
[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Notices]
[Pages 32531-32532]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12823]


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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.

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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\
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    \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.
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    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


