Notice2022-26507
Navistar, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 7, 2022
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Navistar, Inc., (Navistar), has determined that certain model year (MY) 2022-2023 IC Bus school and commercial buses do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. Navistar filed two noncompliance reports dated November 17, 2021. Navistar petitioned NHTSA on December 16, 2021, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of Navistar's petition.
Full Text
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<title>Federal Register, Volume 87 Issue 234 (Wednesday, December 7, 2022)</title>
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[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75135-75136]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26507]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0091; Notice 1]
Navistar, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: Navistar, Inc., (Navistar), has determined that certain model
year (MY) 2022-2023 IC Bus school and commercial buses do not fully
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 205,
Glazing Materials. Navistar filed two noncompliance reports dated
November 17, 2021. Navistar petitioned NHTSA on December 16, 2021, for
a decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This document announces receipt of
Navistar's petition.
DATES: Send comments on or before January 6, 2023.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and may be
submitted by any of the following methods:
<bullet> Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
<bullet> Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
<bullet> Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Follow the online instructions for submitting
comments.
<bullet> Comments may also be faxed to (202) 493-2251.
Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).
FOR FURTHER INFORMATION CONTACT: Jack Chern, General Engineer, NHTSA,
Office of Vehicle Safety Compliance, (202) 366-0661.
SUPPLEMENTARY INFORMATION:
I. Overview: Navistar determined that side window glazing supplied
by Custom Glass Solutions and installed on certain MY 2022-2023 IC Bus
school and commercial buses do not fully comply with paragraph S6.2 of
FMVSS No. 205, Glazing Materials (49 CFR 571.205).
Navistar filed an original noncompliance report dated November 17,
2021, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Navistar petitioned NHTSA on December 16,
2021, for an exemption from the notification and remedy requirements of
49 U.S.C. Chapter 301 on the basis that they believe this noncompliance
is inconsequential as it relates to motor vehicle safety, pursuant to
49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for
Inconsequential Defect or Noncompliance.
This notice of receipt of Navistar's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
another exercise of judgment concerning the merits of the petition.
II. Vehicles Involved: Approximately 1,289 MY 2022-2023 IC Bus CE
and EV school buses, manufactured between July 26, 2021, and October 7,
2021, and approximately 4 MY 2022 IC Bus CE commercial buses
manufactured between August 26, 2021, and September 14, 2021, are
potentially involved.
III. Noncompliance: Navistar explains that noncompliance is that
the two side pieces of the flat three-piece windshield installed in the
subject vehicles was incorrectly marked as ``AS2'' when it should have
been marked as ``AS1'' and therefore, does not comply with paragraph
S6.2 of FMVSS No. 205.
[[Page 75136]]
IV. Rule Requirements: Paragraph S6.2 of FMVSS No. 205 includes the
requirements relevant to this petition. A prime glazing manufacturer
marks its glazing with the AS number required by section 7 of ANSI/SAE
Z26.1-1996 (incorporated by reference, see Sec. 571.5).
V. Summary of Navistar's Petition: The following views and
arguments presented in this section, ``V. Summary of Navistar's
Petition,'' are the views and arguments provided by Navistar. They have
not been evaluated by the Agency and do not reflect the views of the
Agency. Navistar describes the subject noncompliance and contends that
the noncompliance is inconsequential as it relates to motor vehicle
safety.
Navistar explains that there is ``no potential safety consequence''
because the side window glass supplied by Custom Glass Solutions (CGS)
in the subject vehicles meets the AS1 requirements as specified by
FMVSS No. 205 even though it was incorrectly marked as AS2. Navistar
says that other than the incorrect marking, ``the material itself is
fully compliant to the standard.'' Navistar included with its petition
the test report confirming that the glazing material itself is actually
meeting the requirements of AS1 glazing, and that just the labeling was
incorrect.
Navistar says that despite the incorrect marking, ``the correct
part was sold and shipped to Navistar for use as windshields.''
According to Navistar, the subject noncompliance ``could not result in
the wrong replacement part ordered'' because the part is ordered using
``its unique part number and not the `M number' (which corresponds to
the glass construction from which the part is fabricated.''
Navistar concludes by stating its belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
and its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
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. Therefore, any decision on
this petition only applies to the subject vehicles that Navistar no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control.
(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022-26507 Filed 12-6-22; 8:45 am]
BILLING CODE 4910-59-P
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