Ford Motor Company; Receipt of Petition for Determination of Inconsequential Noncompliance

Topics:  Ford F-Series, Ford Bronco, NHTSA

Barry Felrice (Federal Register)
January 13, 1994

[Federal Register Volume 59, Number 9 (Thursday, January 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-808]


[[Page Unknown]]

[Federal Register: January 13, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-003; Notice 1]

 

Ford Motor Company; Receipt of Petition for Determination of 
Inconsequential Noncompliance

    Ford Motor Company (Ford) of Dearborn, Michigan has determined that 
some of its replacement windshields fail to comply with the labeling 
requirements of 49 CFR 571.205, Motor Vehicle Safety Standard No. 205, 
``Glazing Materials,'' and has filed an appropriate report pursuant to 
49 CFR part 573, ``Defect and Noncompliance Reports.'' Ford has also 
petitioned to be exempted from the notification and remedy requirements 
of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et 
seq.) on the basis that the noncompliance is inconsequential as it 
relates to motor vehicle safety.
    This notice of receipt of a petition is published under section 157 
of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1417) 
and does not represent any agency decision or other exercise of 
judgment concerning the merits of the petition.
    Standard No. 205, which incorporates, by reference, the American 
National Standards Institute's ``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 
(ANS Z26.1), specifies that, with certain exceptions, glazing materials 
for use in motor vehicles shall conform with Paragraphs S5, 
``Requirements,'' S6, ``Certification and Marking,'' and ANS Z26.1.6, 
``Marking of Safety Glazing Materials.'' Specifically, section 6 of 
ANSI Z26.1 states ``[G]lazing materials, which in a single sheet of 
material are intentionally made with an area having a luminous 
transmittance of not less than 70 percent (Test No. 2), adjoining an 
area that has less than 70 percent luminous transmittance, shall be 
permanently marked at the edge of the sheet to show the limits of the 
area that is intended to comply with Test No. 2. The markings shall be 
AS1 or AS2 etc. * * *.''
    Approximately 98,000 W1099V windshields manufactured from June 1992 
through October 1993 and 14,800 W911V windshields manufactured from 
August 1992 to June 1993 are missing the AS1 marking at the 
bottom edge of the shade band. The subject windshields are manufactured 
as replacements for windshields in 1980 through 1994 model year Ford F-
Series and Bronco vehicles.
    Ford supports its petition for inconsequential noncompliance with 
the following:
    The affected windshields were produced by a Ford supplier 
without AS1 markings at the bottom edge of the shade band, 
but meet all other marking and performance requirements of Standard 
No. 205 and ANSI Z26.1 including the appropriate AS1 marking in the 
area of the trademark identifying the type of construction of the 
glazing material.
    [Ford believes that t]he omission of the marking presents no 
risk of accident or injury. Consequently in Ford's judgment, the 
omission is inconsequential as it relates to motor vehicle safety. 
The stated purposes of [Federal Motor Vehicle Safety Standard] FMVSS 
No. 205 are to reduce injuries resulting from impact to glazing 
surfaces, to ensure a necessary degree of transparency in motor 
vehicle windows for driver visibility, and to minimize the 
possibility of occupants being thrown through the vehicle windows in 
collisions. As previously noted, the affected windshields fully 
comply with the performance requirements of FMVSS No. 205 and 
although missing the AS1 marking at the bottom of the shade 
band, they do have the correct SA1 marking to indicate the type of 
construction of the glazing material. Because all performance 
requirements are met, the omission of the marking at the shade band 
has no effect upon the ability of the glazing to perform in the 
manner intended by the standard. Ford is not aware of any 
complaints, accidents, or injuries related to this condition.

    Interested persons are invited to submit written data, views, and 
arguments on the petition 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, SW., 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 extent possible. When the 
petition is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: February 14, 1994.

    Authority: 15 U.S.C. 1417; delegations of authority at 49 CFR 
1.50 and 49 CFR 501.8.

    Issued on: January 6, 1994.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 94-808 Filed 1-12-94; 8:45 am]
BILLING CODE 4910-59-M