[Federal Register Volume 68, Number 42 (Tuesday, March 4, 2003)]
[Notices]
[Pages 10307-10308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5039]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-12367; Notice 2]


Toyota Motor Corporation; Grant of Application for Decision for 
Determination of Inconsequential Non-Compliance

    This notice grants the application by Toyota Motor Corporation 
(TMC) of Aichi-ken, Japan, 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.'' TMC has filed an appropriate report 
pursuant to 49 CFR part 573, ``Defect and Noncompliance Reports.'' 
Pursuant to 49 CFR part 556, ``Exemption for Inconsequential Defect or 
Noncompliance,'' TMC 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 July 8, 2002, 
(67 FR 45182) affording an opportunity for comment. The comment closing 
date was August 7, 2002. No comments were received.
    From January 8, 2001 to May 17, 2001, TMC manufactured 5,789 
airdams for use in 2002 Lexus SL 430 passenger cars that do not meet 
the labeling requirements of paragraph S6 of FMVSS No. 205. The airdams 
were not marked with the ``DOT'' symbol and a manufacturer's code.
    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. The glazing materials shall also be marked with the 
manufacturer's distinctive designation or trademark. In addition, FMVSS 
No. 205, paragraph S6.2 requires that each piece of glazing material be 
marked with the symbol ``DOT.'' The TMC airdams were constructed to 
comply as glazing materials under American National Standard Items 4 
and 5, and should have been identified as ``AS 4'' or ``AS 5.'' TMC 
stated that the noncompliance consists of the airdams not being marked 
with the ``DOT'' symbol and the AS 4 or AS 5 codes.
    According to TMC, during its design and testing process, it 
confirmed that the airdam meets the performance requirements of ANS Z26 
for item 4 and item 5 glazing as referenced by FMVSS No. 205. It 
supplied two ``Notice of Equipment Compliance'' reports. The American 
Association of Motor Vehicle Administrators issued the first report, 
and the Japan Vehicle Inspection Association issued the second. The 
first, dated 1993, provided compliance information for AS 4 and AS 5 
material that was used in the vehicle prior to inclusion of the marking 
and that expired in 1998. The second, dated 2001, provided compliance 
information for AS 4 and AS 5 material that was used after the marking 
was placed on the airdam. TMC claims there is virtually no difference 
between the compliance data; therefore, TMC believes there is no safety 
risk.
    NHTSA has reviewed TMC's application and, for the reasons discussed 
in this paragraph, concludes that the noncompliance of the TMC airdam 
is inconsequential to motor vehicle safety. TMC has provided 
documentation indicating that the airdams do comply with all other 
safety performance requirements of the standard except the labeling. 
Consequently, the noncompliance would not affect the purposes of FMVSS 
No. 205 that include reducing injuries from impacts to glazing 
surfaces, ensuring driver visibility, or minimizing the possibility of 
occupants being thrown through the vehicle windows in collisions. The 
lack of labeling to the airdam described herein, would not result in 
inadvertent replacement of the airdams with the wrong glazing material. 
Since TMC is the only certifying manufacturer of the airdam, a person 
attempting to replace the airdam would have to contact TMC for the 
proper part. Consequently TMC, or their representative, would be able 
to provide the correct replacement airdam.
    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

[[Page 10308]]

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: February 27, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-5039 Filed 3-3-03; 8:45 am]
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