Mitsubishi Motors North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Mitsubishi Outlander Sport
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
June 6, 2014
[Federal Register Volume 79, Number 109 (Friday, June 6, 2014)]
[Notices]
[Pages 32814-32815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13183]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0047; Notice 1]
Mitsubishi Motors 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.
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SUMMARY: Mitsubishi Motors North America, Inc. (MMNA) has determined
that certain model year (MY) 2014 Mitsubishi Outlander Sport
multipurpose passenger vehicles (MPV) do not fully comply with
paragraph S6 of Federal Motor Vehicle Safety Standard (FMVSS) No. FMVSS
205, Glazing Materials. MMNA has filed an appropriate report dated
April 3, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports.
DATES: The closing date for comments on the petition is July 7, 2014.
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 be
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-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, 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
[[Page 32815]]
in the Federal Register pursuant to the authority indicated below.
SUPPLEMENTARY INFORMATION:
I. MMNA's Petition
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.
This notice of receipt of MMNA's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
II. Vehicles Involved
Affected are approximately 311 MY 2014 Mitsubishi Outlander Sport
MPVs manufactured from February 12, 2014 through February 21, 2014 that
contained mislabeled laminated rear door glazing manufactured by
Pilkington North America, Inc. (PNA).
III. Noncompliance
MMNA explains that the noncompliance is that the laminated rear
door glazing in the subject vehicles was labeled with the incorrect
manufacturer's model number. Specifically, the glazing was labeled with
PNA model number ``M131'' instead of the correct model number ``M129.''
IV. Rule Text
FMVSS No. 205 incorporates ANSI Z26.1-1996 and other industry
standards in paragraph S.5.1 by reference. Paragraph S6 of FMVSS No.
205 specifically requires manufacturers to mark the glazing material in
accordance with Section 7 of ANSI Z26.1 and to add other markings
required by NHTSA. With respect to the subject noncompliance, Section 7
of ANSI Z26.1-1996 specifies that in addition to the item of glazing
number and other required markings, the manufacturer shall include a
model number which will identify the type of construction of the
glazing material.
V. Summary of MMNA's Analyses
MMNA stated its belief that the subject noncompliance relates
solely to the product monograms or markings, specifically the use of
model number ``M 131'' instead of ``M 129''. These rear door windows
otherwise meet all other marking and performance requirements of FMVSS
No. 205 and ANSI Z26.1. MMNA also stated its belief that NHTSA
previously noted that ``The stated purposes of FMVSS No. 205 are to
reduce injuries resulting from impact to glazing surfaces, to ensure a
necessary degree of transparency in motor vehicle windows for driver
visibility, and to minimize the possibility of occupants being thrown
through the vehicle windows in collisions'' (64 FR 70116, December 15,
1999). MMNA believes that because the affected glazing fully meets all
of the applicable performance requirements of FMVSS No. 205 that the
absence of the correct model number on the glazing has no effect upon
the ability of the glazing to satisfy those purposes and thus perform
in the manner intended by FMVSS No. 205.
MMNA also stated its belief that NHTSA has previously granted other
petitions that MMNA believes were similar to the subject petition.
MMNA is not aware of any crashes, injuries, customer complaints, or
field reports associated with this condition.
MMNA has additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles delivered with
laminated glass will comply with FMVSS No. 205.
In summation, MMNA believes that the described noncompliance of the
subject vehicles is inconsequential to motor vehicle safety, and that
its petition, to exempt 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 notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that MMNA no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve vehicle
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after 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,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-13183 Filed 6-5-14; 8:45 am]
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