[Federal Register Volume 68, Number 187 (Friday, September 26, 2003)]
[Rules and Regulations]
[Pages 55544-55545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24346]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-03-15712]
RIN 2127-AH08


Federal Motor Vehicle Safety Standards; Glazing Materials; Low 
Speed Vehicles

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

ACTION: Final rule, delay of effective date and correcting amendment.

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SUMMARY: This document delays the effective date of, and makes a 
correcting amendment to, the final rule published on July 25, 2003 (68 
FR 43964) that updates the Federal motor vehicle safety standard on 
glazing materials.

DATES: The effective date of the final rule amending 49 CFR part 571, 
published at 68 FR 43964, July 25, 2003, as corrected by the amendment 
in this document, is delayed from September 23, 2003, to January 22, 
2004. Voluntary compliance is permitted before that date.

FOR FURTHER INFORMATION CONTACT: For technical and policy issues: Mr. 
John Lee, Office of Crashworthiness Standards, NVS-112, National 
Highway Traffic Safety Administration, 400 Seventh Street, SW., 
Washington, DC 20590. Telephone: (202) 366-4924. Fax: (202) 366-4329.
    For legal issues: Nancy Bell, Attorney Advisor, Office of the Chief 
Counsel, NCC-112, National Highway Traffic Safety Administration, 400 
Seventh Street, SW., Washington, DC 20590. Telephone: (202) 366-2992. 
Fax: (202) 366-3820.

SUPPLEMENTARY INFORMATION:

Background

    The standards that are the subject of these corrections are Federal 
Motor Vehicle Safety Standard (FMVSS) No. 205, ``Glazing materials,'' 
and FMVSS No. 500, ``Low-speed vehicles.'' A final rule amending these 
standards was published on July 25, 2003 (68 FR 43964). The rule 
updates FMVSS No. 205 so that it incorporates by reference the 1996 
version of the industry standard, American National Standard for Safety 
Glazing Materials for Glazing Motor Vehicles and Motor Vehicle 
Equipment Operating on Land Highways (``ANSI/SAE Z26.1-1996''), on 
motor vehicle glazing. Currently, the Federal standard references the 
1977 version of the industry standard and the 1980 supplement to that 
standard. The July 2003 final rule also simplifies understanding of the 
Federal glazing performance requirements. The amendments of the past 20 
years to the standard resulted in a patchwork of requirements in the 
Federal standard that needed to be read alongside the industry standard 
in order to gain a comprehensive understanding of the overall 
requirements of the Federal standard.

Need for Correction

    As published, the July 2003 final rule contained errors that need 
correction. First, this document corrects the effective date of the 
final rule to provide the 180-day lead-time discussed in the preamble. 
The Dates section of the document incorrectly cited that the rule would 
become effective on September 23, 2003. This has been corrected in the 
Dates section of this document to state that the effective date for the 
July 2003 final rule is January 22, 2004, which is 180 days after the 
publication date of the July 2003 final rule.
    Second, this document corrects an inadvertent omission of a 
location restriction for Item 4A glazing. In the current FMVSS No. 205 
(S5.1.2.11), NHTSA only permits Item 4A glazing--Rigid Plastic for Use 
in Side Windows Rearward of the ``C'' pillar--to be used in side 
windows rearward of the ``C'' pillar. As stated in the final rule 
permitting the installation of Item 4A glazing published on August 12, 
1996 (61 FR 41739) and subsequent letters of interpretation, NHTSA does 
not permit Item 4A glazing near rear-facing seats or side-facing seats 
in any motor vehicle because of the concern that occupants riding in 
those seating locations may be able to contact their heads against Item 
4A glazing in a crash. The breaking of rigid plastic windows in a crash 
could leave sharp, pointed shards in the window frame which could 
easily be contacted by an occupant's head. There is also concern about 
occupant injury resulting from large shards of rigid plastic glazing 
being propelled inward by vehicle impacts with trees, poles, or other 
vehicles.\1\
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    \1\ While not discussed in the 1996 final rule, the reduction in 
visibility through rear windows using plastic glazing due to 
abrasion and weathering creates significant safety concerns because 
a driver may have insufficient visibility to avoid a crash in the 
first place. This issue was not discussed in the 1996 final rule 
because all parties to that rulemaking agreed that inferior 
visibility in the rear window created an unsafe driving condition.
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    In the July 2003 final rule, NHTSA incorporated by reference the 
ANSI/SAE Z26.1-1996 provision for Item 4A glazing that closely mirrors 
the requirements contained in the current FMVSS No. 205. It has come to 
our attention, however, that the ANSI/SAE Z26.1-1996 provision for Item 
4A glazing does not contain the restriction that this Item of glazing 
only be permitted for use in side windows rearward of the ``C'' pillar. 
It would also permit Item 4A glazing in the rear windows of vehicles 
that previously were not allowed to have Item 4A glazing in any windows 
other than some rear side windows. The omission of this restriction was 
inadvertent and, as such, was not discussed or considered in either the 
Notice of Proposed Rulemaking published on August 4, 1999 proposing to 
amend FMVSS No. 205 by incorporating by reference ANSI/SAE Z26.1-1996 
or in the July 2003 final rule. As such, the agency is taking this 
opportunity to correct the regulatory text of FMVSS No. 205 to make 
clear that Item 4A glazing is only permitted for use in side windows 
rearward of the ``C'' pillar.

[[Page 55545]]

Correction of Publication

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles.


0
In consideration of the foregoing, 49 CFR Part 571 as amended at 68 FR 
43964 (July 25, 2003) is further amended as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for Part 571 of Title 49 continues to read as 
follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.50.


0
2. Section 571.205 is amended by adding S5.5 to read as follows:
* * * * *


Sec.  571.205  Standard No. 205; Glazing materials

* * * * *
    S5.5 Item 4A Glazing. Item 4A glazing, as specified in ANSI/SAE 
Z26.1-1996, may only be used in side windows rearward of the ``C'' 
pillar.
* * * * *

    Issued: September 23, 2003.
Roger A. Saul,
Director, Office of Crashworthiness Standards.
[FR Doc. 03-24346 Filed 9-23-03; 3:34 pm]
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