| DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA 99-6024, Notice 1] RIN 2127-AH08
Federal Motor Vehicle Safety Standards; Glazing Materials; Low
Speed Vehicles
AGENCY: National Highway Traffic Safety Administration (NHTSA),
DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: We are proposing to update the Federal motor vehicle
safety standard on glazing materials so that it incorporates by
reference the 1996 version of the industry standard on motor vehicle
glazing. Currently, the Federal standard incorporates the 1977
version. The industry standard was issued by the American National
Standards Institute (ANSI). We are taking this action in response to a
petition from the American Automobile Manufacturers Association. In
addition, this proposal addresses a few issues not covered by the 1996
ANSI standard. Among these issues are limiting the size of the shade
band that glazing manufacturers place at the top of windshields, and
we seek comments on how to update the list of code marks or numbers we
assign to glazing manufacturers. This action also proposes minor
conforming amendments to our standard on low-speed vehicles.
DATES: You should submit your comments early enough to ensure that
Docket Management receives them not later than October 4, 1999. The
proposed effective date of the final rule is 45 days after its
publication in the Federal Register.
ADDRESSES: You should mention the docket number of this document in
your comments and submit your comments in writing to: Docket
Management, Room PL-401, 400 Seventh Street, S.W., Washington, D.C.,
20590. You may call Docket Management at 202-366-9324. You may visit
the Docket from 10:00 a.m. to 5:00 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT:
For non-legal issues, you may call John Lee, of the NHTSA Office of
Crashworthiness Standards at telephone (202) 366-2264, facsimile (202)
493-2739, electronic mail ``jlee@nhtsa.dot.gov''. For legal issues,
you may call Steve Wood of the NHTSA Office of Chief Counsel at
202-366-2992, facsimile (202) 366-3820.
You may send mail to both of these officials at National Highway
Traffic Safety Administration, 400 Seventh St., S.W., Washington,
D.C., 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background on Standard No. 205 and ANSI Z26.1 II. Benefits of
incorporating the 1996 version of ANSI Z26.1 A. Improved safety B.
Harmonization with foreign glazing standards C. Streamlining and
clarification III. Discussion of the proposed changes A. General
nature of the textual changes to ANSI Z26.1 B. Applicability of the
standard to vehicle manufacturers C. Meaning of ``most difficult part
or pattern'' for the fracture test D. Residual differences with
foreign standards E. Xenon light source for weathering test F.
Limiting the width of the shade band G. Conforming amendment to the
low-speed vehicle standard H. Verification of DOT Numbers
IV. Comments V. Proposed Effective Date VI. Plain Language VII.
Rulemaking Analyses
I. Background on Standard No. 205 and ANSI Z26.1
Federal Motor Vehicle Safety Standard No. 205, Glazing materials,
specifies requirements and test procedures for windows in motor
vehicles. However, most of the requirements and test procedures for
the standard are not within the Code of Federal Regulations. Instead,
Standard No. 205 incorporates by reference the requirements and test
procedures in the industry standard published by the American National
Standards Institute (ANSI). The industry standard is American National
Standard, Safety Code for Safety Glazing Materials for Glazing Motor
Vehicles Operating on Land Highways--ANSI Z26.1-1977). ANSI Z26.1
describes different types of glazing that may be used in motor
vehicles. These types, or ``items,'' of glazing are generally defined
by their ability to pass a specified set of tests.
<SUP>1</SUP> The set of tests that the glazing must pass
varies from item to item, based in part on the type of vehicle, and
location within that vehicle, for which the
[[Page 42331]]
glazing will be used. General descriptions of the material
typically used to meet an item's required tests, such as ``tempered
glass'' or ``rigid plastics,'' are sometimes listed in Standard No.
205 and ANSI Z26.1. However, any material that meets the tests for
Item ``X'' glazing can be certified as Item ``X'' glazing. The tests
are listed in a chart in the ANSI standard. The detailed test
procedures are also set forth there.
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\1\ Certain items of glazing are also defined according to their
construction characteristics. For example, item 1 glazing may be a
multiple glazed unit, which is more than one sheet of glazing in a
common mounting. Multiple glazed unit item 1 glazing needs to meet a
different set of tests than glazing that is not a multiple glazed
unit.
