
[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Notices]
[Pages 22942-22943]
From the Federal Register Online via the Government Printing 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]
BILLING CODE 4910-59-P


