
[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Notices]               
[Page 31839-31840]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn10-107]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0060; Notice 1]

 
Ford Motor Company, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    The Ford Motor Company (Ford) \1\ has determined that certain model 
year 2010 Ford Taurus passenger cars, built from June 1, 2009, through 
October 5, 2009, and certain model year 2010 Lincoln MKT multi-purpose 
vehicles, built from June 29, 2009, through October 8, 2009, do not 
fully meet the windshield marking requirements of paragraph S6.2 of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 205 Glazing 
Materials. On November 12, 2009, Ford filed an appropriate report 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports.
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    \1\ Ford is a domestic manufacturer of motor vehicles, 
incorporated under the laws of the State of Delaware, with offices 
at The American Road, Dearborn, Michigan.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
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.
    This notice of receipt of Ford'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.
    Ford estimates approximately 15,663 model year 2010 Ford Taurus 
passenger car models, built 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, built 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 S6.2 of FMVSS No. 205 relating to windshield marking.\2\
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    \2\ 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.
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    Paragraph S6.2 of FMVSS No. 205 requires 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. * * 
*

    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:

    No other Ford vehicles are affected by this condition and we are 
not aware of any field or owner complaints related to this 
condition. In our judgment, the condition does not present a risk to 
motor vehicle safety because the windshield fully meets the 
performance and physical requirements of FMVSS [No.] 205. 
Additionally 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. 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.

    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.
    Therefore, Ford believes that the described noncompliance does not 
present a risk to motor vehicle safety. Thus, Ford requests 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.
    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

[[Page 31840]]

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.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at  http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    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.
    Comment closing date: July 6, 2010.

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

    Issued on: May 27, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-13402 Filed 6-3-10; 8:45 am]
BILLING CODE 4910-59-P

