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

Topics:  Subaru XV CrossTrek

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

[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Notices]
[Pages 59088-59089]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23361]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0017; Notice 2]


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

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Grant of petition.

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SUMMARY: Fuji Heavy Industries U.S.A., Inc., on behalf of Subaru of 
America (Fuji), has determined that certain 2013 Subaru XV Crosstrek 
passenger cars 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.

ADDRESSES: For further information on this decision contact Mr. Luis 
Figueroa, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5298, 
facsimile (202) 366-7002.

SUPPLEMENTARY INFORMATION:
    I. Fuji's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and 
the rule implementing those provisions at 49 CFR Part 556, Fuji has 
petitioned for an exemption from the notification and remedy 
requirements of 39 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential to motor vehicle safety. Notice of 
receipt of the petition was published, with a 30 day public comment 
period, on February 25, 2013 in the Federal Register (78 FR 12827). No 
comments were received. To view the petition, and all supporting 
documents log onto the Federal Docket Management System (FDMS) Web site 
at: http://www.regulations.gov/. The follow the online search 
instructions to locate docket number ``NHTSA-2013-0017.''
    II. Vehicles Involved: Affected are approximately 23,600 model year 
2013 Subaru XV Crosstrek passenger cars manufactured between May 17, 
2012, and February 7, 2013.
    III. Rule Text: Paragraphs S6.1 and S6.2 of FMVSS No. 205 
specifically states:

    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.

    IV. Summary of FUJI'S Analyses: 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.
    Fuji contends that the rear glazing of the affected vehicles 
otherwise meets all marking and performance requirements of FMVSS No. 
205 and ANSI Z26.1 and NHTSA has 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). Because the affected glazing fully meet all 
of the applicable performance requirements, Fuji believes the absence 
of the ``DOT'' symbol, the manufacturer's number (i.e. ``44''), and the 
AS3 code mark have no effect upon the ability of the glazing to satisfy 
these stated purposes and thus perform in the manner intended by FMVSS 
No. 205.
    Fuji stated that it is not aware of any crashes, injuries, customer 
complaints or field reports associated with this noncompliance.
    Fuji also expressed its belief that NHTSA has previously granted 
similar petitions involving the omission of FMVSS No. 205 markings.
    Fuji has additionally informed NHTSA that it has corrected the 
noncompliances so that all future

[[Page 59089]]

production of the vehicles will comply with FMVSS no 205.
    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.
    V. NHTSA'S Decision: FMVSS No. 205 specifies labeling and 
performance requirements for automotive glazing. Paragraph S6 of FMVSS 
No. 205 requires glazing material manufacturers to certify, in 
accordance with 49 U.S.C. 30115, each piece of glazing material to 
which the standard applies. A prime glazing material manufacturer is 
required to mark its glazing by adding the marks required in Section 7 
of ANSI Z26.1 (1996) including the FMVSS certification symbol ``DOT,'' 
the item of glazing code mark (in this case ``AS3'') and a 
manufacturer's code mark as assigned by the NHTSA's Office of Vehicle 
Safety Compliance (in this case ``44'').
    NHTSA has reviewed and accepts Fuji analyses that this 
noncompliance is inconsequential to motor vehicle safety. Fuji has 
provided documentation that the windows do comply with all safety 
performance requirements of the standard. This documentation is a 
surrogate for the FMVSS certification ``DOT'' labeling. NHTSA also 
believes that the lack of the manufacturer's code and the item of 
glazing code labeling would not result in inadvertent replacement of 
the windows with the wrong glazing. Broken tempered glass can readily 
be identified as tempered glass, rather than plastic or laminated 
glass. Anyone who intended to replace the window with an identical 
tempered glass window would have to obtain the glazing from Fuji or a 
major automotive parts manufacturer since tempered glass automotive 
windows cannot be easily manufactured by small field facilities. Fuji, 
or an automotive parts supplier would be able to identify the correct 
replacement window by use of their replacement parts identification 
systems.
    In consideration of the foregoing, NHTSA has decided that Fuji has 
met its burden of persuasion that the FMVSS No. 205 noncompliance in 
the glazing material identified in Fuji's Noncompliance Information 
Report is inconsequential to motor vehicle safety. Accordingly, Fuji's 
petition is granted and the petitioner is exempted from the obligation 
of providing notification of, and a remedy for, that noncompliance 
under 49 U.S.C. 30118 and 30120.
    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, this decision 
only applies to approximately 23,600 vehicles that Fuji no longer 
controlled at the time that it determined that a noncompliance existed 
in the subject vehicles. However, the granting of 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 Fuji notified them that the subject noncompliance existed.

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

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-23361 Filed 9-24-13; 8:45 am]
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