[Federal Register: July 6, 1999 (Volume 64, Number 128)] [Notices] [Page 36419-36420] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr06jy99-129] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 99-5604 Notice 1] Orion Bus Industries Inc.; Receipt of Application for Determination of Inconsequential Noncompliance Orion Bus Industries, Inc. (Orion) of Oriskany, New York, has applied to be exempted from the notification and remedy requirements of the 49 U.S.C. Chapter 301 ``Motor Vehicle Safety because of a noncompliance with Federal Motor Vehicle Safety Standard [[Page 36420]] (FMVSS) No. 205 Glazing Materials.'' The basis of the application is that the noncompliance is inconsequential to motor vehicle safety. Orion has filed an appropriate report pursuant to 49 CFR Part 573 ``Defect and Noncompliance Information Reports.'' This notice of receipt of an 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. Orion submitted the following information in accordance with the requirements of 49 CFR Part 556, ``Exemption for Inconsequential Defect or Noncompliance.'' Vehicles Involved Orion II, Orion V and Orion VI transit buses manufactured between January 17, 1996, and November 30, 1998, equipped with non-opening fixed glass windows. The serial numbers of the affected vehicles fall within the range: Orion II--005917 through 6058, Orion V--32516 through 34054 and Orion VI--40006 through 40315. Description of the Noncompliance Certain Orion II, Orion V, and Orion VI transit buses were equipped with fixed glass non-sliding windows which were not marked as required by S6 of FMVSS No. 205, specifically Section 6 of ANSI Z26 as incorporated by reference. They also were not marked with the symbol ``DOT'' or the manufacturer's code mark as required by S6.2 of FMVSS No. 205. The window glazing is marked with architectural code numbers by mistake. The windows meet the performance requirements of FMVSS No. 205. Number of Vehicles Five hundred and ten (510) vehicles as of November 30, 1998 potentially contain the noncompliance. Supporting Information Although the glazing does not meet the requirements of Section S6, FMVSS No. 205, the glazing has been tested and complies to AS-3, AS-2 and AS-1 of ANSI Z26.1 as required for the application. The window supplier has three different plant locations, two of which specialize in building-type windows and the third one in vehicle windows. Whenever the plant specializing in vehicle windows gets backed up with orders, the window supplier sends its excess orders, to one of the other plants for completion. The employee sandblasting the logos at one of the building glass plants did not realize this was motor vehicle glass and put architectural codes on all windows. There are a total of eighteen different parts numbers affected. The windows in question are used on both the curb side and road side of the bus as well as at the rear of the vehicle. On the curb side the windows are used in the front and rear doors as well as passenger windows. The door glass ranges in size from 6'' x 32'' to 18'' x 34'' and the side and rear passenger windows range from 18'' x 34'' to 34'' x 34''. The only front facing glass is used for destination signs and is a separate piece mounted above the front windshield. All windows in this application were purchased from Barber Glass Industries Inc., 485 Southgate Drive, Guelph, Ontario, Canada N1G 3W6, Phone 519-824-2399 and Fax 519-824-1493. (DOT 522 is its Manufacturer Identification Number). Orion argues that: Barber Glass has stated that if a person used the architectural codes sandblasted on the bus windows in error to go to a glass shop to replace a broken bus window the glass they would get would meet the required ANSI A26.1 safety glass requirements listed in FMVSS 205. They would not however, be able to match the window tint as vehicle windows use different vinyls for their tinting purposes and would have to specify automotive glass to get the matching window tints. Orion Bus Industries, Inc. believes that, based upon the above information, the noncompliance described above is inconsequential as it relates to motor vehicle safety. Interested persons are invited to submit written data, views and arguments on the petition of Orion, 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: August 5, 1999. (49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 49 CFR 501.8) Issued on: June 28, 1999. L. Robert Shelton, Associate Administrator for Safety Performance Standards. [FR Doc. 99-16956 Filed 7-2-99; 8:45 am] BILLING CODE 4910-59-P