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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 94-3; Notice 2]

Ford Motor Company; Grant of Petition for Determination of

Inconsequential Noncompliance

Ford Motor Company (Ford) of Dearborn, MI, determined that some of

its replacement windshields failed to comply with the labeling

requirements of 49 CFR 571.205, Motor Vehicle Safety Standard No. 205,

``Glazing Materials,'' and filed an appropriate report pursuant to 49

CFR part 573, ``Defect and Noncompliance Reports.'' Ford 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.

Notice of receipt of the petition was published on January 13,

1994, and an opportunity afforded for comment (59 FR 1989).

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 supported 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 AS1 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.

No comments were received on the petition.

The noncompliance reported does not affect the performance

characteristics of the glazing, and, hence, the noncompliance has no

direct effect upon motor vehicle safety. Although the markings have

been omitted in one area of the windshield, the correct designation,

AS1, appears in the area of the trademark identifying the type of

construction of the glazing material. Thus, the omission at the shade

band will not prevent correct identification of the glazing by

personnel conducting periodic motor vehicle inspections, or when it is

necessary to replace the windshield. There is no need in either

instance for knowledge of where the area of 70 percent or greater light

transmittance begins.

In consideration of the foregoing, it is hereby found that

petitioner has met its burden of persuasion that the noncompliance

herein described is inconsequential as it relates to motor vehicle

safety, and its petition is granted.

(15 U.S.C. 1417; delegations of authority at 49 CFR 1.50 and 49 CFR

501.8)

Issued on: March 11, 1994.

Barry Felrice,

Associate Administrator for Rulemaking.

[FR Doc. 94-6163 Filed 3-16-94; 8:45 am]

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