[Federal Register: June 3, 2002 (Volume 67, Number 106)]
[Notices]               
[Page 38315]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn02-92]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-12319 Notice 1]

 
Guardian Industries Corporation; Receipt of Application for 
Determination of Inconsequential Non-Compliance

    Guardian Industries Corporation, (Guardian) of Auburn Hills, 
Michigan has applied to be exempted from the notification and remedy 
requirements of the 49 U.S.C. Chapter 301 ``Motor Vehicle Safety'' for 
noncompliance with Federal Motor Vehicle Safety Standard (FMVSS) No. 
205 ``Glazing Materials,'' on the basis that the noncompliance is 
inconsequential to motor vehicle safety. Guardian has filed a report of 
noncompliance pursuant to 49 CFR part 573, ``Defect and Noncompliance 
Information Reports.''
    This notice of receipt of the application is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgement concerning the merits of the application. 
See 49 U.S.C. 30118(d) and 30120(h).
    Guardian submitted the following information in accordance with the 
requirements of 49 CFR part 556, ``Exemption for Inconsequential Defect 
or Noncompliance.''

Description of the Noncompliance

    Guardian has determined that 11,562 tempered glass sunroof parts 
manufactured between November 2000 and February 2001, do not meet the 
labeling requirements of paragraph S6 of FMVSS No. 205, ``Glazing 
Materials,'' specifically Section 6 of ANSI Z26 as incorporated by 
reference. They were not marked with the correct model number. The 
parts were marked with the manufacturer's model number M-934, which 
corresponds to a tempered glass with 4.0 mm nominal thickness. The 
correct manufacturer's model number, should have been M-937, which is 
tempered glass with a 5.0 mm nominal thickness.

Information Supporting the Application

    Guardian submitted a test report indicating the tempered glass 
parts were in full compliance with 49 CFR 571.205 except that the parts 
were affixed with the incorrect manufacturer's model number. The 
noncompliance was discovered during a routine in-house quality control 
inspection.
    Guardian asserts that the noncompliance reported herein 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 not the ``M 
number'' (which corresponds to the glass construction from which the 
part is fabricated).
    Interested persons are invited to submit written data, views and 
arguments on the petition of Guardian, described above. Comments should 
refer to the Docket Number and be submitted to: Docket Management, Room 
PL 401, 400 Seventh Street, SW., Washington, DC 20590. It is requested 
that two copies be submitted.
    All comments received before the close of business on the closing 
date, indicated below will be considered. The application and 
supporting materials, and all comments received after the closing date, 
will also be filed and will be considered to the extent practicable. 
When the application is granted or denied, the Notice will be published 
in the Federal Register pursuant to the authority indicated below.
    Comment closing date: July 3, 2002.

(49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 
49 CFR 501.8)

    Issued on: May 23, 2002.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 02-13754 Filed 5-31-02; 8:45 am]
BILLING CODE 4910-59-P