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The ANSI standard has been revised periodically by the Society of
Automotive Engineers (SAE) Glazing Committee, acting under the
sponsorship of ANSI. The Committee is composed of individuals
knowledgeable in the field of automotive glazing. Since the Federal
motor vehicle safety standards cannot be changed except through
rulemaking, revisions to the ANSI standard do not become part of
Standard No. 205 unless we conduct a rulemaking that expressly
identifies and incorporates them. The most recent revision we
incorporated into Standard No. 205 was ANSI Z26.1a-1980, which
supplemented the 1977 version. We incorporated it by a final rule
published on February 23, 1984 (49 FR 6732). SAE subsequently
petitioned us to upgrade ANSI Z26.1 with 1983 and 1990 revisions.
However, we denied those petitions. In addition to incorporating some
of the revisions of the ANSI standard, we have occasionally updated
Standard No. 205 directly by adding provisions similar or identical to
those in the revisions of the standard. Consequently, a person wanting
an overview of the federal glazing requirements has to read ANSI
Z26.1-1977, the 1980 ANSI supplement, and the text of Standard No. 205
in the Federal Register together. This rulemaking would simplify the
task by shortening the text in Standard No. 205 to a few paragraphs
that point the reader to outside publications (the 1996 ANSI Z26.1,
and occasionally SAE J100) and define the manufacturer's certification
and marking responsiblilities. If this proposal is issued as a final
rule, a review of ANSI Z26.1 would provide a single source of Federal
glazing requirements for most purposes. On August 12, 1997, the
American Automobile Manufacturers Association (AAMA) petitioned us to
amend Standard No. 205 ``Glazing Materials'' to incorporate the most
recent update of the ANSI standard (American National Standard for
Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle
Equipment Operating on Land Highways-- ANSI/SAE Z26.1-1996). On
January 2, 1998, we granted the AAMA's petition.
II. Benefits of Incorporating the 1996 Version of ANSI Z26.1
AAMA stated in its petition that incorporating ANSI Z26.1-1996
would improve safety, achieve international harmonization, streamline
and clarify Standard No. 205, and eliminate wire glass as an approved
safety glazing option. The following is a summary of the reasons why
we tentatively conclude that incorporating ANSI Z26.1-1996, instead of
ANSI Z26.1-1977 as supplemented by ANSI Z26.1 1980, would be
beneficial.
A. Improved Safety
ANSI Z26.1-1977 requires a fracture test (Test No. 7) of a 12 inch
square, flat sample of glazing. In contrast, ANSI Z26.1-1996 requires
the use of a full-size production piece of vehicle window glass. In
addition, 5.7.2 of ANSI Z26.1-1996 states that the specimens of
glazing selected for testing ``. . . shall be of the most difficult
part or pattern designation within the model number.'' This means the
portion of the glazing which we consider most likely to fail the test.
AAMA believes that ``[t]he new fracture test is both more stringent
and more field-relevant when compared to the fracture test currently
specified in Standard No. 205.'' ANSI Z26.1-1996 also improves safety
by eliminating wire glass as an approved glazing material. Wire glass
is flat-rolled glass reinforced with wire mesh. It is used mostly for
architectural applications (primarily for security and fire doors).
The wire mesh is intended to prevent objects from penetrating the
glass and to hold pieces of broken glass together. Wire glass has been
used in past automotive applications for theft protection, in prison
buses, and in the lower windows of emergency doors. In 1990, this
practice was discontinued. Today's more modern anti-theft glazing is
more appealing and safer than wire glass. Wire glass is known to
shatter more readily at lower impact speeds and is more lacerative
than laminated glass. Moreover, to our knowledge, no company currently
produces wire glass for motor vehicle use.
B. Harmonization With Foreign Glazing Standards
Incorporating ANSI Z26.1-1996 would improve harmonization between
U.S., Canadian, and European glazing standards in the following ways:
1. The test fixture for the impact, fracture and penetration
resistance tests (Tests 6, 7, 8, 9, 10, 11, 12, 13, 14 and 26) is
identical to the support frame required in Economic Commission for
Europe (ECE) regulation R43. 2. The equipment used for the abrasion
test (Tests 17 and 18) is similar to that used under ECE R43. 3. The
Weathering Test (Test 16) is similar to ISO Standard 3917, which
requires a xenon light source, rather than the carbon arc light source
currently specified in Standard No. 205. 4. The solvents specified in
the chemical resistance test (Test 20) have been revised to conform
with American Society for Testing and Materials (ASTM) and Occupant
Safety and Health Administration (OSHA) requirements. These are the
same chemicals specified in ECE R43. This will also result in
consistency with the NTTAA (National Technology Transfer Advancement
Act), which requires use of voluntary consensus standards unless such
use is infeasible or otherwise inconsistent with law. 5. Transport
Canada's Canadian Motor Vehicle Safety Standard 205 ``Glazing
Materials'' incorporates ANSI Z26.1-1990, which allows production
parts to be used for the fracture test. As explained above, ANSI
Z26.1-1977 only calls for the use of surrogate samples. By adopting
ANSI Z26.1-1996, we would achieve closer harmonization of Standard No.
