[Federal Register Volume 71, Number 132 (Tuesday, July 11, 2006)]
[Notices]
[Page 39141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10763]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2006-24707; Notice 2]


Pilkington Glass of Canada Ltd., Grant of Petition for Decision 
of Inconsequential Noncompliance

    Pilkington Glass of Canada Ltd. (Pilkington) has determined that 
certain aftermarket windshields that it manufactured in 2005 and 2006 
do not comply with S6.2 and S6.3 of 49 CFR 571.205, Federal Motor 
Vehicle Safety Standard (FMVSS) No. 205, ``Glazing Materials.'' 
Pursuant to 49 U.S.C. 30118(d) and 30120(h), Pilkington 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 May 19, 2006, 
in the Federal Register (71 FR 29214). NHTSA received no comments.
    Affected are a total of approximately 760 aftermarket number 
GW1549GBY windshields manufactured between September 9, 2005 and March 
31, 2006. Pilkington explains that the exact number of noncompliant 
windshields is unknown, but that 8.1 percent of the windshields that 
remain in the company's possession are noncompliant, and applying that 
percentage to the 9,383 windshields that have been distributed produces 
a result of approximately 760 windshields. S6.2 and S6.3 of FMVSS No. 
205 require that each windshield be marked with certain information 
including a manufacturer's model number and manufacturer's code mark. 
The affected windshields are marked with either an illegible model 
number or an illegible manufacturer's code. Pilkington has corrected 
the problem that caused these errors so that they will not be repeated 
in future production.
    Pilkington believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. The 
petitioner states that the windshields are clearly inscribed 
``Pilkington'' and ``Made in Canada,'' which would allow a distributor 
or consumer to clearly identify the manufacturer. Pilkington further 
states that consumers do not need the illegible information to operate 
their vehicles safely, and ``repair shops typically do not use the 
model number in deciding upon the size or model of the replacement 
glass. Instead, [they] generally use various manuals and web sites * * 
* such as * * * National Auto Glass Specifications.'' Pilkington also 
states that it has taken action to prevent additional sales of these 
windshields by notifying wholesalers and distributors to return 
windshields with the noncompliant markings.
    NHTSA agrees with Pilkington that the noncompliance is 
inconsequential to motor vehicle safety. The manufacturer can be 
identified by the words ``Pilkington'' and ``Made in Canada,'' which 
are inscribed on the windshield. To identify the proper replacement 
glass, a repair facility would presumably follow the typical practice 
of using references such as the National Auto Glass Specifications web 
site and manuals. Therefore this noncompliance does not present a 
safety problem in terms of replacement or recall. The windshields meet 
all other FMVSS requirements.
    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, 
Pilkington'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 July 5, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E6-10763 Filed 7-10-06; 8:45 am]
BILLING CODE 4910-59-P