Custom Glass Solutions Upper Sandusky Corporation, Grant of Petition for Decision of Inconsequential Noncompliance, 3737-3738 [2015-01038]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Notices
no longer controlled at the time it
determined that the noncompliance
existed. However, the granting of this
petition does not relieve Grote
distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant air brake tubing under
their control after Grote notified them
that the subject noncompliance existed.
Authority: (49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8)
Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. 2015–01037 Filed 1–22–15; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0124; Notice 2]
Custom Glass Solutions Upper
Sandusky Corporation, Grant of
Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
AGENCY:
Custom Glass Solutions
Upper Sandusky Corporation (Custom
Glass), a subsidiary of Guardian
Industries Corporation, has determined
that certain laminated glass panes, other
than windscreens, do not fully comply
with paragraph S6 of Federal Motor
Vehicle Safety Standard (FMVSS) No.
FMVSS 205, Glazing Materials. Custom
Glass has filed an appropriate report
dated September 17, 2013, pursuant to
49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports.
ADDRESSES: For further information on
this decision contact Luis Figueroa,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5298, facsimile (202) 366–
5930.
SUPPLEMENTARY INFORMATION:
I. Custom Glass’s Petition: Pursuant to
49 U.S.C. 30118(d) and 30120(h) and the
rule implementing those provision at 49
CFR part 556, Custom Glass submitted
a petition 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.
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:05 Jan 22, 2015
Jkt 235001
Notice of receipt of the petition was
published, with a 30-day public
comment period, on September 25, 2014
in the Federal Register (79 FR 57654).
No comments were received. To view
the petition and all supporting
documents log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2013–
0124.’’
II. Glazing Involved: Approximately
160 laminated glass panes, other than
windscreens, intended for the cabs of
approximately twenty mining vehicles
being manufactured by Atlas Copco in
Australia. The panes consist of two 4.0
mm tempered panes manufactured by
Auto Temp, Inc. (ATI) that were bonded
together with a 0.76 mm PVB layer by
Custom Glass and then shipped to
Angus Palm, Watertown, South Dakota
between August 1, 2013 and September
4, 2013.
III. Noncompliance: Custom Glass
explains that the noncompliance is that
the labeling on the subject laminated
glass panes does not fully meet the
requirements of paragraph S6 of FMVSS
No. 205. The panes were labeled with
the incorrect manufacturer’s code mark,
incorrect manufacturer’s trademark, and
incorrect manufacturer’s model number,
and were incorrectly marked as
Tempered.
IV. Rule Text: Refer to the entire text
of Paragraph S6 of FMVSS No. 205 for
requirements and contextual
restrictions.
V. Summary of Custom Glass’s
Analyses: Custom Glass stated its belief
that the subject noncompliance is
inconsequential to motor vehicle safety
based on the following reasoning:
The parts are incorrectly labeled with
the manufacturer’s code mark and
manufacturer’s trademark belonging to
the tempered glazing supplier, ATI. The
correct manufacturer’s code mark,
which should have been affixed to the
parts at issue, is DOT 22. The correct
manufacturer’s model number is M85L2
(which identifies laminated glass
construction with an 8.5 mm nominal
thickness, from which Guardian
fabricates automotive parts for use
anywhere in a motor vehicle except
windshields). The panes are marked
with the correct item-of-glazing number.
Although the subject laminated glass
panes are affixed with the incorrect
manufacturer’s code mark,
manufacturer’s model number and
manufacturer’s trademark, the
laminated glass parts were fabricated is
in full compliance with the technical
requirements of FMVSS No. 205 that
currently apply to laminated glass for
PO 00000
Frm 00191
Fmt 4703
Sfmt 4703
3737
use anywhere in a motor vehicle except
windshields (item-of-glazing number
‘‘2,’’ i.e., ‘‘AS–2’’)
Custom Glass also asserts that the
subject noncompliance could not result
in the wrong part being used in an OEM
or ARG application given that the part
would be ordered by its unique part
number and not the manufacturer’s
model number (which corresponds to
the glass construction from which the
part is fabricated). The parts are also
easily traceable back to Custom Glass
since they are the only glazing supplier
for this particular vehicle.
Custom Glass has additionally
informed NHTSA that it has corrected
the noncompliance so that all future
production vehicles delivered with
laminated glass will comply with
FMVSS No. 205.