205 and Canadian Standard No. 205.
C. Streamlining and Clarification
This proposed incorporation by reference of ANSI Z26.1-1996 would
permit the deletion of most of the existing text of Standard No. 205.
The amendments of the past 20 years have resulted in a patchwork of
requirements that must be read alongside the ANSI Z26.1 in order to
gain a comprehensive understanding of the overall requirements of
Standard No. 205. Adoption of this proposal would simplify Standard
No. 205, consistent with our's regulatory reform efforts.
III. Discussion of the Proposed Changes
A. General Nature of the Textual Changes to ANSI Z26.1
The principal difference between the two versions of the ANSI
standard is that the 1996 version contains provisions regarding new
types of glazing and other matters not in the 1977 version. In
general, the substantive differences between the 1977 and 1996
versions of ANSI Z26.1 are that the newer version includes new types
of glazing , e.g., items 4A, 11C, 12, 13, 14, 15A, 15B, 16A, and 16B.
Our substitution of the 1996 version for the 1977 version of the ANSI
[[Page 42332]]
standard would not, however, make many substantive changes to our
standard since our standard already contains most of those provisions.
We directly added them to our standard in various rulemaking
proceedings between 1977 and 1996 to supplement the 1977 version of
the ANSI standard. Thus, the practical effect of our incorporation by
reference of the 1996 ANSI standard is that it would enable us to
eliminate the language added by those amendments made to our standard
between 1977 and 1996. Z26.1-1996 also includes numerous editorial and
minor substantive changes made to be consistent with Standard No. 205
or to be internally consistent. Although these changes are too
numerous and too minor to warrant mention in this NPRM, we have listed
them in a table that we have submitted to the docket.
B. Applicability of the Standard to Vehicle Manufacturers
Standard No. 205 is often thought of as strictly an equipment
standard because the application section states that the standard
applies to glazing materials and not to vehicles. Further, the vehicle
manufacturer does not apply the ``DOT'' mark to certify compliance of
the glazing. Paragraph S6 specifies that the prime glazing
manufacturer or manufacturers or distributors who cut motor vehicle
glazing have the responsibility for certification and marking. We
require marking and certification of each piece of glazing because
motor vehicle glazing is often sold in the aftermarket, after the
vehicle manufacturer no longer controls it. However, our glazing
standard does not operate, and never has operated, strictly as an
equipment standard under the statute authorizing its issuance or under
other regulations implementing that statute. Vehicle manufacturers are
required by 49 USC 30115 and by 49 CFR 567.4 to certify that their
vehicles, including the glazing they contain, conform with all
applicable Federal motor vehicle safety standards, including Standard
No. 205. For example, it would be the vehicle manufacturer's sole
responsibility if it installed an otherwise conforming piece of
glazing in a location not permitted by Standard No. 205. Pursuant to
49 U.S.C. 30112(b)(2)(B), a vehicle manufacturer may rely on the
equipment manufacturer's certification, unless it knows that the
certification is false. However, the vehicle manufacturer still
retains ultimate responsibility for any recalls that may be required
in the event of a noncompliance with the glazing requirements,
according to 49 U.S.C. 30102(b)(1)(F) and (G). For consistency and
clarity, we propose to modify the applicability section of Standard
No. 205 to explicitly apply it to vehicles. Most of our other
standards that apply to separately marked motor vehicle equipment,
such as brake hoses and brake fluids, also explicitly apply to
vehicles.
