
[Federal Register: July 31, 2009 (Volume 74, Number 146)]
[Notices]               
[Page 38261-38262]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy09-127]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0113; Notice 1]

 
Auto Temp, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Auto Temp, Inc. (Auto Temp) has determined that certain replacement 
backlights (part number FB22692 GTY ATI), manufactured for 2006-09 
Honda Civic 2-Door Coupe passenger cars, do not fully comply with 
paragraph S5.2 of 49 CFR 571.205, Federal Motor Vehicle Safety Standard 
(FMVSS) No. 205 Glazing Materials. Auto Temp has filed an appropriate 
report pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Auto Temp 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.
    This notice of receipt of Auto Temp's petition is published under 
49 U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    Auto Temp estimated that 68 replacement backlights manufactured on 
July 14, 2008, intended for 2006-09 Honda Civic 2-Door coupe passenger 
cars, are involved and that 80% of those backlights may be 
noncompliant.
    Paragraphs S5.2 of FMVSS No. 108 require in pertinent part:

    S5.2 Each of the test specimens described in ANSI/SAE Z26.1-1996 
Section 5.7 (fracture test) must meet the fracture test requirements 
of that section when tested in accordance with the test procedure 
set forth in that section.
    5.7.4 Interpretation of Results. NO individual fragment free 
from cracks and obtained within 3 minutes subsequent to test shall 
weight more than 4.25g (0.15oz).

    Auto Temp explained that the noncompliance is that the subject 
backlights do not meet the fracture test requirements of FMVSS No. 205 
Section 5.7 Fracture Test 7 ANSI/SAE Z26.1-1996, because several tests 
revealed that out of 8 tested backlights, 6 contained fragments that 
exceeded the 4.25g (0.15oz) threshold specified by the above standard.
    Auto Temp states that it believes that this noncompliance is 
inconsequential to motor vehicle safety for the following reasons. Out 
of several thousand total fragments no more than 2 noncompliant 
fragments were found from a single backlight. Each of the noncompliant 
fragments exhibited all of the characteristics of tempered safety 
glass. The position of the noncompliant fragments in the backlight, 
coupled with the package tray location of the Honda Civic 2-Door Coupe, 
minimizes the potential for any contact between glass fragments and 
vehicle occupants. The extremely low percentage of noncompliant 
fragments, together with the small number of total affected backlights, 
results in a minimal impact on issue of motor vehicle safety.
    Auto Temp also has informed NHTSA that since it 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 it has not yet formulated a remedy for the 
noncompliance. However, Auto Temp has agreed to reimburse its customers 
for all returned parts (FB22692 GTY ATI backlights produces on July 14, 
2008) regardless of the filing of an inconsequential petition.
    Auto Temp also informed NHTSA that it has corrected the problem 
that caused this noncompliance.
    In summation, Auto Temp states that it believes that the 
noncompliances are inconsequential to motor vehicle safety and that no 
corrective action is warranted.
    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.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: by logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). DOT's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 (65 
FR 19477-78).
    You may view documents submitted to a docket at the address and 
times given above. You may also view the documents on the Internet at 
http://www.regulations.gov by following the online instructions for 
accessing the dockets available at that Web site.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.

[[Page 38262]]

    Comment closing date: August 31, 2009.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8).

    Issued on: July 27, 2009.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9-18253 Filed 7-30-09; 8:45 am]

BILLING CODE 4910-59-P
