FCA US, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Jeep Compass
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Claudia W. Covell
National Highway Traffic Safety Administration
16 April 2018
[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16430-16431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07829]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0098; Notice 1]
FCA US, LLC, Receipt of Petition for Decision of Inconsequential
Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: FCA US, LLC (f/k/a Chrysler Group, LLC ``FCA US''), has
determined that certain model year (MY) 2013-2017 Jeep Compass motor
vehicles do not fully comply with Federal Motor Vehicle Safety Standard
(FMVSS) No. 205, Glazing Materials. FCA US filed a noncompliance report
dated October 10, 2017. FCA US also petitioned NHTSA on November 2,
2017, for a decision that the subject noncompliance is inconsequential
as it relates to motor vehicle safety.
DATES: The closing date for comments on the petition is May 16, 2018.
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 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 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) 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 dockets. 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: FCA US, has determined that certain MY 2013-2017 Jeep
Compass motor vehicles do not fully comply with FMVSS No. 205, Glazing
Materials (49 CFR 571.205). FCA US filed a noncompliance report dated
October 10, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. FCA US also petitioned NHTSA on November 2,
2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
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.
This notice of receipt of FCA US'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: Approximately 287,064 MY 2013-2017 Jeep
Compass motor vehicles, manufactured between January 18, 2013, and
December 23, 2016, are potentially involved.
III. Noncompliance: FCA US explains that the noncompliance is that
the subject vehicles were equipped with liftgate privacy glass that
does not fully comply with paragraph S6 of FMVSS No. 205. Specifically,
the liftgate glass has the AS2 solar glazing marking when it should
have been marked with the AS3 privacy glazing marking.
IV. Rule Requirements: Paragraphs S6, S6.1(a)(b), S6.2, and
S6.3(a)(b) of FMVSS No. 205 include the requirements relevant to this
petition:
A Prime glazing material manufacturer must certify, in
accordance with 49 U.S.C. 30115, each piece of glazing material to
which this standard applies is designed as:
A. A component of any specific motor vehicle or camper; or
B. to be cut into components for use in motor vehicles or items
of motor vehicle equipment.
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.
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 paragraph S4.
A manufacturer or distributor who cuts a section of
glazing material to which this standard applies, for use in a motor
vehicle or camper, must:
A. Mark that material in accordance with section 7 of ANSI/SAE
Z26.1-1996; and
B. certify that its product complies with this standard in
accordance with 49 U.S.C. 30115.
V. Summary of FCA US's Petition: FCA US described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential as it relates to motor vehicle safety.
In support of its petition, FCA US submitted the following
reasoning:
1. The liftgate glass glazing of the affected vehicles otherwise
meets all marking and performance requirements of FMVSS No. 205 and
ANSI Z26.1, and as NHTSA has previously noted, ``The purpose of this
standard [FMVSS No. 205] is to ensure a necessary degree of
transparency in motor vehicle windows
[[Page 16431]]
for driver visibility, and to minimize the possibility of occupants
being thrown through the vehicle windows in collisions.'' Because all
transparent sections of the affected glazing fully meet all the
applicable performance requirements, FCA US does not believe the
incorrect AS2 marking impacts the applicable performance requirements.
FCA US also does not believe that the incorrect AS2 marking impacts the
ability of the glazing to satisfy the stated purpose or affects the
performance of the glazing as required by FMVSS No. 205.
2. The subject glazing meets all applicable performance
requirements of FMVSS No. 205 and FCA US believes there is no safety
performance implication associated with this technical noncompliance.
3. In addition to meeting component-level performance requirements
of FMVSS No. 205, the subject glazing also fully meets the vehicle-
level installation requirements specified by FMVSS No. 205. The subject
glazing at 22% light transmissibility is permitted in the liftgate
glass location on the affected Jeep Compass vehicles.
4. The actual transmissibility of the subject liftgate glass
glazing (approximately 22%) is consistent with all the other glazing
rearward of the driver (i.e. left and right side windows, and the left
and right rear-quarter window glazing) on the affected Jeep Compass
vehicles. Accordingly, there is no reason for the customer, state
inspection authorities, service personnel or anyone else to focus on or
detect any distinction involving the subject liftgate glass.
5. Even in the extremely unlikely event that a glazing
corresponding to the incorrect markings (i.e. solar glazing with 70%
transmittance) was installed on an affected vehicle, this would also be
fully compliant to all requirements of FMVSS No. 205.
6. FCA US is not aware of any crashes, injuries, or customer
complaints associated with this condition.
7. NHTSA has previously granted similar inconsequential treatment
for FMVSS No. 205 marking noncompliance. Examples of similar granted
inconsequentiality petitions for incorrect markings related to glazing
include:
a. Supreme Corporation, NHTSA-2015-0126 N2 October 21, 2016.
b. Mitsubishi Motors North America, Inc., NHTSA-2015-0066 N2,
August 22, 2015.
c. Ford Motor Company, NHTSA-2014-0054 N2, March 2, 2015.
d. Custom Glass Solutions Upper Sandusky Corp., NHTSA-2013-0124 N2,
January 23, 2015.
e. General Motors, LLC, NHTSA-2013-0039 N2, April 28, 2015.
f. Fuji Heavy Industries U.S.A., Inc., NHTSA-2013-0017 N2,
September 25, 2013.
g. Please see FCA US's petition for their complete list of
petitions that were previously granted by NHTSA for glazing markings.
FCA US concluded by expressing the belief 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.
FCA US' complete petition and all supporting documents are
available by logging onto the Federal Docket Management System (FDMS)
website at: https://www.regulations.gov and following the online search
instructions to locate the docket number listed in the title of this
notice.
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 FCA US 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 FCA US
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)
Claudia W. Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-07829 Filed 4-13-18; 8:45 am]
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