[Federal Register Volume 75, Number 107 (Friday, June 4, 2010)]
[Notices]
[Pages 31839-31840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13402]
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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