Western Star Trucks, Inc.; Grant of Application for Decisions of Inconsequential Noncompliance

[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Notices]
[Page 66232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31928]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3869; Notice 02]


Western Star Trucks, Inc.; Grant of Application for Decisions of 
Inconsequential Noncompliance

    Western Star Trucks Inc. (Western Star) of Kelowna, British 
Columbia, Canada, has determined that some of its vehicles fail to 
comply with the labeling requirements of 49 CFR 571.205, Federal Motor 
Vehicle Safety Standard (FMVSS) No. 205, ``Glazing Materials,'' and has 
filed an appropriate report pursuant to 49 CFR Part 573 ``Defect and 
Noncompliance Reports.'' Western Star has also applied to be exempted 
from the notification and remedy requirements of 49 U.S.C. Chapter 
301--``Motor Vehicle Safety'' on the basis that the noncompliance is 
inconsequential to motor vehicle safety.
    Notice of receipt of the application was published with a 30-day 
comment period, on June 12, 1998, in the Federal Register (63 FR 
33434). NHTSA received no comments on this application.
    FMVSS 205, paragraph S6 Certification and marking, requires that 
each piece of glazing material shall be marked in accordance to section 
6 of the American National Standard ``Safety Code for Safety Glazing 
Materials for Glazing Motor Vehicles Operating on Land Highways'' Z-
26.1-1977, January 26, 1977, as supplemented by Z26.1a July 3, 1980 
(ANS Z26). This specifies all safety glazing materials shall be legibly 
and permanently marked in letters and numerals at least 0.070 inch 
(1.78 mm) in height, with the words ``American National Standard'' or 
the characters ``AS'' and, in addition, with a model number that will 
identify the type of construction of the glazing material. They shall 
also be marked with the manufacturer's distinctive designation or 
trademark. In addition, FMVSS 205, paragraph S6.2 requires that each 
piece of glazing material be marked with the symbol ``DOT.''
    From January 17, 1996, to February 3, 1998, Western Star Trucks 
manufactured approximately 891 Western Star Constellation series truck/
tractors equipped with 58 inches or 72 inches sleeper windows which 
were not marked per the requirements of S6 of FMVSS 205.
    Western Star supports its application for inconsequential 
noncompliance with the following:
    1. All performance requirements of FMVSS 205 are met or exceeded.
    2. The sleeper window is located out of the truck/tractor driver's 
compartment in an area not requisite for driver visibility.
    NHTSA has reviewed Western Star's application and, for the reasons 
discussed below, concludes that the noncompliance of the Western Star 
windows is inconsequential to motor vehicle safety. Western Star has 
provided documentation that the windows do comply with all other safety 
performance requirements of the standard, except the labeling. This 
documentation is a surrogate for the certification labeling. NHTSA 
believes that the lack of labeling would not result in inadvertent 
replacement of the windows with the wrong glazing. Broken tempered 
glass can readily be identified as tempered glass, rather than plastic 
or laminated glass. Anyone who intended to replace the window with an 
identical tempered glass window would have to contact Western Star for 
the proper part, since tempered glass windows cannot be easily 
manufactured by small field facilities. At that point, Western Star, or 
their representative, would be able to provide the correct replacement 
window by use of their parts system.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance it 
describes is inconsequential to safety.
    Accordingly, its application is granted, and the applicant is 
exempted from providing the notification of the noncompliance that is 
required by 49 U.S.C. 30118, and from remedying the noncompliance, as 
required by 49 U.S.C. 30120.

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

    Issued: November 24, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-31928 Filed 11-30-98; 8:45 am]
BILLING CODE 4910-59-P