[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Notices]
[Pages 32531-32532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12823]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0060; Notice 2]
Ford Motor Company, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Grant of Petition.
-----------------------------------------------------------------------
SUMMARY: The Ford Motor Company (Ford), has determined that certain
model year 2010 Ford Taurus passenger cars and certain model year 2010
Lincoln MKT multi-purpose vehicles do not fully comply with the
requirements of paragraph S6.2 of Federal Motor Vehicle Safety Standard
(FMVSS) No. 205, Glazing Materials. Ford filed an appropriate report
pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility
and Reports, dated November 12, 2009.
Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR part 556, Ford 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 Ford's petition was published, with a 30 day
public comment period, on June 4, 2010, in the Federal Register (75 FR
31839). 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-2010-0060.''
Contact Information: For further information on this decision,
contact Mr. Luis Figueroa, Office of Vehicle Safety Compliance, the
National Highway Traffic Safety Administration (NHTSA), telephone (202)
366-5298, facsimile (202) 366-7002.
Vehicles Involved: Affected are approximately 15,663 model year
2010 Ford Taurus passenger car models, manufactured from June 1, 2009,
through October 5, 2009, at Ford's Chicago Assembly Plant, and
approximately 3,565 model year 2010 Lincoln MKT multi-purpose vehicle
models, manufactured from June 29, 2009, through October 8, 2009, at
Ford's Oakville Assembly Plant, a total of approximately 19,228
vehicles are not in compliance with paragraph 6.2 of FMVSS No. 205
relating to windshield marking.\1\
---------------------------------------------------------------------------
\1\ Ford additionally notes that the nonconforming windshields
installed in the subject vehicles were manufactured by Zeledyne,
Inc. (Zeledyne), at their facility located at 7200 W. Centennial
Boulevard, Nashville, TN 37209.
---------------------------------------------------------------------------
Summary of Ford's Petition: Ford describes the noncompliance as the
improper location of the ``AS1'' glazing marking. The standard requires
that the ``AS1'' glazing marking be located in close proximity to the
official designated trademark area (lower portion) of the windshield.
However, Ford said that the ``AS1'' symbol is marked in the upper
portion of the windshield; on both sides of the affected windshields
and that the windshields conform to all other FMVSS No. 205
requirements.
Ford states the basis for why they believe this noncompliance is
inconsequential to motor vehicle safety as:
(1) This condition does not present a risk to motor vehicle safety
because the windshield fully meets the performance and physical
requirements of FMVSS [No.] 205.
(2) Repair service will be unaffected because the selection of
replacement windshields is typically done utilizing a distributor, a
catalog, or NAGS [National Auto Glass Specification] number.
(3) Furthermore, repairers will be able to determine the
appropriate glazing because the upper portions of the windshield are
properly labeled with the ``AS1,'' designation, the glazing is clearly
marked as ``Laminated,'' and all other markings required by FMVSS [No.]
205 are properly labeled.
(4) No other Ford vehicles are affected by this condition and Ford
is not aware of any field or owner complaints related to this
condition.
Additionally, Ford stated that Zeledyne discovered the
noncompliance during its trademark content project study in which its
laboratory personnel noticed that the ``AS1'' symbol was missing from
the designated trademark location on the lower corner of the
windshields for the affected vehicles.
Ford also has informed NHTSA that it has corrected the problem that
caused these errors so that they will not be repeated in future
production.
Supported by the above stated reasons, Ford believes that the
described FMVSS No. 205 noncompliance is inconsequential to motor
vehicle safety, and that its petition, to exempt it 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.
[[Page 32532]]
Background Requirement: Section Sec. 6.2 of FMVSS No. 205
specifically states:
Sec. 6.2 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 Decision: FMVSS No. 205 specifies labeling and performance
requirements for automotive glazing. Section Sec. 6 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 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. One of the labeling requirements in
Section 7 of ANSI Z26.1 (1996) is to mark automotive glazing with the
item of glazing number, e.g., ``AS-1''. In addition, 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.
According to the petition, the nature of the noncompliance is the
improper placement of the glazing number on the windshield. NHTSA
believes that the placement of the glazing number, separated from the
other required labeling, is inconsequential to vehicle safety. The
glazing number has been placed at a different location from the rest of
the required markings, but all information required in FMVSS No. 205
appears on the windshield. The windshields meet all performance
requirements and Ford has taken the steps to correct the problem.
In consideration of the foregoing, NHTSA has determined that Ford
has met its burden of persuasion and that the subject FMVSS No. 205
glazing noncompliance is inconsequential to motor vehicle safety.
Accordingly, Ford's petition is hereby granted, and Ford 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.
Authority: 49 U.S.C. 30118, 30120; delegations of authority at
49 CFR 1.95 and 501.8.
Issued on: May 21, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-12823 Filed 5-29-13; 8:45 am]
BILLING CODE 4910-59-P