[Federal Register Volume 68, Number 226 (Monday, November 24, 2003)]
[Notices]
[Pages 65991-65992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29200]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-15644 Notice 2]


Freightliner LLC; Grant of Application for Decision for 
Determination of Inconsequential Non-Compliance

    This notice grants the application by Freightliner LLC 
(Freightliner) on behalf of Thomas Built Buses, Inc. (Thomas) of High 
Point, North Carolina, 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.'' Freightliner has filed an appropriate report 
pursuant to 49 CFR Part 573, ``Defect and Noncompliance Responsibility 
and Reports.'' Pursuant to 49 CFR Part 556, ``Exemption for 
Inconsequential Defect or Noncompliance,'' Freightliner 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 August 19, 2003, 
(68 FR 49841) affording an opportunity for comment. The comment closing 
date was September 18, 2003. No comments were received.
    From September 22, 2002 to February 24, 2003, Freightliner 
manufactured 700 Thomas Built Conventional, MPV-EF and HDX buses with 
driver side windows that do not meet the labeling requirements of 
paragraph S6 of FMVSS No. 205. The driver side windows were not marked 
with the ``DOT'' symbol, manufacturer's number and the AS 2 code mark.
    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.'' Freightliner stated that the 
noncompliance consists of the driver side windows not being marked with 
the ``DOT'' symbol, manufacturer's number and the AS 2 code mark.
    According to Freightliner, the manufacturer of the window, Double 
Eagle Window MFG, LLC, notified Freightliner on April 15, 2003 of the 
labeling noncompliance. Freightliner submitted a compliance test report 
indicating that the tempered glass parts in question were in full 
compliance with 49 CFR 571.205 except for labeling.
    NHTSA has reviewed Freightliner's application and, for the reasons 
discussed in this paragraph, concludes that the noncompliance of the 
Freightliner driver side windows is inconsequential to motor vehicle 
safety. Freightliner has provided documentation indicating that the 
driver side windows do comply with all other safety performance 
requirements of the standard except labeling requirements. 
Consequently, the noncompliance would not affect the purposes of FMVSS 
No. 205, which include reducing injuries from impacts to glazing 
surfaces, ensuring driver

[[Page 65992]]

visibility, and minimizing the possibility of occupants being thrown 
through the vehicle windows in collisions. Furthermore, it is unlikely 
that the labeling would result in inadvertent replacement of windows 
with the wrong glazing since all buses have AS 2 glazing in the driver 
side window (which is necessary for driver visibility). In addition, 
the affected vehicles are large buses that are typically operated by 
professional drivers, and maintenance and repairs are performed by 
experienced mechanics.
    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: November 18, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-29200 Filed 11-21-03; 8:45 am]
BILLING CODE 4910-59-P