Ford Motor Co.; Receipt of Application for Decision of Inconsequential Noncompliance Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Barry Felrice Date: 10 March 1995 Subject: American Government • Safety Topic: Ford Motor Company

[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Notices]
[Pages 13204-13205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5964]



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DEPARTMENT OF TRANSPORTATION
[Docket No. 95-11; Notice 1]


Ford Motor Co.; Receipt of Application for Decision of 
Inconsequential Noncompliance

    Ford Motor Company (Ford) of Dearborn, Michigan has determined that 
some of its windows fail to comply with the light transmittance 
requirements of 49 CFR 571.205, Federal Motor Vehicle Safety Standard 
(FMVSS) No. 205, ``Glazing Materials,'' and has filed an appropriate 
report pursuant to 49 CFR part 573, ``Defect and Noncompliance 
Reports.'' Ford has also applied to be exempt from the notification and 
remedy requirements of 49 U.S.C. Chapter 301--``Motor Vehicle Safety'' 
on the basis that the noncompliance is inconsequential to motor vehicle 
safety.
    This notice of receipt of an application is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the application.
    Standard No. 205, which incorporates by reference, the American 
National Standards Institute (ANSI) ``Safety Code for Safety Glazing 
Materials for Glazing Motor Vehicles Operating on Land Highways'' Z-
26.1-1977, January 26, 1977, as supplemented by Z26.1a, July 3, 1980 
(ANSI Z26.1), specifies that automotive glazing materials used in 
front, side and rear windows of passenger cars shall have a regular 
luminous transmittance of not less than 70 percent of the light, at 
normal incidence, when measured in accordance with ``Light 
Transmittance, Test 2'' of ANSI Z-26.1-1980.
    During the period of October 1994 through January 21, 1995, Ford 
manufactured approximately 8,250 1995 Continental vehicles on which the 
front door windows had a luminous transmittance of approximately 68 
percent. According to Ford, miscommunication between Ford Glass 
production and fabrication plants concerning the properties and 
intended use of the glass resulted in its being used in the fabrication 
of windows for use in Continental production. Beginning with vehicle 
production on January 23, 1995, front door windows with a luminous 
transmittance of greater than 70 percent have been installed.
    Ford supports its application for inconsequential noncompliance 
with the following:

    In Ford's judgment, the condition is inconsequential as it 
relates to motor vehicle safety. Computer modeling studies and in-
car evaluations previously conducted by Ford to assess the effect of 
reduced light transmittance windshields showed that even a 5 point 
reduction in the percentage of light transmittance, from 65 to 60 
percent, resulted in a reduction in seeing distance of only 1 to 2 
percent during night time driving, and little or no reduction in 
seeing distance during dusk and daytime driving. Based on these 
studies, the subject Continental front door windows with 68 percent 
light transmittance (67.5 percent at the door window installed 
angle) would be expected to result in no significant reduction (less 
than 1 percent) in seeing distance during night time driving, and 
virtually no reduction during dusk and daytime driving, compared to 
glass with a 70 percent transmittance. Reductions in seeing 
distances 2 percent or less have no practical or perceivable effect 
on driver visibility based on observers' reports in vehicle 
evaluations by Ford of windshields with line-of-sight transmittance 
in the 60 to 65 percent range.
    The stated purpose of FMVSS No. 205 to which the light 
transmittance requirements are directed is ``to ensure a necessary 
degree of transparency in motor vehicle windows for driver 
visibility.'' NHTSA, in its March, 1991 ``Report to Congress on 
Tinting of Motor Vehicle Windows,'' concluded that the light 
transmittance of windows of the then new passenger cars that 
complied with Standard No. 205 did not present an unreasonable risk 
of accident occurrence. The ``new passenger cars'' that were 
considered to not present an unreasonable risk had effective line-
of-sight light transmittance through the windshields as low as 
approximately 63 percent (determined by a 1990 agency survey, the 
results of which were included in the report). While light 
transmittance and driver visibility through front door windows is 
important to safe operation of motor vehicles, it is not as 
important as driver visibility through vehicle windshields. It 
follows that if light transmittance levels as low as 63 percent 
through windshields do not present an unreasonable risk to safety, 
then the side window glass in the subject Continentals also present 
no unreasonable risk to safety.
    Therefore, while the use of front window glazing with luminous 
transmittance less than 70 percent is technically a noncompliance, 
we believe the condition presents no risk to motor vehicle safety.

    Interested persons are invited to submit written data, views, and 
arguments on the application of Ford, described above. Comments should 
refer to the docket number and be submitted to: Docket Section, 
National Highway Traffic Safety Administration, Room 5109, 400 Seventh 
Street NW, Washington, DC 20590. It is requested but not required that 
six copies be submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date will also 
be filed and will be considered to the extend possible. When the 
application is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below.

    Comment closing date: April 10, 1995.

[[Page 13205]] (15 U.S.C. 1417; delegations of authority at 49 CFR 
1.50 and 501.8)
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-5964 Filed 3-9-95; 8:45 am]
BILLING CODE 4910-59-M