Ford Motor Company, Grant of Petition for Decision of Inconsequential Noncompliance, 32531-32532 [2013-12823]

Download as PDF Federal Register / Vol. 78, No. 104 / Thursday, May 30, 2013 / Notices applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4351]; Federal-Aid Highway Act [23 U.S.C. 109] and [23 U.S.C. 128]; 2. Air: Clean Air Act [42 U.S.C. 7401– 7671(q)]; 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]; 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544]; Migratory Bird Treaty Act [16 U.S.C. 703–712]; 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470f]; 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]; 7. 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William C. Farr, Assistant Division Administrator, Atlanta, Georgia. [FR Doc. 2013–12830 Filed 5–29–13; 8:45 am] BILLING CODE P VerDate Mar<15>2010 16:25 May 29, 2013 Jkt 229001 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 National Highway Traffic Safety Administration, DOT. ACTION: Grant of Petition. AGENCY: 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: https://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 SUMMARY: PO 00000 Frm 00167 Fmt 4703 Sfmt 4703 32531 FMVSS No. 205 relating to windshield marking.1 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. 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. E:\FR\FM\30MYN1.SGM 30MYN1 32532 Federal Register / Vol. 78, No. 104 / Thursday, May 30, 2013 / Notices Authority: 49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.95 and 501.8. § 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. . . . TKELLEY on DSK3SPTVN1PROD with NOTICES Background Requirement: Section § 6.2 of FMVSS No. 205 specifically states: Issued on: May 21, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. NHTSA Decision: FMVSS No. 205 specifies labeling and performance requirements for automotive glazing. Section § 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. 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ADDRESSES: Send comments regarding the burden estimate, or any other aspect of the information collection, including suggestion for reducing the burden, to (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Treasury, New Executive Office Building, Room 10235, Washington, DC 20503, or email at OIRA_Submission@OMB.EOP.GOV and (2) Treasury PRA Clearance Officer, 1750 Pennsylvania Ave. NW., Suite 8140, Washington, DC 20220, or email at PRA@treasury.gov. FOR FURTHER INFORMATION CONTACT: Copies of the submission(s) may be obtained by calling (202) 927–5331, email at PRA@treasury.gov, or the entire information collection request maybe found at www.reginfo.gov. Internal Revenue Service (IRS) OMB Number: 1545–1450. Type of Review: Extension without change of a currently approved collection. Title: FI–59–91 (Final), Debt Instructions with Originals Issue Discount; Contingent Payments; AntiAbuse Rule. Abstract: The regulations provide definitions, general rules, and reporting requirements for debt instruments that provide for contingent payments. The regulations also provide definitions, general rules, and recordkeeping requirements for integrated debt instruments. Affected Public: Private Sector: Businesses or other for-profits. PO 00000 Frm 00168 Fmt 4703 Sfmt 4703 Estimated Annual Burden Hours: 89,000. OMB Number: 1545–2232. Type of Review: Extension without change of a currently approved collection. Title: TD 9580 (REG–131491–10) Health Insurance Premium Tax Credit. Abstract: This document contains final regulations relating to the health insurance premium assistance credit enacted by the Patient Protection and Affordable Care Act (PPACA). The regulations provide guidance to individuals who claim the premium assistance credit and exchanges that make qualified health plans available to individuals and employers. Affected Public: Private Sector: Notfor-profit institutions. Estimated Annual Burden Hours: 250,000. Dawn D. Wolfgang, Treasury PRA Clearance Officer. [FR Doc. 2013–12772 Filed 5–29–13; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF THE TREASURY Bureau of the Fiscal Service Proposed Collection of Information: Final Rule—Management of Federal Agency Disbursements Bureau of the Fiscal Service, Fiscal Service, Treasury. ACTION: Notice and request for comments. AGENCY: The Bureau of the Fiscal Service, Fiscal Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection. By this notice, the Fiscal Service solicits comments concerning the ‘‘Final Rule—Management of Federal Agency Disbursements.’’ DATES: Written comments should be received on or before July 29, 2013. ADDRESSES: Direct all written comments to Fiscal Service, Records and Information Management Branch, Room 135, 3700 East West Highway, Hyattsville, Maryland 20782. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form(s) and instructions should be directed to Walt Henderson, Director, EFT Strategy Division, Room 303, Liberty Center Building, 401 14th Street SW., Washington, DC, 20227, (202) 874–6624. SUPPLEMENTARY INFORMATION: Pursuant to the Paperwork Reduction Act of 1995, SUMMARY: E:\FR\FM\30MYN1.SGM 30MYN1

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[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.

-----------------------------------------------------------------------

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: https://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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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
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