Custom Glass Solutions Upper Sandusky Corporation, Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Guardian Industries
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Jeffrey M. Giuseppe
Federal Motor Carrier Safety Administration
January 23, 2015
[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Notices]
[Pages 3737-3738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01038]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0124; Notice 2]
Custom Glass Solutions Upper Sandusky Corporation, Grant of
Petition for Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
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SUMMARY: Custom Glass Solutions Upper Sandusky Corporation (Custom
Glass), a subsidiary of Guardian Industries Corporation, has determined
that certain laminated glass panes, other than windscreens, do not
fully comply with paragraph S6 of Federal Motor Vehicle Safety Standard
(FMVSS) No. FMVSS 205, Glazing Materials. Custom Glass has filed an
appropriate report dated September 17, 2013, pursuant to 49 CFR part
573, Defect and Noncompliance Responsibility and Reports.
ADDRESSES: For further information on this decision contact Luis
Figueroa, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-5298,
facsimile (202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. Custom Glass's Petition: Pursuant to 49 U.S.C. 30118(d) and
30120(h) and the rule implementing those provision at 49 CFR part 556,
Custom Glass submitted a petition for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
Notice of receipt of the petition was published, with a 30-day
public comment period, on September 25, 2014 in the Federal Register
(79 FR 57654). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2013-0124.''
II. Glazing Involved: Approximately 160 laminated glass panes,
other than windscreens, intended for the cabs of approximately twenty
mining vehicles being manufactured by Atlas Copco in Australia. The
panes consist of two 4.0 mm tempered panes manufactured by Auto Temp,
Inc. (ATI) that were bonded together with a 0.76 mm PVB layer by Custom
Glass and then shipped to Angus Palm, Watertown, South Dakota between
August 1, 2013 and September 4, 2013.
III. Noncompliance: Custom Glass explains that the noncompliance is
that the labeling on the subject laminated glass panes does not fully
meet the requirements of paragraph S6 of FMVSS No. 205. The panes were
labeled with the incorrect manufacturer's code mark, incorrect
manufacturer's trademark, and incorrect manufacturer's model number,
and were incorrectly marked as Tempered.
IV. Rule Text: Refer to the entire text of Paragraph S6 of FMVSS
No. 205 for requirements and contextual restrictions.
V. Summary of Custom Glass's Analyses: Custom Glass stated its
belief that the subject noncompliance is inconsequential to motor
vehicle safety based on the following reasoning:
The parts are incorrectly labeled with the manufacturer's code mark
and manufacturer's trademark belonging to the tempered glazing
supplier, ATI. The correct manufacturer's code mark, which should have
been affixed to the parts at issue, is DOT 22. The correct
manufacturer's model number is M85L2 (which identifies laminated glass
construction with an 8.5 mm nominal thickness, from which Guardian
fabricates automotive parts for use anywhere in a motor vehicle except
windshields). The panes are marked with the correct item-of-glazing
number.
Although the subject laminated glass panes are affixed with the
incorrect manufacturer's code mark, manufacturer's model number and
manufacturer's trademark, the laminated glass parts were fabricated is
in full compliance with the technical requirements of FMVSS No. 205
that currently apply to laminated glass for use anywhere in a motor
vehicle except windshields (item-of-glazing number ``2,'' i.e., ``AS-
2'')
Custom Glass also asserts that the subject noncompliance could not
result in the wrong part being used in an OEM or ARG application given
that the part would be ordered by its unique part number and not the
manufacturer's model number (which corresponds to the glass
construction from which the part is fabricated). The parts are also
easily traceable back to Custom Glass since they are the only glazing
supplier for this particular vehicle.
Custom Glass has additionally informed NHTSA that it has corrected
the noncompliance so that all future production vehicles delivered with
laminated glass will comply with FMVSS No. 205.
In summation, Custom Glass believes that the described
noncompliance of the subject laminated glass parts is inconsequential
to motor vehicle safety, and that its petition, to exempt from
providing recall notification of noncompliance as required by 49 U.S.C.
30118 and remedying the recall noncompliance as required by 49 U.S.C.
30120 should be granted.
NHTSA Decision
NHTSA Analysis: FMVSS No. 205 specifies labeling and performance
requirements for automotive glazing. Paragraph S6 of FMVSS No. 205
requires glazing material manufacturers to certify, in accordance with
49 U.S.C. 30115, each piece of glazing material to which this standard
applies. A prime glazing material manufacturer certifies its glazing by
adding to the marks required in Section 7 of ANSI Z26.1 (1996), the
symbol ``DOT'' and a manufacturer's code mark assigned by the NHTSA's
Office of Vehicle Safety Compliance. Section 7 of ANSI Z26.1 (1996)
requires manufacturers to mark automotive glazing with the item of
glazing number, e.g., ``AS-1'', the manufacturer's distinctive
designation or trademark, and a model number that will identify the
type of construction of the glazing material. Section 7 of ANSI Z26.1
(1996) states that the item of glazing number is to be placed in close
proximity to other required markings.
In its petition Custom Glass stated that labeling on the affected
glazing that did meet all applicable requirements of FMVSS No. 205 and
ANSI Z26.1 (1996). Specifically, the glazing was marked with the
incorrect manufacturer's code mark, incorrect manufacturer's trademark,
and incorrect manufacturer's model number (i.e., M number). The glazing
was also incorrectly marked ``Tempered'' as opposed to
[[Page 3738]]
``Laminated''. The noncompliance is limited to laminated glass panes,
other than windscreens, to be used in the cabs of approximately twenty
mining vehicles manufactured by Atlas Copco in Australia.
NHTSA believes that the subject labeling errors are inconsequential
to motor vehicle safety because; the marking of glazing as ``Tempered''
or ``Laminated'' is not required by FMVSS No. 205, the probability of
anyone in the United States obtaining the subject incorrectly marked
glazing as replacement glazing is very unlikely since the affected
glazing is specifically designed for use in mining vehicles
manufactured by Atlas Copco in Australia. In addition, there is no
concern that the wrong model number on the subject glazing would result
in an incorrect replacement part being used because replacement parts
are ordered by referring to the glazing part number or by identifying
the vehicle for which the replacement glazing is intended. Custom Glass
is the only glazing supplier for the vehicles and any replacement
glazing acquired from Custom Glass in the future is expected to be
marked correctly, and the subject glazing appears to comply with all
other applicable requirements of FMVSS No. 205.
NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that Custom Glass has met its burden of persuasion that the
FMVSS No. 205 noncompliance is inconsequential to motor vehicle safety.
Accordingly, Custom Glass's petition is hereby granted and Custom Glass
is exempted from the obligation of providing notification of, and a
remedy for, that noncompliance under 49 U.S.C. 30118 and 30120.
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, this decision
only applies to the subject laminated glass parts that Custom Glass no
longer controlled at the time it determined that the noncompliance
existed. However, the granting of this petition does not relieve
equipment distributors and dealers of the prohibitions on the sale,
offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant motor laminated glass parts
under their control after Custom Glass notified them that the subject
noncompliance existed.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8)
Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-01038 Filed 1-22-15; 8:45 am]
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