C. Meaning of ``Most Difficult Part or Pattern'' for the Fracture
Test
The requirement for specimens to be tested for the fracture test in
5.7.2 of ANSI Z26.1-1996 states, ``The number of specimens selected
from each model number of glazing shall be six (6) and shall all be of
the most difficult part or pattern designation within the model
number.'' The phrase ``the most difficult part or pattern'' does not
specify the type of difficulty contemplated, nor does it explain how
we select the most difficult part or pattern in our compliance
testing. Nevertheless, we believe that the phrase ``the most difficult
part or pattern'' was intended to mean the part of the glazing that
provides for ``worst case'' testing. Normally, this would refer to the
portion of the glazing that is most curved, but it might mean another
part of the glazing that is not tempered properly or that is otherwise
more likely to fail. Although this language might seem subjective, in
fact it means that all portions of the glazing surface must be able to
pass the test requirements. If the glazing fails a test in a portion
we select in our compliance testing, then even if there were another
area where compliance would have been more ``difficult,'' by
definition the glazing would not pass at that location either. We have
made this interpretation explicit in the regulatory text of Standard
No. 205.
D. Residual Differences With Foreign Standards
Incorporating ANSI Z26.1-1996 in Standard No. 205 would not
eliminate all differences between Standard No. 205, Canadian Motor
Vehicle Safety Standard 205, and ECE R43. There would still be
differences in the tempered glass fracture test performance
requirements, the windshield luminous transmittance test requirement,
and the laminated windshield test samples for the optical and impact
tests. The differences are summarized in the following table:
------------------------------------------------------------------------
Test Difference
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Luminous Transmittance Test 2..... ANSI Z26.1 requires 70 percent
transmittance. ECE R43 requires 75 percent transmittance. Fracture
Test 7................... Standard No. 205 and Z26-1996 require
fragments to have a maximum allowable mass of 4.25g. ECE R43 requires
a minimum number of particles to be included in a 5 cm x 5 cm square.
Shot Bag Test 8................... ECE R43 does not have a shot bag
test. Dart Test 9, 10 & 11.............. R43 does not have a dart
test. Weathering Test 16................ ECE R43 requires a mercury
vapor arc lamp. ANSI Z26.1-1996 requires a xenon lamp. Current
Standard No. 205 and Canadian Standard No. 205 require a carbon arc
lamp. Wire Glass........................ Canadian Standard No. 205
allows wire glass to be used, while ANSI Z26.1-1996 does not.
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E. Xenon Light Source for Weathering Test
Laboratory-accelerated weathering tests are used to test the
durability of glazing materials by simulating the damaging effects of
sunlight over an extended period of time. The weathering tests are
used to identify materials that are more susceptible to sun damage,
such as rigid plastics, flexible plastics and glass-plastics (annealed
and tempered). The weathering test procedures of ANSI Z26.1-1977
simulate sunlight using a carbon arc lamp. Carbon arc technology was
developed in 1919 for the textile and printing industries. This is no
longer the best light source for simulating sunlight. The spectral
power distribution of carbon arc is unlike that of natural sunlight.
Narrow spikes of energy in the ultraviolet range of the
electromagnetic spectrum (wavelengths of 400 nm and below) can affect
how some materials will degrade. We tentatively conclude that a xenon
arc light source produces a spectral power distribution closer to that
of sunlight, but we request comment on that issue. We note that most
of the testing industry is currently using xenon-arc
[[Page 42333]]
lamp test devices to simulate weathering.
F. Limiting the Width of the Shade Band
ANSI Z26.1 requires most passenger car windows to pass a light
transmittance test that assures that they transmit 70 percent of the
incident light. However, the standard permits those parts of vehicle
glazing that are not needed for driving visibility to be tinted more
darkly. The most familiar location for those more darkly tinted areas
is the top several inches of the windshield. This area is typically
called a ``shade band.'' Since we need to be able, for the purposes of
compliance testing, to differentiate between those areas of a window
that are intended to meet the 70 percent transmittance requirement and
those areas that are not so intended, the limit of the shade band
needs to be marked on the glazing. Section 7 of ANSI Z26.1-1996
requires that if an area of glazing intentionally made with a luminous
transmittance less than 70 percent adjoins an area that has 70 percent
or more luminous transmittance, the former area must be permanently
marked at the edge to show the limits of the area that are supposed to
comply with the test. The markings have a line parallel to the edge of
the tinted area, and an arrow perpendicular to that line showing the
item number of the glazing in the direction of the arrow. For example,
with a marking (i.e., glazing that must meet the test), the direction
of the arrow indicates the portion of the material that complies with
transmittance requirement. A visibility requirement needs to be set to
establish boundaries for shade bands on glazed surfaces. The size of
the shade band is not explicitly defined by Standard No. 205. Even the
updated ANSI Z26.1- 1996 does not set boundaries for the area of
glazing that does not have to meet the 70 percent light transmittance.
