[Federal Register Volume 67, Number 205 (Wednesday, October 23, 2002)]
[Notices]
[Page 65185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26971]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-12319; Notice 2]


Guardian Industries Corporation; Grant of Application for 
Decision for Determination of Inconsequential Noncompliance

    This notice grants the application by Guardian Industries 
Corporation (Guardian) of Auburn Hills, Michigan 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.'' Guardian has filed an 
appropriate report pursuant to 49 CFR part 573, ``Defect and 
Noncompliance Reports.'' Pursuant to 49 CFR part 556, Guardian has also 
applied to be exempted from the notification and remedy requirements of 
49 U.S.C. Chapter 301, ``Motor Vehicle Safety.'' The basis of the grant 
is that the noncompliance is inconsequential to motor vehicle safety.
    Notice of receipt of the application was published June 3, 2002, 
(67 FR 38315) affording an opportunity for comment. The comment closing 
date was July 3, 2002. No comments were received.
    From November 2000 to February 2001, Guardian manufactured 11,562 
tempered glass sunroof parts that do not meet the labeling requirements 
of paragraph S6 of FMVSS No. 205. The parts were marked with the 
manufacturer's model number M-934, which corresponds to a tempered 
glass with 4.0 mm nominal thickness. The correct manufacturer's model 
number should have been M-937, which is tempered glass with a 5.0 mm 
nominal thickness.
    FMVSS No. 205, paragraph S6 ``Certification and marking,'' requires 
that each piece of glazing material shall be marked in accordance with 
Section 6 of the American National Standard ``Safety Code for Safety 
Glazing Materials for Glazing Materials for Glazing in Motor Vehicles 
Operating on Land Highways'' Z-26.1-1977, January 26, 1977, as 
supplemented by Z26.1a, July 3, 1980 (ANS Z26). This specifies all 
safety glazing materials for use in accordance with this code shall be 
legibly and permanently marked in letters and numerals at least 0.070 
inch (1.78 mm) in height, with the words ``American National Standard'' 
or the characters ``AS'' and, in addition, with a model number that 
will identify the type of construction of the glazing material.
    Guardian submitted a test report indicating the tempered glass 
parts in question were in full compliance with 49 CFR 571.205 except 
that the parts were affixed with the incorrect manufacturer's model 
number. The noncompliance was discovered during a routine in-house 
quality control inspection.
    NHTSA has reviewed Guardian's application and, for the reasons 
discussed in this paragraph, concludes that the noncompliance of the 
Guardian tempered glass sunroof parts is inconsequential to motor 
vehicle safety. Guardian has provided documentation indicating that the 
sunroof parts do comply with all other safety performance requirements 
of the standard except the labeling. In spite of the incorrect labeling 
being affixed to the tempered glass part described herein, the correct 
part was sold and shipped for use in the fabrication of the sunroof 
assemblies. Since the sunroof assemblies would be ordered by its unique 
part number and not the manufacturer's model number (i.e., M-934), the 
noncompliance would not result in the wrong part being used in an 
original equipment manufactured (OEM) application. If there was an 
attempt to install a mislabeled sunroof part into the sunroof assembly, 
Guardian confirmed to NHTSA that the glass construction would not 
properly fit. NHTSA also has determined that the lack of proper 
labeling of the sunroof parts would not affect driver visibility. The 
sunroof is not in the driver's normal forward field of view. Since the 
sunroof parts comply with all other safety performance requirements of 
the standard except the labeling, NHTSA determined that the 
noncompliance would not affect the other purposes of FMVSS No. 205 that 
include reducing injuries from glazing surfaces or minimizing 
possibility of occupants being thrown through the vehicle windows in 
collisions.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance it 
describes is inconsequential to motor vehicle safety.
    Accordingly, the application is granted, and the applicant is 
exempted from providing the notification of the noncompliance that is 
required by 49 U.S.C. 30118, and from remedying the noncompliance, as 
required by 49 U.S.C. 30120.
    The applicant is hereby informed that all products manufactured on 
and after the date it determined the existence of this noncompliance 
must fully comply with the requirements of FMVSS No. 205.

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

    Issued on: October 17, 2002.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 02-26971 Filed 10-22-02; 8:45 am]
BILLING CODE 4910-59-P