[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75135-75136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26507]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0091; Notice 1]


Navistar, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Receipt of petition.

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SUMMARY: Navistar, Inc., (Navistar), has determined that certain model 
year (MY) 2022-2023 IC Bus school and commercial buses do not fully 
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 205, 
Glazing Materials. Navistar filed two noncompliance reports dated 
November 17, 2021. Navistar petitioned NHTSA on December 16, 2021, for 
a decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety. This document announces receipt of 
Navistar's petition.

DATES: Send comments on or before January 6, 2023.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and may be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Jack Chern, General Engineer, NHTSA, 
Office of Vehicle Safety Compliance, (202) 366-0661.

SUPPLEMENTARY INFORMATION:
    I. Overview: Navistar determined that side window glazing supplied 
by Custom Glass Solutions and installed on certain MY 2022-2023 IC Bus 
school and commercial buses do not fully comply with paragraph S6.2 of 
FMVSS No. 205, Glazing Materials (49 CFR 571.205).
    Navistar filed an original noncompliance report dated November 17, 
2021, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Navistar petitioned NHTSA on December 16, 
2021, for an exemption from the notification and remedy requirements of 
49 U.S.C. Chapter 301 on the basis that they believe this noncompliance 
is inconsequential as it relates to motor vehicle safety, pursuant to 
49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for 
Inconsequential Defect or Noncompliance.
    This notice of receipt of Navistar's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
another exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 1,289 MY 2022-2023 IC Bus CE 
and EV school buses, manufactured between July 26, 2021, and October 7, 
2021, and approximately 4 MY 2022 IC Bus CE commercial buses 
manufactured between August 26, 2021, and September 14, 2021, are 
potentially involved.
    III. Noncompliance: Navistar explains that noncompliance is that 
the two side pieces of the flat three-piece windshield installed in the 
subject vehicles was incorrectly marked as ``AS2'' when it should have 
been marked as ``AS1'' and therefore, does not comply with paragraph 
S6.2 of FMVSS No. 205.

[[Page 75136]]

    IV. Rule Requirements: Paragraph S6.2 of FMVSS No. 205 includes the 
requirements relevant to this petition. A prime glazing manufacturer 
marks its glazing with the AS number required by section 7 of ANSI/SAE 
Z26.1-1996 (incorporated by reference, see Sec.  571.5).
    V. Summary of Navistar's Petition: The following views and 
arguments presented in this section, ``V. Summary of Navistar's 
Petition,'' are the views and arguments provided by Navistar. They have 
not been evaluated by the Agency and do not reflect the views of the 
Agency. Navistar describes the subject noncompliance and contends that 
the noncompliance is inconsequential as it relates to motor vehicle 
safety.
    Navistar explains that there is ``no potential safety consequence'' 
because the side window glass supplied by Custom Glass Solutions (CGS) 
in the subject vehicles meets the AS1 requirements as specified by 
FMVSS No. 205 even though it was incorrectly marked as AS2. Navistar 
says that other than the incorrect marking, ``the material itself is 
fully compliant to the standard.'' Navistar included with its petition 
the test report confirming that the glazing material itself is actually 
meeting the requirements of AS1 glazing, and that just the labeling was 
incorrect.
    Navistar says that despite the incorrect marking, ``the correct 
part was sold and shipped to Navistar for use as windshields.'' 
According to Navistar, the subject noncompliance ``could not result in 
the wrong replacement part ordered'' because the part is ordered using 
``its unique part number and not the `M number' (which corresponds to 
the glass construction from which the part is fabricated.''
    Navistar concludes by stating its belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety 
and its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, any decision on 
this petition only applies to the subject vehicles that Navistar no 
longer controlled at the time it determined that the noncompliance 
existed. However, any decision on this petition does not relieve 
vehicle distributors and dealers of the prohibitions on the sale, offer 
for sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant vehicles under their control.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 
CFR 1.95 and 501.8)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022-26507 Filed 12-6-22; 8:45 am]
BILLING CODE 4910-59-P