[Federal Register Volume 75, Number 74 (Monday, April 19, 2010)]
[Notices]
[Pages 20423-20425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8981]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0041; Notice 1]


Fuji Heavy Industries USA, Inc., Receipt of Petition for Decision 
of Inconsequential Noncompliance

    Fuji Heavy Industries USA, Inc. (Fuji), on behalf of Subaru of 
America, Inc.,

[[Page 20424]]

and Fuji Heavy Industries, Ltd., has determined that the front 
passenger airbag suppression status telltale in some 2010 Subaru Legacy 
passenger car and Outback multipurpose vehicle models, manufactured 
from the start of their 2010 model year production \1\ through June 30, 
2009, did not comply with paragraph S19.2.2 of 49 CFR 571.208, Federal 
Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash 
Protection. Fuji estimates that less than 1 percent (0.8%) or about 27 
out of a total of 3,405 vehicles potentially involved have the 
noncompliance.\2\ Fuji has filed an appropriate report pursuant to 49 
CFR Part 573, Defect and Noncompliance Responsibility and Reports.
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    \1\ On April 8, 2010, Fuji provided the actual start of 
production dates. The start of production for the subject Subaru 
Legacy passenger cars was June 1, 2009, and the start of production 
date for the subject Outback multipurpose passenger vehicles was 
June 15, 2009.
    \2\ The estimate of a less than one percent frequency rate for 
the noncompliance was based on Fuji's inspection of approximately 
5,400 vehicles on July 2-10, 2009, at their Subaru Automotive 
Indiana plant after the noncompliance was discovered. Of this total, 
the Company found 45 models with the noncompliance, or about 0.8% of 
the inspected vehicles.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Fuji has petitioned 
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.
    Fuji estimated that 3,405 \3\ 2010 Legacy passenger cars and 
Outback multipurpose passenger vehicles, produced at the Company's 
Subaru Automotive Indiana plant between the start of model year 2010 
production through June 30, 2009, are involved. Fuji also estimated 
that 0.8% of those 3,405 have the subject noncompliance.
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    \3\ Fuji's petition, which was filed under 49 CFR Part 556, 
requests an agency decision to exempt Fuji as importer from the 
notification and recall responsibilities of 49 CFR Part 573 for 
3,405 vehicles manufactured prior to July 1, 2009. However, the 
agency cannot relieve Fuji distributors of the prohibitions on the 
sale, offer for sale, or introduction or delivery for introduction 
into interstate commerce of any of the subject vehicles under their 
control after Fuji recognized that the subject noncompliance 
existed. Those vehicles must be brought into conformance, exported, 
or destroyed.
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    Paragraph S19.2.2 of FMVSS No. 208 requires:

    S19.2.2 The vehicle shall be equipped with at least one telltale 
which emits light whenever the passenger air bag system is 
deactivated and does not emit light whenever the passenger air bag 
system is activated, except that the telltale(s) need not illuminate 
when the passenger seat is unoccupied. Each telltale:
    (a) Shall emit yellow light;
    (b) Shall have the identifying words ``PASSENGER AIR BAG OFF'' 
or ``PASS AIR BAG OFF'' on the telltale or within 25 mm (1.0 in) of 
the telltale; and
    (c) Shall not be combined with the readiness indicator required 
by S4.5.2 of this standard.
    (d) Shall be located within the interior of the vehicle and 
forward of and above the design H-point of both the driver's and the 
right front passenger's seat in their forwardmost seating positions 
and shall not be located on or adjacent to a surface that can be 
used for temporary or permanent storage of objects that could 
obscure the telltale from either the driver's or right front 
passenger's view, or located where the telltale would be obscured 
from the driver's view if a rear-facing child restraint listed in 
appendix A or A-1, as appropriate, is installed in the right front 
passenger's seat.
    (e) Shall be visible and recognizable to a driver and right 
front passenger during night and day when the occupants have adapted 
to the ambient light roadway conditions.
    (f) Telltales need not be visible or recognizable when not 
activated.
    (g) Means shall be provided for making telltales visible and 
recognizable to the driver and right front passenger under all 
driving conditions. The means for providing the required visibility 
may be adjustable manually or automatically, except that the 
telltales may not be adjustable under any driving conditions to a 
level that they become invisible or not recognizable to the driver 
and right front passenger.
    (h) The telltale must not emit light except when the passenger 
air bag is turned off or during a bulb check upon vehicle starting.