Hypothetically, if the shade band covers 99 percent of the windshield
and has the proper markings, it would comply with ANSI Z26.1-1996 even
though the windshield needs to be clear for driving visibility.
Fortunately, an industry standard exists, SAE J100 ``Class ``A''
Vehicle Glazing Shade Bands.'' That standard is based on the eyellipse
of a 95th percentile male. The eyellipse is a statistical
representation of the 95th percentile male driver's eye positions in a
vehicle. That eyellipse is specified because it is the highest
eyellipse, and therefore is the eyellipse most likely to be blocked by
the shade band. The SAE J100 standard sets limits for the shade band
on the windshield, rear window and fixed side windows. Therefore, we
have modified Standard No. 205 to incorporate the June 1995 version of
SAE J100. We request comment on the appropriateness of SAE J100 and on
whether there are other, alternative industry standards we should
consider.
G. Conforming Amendment to the Low-speed Vehicle Standard
The standard needs to be updated to account for a new vehicle type.
On June 17, 1998, we published (63 FR 33194) a new standard for ``low
speed vehicles'' (49 CFR 571.500). The rule defines low speed vehicles
as a separate vehicle type, and S5(b)(8) of the rule specifies the use
of either AS-1 or AS-5 glazing for the windshield of these vehicles.
The rule also separately incorporates by reference the 1977/1980
version of ANSI Z26.1, rather than cross-referencing Standard No. 205.
Rather than separately proposing to update the incorporation by
reference of ANSI Z26.1 in Standard No. 500 and Standard No. 205, we
have decided that the specifications should appear only in Standard
No. 205. Accordingly, this notice proposes modifying S5(b)(8) of
Standard No. 500, to eliminate the incorporation by reference of ANSI
Z26.1 and any reference to the permitted types of glazing. Instead,
S5(b)(8) would simply state that low speed vehicles must have
windshield glazing that meets the specifications of Standard No. 205.
We have revised the applicability paragraph of Standard No. 205 to add
low speed vehicles to the list of vehicles to which the standard
applies. This will assure that manufacturers of glazing materials in
low speed vehicles certify compliance with Standard No. 205. In
addition, we propose adding a paragraph to the requirements specifying
the use of AS-1 or AS-4 glazing in the windshields of low speed
vehicles. This section is necessary because the descriptions of the
locations of glazing specified by the ANSI standard would not
otherwise allow for AS-5 glazing. We are also correcting a technical
error made when Standard No. 500 was issued. We are replacing AS-5
glazing with AS-4 glazing as a permitted glazing type in low speed
vehicles. AS-5 glazing has no light transmittance requirement, because
it is specified for locations not requisite for driving visibility.
Obviously, windshields are vital for driving visibility, so the
equivalent glazing with a light transmittance requirement, or AS-4
glazing, is what we intended to permit.
H. Verification of DOT Numbers
Paragraph S6.2 of Standard No. 205 requires that the prime glazing
manufacturer mark the glazing with, among other things, a
manufacturer's code mark. The mark is assigned by us upon the written
request of the manufacturer. We maintain a list of glazing
manufacturers and the marks assigned to them. One use of these code
marks (often referred to as a ``DOT number'') is during an enforcement
action to identify the manufacturer that produced a particular piece
of glazing. The SAE Glazing Standards Committee is concerned about the
accuracy of our Glazing Manufacturers list. Only 25 percent of the
manufacturers listed with DOT numbers are currently active, according
to the SAE. SAE further contends that some of the manufacturers have
gone out of business without notifying us and that many other
manufacturers have moved or merged. Moreover, SAE believes that some
of these DOT numbers are being improperly used. Therefore, we are
requesting comments on the need to verify the DOT numbers.
IV. Comments
How do I Prepare and Submit Comments?
Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments. Your comments must not be
more than 15 pages long. (49 CFR 553.21). We established this limit to
encourage you to write your primary comments in a concise fashion.
However, you may attach necessary additional documents to your
comments. There is no limit on the length of the attachments. Please
submit two copies of your comments, including the attachments, to
Docket Management at the address given above under ADDRESSES.
Electronic comment filings need only submit one copy of the document,
which must conform to the submission requirements given in the
electronic filing instructions at the DOT website (http:// dms.dot.gov).
Electronically submitted documents may be rejected if they are found
to be frivolous, abusive, and/or repetitious filings.
