[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Notices]
[Pages 23775-23776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11720]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0092; Notice 1]


Pilkington North America, Inc., Receipt of Petition for Decision 
of Inconsequential Noncompliance

    Pilkington North America, Inc. (Pilkington) has determined that 
certain replacement rear windows that it manufactured for 2006-2009 
Honda Civic two-door coupe passenger car do not fully comply with 
paragraphs S6.2 and S6.3 of 49 CFR 571.205, Federal Motor Vehicle 
Safety Standard (FMVSS) No. 205 Glazing Materials. Pilkington 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), 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.
    This notice of receipt of Pilkington'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.
    Pilkington estimated that 206 replacement rear windows (NAGS part 
number FB22692GTY) for 2006-2009 Honda Civic two-door coupe passenger 
cars are involved. Pilkington also states that all of the subject 
windows were manufactured on April 16, 2008.
    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 explained that the noncompliances with FMVSS No 205 
exist due to its 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.
    Pilkington states that it believes that this noncompliance is 
inconsequential to motor vehicle safety for three reasons. First, the 
non-compliance relates solely to product monograms or markings; the 
subject rear windows meet all other safety and performance standards. 
Second, NHTSA has previously granted other exemptions for non-compliant 
product labeling. In the past, the agency has recognized that the 
failure to meet labeling requirements often is inconsequential as to 
motor vehicle safety. Third, the information contained in these product 
markings is not required in order for consumers to operate their 
vehicles safely.
    Pilkington 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.
    Pilkington also stated its belief the lack of a monogram is 
inconsequential with respect to motor vehicle safety because consumers 
do not need the information in these monograms in order to operate 
their vehicles in a safe manner. Pilkington has tested a number of the 
parts in its possession and confirmed that they meet all other 
applicable FMVSS.
    Pilkington also has informed NHTSA that it has corrected the 
problem that caused these errors so that they will not be repeated in 
future production. Pilkington also notes its intent to ensure that no 
additional non-compliant rear windows are in the marketplace. In this 
pursuit, Pilkington stated its intention to write to all wholesalers 
and distributors which purchased the subject replacement parts asking 
them to return to Pilkington any rear windows lacking compliant 
markings. However, Pilkington is seeking an exemption from quarterly 
reporting obligations and from any regulations that could potentially 
require efforts to contact end users or to label or mark rear windows 
now in use.
    In summation, Pilkington 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.

[[Page 23776]]

    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.
    Comment closing date: June 19, 2009.

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

    Issued on: May 14, 2009.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9-11720 Filed 5-19-09; 8:45 am]
BILLING CODE 4910-59-P