[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Notices]
[Pages 22942-22943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08955]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2009-0092; Notice 2]
Pilkington North America, Inc., Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Grant of Petition for Inconsequential Noncompliance.
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SUMMARY: Pilkington North America, Inc. (Pilkington) has determined
that certain replacement rear windows manufactured for model year 2006
through 2009 Honda Civic two-door coupe passenger cars manufactured on
April 16, 2008, do not fully comply with paragraphs S6.2 and S6.3 of
Federal Motor Vehicle Safety Standard (FMVSS) No. 205 Glazing
Materials. Pilkington
[[Page 22943]]
has filed an appropriate report pursuant to 49 CFR Part 573, Defect and
Noncompliance Responsibility and Reports, dated February 4, 2009.
Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR part 556, Pilkington has
petitioned 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 Pilkington's petition was published, with a 30-day public
comment period, on May 20, 2009, in the Federal Register (74 FR 23775).
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-2009-0092.''
For further information on this decision, contact Mr. Luis
Figueroa, Office of Vehicle Safety Compliance, NHTSA, telephone (202)
366-5298, facsimile (202) 366-7002.
Equipment Involved: Affected are approximately 206 replacement rear
windows (National Auto Glass Specifications (NAGS) part number
FB22692GTY) for model year 2006 through 2009 Honda Civic two-door coupe
passenger cars that were manufactured at Pilkington's Versailles,
Kentucky plant on April 16, 2008.
Summary of Pilkington's Analysis and Arguments: Pilkington explains
that the noncompliance for the 205 replacement rear windows exists due
to Pilkington's failure to label the replacement rear windows with the
marks required by section 7 of ANSI/SAE Z26.1-1996, the symbol ``DOT,''
and its NHTSA assigned manufacturer code mark. As of the time of the
petition,
Paragraphs S6.2 and S6.3 of FMVSS No. 205 require in pertinent
part:
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, * * *
S6.3 A manufacturer or distributor who cuts a section of glazing
material to which this standard applies, for use in a motor vehicle or
camper, must (a) Mark that material in accordance with section 7 of
ANSI/SAE Z26.1 1996; and (b) Certify that its product complies with
this standard in accordance with 49 U.S.C. 30115.
Pilkington states that it believes that this noncompliance is
inconsequential to motor vehicle safety for the following reasons:
(1) The noncompliances relate solely to product monograms or
markings and the noncompliant rear windows. Pilkington has tested a
number of the parts in its possession and confirmed that they meet or
exceed all other applicable performance requirements in FMVSS No. 205.
(2) NHTSA has previously granted other exemptions for noncompliant
product labeling. In the past, the agency has recognized that the
failure to meet labeling requirements often is inconsequential to motor
vehicle safety.
(3) The information contained in the noncompliant product markings
is not required in order for consumers to operate their vehicles
safely.
Pilkington also stated its belief that the noncompliance will not
interfere with any future tracing of the windows because Pilkington is
only one of three manufacturers of rear windows for this particular
Honda Civic, the other two being PGW (Pittsburgh Glass Works, formerly
known as PPG) and Auto Temp, Inc. Given that the windows produced by
the two other manufacturers will be properly marked, Pilkington's
unlabeled rear windows should easily be identified and traced, if
necessary, should any future defects or noncompliances be discovered.
Discussion: NHTSA has reviewed and accepts Pilkington's analyses
that this noncompliance is inconsequential to motor vehicle safety.
Pilkington has provided documentation that the windows do comply with
all other safety performance requirements of the standard, except the
labeling. This documentation is a surrogate for the certification
labeling. NHTSA believes that the lack of labeling would not result in
inadvertent replacement of the windows with the wrong glazing. Broken
tempered glass can readily be identified as tempered glass, rather than
plastic or laminated glass. Anyone who intended to replace the window
with an identical tempered glass window would have to contact
Pilkington for the proper part, since tempered glass windows cannot be
easily manufactured by small field facilities. At that point,
Pilkington, or their representative, would be able to provide the
correct replacement window by use of their parts system.
NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that Pilkington has met its burden of persuasion that the FMVSS
No. 205 noncompliance in the noncompliant windows described in
Pilkington's Noncompliance Information Report is inconsequential to
motor vehicle safety. Accordingly, Pilkington's petition is hereby
granted and the petitioner 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 206 noncompliant windows that Pilkington no longer
controlled at the time that it determined that a noncompliance existed
in the subject vehicles.
Authority: 49 U.S.C. 30118, 30120; delegations of authority at
49 CFR 1.95 and 501.8.
Issued On: April 11, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-08955 Filed 4-16-13; 8:45 am]
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