: Send comments on or before
May 13, 2021.
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 the 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 the 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 for 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
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17:42 Apr 12, 2021
Jkt 253001
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
docket. 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
Nissan has determined that certain
replacement windshield glass panes
manufactured by Central Glass Co., Ltd.,
outsourced to Japan Tempered &
Laminated Glass Co., Ltd., and sold to
Nissan as replacement parts for use in
certain Nissan motor vehicles do not
fully comply with the requirements of
paragraph S6.2 of FMVSS No. 205,
Glazing Materials (49 CFR 571.205).
Nissan filed a noncompliance report
dated June 29, 2020, pursuant to 49 CFR
part 573, Defect and Noncompliance
Responsibility and Reports. Nissan
subsequently petitioned NHTSA on July
29, 2020, 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,
pursuant to 49 U.S.C. 30118(d) and
30120(h) and 49 CFR part 556,
Exemption for Inconsequential Defect or
Noncompliance.
This notice of receipt of Nissan’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. Windshields Involved
Approximately 1,934 replacement
windshield glass panes sold as
replacement service parts, manufactured
between April 1, 2000, and April 30,
2012, are potentially involved. These
replacement windshield glass panes
were manufactured by Central Glass Co.,
Ltd., who subsequently outsourced to a
subsidiary company, Japan Tempered &
Laminated Glass Co., Ltd., and sold to
Nissan as replacement parts for Nissan
motor vehicles.
III. Noncompliance
Nissan explains that the
noncompliance is that subject
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replacement windshield glass panes
manufactured by Central Glass Co., Ltd.,
who subsequently outsourced to a
subsidiary company, Japan Tempered &
Laminated Glass Co., Ltd., and sold to
Nissan as replacement parts for use in
certain Nissan motor vehicles contain
the incorrect manufacturer’s code mark
and therefore, do not meet the
requirements set forth in paragraph S6.2
of FMVSS No. 205. Specifically, the
subject replacement windshield glass
panes were marked with manufacturer
code DOT44, which applies to Central
Glass Co., Ltd., when they should have
been marked, DOT166, which applies to
Japan Tempered & Laminated Glass Co.,
Ltd. (JTLG).
IV. Rule Requirements
Paragraph S6.2 of FMVSS No. 205
includes the requirements relevant to
this petition. 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, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590. 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 S4.
V. Summary of Nissan’s Petition
The following views and arguments
presented in this section, ‘‘V. Summary
of Nissan’s Petition,’’ are the views and
arguments provided by Nissan. They
have not been evaluated by the Agency
and do not reflect the views of the
Agency. Nissan describes the subject
noncompliance and contends that the
noncompliance is inconsequential as it
relates to motor vehicle safety.
In support of its petition, Nissan
offers the following reasoning:
1. Nissan states that although the
manufacturer code is incorrect, the
certification mark affixed to the subject
parts features the correct AS Item
number and model number (i.e., M
number). In addition, the windshield
glass panes were fabricated in full
compliance with the technical
requirements of 49 CFR 571.205
applicable to laminated glass for use in
motor vehicles.
2. Nissan says that many of the 1,934
windshield glass components that may
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Notices
contain an incorrect manufacturer’s
code are located in non-U.S. markets.
For this reason, Nissan believes the
actual number of subject parts is
substantially lower than the 1,934
possible windshield glass panes because
only a small number of potentially
affected windshield glass panes were
shipped to the U.S. market for use as
service parts between April 1, 2000, and
April 30, 2012.
3. Nissan also states that the part
number remains accurate, despite the
manufacturer’s code discrepancy. The
subject noncompliance, accordingly, is
unlikely to result in the use of an
incorrect replacement part in an OEM
application because the part would be
ordered using Nissan’s unique part
number and not the ‘‘DOT’’ number. In
Nissan’s ordering system, parts with the
incorrect manufacturing code are
indistinguishable from parts with the
correct code. In fact, the parts are
traceable to Central Glass Co., Ltd.,
since the incorrect code used by their
subsidiary, JLTG is the code for the
parent company, Central Glass Co., Ltd.
4. Nissan believes that there is a low
likelihood of a vehicle requiring this
replacement part because the average
age of potentially affected vehicles (MY
1991–1999) is 25+ years old. Currently,
only one replacement windshield glass
service part (727120M010) is in stock
and available. However, Nissan
instructed the Sagamihara Part Center in
Japan to suspend shipment for this part.
Even so, if a vehicle previously received
or were to receive a subject replacement
part, the part fully complies with the
technical requirements of 49 CFR
571.205. In no way is the actual safety
aspect of the windshield glass
compromised by the misprinted
manufacturer’s code.
5. Nissan contends that in similar
situations, NHTSA has granted the
applications of other petitioners. For
example, 80 FR 3737 (January 23, 2015)
Petition by Custom Glass Solutions
Upper Sandusky Corporation.
• ‘‘Custom Glass explains that the
noncompliance is that the labeling on
the subject laminated glass panes does
not fully meet the requirements of
paragraph S6 of FMVSS No. 205. The
panes were labeled with the incorrect
manufacturer’s code mark, incorrect
manufacturer’s trademark, and incorrect
manufacturer’s model number, and were
incorrectly marked as Tempered.’’