In summation, Custom Glass believes
that the described noncompliance of the
subject laminated glass parts is
inconsequential to motor vehicle safety,
and that its petition, to exempt 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 Decision
NHTSA Analysis: FMVSS No. 205
specifies labeling and performance
requirements for automotive glazing.
Paragraph S6 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 to 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. Section 7 of ANSI Z26.1
(1996) requires manufacturers to mark
automotive glazing with the item of
glazing number, e.g., ‘‘AS–1’’, the
manufacturer’s distinctive designation
or trademark, and a model number that
will identify the type of construction of
the glazing material. 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.
In its petition Custom Glass stated
that labeling on the affected glazing that
did meet all applicable requirements of
FMVSS No. 205 and ANSI Z26.1 (1996).
Specifically, the glazing was marked
with the incorrect manufacturer’s code
mark, incorrect manufacturer’s
trademark, and incorrect manufacturer’s
model number (i.e., M number). The
glazing was also incorrectly marked
‘‘Tempered’’ as opposed to
E:\FR\FM\23JAN1.SGM
23JAN1
tkelley on DSK3SPTVN1PROD with NOTICES
3738
Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Notices
‘‘Laminated’’. The noncompliance is
limited to laminated glass panes, other
than windscreens, to be used in the cabs
of approximately twenty mining
vehicles manufactured by Atlas Copco
in Australia.
NHTSA believes that the subject
labeling errors are inconsequential to
motor vehicle safety because; the
marking of glazing as ‘‘Tempered’’ or
‘‘Laminated’’ is not required by FMVSS
No. 205, the probability of anyone in the
United States obtaining the subject
incorrectly marked glazing as
replacement glazing is very unlikely
since the affected glazing is specifically
designed for use in mining vehicles
manufactured by Atlas Copco in
Australia. In addition, there is no
concern that the wrong model number
on the subject glazing would result in an
incorrect replacement part being used
because replacement parts are ordered
by referring to the glazing part number
or by identifying the vehicle for which
the replacement glazing is intended.
Custom Glass is the only glazing
supplier for the vehicles and any
replacement glazing acquired from
Custom Glass in the future is expected
to be marked correctly, and the subject
glazing appears to comply with all other
applicable requirements of FMVSS No.
205.
NHTSA Decision: In consideration of
the foregoing, NHTSA has decided that
Custom Glass has met its burden of
persuasion that the FMVSS No. 205
noncompliance is inconsequential to
motor vehicle safety. Accordingly,
Custom Glass’s petition is hereby
granted and Custom Glass is exempted
from the obligation of providing
notification of, and a remedy for, that
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. Therefore, this
decision only applies to the subject
laminated glass parts that Custom Glass
no longer controlled at the time it
determined that the noncompliance
existed. However, the granting of this
petition does not relieve equipment
distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant motor laminated glass
parts under their control after Custom
VerDate Sep<11>2014
18:05 Jan 22, 2015
Jkt 235001
Glass notified them that the subject
noncompliance existed.
Authority: (49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8)
Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. 2015–01038 Filed 1–22–15; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2014–0127]
Pipeline Safety: Information Collection
Activities
Pipeline and Hazardous
Materials Safety Administration.
ACTION: Notice and request for
comments.
AGENCY:
On October 28, 2014, in
accordance with the Paperwork
Reduction Act of 1995, the Pipeline and
Hazardous Materials Safety
Administration (PHMSA) published a
notice in the Federal Register (79 FR
64249) inviting comments on two
information collections that will be
expiring on May 31, 2015. PHMSA will
request an extension with no change for
the information collections identified by
Office of Management and Budget
(OMB) control numbers 2137–0049 and
2137–0594.
PHMSA received one comment in
response to that notice. PHMSA is
publishing this notice to provide the
public with an additional 30 days to
comment on the renewal of the
information collections referenced
above and announce that the
Information Collections will be
submitted to OMB for approval.
DATES: Interested persons are invited to
submit comments on or before February
23, 2015 to be assured of consideration.
FOR FURTHER INFORMATION CONTACT:
Cameron Satterthwaite by telephone at
202–366–1319, by email at
cameron.satterthwaite@dot.gov, by fax
at 202–366–4566, or by mail at U.S.
Department of Transportation, PHMSA,
1200 New Jersey Avenue SE., PHP–30,
Washington, DC 20590–0001.
ADDRESSES: You may submit comments
identified by the docket number
PHMSA–2014–0127 by any of the
following methods:
• Fax: 1–202–395–5806.
