[Federal Register Volume 64, Number 149 (Wednesday, August 4, 1999)]
[Proposed Rules]
[Pages 42330-42335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19913]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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. 1
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
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
