Supreme Corporation, Grant of Petition for Decision of Inconsequential Noncompliance

Topics:  Supreme Classic American Trolley

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
21 October 2016

[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Notices]
[Pages 72850-72851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25509]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0126; Notice 2]


Supreme 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: Supreme Corporation (Supreme), has determined that certain 
model year (MY) 2015-2016 Supreme Classic American Trolley buses 
manufactured between October 1, 2014 and November 2, 2015, do not fully 
comply with paragraph S6 of Federal Motor Vehicle Safety Standard 
(FMVSS) No. 205, Glazing Materials. Supreme filed a report dated 
November 20, 2015, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports. Supreme then petitioned NHTSA 
under 49 CFR part 556 requesting a decision that the subject 
noncompliance is inconsequential to motor vehicle safety.

ADDRESSES: For further information on this decision contact Luis 
Figueroa, Office of Vehicles Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5298, 
facsimile (202) 366-5930.

SUPPLEMENTARY INFORMATION: 

I. Overview

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49

[[Page 72851]]

CFR part 556), Supreme 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 March 3, 2016, in the Federal Register (81 FR 
11358). 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-2015-0126.''

II. Buses Involved

    Affected are approximately 21 MY 2015-2016 Supreme Classic American 
Trolley buses manufactured between October 1, 2014 and November 2, 
2015.

III. Noncompliance

    Supreme explains that the noncompliance is that the windshields on 
the subject Trolleys do not contain the ``AS1'' markings as required by 
paragraph S6 of FMVSS No. 205.

IV. Rule Text

    Paragraph S6 of FMVSS No. 205 requires in pertinent part:

    S6. Certification and marking.
    S6.1 A prime glazing material manufacturer, must certify, in 
accordance with 49 U.S.C. 30115, each piece of glazing material to 
which this standard applies that is designed--
    (a) As a component of any specific motor vehicle or camper; or
    (b) To be cut into components for use in motor vehicles or items 
of motor vehicle equipment.
    S6.2 A prime glazing manufacturer certifies its glazing by 
adding to the marks required by section 7 of ANSI/SAE Z26.1-1996, in 
letters and numerals of the same size, the symbol ``DOT'' and a 
manufacturer's code mark that NHTSA assigns to the manufacturer. 
NHTSA will assign a code mark to a manufacturer after the 
manufacturer submits a written request to the Office of Vehicle 
Safety Compliance, National Highway Traffic Safety Administration, 
400 Seventh Street SW., Washington, DC 20590. The request must 
include the company name, address, and a statement from the 
manufacturer certifying its status as a prime glazing manufacturer 
as defined in S4. . . .

    In addition, paragraph S5.1 of FMVSS No. 205 incorporates by 
reference ANSI Z26.1-1996 and other industry standards. Specifically, 
Section 7 (Marking of Safety Glazing Materials) of ANSI Z26.1-1996 
requires that:

    In addition to any other markings required by law, ordinance, or 
regulation, all safety glazing materials manufactured for use in 
accordance with this standard shall be legibly and permanently 
marked in letters and numerals . . . with the words American 
National Standard or the characters AS and . . . In addition to the 
preceding markings and immediately adjacent to the words American 
National Standard or the characters AS, each piece of glazing 
material shall further be marked . . . if complying with the 
requirements of Section 4, Application of Tests, Item 1 with the 
numeral 1; . . .

V. Summary of Supreme's Analyses

    Supreme stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (1) Supreme stated that the subject windshields meet all 
performance and other requirements of FMVSS No. 205 with the exception 
of the subject noncompliance.
    (2) Supreme stated its belief that repair services for the subject 
windshields will not be affected because replacement windshields are 
typically obtained through Supreme distributors who have the correct 
and compliant replacement glazing.
    (3) Supreme also stated that they have not received any consumer 
complaints, claims, or warranty claims related to this noncompliance.
    (4) Supreme additionally made mention of similar inconsequential 
noncompliance petitions that were granted by the agency relating 
noncompliances that Supreme believes are similar to the subject FMVSS 
No. 205 noncompliance.
    Supreme has informed NHTSA that for all affected vehicles that 
remain in Supreme's inventory and the inventory of Supreme's 
distributors, permanent markings in compliance with FMVSS No. 205 will 
be added to the vehicle windshields before delivery under a sale or 
lease.
    In summation, Supreme believes that the described noncompliance of 
the subject windshields is inconsequential to motor vehicle safety, and 
that its petition, to exempt Supreme 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's Analysis: The petition pertains to a population of 
approximately 21 model year 2015 and 2016 ``Classic American Trolley'' 
vehicles, built by Supreme Corporation, that do not have the required 
``AS1'' marking on their windshields. NHTSA has reviewed Supreme 
Corporation's arguments and has decided that the subject FMVSS No. 205 
noncompliance is inconsequential to motor vehicle safety.
    There is no effect of the noncompliance on the operational safety 
of the subject vehicles because the installed windshields meet all 
other labeling and performance requirements of FMVSS No. 205. Also, 
there is no possibility that a noncompliant windshield will be 
installed on a production vehicle or ordered as a replacement part 
since vehicles in inventory will have compliant windshields before sold 
or lease, and replacement windshields are obtained through Supreme 
Corporation.
    NHTSA's Decision: In consideration of the foregoing analysis, NHTSA 
has decided that Supreme has met its burden of demonstrating that the 
FMVSS No. 205 noncompliance is inconsequential to motor vehicle safety. 
Accordingly, Supreme's petition is hereby granted and Supreme is 
exempted from the obligation of providing notification of, and a remedy 
for, the subject 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 buses that Supreme 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 buses under their control after Supreme 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,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-25509 Filed 10-20-16; 8:45 am]
 BILLING CODE 4910-59-P