• Mail: Office of Information and
Regulatory Affairs, Records
Management Center, Room 10102
SUMMARY:
PO 00000
Frm 00192
Fmt 4703
Sfmt 4703
NEOB, 725 17th Street NW.,
Washington, DC 20503, ATTN: Desk
Officer for the U.S. Department of
Transportation\PHMSA.
• Email: Office of Information and
Regulatory Affairs, OMB, at the
following email address: OIRA_
Submission@omb.eop.gov.
Requests for a copy of the Information
Collection should be directed to
Cameron Satterthwaite by telephone at
202–366–1319, by fax at 202–366–4566,
by email at cameron.satterthwaite@
dot.gov, or by mail at U.S. Department
of Transportation, PHMSA, 1200 New
Jersey Avenue SE., PHP–30,
Washington, DC 20590–0001.
SUPPLEMENTARY INFORMATION: Section
1320.8(d), Title 5, Code of Federal
Regulations requires PHMSA to provide
interested members of the public and
affected agencies an opportunity to
comment on information collection and
recordkeeping requests. This notice
identifies two information collection
renewal requests that PHMSA will be
submitting to OMB for approval. The
information collections are titled:
‘‘Recordkeeping for Natural Gas
Pipeline Operators’’ (2137–0049) and
‘‘Customer-Owned Service Lines’’
(2137–0594).
Summary of Comments Received
During the 60-day comment period,
PHMSA received one comment from an
anonymous submitter that emphasized
the general importance of public
participation regarding pipeline safety
requirements.
Proposed Information Collection
Revisions and Request for Comments
The following information is provided
for each revised information collection:
(1) Title of the information collection;
(2) OMB control number; (3) Type of
request; (4) Abstract of the information
collection activity; (5) Description of
affected public; (6) Estimate of total
annual reporting and recordkeeping
burden; and (7) Frequency of collection.
PHMSA will request a three-year term of
approval for each information collection
activity. This is a notice of PHMSA’s
request to renew the following
information collections:
1. Title: Recordkeeping Requirements
for Gas Pipeline Operators.
OMB Control Number: 2137–0049.
Current Expiration Date: 05/31/2015.
Type of Request: Renewal of a
currently approved information
collection.
Abstract: Under Title 49, CFR parts
191 and 192, a person owning or
operating a natural gas pipeline facility
is required to maintain records, make
E:\FR\FM\23JAN1.SGM
23JAN1
]]>Agencies
[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Notices]
[Pages 3737-3738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01038]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0124; Notice 2]
Custom Glass Solutions Upper Sandusky Corporation, Grant of
Petition for Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
-----------------------------------------------------------------------
SUMMARY: Custom Glass Solutions Upper Sandusky Corporation (Custom
Glass), a subsidiary of Guardian Industries Corporation, has determined
that certain laminated glass panes, other than windscreens, do not
fully comply with paragraph S6 of Federal Motor Vehicle Safety Standard
(FMVSS) No. FMVSS 205, Glazing Materials. Custom Glass has filed an
appropriate report dated September 17, 2013, pursuant to 49 CFR part
573, Defect and Noncompliance Responsibility and Reports.
ADDRESSES: For further information on this decision contact Luis
Figueroa, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-5298,
facsimile (202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. Custom Glass's Petition: Pursuant to 49 U.S.C. 30118(d) and
30120(h) and the rule implementing those provision at 49 CFR part 556,
Custom Glass submitted a petition 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 the petition was published, with a 30-day
public comment period, on September 25, 2014 in the Federal Register
(79 FR 57654). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2013-0124.''
II. Glazing Involved: Approximately 160 laminated glass panes,
other than windscreens, intended for the cabs of approximately twenty
mining vehicles being manufactured by Atlas Copco in Australia. The
panes consist of two 4.0 mm tempered panes manufactured by Auto Temp,
Inc. (ATI) that were bonded together with a 0.76 mm PVB layer by Custom
Glass and then shipped to Angus Palm, Watertown, South Dakota between
August 1, 2013 and September 4, 2013.
III. Noncompliance: Custom Glass explains that the noncompliance is
that the labeling on the subject laminated glass panes does not fully
meet the requirements of paragraph S6 of FMVSS No. 205. The panes were
labeled with the incorrect manufacturer's code mark, incorrect
manufacturer's trademark, and incorrect manufacturer's model number,
and were incorrectly marked as Tempered.
