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

Topics:  Mitsubishi Outlander Sport

Jeffrey Giuseppe
National Highway Traffic Safety Administration
September 8, 2015

[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Notices]
[Pages 53911-53912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22572]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0066; 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) 2015 Mitsubishi Outlander Sport 
multipurpose passenger vehicles 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.

DATES: The closing date for comments on the petition is October 8, 
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-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 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. MMNA's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
(see

[[Page 53912]]

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 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 were labeled with the 
manufacturer's model number ``M-66'', indicating a tempered glass 
construction and ``AS2'', incorrectly indicating the glass is 
relatively transparent (light transmission 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%).
    IV. Rule Text: Paragraph S6 of FMVSS No. 205 requires in pertinent 
part:

    S6 Tire Markings. Except as specified in paragraphs, each tire 
shall be marked on each sidewall with the information specified in 
paragraphs (a) through (j) of this section. . .

    V. Summary of MMNA's Analyses: 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 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 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 Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-22572 Filed 9-4-15; 8:45 am]
 BILLING CODE 4910-59-P