62346 Federal Register / Vol. 68, No. 212 / Monday, November 3, 2003 / Notices

Standard No. 101 Controls and will be installed on any vehicles that are level of safety is at least equal to that of Displays: (a) Substitution of the word not already so equipped. a non-exempted vehicle. ‘‘Brake’’ for the ECE warning symbol as In addition, the petitioner states that Notice of receipt of the application a marking for the brake failure indicator a vehicle identification number (VIN) was published on July 22, 2003, and an lamp; (b) replacement or conversion of plate must be affixed to the vehicles so opportunity afforded for comment (68 the speedometer to read in miles per that it is readable from outside the FR 43419). hour. driver’s windshield pillar, and a Standard No. 108 Lamps, Reflective reference and certification label must be The Motor Vehicle for Which a Devices and Associated Equipment: affixed to the edge of the driver’s side Temporary Exemption Is Sought Inspection of all vehicles and door or to the latch post nearest the Ford is the manufacturer of the replacement of noncompliant lighting driver to meet the requirements of 49 Lincoln Town Car. It plans to make this system components with U.S-model CFR Part 565. model available in a ‘‘Ballistic parts on vehicles that are not already so Lastly, the petitioner states that a Protection Series (BPS).’’ The Town Car equipped. certification label will be affixed to the BPS will be equipped with a windshield Standard No. 110 Tire Selection and driver’s side doorjamb to meet the that is 40.68 mm thick, as contrasted Rims: Installation of a tire information requirements of the vehicle certification with the standard Town Car’s placard. regulations in 49 CFR part 567. windshield of 4.9 mm thickness. The Standard No. 111 Rearview Mirror: Interested persons are invited to company related that ‘‘this thickness Inscription of the required warning submit comments on the petition and the associated heat transfer statement on the face of the passenger described above. Comments should refer properties are engineered to provide side rearview mirror. to the docket number and be submitted protection from impacts by certain rifle Standard No. 114 Theft Protection: to: Docket Management, Room PL–401, rounds * * *.’’ Ford does not envision Installation of a key warning buzzer, or 400 Seventh St., SW., Washington, DC producing more than 300 Town Car BPS reprogramming of the key lock system 20590 (docket hours are from 9 a.m. to Series in any calendar year. with U.S.-version software information 5 p.m.). It is requested but not required to achieve compliance with the that 10 copies be submitted. How the Town Car BPS Fails To standard. All comments received before the Comply With FMVSS No. 103 Standard No. 118 Power Window close of business on the closing date Paragraph S4.2 of FMVSS No. 103 Systems: Inspection of all vehicles and indicated above will be considered, and establishes defrosting requirements for installation, on vehicles that are not will be available for examination in the passenger car windshields. Ford related already so equipped, of a relay that will docket at the above address both before that ‘‘At this time clearance of the prevent the window transport from and after that date. To the extent windshield in the time required under operating when the ignition is in the possible, comments filed after the FMVSS 103 S4.2 can only be met with ‘‘off’’ position. closing date will also be considered. the usage of the washer fluid.’’ It is also Standard No. 208 Occupant Crash Notice of final action on the petition necessary to use the windshield wipers Protection: (a) Installation of a seat belt will be published in the Federal in conjunction with washer fluid in warning buzzer, wired to the seat belt Register pursuant to the authority order to clear the windshield.1 micro switch; (b) inspection of all indicated below. Arguments Presented by Ford vehicles and installation of U.S.-model Authority: 49 U.S.C. 30141(a)(1)(A) and seat belts, driver’s and passenger’s air Demonstrating That the Town Car BPS (b)(1); 49 CFR 593.8; delegations of authority Provides an Overall Level of Safety at bags, knee bolsters, control unit, and at 49 CFR 1.50 and 501.8. Least Equal to a Non-Exempted Motor sensors on vehicles that are not already Issued on: October 8, 2003. so equipped. The petitioner states that Vehicle Kenneth N. Weinstein, the vehicles should be equipped with Associate Administrator for Enforcement. To maximize the defroster combination lap and shoulder belts at performance, the special windshield of [FR Doc. 03–27505 Filed 10–31–03; 8:45 am] the front and rear outboard seating the BPS is equipped with an embedded positions that are self-tensioning and BILLING CODE 4910–59–P electrical grid. Ford’s laboratory tests released by means of a single red push show that the windshield can, in fact, be button, and with a lap belt in the rear DEPARTMENT OF TRANSPORTATION cleared within the time required by S4.2 center seating position. ‘‘by using both the defroster (including Standard No. 214 Side Impact National Highway Traffic Safety the hot air system and the embedded Protection: Inspection of all vehicles Administration electrical grid in the windshield) and and installation of U.S.