[Federal Register Volume 70, Number 110 (Thursday, June 9, 2005)]
[Notices]
[Page 33769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11427]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-20923; Notice 2]


Les Entreprises Michel Corbeil Inc., Grant of Petition for 
Decision of Inconsequential Noncompliance

    Les Entreprises Michel Corbeil Inc. (Corbeil) has determined that 
certain vehicles that it produced in 1998 through 2005 do not comply 
with S9.3(c) of 49 CFR 571.111, Federal Motor Vehicle Safety Standard 
(FMVSS) No. 111, ``Rearview mirrors.'' Pursuant to 49 U.S.C. 30118(d) 
and 30120(h), Corbeil has petitioned for a determination that this 
noncompliance is inconsequential to motor vehicle safety and has filed 
an appropriate report pursuant to 49 CFR part 573, ``Defect and 
Noncompliance Reports.'' Notice of receipt of a petition was published, 
with a 30-day comment period, on April 18, 2005, in the Federal 
Register (70 FR 20204). NHTSA received no comments.
    Affected are approximately 246 Corbeil school buses on Ford and GM 
chassis, manufactured from January 5, 1998 through February 15, 2005. 
S9.3(c) requires:

    Each school bus which has a mirror installed in compliance with 
S9.3(a) that has an average radius of curvature of less than 889 mm, 
as determined under S12, shall have a label visible to the seated 
driver. The label shall be printed in a type face and color that are 
clear and conspicuous. The label shall state the following: ``USE 
CROSS VIEW MIRRORS TO VIEW PEDESTRIANS WHILE BUS IS STOPPED. DO NOT 
USE THESE MIRRORS TO VIEW TRAFFIC WHILE BUS IS MOVING. IMAGES IN 
SUCH MIRRORS DO NOT ACCURATELY SHOW ANOTHER VEHICLE'S LOCATION.''

The noncompliant school buses were produced without the required label.
    Corbeil believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Corbeil 
states that school bus drivers in general are instructed and aware of 
the use of these mirrors for pedestrian purposes only. Further, the 
petitioner asserts that a very small number of vehicles are affected, 
over a time period of eight years, and that a recall would cost 
approximately $10,000 Canadian due to the need to recall all 8471 
school buses produced from 1998 to 2005 to determine which of the 
estimated noncompliant 2.9% lack the label required by S9.3(c). Corbeil 
has corrected the problem.
    The agency agrees with Corbeil that the noncompliance is 
inconsequential to motor vehicle safety. As Corbeil states, all school 
bus drivers are trained to assure they are knowledgeable and skilled in 
the operation of buses including the use of these mirrors and the fact 
that these mirrors are used for pedestrian purposes only. The number of 
vehicles with noncompliant mirrors is relatively small, and Corbeil has 
made changes in its quality assurance process to prevent future 
occurrences of this problem.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Corbeil's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliance.

    Authority: 49 U.S.C. 30118, 30120; delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: June 3, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-11427 Filed 6-8-05; 8:45 am]
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