[Federal Register Volume 64, Number 128 (Tuesday, July 6, 1999)]
[Notices]
[Pages 36419-36420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16956]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA 99-5604 Notice 1]


Orion Bus Industries Inc.; Receipt of Application for 
Determination of Inconsequential Noncompliance

    Orion Bus Industries, Inc. (Orion) of Oriskany, New York, has 
applied to be exempted from the notification and remedy requirements of 
the 49 U.S.C. Chapter 301 ``Motor Vehicle Safety because of a 
noncompliance with Federal Motor Vehicle Safety Standard

[[Page 36420]]

(FMVSS) No. 205 Glazing Materials.'' The basis of the application is 
that the noncompliance is inconsequential to motor vehicle safety. 
Orion has filed an appropriate report pursuant to 49 CFR Part 573 
``Defect and Noncompliance Information Reports.''
    This notice of receipt of an application is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgement concerning the merits of the application.
    Orion submitted the following information in accordance with the 
requirements of 49 CFR Part 556, ``Exemption for Inconsequential Defect 
or Noncompliance.''

Vehicles Involved

    Orion II, Orion V and Orion VI transit buses manufactured between 
January 17, 1996, and November 30, 1998, equipped with non-opening 
fixed glass windows. The serial numbers of the affected vehicles fall 
within the range: Orion II--005917 through 6058, Orion V--32516 through 
34054 and Orion VI--40006 through 40315.

Description of the Noncompliance

    Certain Orion II, Orion V, and Orion VI transit buses were equipped 
with fixed glass non-sliding windows which were not marked as required 
by S6 of FMVSS No. 205, specifically Section 6 of ANSI Z26 as 
incorporated by reference. They also were not marked with the symbol 
``DOT'' or the manufacturer's code mark as required by S6.2 of FMVSS 
No. 205. The window glazing is marked with architectural code numbers 
by mistake. The windows meet the performance requirements of FMVSS No. 
205.

Number of Vehicles

    Five hundred and ten (510) vehicles as of November 30, 1998 
potentially contain the noncompliance.

Supporting Information

    Although the glazing does not meet the requirements of Section S6, 
FMVSS No. 205, the glazing has been tested and complies to AS-3, AS-2 
and AS-1 of ANSI Z26.1 as required for the application. The window 
supplier has three different plant locations, two of which specialize 
in building-type windows and the third one in vehicle windows. Whenever 
the plant specializing in vehicle windows gets backed up with orders, 
the window supplier sends its excess orders, to one of the other plants 
for completion. The employee sandblasting the logos at one of the 
building glass plants did not realize this was motor vehicle glass and 
put architectural codes on all windows.
    There are a total of eighteen different parts numbers affected. The 
windows in question are used on both the curb side and road side of the 
bus as well as at the rear of the vehicle. On the curb side the windows 
are used in the front and rear doors as well as passenger windows. The 
door glass ranges in size from 6'' x 32'' to 18'' x 34'' and the side 
and rear passenger windows range from 18'' x 34'' to 34'' x 34''. The 
only front facing glass is used for destination signs and is a separate 
piece mounted above the front windshield. All windows in this 
application were purchased from Barber Glass Industries Inc., 485 
Southgate Drive, Guelph, Ontario, Canada N1G 3W6, Phone 519-824-2399 
and Fax 519-824-1493. (DOT 522 is its Manufacturer Identification 
Number).

    Orion argues that:

    Barber Glass has stated that if a person used the architectural 
codes sandblasted on the bus windows in error to go to a glass shop 
to replace a broken bus window the glass they would get would meet 
the required ANSI A26.1 safety glass requirements listed in FMVSS 
205. They would not however, be able to match the window tint as 
vehicle windows use different vinyls for their tinting purposes and 
would have to specify automotive glass to get the matching window 
tints.
    Orion Bus Industries, Inc. believes that, based upon the above 
information, the noncompliance described above is inconsequential as 
it relates to motor vehicle safety.

    Interested persons are invited to submit written data, views and 
arguments on the petition of Orion, described above. Comments should 
refer to the Docket Number and be submitted to: Docket Management, Room 
PL-401, 400 Seventh Street, SW., Washington, DC 20590. It is requested 
that two copies be submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date will also 
be filed and will be considered to the extent practicable. When the 
application is granted or denied, the Notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: August 5, 1999.

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

    Issued on: June 28, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-16956 Filed 7-2-99; 8:45 am]
BILLING CODE 4910-59-P