    Fuji explained that the noncompliance is that front passenger 
airbag suppression status telltale lamp did not illuminate as required 
by paragraph S19.2.2 of FMVSS No. 208. Fuji expressed the belief that 
the cause of the noncompliance is an open circuit in the power supply 
to the lamp. The Company said that ``installation of the wiring harness 
to the multifunction display and passenger airbag suppression status 
telltale was routed at the instrument panel subsupplier such that 
tension was put on the wiring harness connector'' which can cause it to 
come loose. To correct this problem, the Company has re-routed the 
wiring harness to ``push'' rather than ``pull'' on the wiring harness 
connector in vehicles manufactured after July 10, 2009.
    The noncompliance was discovered on July 1, 2009, at the Company's 
Subaru Indiana plant during a quality inspection process that revealed 
a number of multi-function displays that did not illuminate and further 
inspection revealed that this also affected the front passenger airbag 
suppression status telltale.\4\
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    \4\ The 2010 Subaru Legacy and Outback models' telltale has both 
an air bag suppression status indicator for ON and OFF. Thus, either 
ON or OFF on the telltale should be illuminated whenever the 
ignition is on.
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    On July 10, 2009, Fuji completed the inspection of 5,400 of its 
vehicles awaiting shipment and corrected the noncompliance of 45 
vehicles by ``pushing tight'' the harness connector. In addition, 
Subaru of America, Inc. notified its U.S. dealers and distributors on 
July 16, 2009, and included complete repair instructions for vehicles 
in their inventory which had not been inspected or repaired prior to 
shipment from the Company.
    Fuji believes that the noncompliance is inconsequential to motor 
vehicle safety. Fuji argues that:

    Based on the inspection of approximately 5,400 vehicles still at 
Subaru Automotive Indiana and a finding that the wiring harness 
connector to the front passenger airbag suppression status telltale 
or other multi-function display had been loose on 45 vehicles, 
Subaru has determined that the expected occurrence rate is about 
0.8% [less than one percent].
    [Subaru] * * * has determined that 3,405 vehicles were shipped 
to dealers prior to the discovery of this problem. Using the above 
frequency rate,
    * * * [the Company] expect that only about 27 vehicles will have 
a noncompliance with FMVSS 208.
    All other aspects of the front passenger advanced airbag 
suppression system will continue to function properly.
    Since Subaru has both an OFF and ON indication in the 
suppression telltale, a complete absence of illumination is a 
warning that the lamp is not functioning. Since power to the 
telltale is also power to the multi-function display, the owner will 
have a clear indication to quickly report a problem to a Subaru 
dealer.
    Vibration bench testing in Japan by the [Company's] supplier 
revealed that no disengagement of a wiring harness connector that 
originally worked properly will occur during the use of vehicle.
    Dealers will receive a TSB with repair instructions on July 16, 
2009 for any vehicles in their inventory, which had not been 
inspected or repaired prior to shipment to dealers or for vehicles 
where the owner reports a telltale/multi-function display problem. 
Dealers will also be instructed to check both the telltale and 
display at the first scheduled service (at 3,750 or 7,000 miles 
depending on variant).

    In summary, Fuji/Subaru states that it believes the noncompliance 
is inconsequential to motor vehicle safety because the expected 
occurrence rate for the noncompliance is less than one percent (about 
0.8%); a complete absence of illumination on the telltale gives a clear 
indication to the vehicle

[[Page 20425]]

owner to quickly report a problem to the Subaru dealer; the Company's 
vibration testing supports the conclusion that this noncompliance is 
not likely to later occur in vehicles that were produced without the 
noncompliance; and Dealers will also be instructed to check both the 
telltale and display at the first scheduled service (at 3,750 or 7,000 
miles depending on variant) and will receive a technical service 
bulletin (TSB) with repair instructions for any vehicles in their 
inventory, which had not been inspected or repaired prior to shipment 
to dealers or for vehicles where the owner reports a telltale/multi-
function display problem.
    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.
    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: May 19, 2010.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8)

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-8981 Filed 4-16-10; 8:45 am]
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