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Fuji Heavy Industries U.S.A., Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

American Government Topics:  Subaru XV Crosstrek

Fuji Heavy Industries U.S.A., Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

Claude H. Harris
National Highway Traffic Safety Administration
February 25, 2013


[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12827-12828]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04171]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0017; Notice 1]


Fuji Heavy Industries U.S.A., Inc., Receipt of Petition for 
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition.

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SUMMARY: Fuji Heavy Industries U.S.A., Inc., on behalf of Subaru of 
America (Fuji),\1\ has determined that certain 2013 Subaru XV Crosstrek 
Multipurpose Passenger Vehicles manufactured between May 17, 2012, and 
February 7, 2013, do not fully comply with paragraphs S6.1 and S6.2 of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing 
Materials. Fuji has filed an appropriate report dated January 29, 2013, 
pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility 
and Reports.
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    \1\ Fuji North America, Inc., is a manufacturer of motor 
vehicles and is registered under the laws of the state of New 
Jersey.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Fuji 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 Fuji'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.
    Vehicles Involved: Affected are approximately 23,600 model year 
2013 Subaru XV Crosstrek passenger vehicles

[[Page 12828]]

manufactured between May 17, 2012, and February 7, 2013.
    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, these provisions 
only apply to the subject 23,600 \2\ model year 2013 Subaru XV 
Crosstrek multipurpose passenger vehicles that Fuji no longer 
controlled at the time it determined that the noncompliance existed.
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    \2\ Fuji's petition, which was filed under 49 CFR Part 556, 
requests an agency decision to exempt Fuji as a motor vehicle 
manufacturer from the notification and recall responsibilities of 49 
CFR Part 573 for the 23,600 affected vehicles. However, a decision 
on this petition will not relieve vehicle distributors and dealers 
of the prohibitions on the sale, offer for sale, introduction or 
delivery for introduction into interstate commerce of the 
noncompliant vehicles under their control after Fuji notified them 
that the subject noncompliance existed.
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    Noncompliance: Fuji explains that the noncompliance is that, due to 
a labeling error, the glazing markings on the rear window of the 
subject vehicles lack the symbol ``DOT'', the manufacturer's code mark 
(i.e. 44), and the AS3 code mark and thus do not conform to the 
requirements of 49 CFR 571.205 paragraphs S6.1 and S6.2.
    Rule Text: Paragraphs S6.1 and S6.2 of FMVSS No. 205 requires in 
pertinent part:

    S6.1 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 that is designed--
    (a) As 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.
    S6.2 A prime glazing manufacturer certifies its glazing by 
adding to the marks required by section 7 of ANSI 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.

Summary of Fuji's Analysis and Arguments

    Fuji explains that while the noncompliant vehicle's rear window 
glazing lack the following markings: The symbol ``DOT'', the 
manufacturer's code mark (i.e. 44) and the AS3 code mark; on the 
glazing of the rear window as required by FMVSS No. 205, the rear 
glazing of the affected vehicles otherwise meet or exceed all other 
marking and performance requirements as required by FMVSS No. 205 and 
ANSI Z26.1-1996.
    Fuji has additionally informed NHTSA that it has corrected future 
production and that all other glazing labeling information is correct.
    Fuji also expressed its belief that NHTSA has previously granted 
similar petitions involving the omission of FMVSS No. 205 markings.
    In summation, Fuji believes that the described noncompliance of its 
vehicles is inconsequential to motor vehicle safety, and that its 
petition, to exempt it 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.
    Comments: 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:
    a. 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.
    b. By hand delivery 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.
    c. 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 1-202-493-2251.
    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 in the Federal 
Register pursuant to the authority indicated below.
    Comment Closing Date: March 27, 2013.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.95 and 501.8.

    Issued on: February 15, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-04171 Filed 2-22-13; 8:45 am]
BILLING CODE 4910-59-P



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