[Federal Register Volume 64, Number 240 (Wednesday, December 15, 1999)]
[Notices]
[Pages 70115-70116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32464]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA 99-5210; Notice 2]
Ford Motor Co.; Grant of Application for Decision of
Inconsequential Noncompliance
This notice grants the application by Ford Motor Company (Ford) to
be exempted from the notification and remedy requirements of 49 U.S.C.
30118 and 30120 for a noncompliance with 49 CFR 571.205, Federal Motor
Vehicle Safety Standard (FMVSS) No. 205, ``Glazing Materials.'' Ford
has filed an appropriate report pursuant to 49 CFR Part 573 ``Defect
and Noncompliance Reports.'' The basis of the grant is that the
noncompliance is inconsequential to motor vehicle safety.
Notice of receipt of the application was published May 5, 1999, (64
FR 24215) affording an opportunity for comment. The comment closing
date was June 4, 1999. No comments were received.
Paragraph S6 of FMVSS No. 205, ``Certification and marking,''
requires that each piece of glazing material be marked as stated in
Section 6 of the American National Standard Safety Code for ``Safety
Glazing Materials for Glazing Motor Vehicles Operating on Land
Highways,'' Z26.1-1977, January 26, 1977, as supplemented by Z26.1 a-
1980, July 3, 1980 (ANSI Z26). This specifies `` . . . immediately
adjacent to the words ``American National Standard'' or the characters
AS, each piece of safety glazing material shall further be marked in
numerals at least 0.070 inch (1.78 mm) in height: if complying with the
requirements of Section 4, Application of Tests, Item 1, with the
numeral 1; . . .''. To satisfy this section of ANSI Z26.1, the
windshields would normally bear the AS1 mark on the windshield adjacent
to the Ford trademark; however, the mark was not applied to the
windshields used in the noncomplying vehicles.
This petition concerns approximately 382,900 potentially
noncomplying vehicles manufactured by Ford between June 11, 1997 and
September 25, 1999. These vehicles included certain 1998 and 1999
Contour/Mystique, Econoline, Ranger models and approximately 8,400
Mazda B Series vehicles.
Ford supported its application for inconsequential noncompliance
with the following:
Ford was not aware of any allegations of accidents or injuries
related to this condition. Ford Visteon was notified by the one
final stage manufacturer of the Econoline windshields with the
missing AS1 mark. In our judgment, the condition is highly unlikely
to present any risk of injury. Therefore, Ford intends to petition
to the Administrator for exemption from the notification and remedy
requirements of the Act on the basis that the condition is
inconsequential as it relates to motor vehicle safety.
To avert any potential customer difficulty during vehicle
inspections in states where glazing markings are checked during the
inspection process, two actions are being taken by Ford. First,
customers in those states will be mailed letters (to be presented to
inspection authorities, if necessary) identifying the condition, and
certifying that the windshields meet all other marking and
performance requirements of Standard 205. The letter will also offer
to apply the AS1 mark, of so requested by these customers. Second,
letters will be sent to the appropriate state authorities providing
an explanation of the condition, certification that the windshields
fully meet all other marking requirements and all performance
requirements of Standard 205, and a listing of vehicle VIN numbers
of all affected vehicles registered in that state.
NHTSA has reviewed Ford's application and, for the reasons
discussed below, concludes that the noncompliance of Ford's windshields
is inconsequential as to motor vehicle safety. The affected
windshields, while produced without the AS1 mark, contain all other
markings required by FMVSS No. 205 and ANSI Z26.1, including the
manufacturer's trademark, DOT number, and model number. The model
number identifies the glazing material as laminated safety glass, AS1.
In addition, the trademark includes the word ``Laminated'' and also
includes an aftermarket National Auto Glass Specifications number that
identifies the vehicles for which the windshields are designed. With
the windshield markings provided, NHTSA believes that a vehicle owner
is unlikely to encounter any problems obtaining the
[[Page 70116]]
appropriate replacement windshield should that need arise.
The affected windshields also meet all performance requirements of
FMVSS No. 205 and ANSI Z26.1. 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. Because the affected
windshields fully meet all of the applicable performance requirements,
the absence of the AS1 mark has no effect upon the ability of the
windshield glazing to satisfy these stated purposes and thus perform in
the manner intended by FMVSS No. 205.
On February 11, 1999, and July 8, 1999, Ford mailed letters to
appropriate state authorities identifying the missing marking and
certifying that the windshields fully meet the marking and performance
requirements of FMVSS No. 205 followed by letters to vehicle owners on
March 5, 1999, and August 3, 1999.
In consideration of the foregoing, NHTSA has decided that the
applicant has met its burden of proof that the noncompliance it
describes is inconsequential to motor vehicle safety. Accordingly,
Ford's petition is granted, and it is exempted from providing
notification and remedy of the noncompliance as required by 49 U.S.C.
30118 and 30120.
Issued on December 10, 1999.
Stephen R. Kratzke,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 99-32464 Filed 12-14-99; 8:45 am]
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