IV. Rule Text: Refer to the entire text of Paragraph S6 of FMVSS
No. 205 for requirements and contextual restrictions.
V. Summary of Custom Glass's Analyses: Custom Glass stated its
belief that the subject noncompliance is inconsequential to motor
vehicle safety based on the following reasoning:
The parts are incorrectly labeled with the manufacturer's code mark
and manufacturer's trademark belonging to the tempered glazing
supplier, ATI. The correct manufacturer's code mark, which should have
been affixed to the parts at issue, is DOT 22. The correct
manufacturer's model number is M85L2 (which identifies laminated glass
construction with an 8.5 mm nominal thickness, from which Guardian
fabricates automotive parts for use anywhere in a motor vehicle except
windshields). The panes are marked with the correct item-of-glazing
number.
Although the subject laminated glass panes are affixed with the
incorrect manufacturer's code mark, manufacturer's model number and
manufacturer's trademark, the laminated glass parts were fabricated is
in full compliance with the technical requirements of FMVSS No. 205
that currently apply to laminated glass for use anywhere in a motor
vehicle except windshields (item-of-glazing number ``2,'' i.e., ``AS-
2'')
Custom Glass also asserts that the subject noncompliance could not
result in the wrong part being used in an OEM or ARG application given
that the part would be ordered by its unique part number and not the
manufacturer's model number (which corresponds to the glass
construction from which the part is fabricated). The parts are also
easily traceable back to Custom Glass since they are the only glazing
supplier for this particular vehicle.
Custom Glass has additionally informed NHTSA that it has corrected
the noncompliance so that all future production vehicles delivered with
laminated glass will comply with FMVSS No. 205.
In summation, Custom Glass believes that the described
noncompliance of the subject laminated glass parts is inconsequential
to motor vehicle safety, and that its petition, to exempt 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 Decision
NHTSA Analysis: FMVSS No. 205 specifies labeling and performance
requirements for automotive glazing. Paragraph S6 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 to 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. Section 7 of ANSI Z26.1 (1996)
requires manufacturers to mark automotive glazing with the item of
glazing number, e.g., ``AS-1'', the manufacturer's distinctive
designation or trademark, and a model number that will identify the
type of construction of the glazing material. 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.
In its petition Custom Glass stated that labeling on the affected
glazing that did meet all applicable requirements of FMVSS No. 205 and
ANSI Z26.1 (1996). Specifically, the glazing was marked with the
incorrect manufacturer's code mark, incorrect manufacturer's trademark,
and incorrect manufacturer's model number (i.e., M number). The glazing
was also incorrectly marked ``Tempered'' as opposed to
[[Page 3738]]
``Laminated''. The noncompliance is limited to laminated glass panes,
other than windscreens, to be used in the cabs of approximately twenty
mining vehicles manufactured by Atlas Copco in Australia.
NHTSA believes that the subject labeling errors are inconsequential
to motor vehicle safety because; the marking of glazing as ``Tempered''
or ``Laminated'' is not required by FMVSS No. 205, the probability of
anyone in the United States obtaining the subject incorrectly marked
glazing as replacement glazing is very unlikely since the affected
glazing is specifically designed for use in mining vehicles
manufactured by Atlas Copco in Australia. In addition, there is no
concern that the wrong model number on the subject glazing would result
in an incorrect replacement part being used because replacement parts
are ordered by referring to the glazing part number or by identifying
the vehicle for which the replacement glazing is intended. Custom Glass
is the only glazing supplier for the vehicles and any replacement
glazing acquired from Custom Glass in the future is expected to be
marked correctly, and the subject glazing appears to comply with all
other applicable requirements of FMVSS No. 205.
NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that Custom Glass has met its burden of persuasion that the
FMVSS No. 205 noncompliance is inconsequential to motor vehicle safety.
Accordingly, Custom Glass's petition is hereby granted and Custom Glass
is exempted from the obligation of providing notification of, and a
remedy for, that 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. Therefore, this decision
only applies to the subject laminated glass parts that Custom Glass no
longer controlled at the time it determined that the noncompliance
existed. However, the granting of this petition does not relieve
equipment distributors and dealers of the prohibitions on the sale,
offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant motor laminated glass parts
under their control after Custom Glass notified them that the subject
noncompliance existed.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8)
Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-01038 Filed 1-22-15; 8:45 am]
BILLING CODE 4910-59-P