How Can I Be Sure That my Comments Were Received?
If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope
[[Page 42334]]
containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.
How Do I Submit Confidential Business Information?
If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address
given above under FOR FURTHER INFORMATION CONTACT. In addition, you
should submit two copies, from which you have deleted the claimed
confidential business information, to Docket Management at the address
given above under ADDRESSES. When you send a comment containing
information claimed to be confidential business information, you
should include a cover letter setting forth the information specified
in our confidential business information regulation. (49 CFR Part
512.)
Will We Consider Late Comments?
We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date. If Docket
Management receives a comment too late for us to consider it in
developing a final rule (assuming that one is issued), we will
consider that comment as an informal suggestion for future rulemaking
action.
How Can I Read the Comments Submitted by Other People?
You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are
indicated above in the same location. You may also see the comments on
the Internet. To read the comments on the Internet, take the following
steps: A. Go to the Docket Management System (DMS) Web page of the
Department of Transportation (http://dms.dot.gov/). B. On that page,
click on ``search.'' C. On the next page (http://dms.dot.gov/search/),
type in the four- digit docket number shown at the beginning of this
document. Example: If the docket number were ``NHTSA-1998-1234,'' you
would type ``1234.'' After typing the docket number, click on
``search.'' D. On the next page, which contains docket summary
information for the docket you selected, click on the desired
comments. You may download the comments. However, since the comments
are imaged documents, instead of word processing documents, the
downloaded comments are not word searchable. Please note that even
after the comment closing date, we will continue to file relevant
information in the Docket as it becomes available. Further, some
people may submit late comments. Accordingly, we recommend that you
periodically check the Docket for new material.
V. Proposed Effective Date
Since the purpose of the amendments is to clarify and consolidate
existing requirements and since we believe that the adoption of the
amendments would not impose any additional burden on any person, we
tentatively find for good cause that an effective date earlier than
180 days after issuance of a final rule would be in the public
interest. The proposed amendment would become effective 45 days after
publication.
VI. Plain Language
In accordance with the President's June 1, 1998 directive on
``Plain Language in government writing,'' we have rewritten or
reorganized portions of the regulatory text for clarity and
conformance to Plain Language practices. These include portions of the
regulatory text that are not being substantively changed by this rule.
For example, we have replaced passive verbs with active verbs,
replaced ``shall'' with ``must,'' and made explicitly clear who has
the responsibility for acting. Rewriting is especially apparent in the
certification and marking requirements of section 6. We eliminated the
marking requirement of former S6.1 because it is already incorporated
in section 7 of ANS Z26. We moved the definition of prime glazing
manufacturer in S6.1 into the S4 definitions section. To eliminate
redundancy, former S6.2 and S6.3 have been combined in S6.1, and
former S6.4 and S6.5 have been combined in S6.3. We do not intend by
this proposal to make any substantive changes in S6.
VII. Rulemaking Analyses
Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking action was not reviewed under Executive Order
12866. The rulemaking action is not significant under Department of
Transportation regulatory policies and procedures. The effect of the
rulemaking action would be to clarify existing requirements. It would
not impose any additional burden upon any person. Impacts of the
proposed rule are, therefore, so minimal that preparation of a full
regulatory evaluation is not warranted.
Regulatory Flexibility Act
We have considered the impacts of this rulemaking action in
relation to the Regulatory Flexibility Act (5 U.S.C. Sec. 601 et
seq.). I certify that this rulemaking action would not have a
significant economic impact upon a substantial number of small
entities. The following is our statement providing the factual basis
for the certification (5 U.S.C. Sec. 605(b)). The final rule affects
manufacturers of motor vehicles and motor vehicle glazing. According
to the size standards of the Small Business Association (at 13 CFR
Part 121.601), manufacturers of glazing are considered manufacturers
of ``Motor Vehicle Parts and Accessories'' (SIC Code 3714). The size
standard for SIC Code 3714 is 750 employees or fewer. The size
standard for manufacturers of ``Motor Vehicles and Passenger Car
Bodies'' (SIC Code 3711) is 1,000 employees or fewer. This NPRM would
have no significant economic impact of a small business in these
industries because, if made final, the rule would make no significant
substantive change to requirements currently specified in Standard No.
205. Small organizations and governmental jurisdictions that purchase
glazing would not be significantly affected because this rulemaking
should not cause price increases. Accordingly, we have not prepared a
Regulatory Flexibility Analysis.