-model door the windshield washer system.’’ Ford beams on vehicles that are not already conducted a test on March 19, 2003, and [Docket No. NHTSA–03–15687; Notice 2] so equipped. reported use of the solvent and the Standard No. 225 Child Restraint Ford Motor Company; Grant of defroster cleared 100% of Zones A and Anchorage Systems: Installation of U.S.- Application for Temporary Exemption C in 20 minutes. It advised that ‘‘The model tether anchorages. From Federal Motor Vehicle Safety information provided with the vehicle Standard No. 301 Fuel System Standard No. 103 will advise the vehicle operator to use Integrity: Inspection of all vehicles and the combined approach in defrosting the replacement of the filler neck (including We are granting the application by windshield.’’ However, Ford anticipates restrictor) and the filler cap with U.S.- Ford Motor Company (‘‘Ford’’) of that these special purpose vehicles are model components on vehicles that are Dearborn, Michigan, for a temporary more likely to be garaged than parked in not already so equipped. exemption from Motor Vehicle Safety the open, and that the need to operate Petitioner states that all vehicles must Standard (FMVSS) No. 103, Defrosting the defroster system will be minimal. be inspected for compliance with the and Defogging Systems. Ford asserted Bumper Standard found in 49 CFR part that compliance would prevent it from 1 This is permissible under S4.3(d) of FMVSS No. 581, and that U.S.-model components selling a motor vehicle whose overall 103.

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Arguments Presented by Ford as to overnight. Considering Ford’s argument argument that an exemption would be Why a Temporary Exemption Would Be that the special-purpose BPS is likely to in the public interest. in the Public Interest and Consistent be garaged rather than parked in the In consideration of the foregoing, we With Objectives of Motor Vehicle Safety open, the likelihood of frost formation hereby find that to require compliance with S4.2 of Standard No. 103 would The windshield of the Lincoln Town on the BPS windshield is less than that on the windshield of a car that is not prevent the applicant from selling a Car BPS differs from those of armored parked overnight in a garage. motor vehicle whose overall level of vehicles produced by other Section 4.2 of FMVSS No. 103 safety is at least equal to that of a non- manufacturers in that it will provide ‘‘a requires that certain windshield areas be exempted vehicle, and that a temporary bullet resistant environment against rifle defrosted in a compliance test, as set exemption is in the public interest and level threats,’’ as contrasted with forth in SAE Recommended Practice consistent with objectives of motor ‘‘handgun level’’ threats. According to J902, ‘‘Passenger Car Windshield vehicle safety. Accordingly, Ford Motor Ford, ‘‘Customers, including certain Defrosting Systems,’’ August 1964, Company is hereby granted NHTSA agencies of the U.S. Government, have incorporated by reference. They are Temporary Exemption No. EX 03–3 expressed a need for vehicles with this called the ‘‘critical area’’ and ‘‘entire from Paragraph S4.2 of 49 CFR 571.103, level of protection for vehicle windshield.’’ Paragraph S4.2 of Standard No. 103, ‘‘Windshield occupants.’’ Ford argued that its product Standard No. 103 defines ‘‘critical area’’ Defrosting and Defogging Systems.’’ The will enhance the safety ‘‘for those as Area C and ‘‘entire windshield’’ as exemption covers only the Lincoln individuals that are either government Area A. After 20 minutes of the test, Town Car Ballistic Protection Series officials or certain other high profile conducted with the defroster system (BPS) and expires on September 1, 2005. individuals that are at a higher level of ‘‘on full’’ and the blower ‘‘on high,’’ risk for terrorist attacks or assassination Authority: 49 U.S.C. 30113; delegation of Area C must be at least 80 percent authority at 49 CFR 1.50. attempts.’’ Orders have already been defrosted and, after 40 minutes, the Issued on: October 28, 2003. placed by the General Services ‘‘entire windshield’’ shall be at least 95 Administration (GSA) on behalf of two percent defrosted. Ford has not Jeffrey W. Runge, government entities. To emphasize the quantified the extent of its Administrator. minimal nature of the noncompliance, noncompliance using the defroster [FR Doc. 03–27506 Filed 10–31–03; 8:45 am] Ford enclosed a copy of its test report system alone. However, both Area C and BILLING CODE 4910–59–P indicating passage of S4.2 using washer Area A on the BPS windshield are 100% fluid, which has been placed in the defrosted in 20 minutes with the docket. assistance of the windshield washer DEPARTMENT OF TRANSPORTATION Public Comment Received system. The petition indicates that Surface Transportation Board solvent was not applied for the full 20 We received one anonymous minutes, which would raise the [STB Finance Docket No. 34417] comment which recommended that the question of capacity of the washer petition be denied. In the commenter’s system, but only for a limited period. Union Pacific Railroad Company— view, if the petition is granted, the Ford’s Engineering Test Report noted Trackage Rights Exemption—The commenter should also be allowed to that a ‘‘Breakthrough occurred at 12 Burlington Northern and Santa Fe drive a nonconforming (imported) minutes and 15 seconds, 15 seconds Railway Company vehicle whose overall level of safety is after washer solvent was squirted.’’ The Burlington Northern and Santa Fe at least equal to that of a nonexempted Although Ford did not present these test Railway Company (BNSF), pursuant to vehicle. The comment did not address results specifically as a safety equivalent a written trackage rights agreement the merits of the petition and we have argument, we note that use of the entered into between BNSF and Union not considered it relevant in our washer system simultaneously with the Pacific Railroad Company (UP), has decision to grant Ford’s request. defroster system not only resulted in agreed to grant local trackage rights to Our Findings in Granting Ford’s compliance with the minimum UP over a BNSF line of railroad between Application performance requirements of Standard BNSF milepost 114.5 and BNSF No. 103 but also resulted in a quicker milepost 117.0 near Endicott, NE, a Ford has requested a temporary clearance of the windshield than the distance of approximately 2.5-miles.1 exemption from a Federal motor vehicle standard requires. In short, an overall Although UP indicates that the safety standard that is intended to assist level of safety that may be considered at transaction was scheduled to be a vehicle operator in avoiding a crash. least equal to that of a nonexempted consummated on October 20, 2003, the Therefore, it is especially important that motor vehicle. earliest the transaction could be we consider the possible effect on safety Ford’s public interest argument is that of such an exemption. the level of protection provided by the 1 UP submits that the trackage rights are only Standard No. 103 is, in effect, a de- Town Car BPS is one that is needed for temporary rights, but, because they are ‘‘local’’ icing standard rather than a defrosting the protection of government or high rather than ‘‘overhead’’ rights, the do not qualify for standard. To provide more uniform and profile individuals who are potential the Board’s new class exemption for temporary trackage rights at 49 CFR 1180.2(d)(8). See Railroad repeatable test results, the SAE specifies targets for terrorist attacks or Consolidation Procedures—Exemption for that a coating of ice be applied to the assassination attempts. We concur and Temporary Trackage Rights, STB Ex Parte No. 282 windshield before the test begins. The note that the vehicle will afford the (Sub-No. 20) (STB served May 23, 2003). Therefore, SAE notes (Paragraph 1, SAE same protection to the driver as it does UP and BNSF concurrently have filed a petition for partial revocation of this exemption in STB Finance Recommended Practice J902a to the passenger. It is critical to safety Docket No. 34417 (Sub-No. 1), Union Pacific ‘‘Passenger Car Windshield Defrosting that the operator of a vehicle under Railroad Company—Trackage Rights Exemption— Systems,’’ March 1967) that ‘‘The time attack, which may be speeding to avoid The Burlington Northern and Santa Fe Railway element for ice removal, therefore, is danger, be uninjured and in control of Company, wherein UP and BNSF request that the Board permit the proposed local trackage rights longer than that required to remove the vehicle. The fact that the GSA has arrangement described in the present proceeding to frost, which is the prime purpose of the ordered BPS vehicles on behalf of two expire on October 15, 2004. That petition will be defroster system.’’ Frost generally forms U.S. government agencies enhances the addressed by the Board in a separate decision.

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