Mitsubishi Motors North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

Topics:  Mitsubishi Outlander Sport

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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