• Nissan cited NHTSA, saying
‘‘NHTSA believes that the subject
labeling errors are inconsequential to
motor vehicle safety because the
marking of glazing as ‘Tempered’ or
‘Laminated’ is not required by FMVSS
No. 205, the probability of anyone in the
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United States obtaining the subject
incorrectly marked glazing as
replacement glazing is very unlikely
since the affected glazing is specifically
designed for use in mining vehicles
manufactured by Atlas Copco in
Australia. In addition, there is no
concern that the wrong model number
on the subject glazing would result in an
incorrect replacement part being used
because replacement parts are ordered
by referring to the glazing part number
or by identifying the vehicle for which
the replacement glazing is intended.’’
Nissan concludes by again contending
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.
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 and equipment that
Nissan no longer controlled at the time
it determined that the noncompliance
existed. However, any decision on this
petition does not relieve vehicle and
equipment 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 and
replacement windshield glass panes
under their control after Nissan 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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021–07507 Filed 4–12–21; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Notice of OFAC Sanctions Actions
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
19321
The U.S. Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names
of persons whose property and interests
in property have been unblocked
pursuant to Executive Order 13850 of
November 1, 2018, ‘‘Blocking Property
of Additional Persons Contributing to
the Situation in Venezuela’’ (‘‘E.O.
13850’’), as amended by Executive
Order 13857 of January 25, 2019,
‘‘Taking Additional Steps To Address
the National Emergency With Respect to
Venezuela’’ (‘‘E.O. 13857’’).
Additionally, OFAC is publishing an
update to the identifying information of
persons currently included in the
Specially Designated Nationals and
Blocked Persons List (SDN List).
SUMMARY:
See SUPPLEMENTARY INFORMATION
section for applicable date(s).
DATES:
FOR FURTHER INFORMATION CONTACT:
OFAC: Andrea Gacki, Director, tel.:
202–622–2480; Associate Director for
Global Targeting, tel: 202–622–2420;
Assistant Director for Licensing, tel.:
202–622–2480; Assistant Director for
Regulatory Affairs, tel.: 202–622–4855;
or the Assistant Director for Sanctions
Compliance & Evaluation, tel.: 202–622–
2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
The Specially Designated Nationals
and Blocked Persons List and additional
information concerning OFAC sanctions
programs are available on OFAC’s
website (www.treasury.gov/ofac).
Notice of OFAC Actions
On March 31, 2021, OFAC removed
from the SDN List the persons listed
below, whose property and interests in
property were blocked pursuant to E.O.
13850, as amended by E.O. 13857. On
March 31, 2021, OFAC determined that
circumstances no longer warrant the
inclusion of the following persons on
the SDN List under this authority. These
persons are no longer subject to the
blocking provisions of Section 1(a) of
E.O. 13850, as amended by E.O. 13857.
Entities:
1. AMG S.A.S. DI ALESSANDRO
BAZZONI & C. (a.k.a. AMG S.A.S. DI
ALESSANDRO BAZZONI AND C.; a.k.a.
AMG S.A.S. DI ALESSANDRO BAZZONI E
C.), Via Sottomonte 5, Verona 37124, Italy;
V.A.T. Number IT02483560237 (Italy)
[VENEZUELA–EO13850].
2. SERIGRAPHICLAB DI BAZZONI
ALESSANDRO, Via Amsicora 46, Porto
Torres 07046, Italy; V.A.T. Number
02732450909 (Italy) [VENEZUELA–
EO13850].
E:\FR\FM\13APN1.SGM
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Agencies
[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Notices]
[Pages 19319-19321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07507]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0090; Notice 1]
Nissan North America, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
-----------------------------------------------------------------------
SUMMARY: Nissan North America, Inc. (Nissan) has determined that
certain replacement windshield glass panes manufactured by Central
Glass Co., Ltd., outsourced to Japan Tempered & Laminated Glass Co.,
Ltd., and sold to Nissan as replacement parts for use in certain Nissan
motor vehicles do not
[[Page 19320]]
fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No.
205, Glazing Materials. Nissan filed a noncompliance report dated June
29, 2020. Nissan subsequently petitioned NHTSA on July 29, 2020, for a
decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This notice announces receipt of
Nissan's petition.
DATES: Send comments on or before May 13, 2021.
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 the 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 the 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 for 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 docket. 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
Nissan has determined that certain replacement windshield glass
panes manufactured by Central Glass Co., Ltd., outsourced to Japan
Tempered & Laminated Glass Co., Ltd., and sold to Nissan as replacement
parts for use in certain Nissan motor vehicles do not fully comply with
the requirements of paragraph S6.2 of FMVSS No. 205, Glazing Materials
(49 CFR 571.205). Nissan filed a noncompliance report dated June 29,
2020, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Nissan subsequently petitioned NHTSA on
July 29, 2020, 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,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
Exemption for Inconsequential Defect or Noncompliance.