Executive Order 12612 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612 on ``Federalism.'' We have
determined that the rulemaking action does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Civil Justice Reform
This rule would not have any retroactive effect. According to 49
U.S.C. 30103, whenever a Federal motor vehicle safety standard is in
effect, a state may not adopt or maintain a safety standard applicable
to the same aspect of performance which is not identical to the
Federal standard. 49 U.S.C. 30161 sets forth a procedure for judicial
review of final rules establishing, amending, or revoking Federal
motor vehicle safety standards. That section does not require
submission of a petition for reconsideration or other administrative
[[Page 42335]]
proceedings before parties may file suit in court.
List of Subjects in 49 CFR Part 571
Motor vehicle safety, Reporting and recordkeeping requirements,
Tires. In consideration of the foregoing, we propose that 49 CFR Part
571 be amended as follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
1. The authority citation for part 571 would continue to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
2. Section 571.205 would be amended by:
a. Revising paragraph S3, b. Amending paragraph S4 by adding a new
definition in alphabetical order, c. Revising paragraph S5.1.1, d.
Removing paragraphs S5.1.1.1 through S5.1.1.7, e. Revising paragraph
S5.1.2, f. Removing paragraphs S5.1.2.1 through S5.1.2.11, g. Revising
paragraph S5.2, h. Adding paragraph S5.3, i. Adding paragraph S5.4, j.
Revising paragraphs S6.1 through S6.3, k. Removing paragraphs S6.4 and
S6.5, and l. Removing Figure 1 at the end of the section.
The additions and revisions read as follows:
Sec. 571.205 Standard No. 205, Glazing materials.
* * * * * S3. Application. This standard applies to passenger cars,
multipurpose passenger vehicles, trucks, buses, motorcycles, slide-in
campers, pickup covers designed to carry persons while in motion, and
low speed vehicles and to glazing materials for use in those vehicles.
S4. Definitions. * * * Prime glazing manufacturer means a manufacturer
that fabricates, laminates, or tempers glazing materials. * * * * *
S5. Requirements.
S5.1 Materials.
S5.1.1 Glazing materials for use in motor vehicles must conform to
the October 1996 version of American National Standard Safety Code for
Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle
Equipment Operating on Land Highways, Z-26.1 (ANS Z26), unless this
standard provides otherwise. S5.1.2 NHTSA may test any portion of the
glazing when doing the fracture test (Test No. 7) described in section
5.7 of ANS Z26. S5.2 Edges. In vehicles except schoolbuses, the prime
glazing manufacturer must treat exposed edges of the glazing in
accordance with the August 1967 version of SAE Recommended Practice
J673a, ``Automotive Glazing.'' In schoolbuses, the vehicle
manufacturer must enclose exposed edges of the glazing in a channel.
S5.3 Shade bands. The portion of the glazing at the top of the
windshield, fixed side windows, and rear windows, as defined in
section 4 of the June 1995 version of SAE Recommended Practice J100,
is not required for driving visibility. S5.4 Low speed vehicles.
Windshields of low speed vehicles must meet the ANS Z26 specifications
for either AS-1 or AS-4 glazing. S6. Certification and marking. S6.1 A
prime glazing material manufacturer must certify, in accordance with
49 USC 30115, each piece of glazing material to which this standard
applies that is designed-- (a) As a component of any specific motor
vehicle or camper; or (b) To be cut into components for use in motor
vehicles or items of motor vehicle equipment. S6.2 A prime glazing
manufacturer certifies its glazing by adding to the marks required by
section 7 of ANS Z26, 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, 400 Seventh Street, S.W., Washington, DC 20590. The
request must include the company name, address, and a statement from
the manufacturer certifying its status as a prime glazing manufacturer
as defined in S4. 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 ANS Z26; and (b) Certify that its product complies
with this standard in accordance with 49 USC 30115. 3. Section 571.500
would be amended by revising paragraph (b)(8) of S5, to read as
follows:
Sec. 571.500 Standard No. 500; low speed vehicles.
* * * * * S5. Requirements * * * * * (b) * * * (8) A windshield
that conforms with the Federal Motor Vehicle Safety Standard on
glazing materials (49 CFR 571.205) * * * * * Issued on: July 28, 1999.
L. Robert Shelton, Associate Administrator for Safety Performance
Standards. [FR Doc. 99-19913 Filed 8-3-99; 8:45 am] BILLING CODE
4910-59-P
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