[Federal Register Volume 62, Number 184 (Tuesday, September 23, 1997)]
[Proposed Rules]
[Pages 49663-49664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25209]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571


Denial of Petition for Rulemaking; Federal Motor Vehicle Safety 
Standards

AGENCY: National Highway Traffic Safety Administration (NHTSA); 
Department of Transportation.

ACTION: Denial of petition for rulemaking.

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SUMMARY: This notice denies the petition by John Chevedden for the 
issuance of a mandatory Federal regulation that would require all new 
cars to be manufactured with windshield edge coating in the space 
between the center rear view mirror and the lowered sun visors. The 
petitioner stated that this will prevent blinding glare from the sun in 
the early morning and late afternoon. According to the petitioner the 
targeted windshield coating is currently standard on the Hyundai 
Accent. Based upon the information provided by the petitioner and other 
information available to NHTSA, the agency has concluded that there is 
insufficient evidence to support a mandatory Federal requirement that 
all new cars be manufactured with a windshield shade band that is 
identical to the shade band currently installed on the Hyundai Accent.

FOR FURTHER INFORMATION CONTACT: Kenneth O. Hardie, Safety Performance 
Standards, NHTSA, 400 Seventh Street, SW, Washington, DC 20590. Mr. 
Hardie's telephone number is (202) 366-6987.

SUPPLEMENTARY INFORMATION: By letter dated May 21, 1997, John Chevedden 
of Redondo Beach, California, petitioned NHTSA to issue a new rule that 
would require that all new cars be manufactured with windshield edge 
coating in the space between the center rear view mirror and the 
lowered sun visors. Mr. Chevedden's petition stated that the targeted 
windshield coating is currently standard on the Hyundai Accent. Mr 
Chevedden stated that this will prevent blinding sun glare and enhance 
safety by reducing collisions in the early morning and late afternoon 
sun.
    The specific area of the windshield that Mr. Chevedden's petition 
addresses is called the ``glazing shade band,'' i.e., the area 
immediately adjacent to and below the top edge of the vehicle glazing, 
through which light transmission is less than that required for glazing 
that are requisite for driving visibility, as defined in ANSI Z26.1. 
ANSI Z26.1 is the American National Standard for Safety Glazing 
Materials for Glazing Motor Vehicles Operating on Land Highways; Safety 
Code. Examples of shade bands are:
    a. Laminated Safety Glass--A color band in the laminated product 
formed by the application of a dye or pigment to the interlayer 
material prior to lamination.
    b. Tempered Safety Glass--A pattern comprised of lines and spaces, 
or dots and voids, printed into the glass surface from a durable opaque 
or translucent material.
    Mr. Chevedden asked that all new cars be required to be 
manufactured with a windshield edge coating (windshield shade band) 
identical to that which is installed on the Hyundai Accent. Federal law 
requires that the area of window requisite for driving visibility have 
light transmittance of not less than 70%. Motor vehicle manufacturers 
place a mark on the windshield designating the AS1 line. The windshield 
below that line is ``requisite for driving visibility'' and must comply 
with the 70% light transmittance requirement. Federal law does not 
specify any minimum light transmittance for the windshield above the 
AS1 line. Thus, manufacturers are free to install any shade band design 
they choose above that line.
    In addition to the Federal limit that windshield shade bands can 
only extend down to the AS1 mark, there are some States that have motor 
vehicle regulations that prohibit the windshield shade band from 
extending downward from the top edge of the vehicle by more than six 
inches. Further, there is a voluntary standard for windshield shade 
bands promulgated by the Society of Automotive Engineers (SAE). This 
SAE standard is SAE J100, Vehicle Glazing Shade Bands. Although the use 
of the SAE Standards by anyone in the automotive industry is entirely 
voluntary, SAE standards are widely used by the automotive industry. 
All SAE Standards are submitted to the American National Standards 
Institute for recognition as American National Standards.
    Mr. Chevedden petitioned to change the status quo and make the 
Hyundai Accent shade band design mandatory for all new cars, light 
trucks and sport utility vehicles. While NHTSA has carried out many 
suggestions from concerned citizens regarding motor vehicle safety, to 
change or impose a new Federal motor vehicle safety standard, NHTSA 
must present information to the public demonstrating that there is a 
safety problem with the current situation and that the proposed 
solution will address the problem and improve safety in a cost 
effective way. The petitioner provided no information to support his 
contention that there is a safety problem with the current situation or 
that his proposed solution will improve safety in a cost effective 
manner. NHTSA has no information indicating that the Hyundai Accent 
windshield shade band design is more effective than any other vehicle 
that is equipped with a windshield shade band, nor does the agency 
possess information regarding the efficacy of any shade band in 
reducing motor vehicle-related deaths and injuries. Absent such 
information, NHTSA has no basis for initiating a rulemaking proceeding.
    After carefully considering the petition, NHTSA concludes that 
there is not a reasonable possibility that the order requested by the 
petitioner would be issued at the conclusion of a rulemaking 
proceeding. Accordingly, the petition is denied.


[[Page 49664]]


    Authority: 49 U.S.C. 30103, 30111, 30162; delegations of 
authority at 49 CFR 1.50 and 501.8.

    Issued on: September 17, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-25209 Filed 9-22-97; 8:45 am]
BILLING CODE 4910-59-P