This notice of receipt of Nissan'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. Windshields Involved
Approximately 1,934 replacement windshield glass panes sold as
replacement service parts, manufactured between April 1, 2000, and
April 30, 2012, are potentially involved. These replacement windshield
glass panes were manufactured by Central Glass Co., Ltd., who
subsequently outsourced to a subsidiary company, Japan Tempered &
Laminated Glass Co., Ltd., and sold to Nissan as replacement parts for
Nissan motor vehicles.
III. Noncompliance
Nissan explains that the noncompliance is that subject replacement
windshield glass panes manufactured by Central Glass Co., Ltd., who
subsequently outsourced to a subsidiary company, Japan Tempered &
Laminated Glass Co., Ltd., and sold to Nissan as replacement parts for
use in certain Nissan motor vehicles contain the incorrect
manufacturer's code mark and therefore, do not meet the requirements
set forth in paragraph S6.2 of FMVSS No. 205. Specifically, the subject
replacement windshield glass panes were marked with manufacturer code
DOT44, which applies to Central Glass Co., Ltd., when they should have
been marked, DOT166, which applies to Japan Tempered & Laminated Glass
Co., Ltd. (JTLG).
IV. Rule Requirements
Paragraph S6.2 of FMVSS No. 205 includes the requirements relevant
to this petition. 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, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. 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 S4.
V. Summary of Nissan's Petition
The following views and arguments presented in this section, ``V.
Summary of Nissan's Petition,'' are the views and arguments provided by
Nissan. They have not been evaluated by the Agency and do not reflect
the views of the Agency. Nissan describes the subject noncompliance and
contends that the noncompliance is inconsequential as it relates to
motor vehicle safety.
In support of its petition, Nissan offers the following reasoning:
1. Nissan states that although the manufacturer code is incorrect,
the certification mark affixed to the subject parts features the
correct AS Item number and model number (i.e., M number). In addition,
the windshield glass panes were fabricated in full compliance with the
technical requirements of 49 CFR 571.205 applicable to laminated glass
for use in motor vehicles.
2. Nissan says that many of the 1,934 windshield glass components
that may
[[Page 19321]]
contain an incorrect manufacturer's code are located in non-U.S.
markets. For this reason, Nissan believes the actual number of subject
parts is substantially lower than the 1,934 possible windshield glass
panes because only a small number of potentially affected windshield
glass panes were shipped to the U.S. market for use as service parts
between April 1, 2000, and April 30, 2012.
3. Nissan also states that the part number remains accurate,
despite the manufacturer's code discrepancy. The subject noncompliance,
accordingly, is unlikely to result in the use of an incorrect
replacement part in an OEM application because the part would be
ordered using Nissan's unique part number and not the ``DOT'' number.
In Nissan's ordering system, parts with the incorrect manufacturing
code are indistinguishable from parts with the correct code. In fact,
the parts are traceable to Central Glass Co., Ltd., since the incorrect
code used by their subsidiary, JLTG is the code for the parent company,
Central Glass Co., Ltd.
4. Nissan believes that there is a low likelihood of a vehicle
requiring this replacement part because the average age of potentially
affected vehicles (MY 1991-1999) is 25+ years old. Currently, only one
replacement windshield glass service part (727120M010) is in stock and
available. However, Nissan instructed the Sagamihara Part Center in
Japan to suspend shipment for this part. Even so, if a vehicle
previously received or were to receive a subject replacement part, the
part fully complies with the technical requirements of 49 CFR 571.205.
In no way is the actual safety aspect of the windshield glass
compromised by the misprinted manufacturer's code.
5. Nissan contends that in similar situations, NHTSA has granted
the applications of other petitioners. For example, 80 FR 3737 (January
23, 2015) Petition by Custom Glass Solutions Upper Sandusky
Corporation.
``Custom Glass explains that the noncompliance is that the
labeling on the subject laminated glass panes does not fully meet the
requirements of paragraph S6 of FMVSS No. 205. The panes were labeled
with the incorrect manufacturer's code mark, incorrect manufacturer's
trademark, and incorrect manufacturer's model number, and were
incorrectly marked as Tempered.''
Nissan cited NHTSA, saying ``NHTSA believes that the
subject labeling errors are inconsequential to motor vehicle safety
because the marking of glazing as `Tempered' or `Laminated' is not
required by FMVSS No. 205, the probability of anyone in the United
States obtaining the subject incorrectly marked glazing as replacement
glazing is very unlikely since the affected glazing is specifically
designed for use in mining vehicles manufactured by Atlas Copco in
Australia. In addition, there is no concern that the wrong model number
on the subject glazing would result in an incorrect replacement part
being used because replacement parts are ordered by referring to the
glazing part number or by identifying the vehicle for which the
replacement glazing is intended.''
Nissan concludes by again contending 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.
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 and equipment that
Nissan no longer controlled at the time it determined that the
noncompliance existed. However, any decision on this petition does not
relieve vehicle and equipment 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
and replacement windshield glass panes under their control after Nissan
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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-07507 Filed 4-12-21; 8:45 am]
BILLING CODE 4910-59-P