Notices. Receipt of petition
1,042 words·~5 min read·
/register/2015/09/08/2015-22572A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 8011-01-P 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. 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 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]
Connectionstraces to 2
Traces to 2 documents
3 references not yet in our index
- 49 CFR 573
- 49 CFR 556
- 49 CFR 1.95
Citation graph
cites case law
Cites 5Cited by 0 across 0 sources