[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Proposed Rules]
[Pages 37477-37521]
[FR Doc No: 2012-14996]

Vol. 77

Thursday,

No. 120

June 21, 2012

Part II

Department of Transportation

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National Highway Traffic Safety Administration

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49 CFR Part 571

Federal Motor Vehicle Safety Standards; Glazing Materials; Proposed
Rule

Federal Register / Vol. 77 , No. 120 / Thursday, June 21, 2012 /
Proposed Rules

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2012-0083]
RIN 2127-AL03

Federal Motor Vehicle Safety Standards; Glazing Materials

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: NHTSA is issuing this NPRM as part of the agency's ongoing
effort to harmonize vehicle safety standards under the Economic
Commission for Europe 1998 Agreement. Following a vote in favor of
establishing a global technical regulation (GTR) on automotive glazing,
we are initiating the process for considering adoption of the GTR. The
changes proposed in this NPRM to the Federal motor vehicle safety
standard on glazing materials would better harmonize U.S. regulatory
requirements with those of other industrialized countries, by
modernizing the test procedures for tempered glass, laminated glass,
and glass-plastic glazing used in front and rear windshields and side
windows.
    We believe that most of the changes in this proposal would
constitute minor amendments that would harmonize differing measurements
and performance requirements for similar test procedures. Many of the
tests in the GTR are substantially similar to tests currently included
in Federal Motor Vehicle Safety Standard No. 205. We believe that the
most significant improvements proposed in the GTR include an upgraded
fragmentation test designed to better test the tempering of curved
tempered glass, and a new procedure for testing an optical property of
the windshield at the angle of installation, to better reflect real
world driving conditions than the current procedure used in Standard
No. 205. Comments are requested on whether these and the other
provisions of the GTR are suited for adoption into the Federal glazing
standard.

DATES: Comments to this proposal must be received on or before August
20, 2012.

ADDRESSES: You may submit comments, identified by the docket number in
the heading of this document, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments on
the electronic docket site by clicking on ``Help'' or ``FAQ.''
     Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, 1200 New
Jersey Avenue SE., West Building, Ground Floor, Room W12-140, between 9
a.m. and 5 p.m. Eastern Time, Monday through Friday, except Federal
holidays.
     Fax:<PHONE_NUMBER>.
    Regardless of how you submit comments, you should mention the
docket number of this document.
    You may call the Docket Management Facility at<PHONE_NUMBER>.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the SUPPLEMENTARY INFORMATION section of this
document. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://www.dot.gov/privacy.html.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov, or the street
address listed above. Follow the online instructions for accessing the
dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical issues: Ms. Gayle Dalrymple, Office of Rulemaking,
National Highway Traffic Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590. Email<EMAIL_ADDRESS>Telephone:
(202) 366-5559. For legal issues: Mr. Thomas Healy, Office of the Chief
Counsel, Vehicle Safety Standards & Harmonization Division, National
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Email<EMAIL_ADDRESS>Telephone: (202)
366-7161.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Background
    1. 1998 Agreement
    2. Public Participation in Development of a GTR
    3. Objective of Safety Glazing GTR
    4. Public Participation in Development of Glazing GTR
III. Overview of Pertinent FMVSS No. 205 Provisions
IV. Proposed Changes to FMVSS No. 205
    1. Radiation (Light Stability) Test
    2. Luminous Transmittance Level
    3. Humidity and High Temperature Resistance Tests
    4. Half Pound Ball Drop--Tempered Glass
    5. Fracture Test
    6. Shot Bag and Dart Drop Tests
    7. Half Pound Ball Drop Test--Laminated Glass
    8. Weathering Test
    9. Abrasion Resistance
    10. Visual Distortion
    11. Chemical Resistance, Flammability and Change in Temperature
Tests
    12. Penetration Resistance
    13. Optional Strength Test
V. Differences Between GTR and Agency Proposal
VI. Proposed Compliance Date
VII. Regulatory Notices and Analyses
VIII. Public Participation

I. Executive Summary

    Performance requirements for glazing materials used in motor
vehicles in the U.S. are currently governed by Federal Motor Vehicle
Safety Standard (FMVSS) No. 205, Glazing Materials (49 CFR 571.205).
FMVSS No. 205 applies to windshields, windows, and interior partitions
for use in motor vehicles. FMVSS No. 205 was established in the late
1960s to ensure safe driver visibility and to reduce the likelihood of
occupant ejection and injury as a result of contact with glazing
materials.
    The revisions to FMVSS No. 205 proposed today are part of the
agency's ongoing efforts to seek to harmonize vehicle safety standards
under the United Nations/Economic Commission for Europe (UN/ECE) \1\
Agreement Concerning the Establishing of Global Technical Regulations
for Wheeled Vehicles, Equipment and Parts Which Can Be Fitted And/or Be
Used on Wheeled Vehicles (the ``1998 Agreement''), to which the U.S. is
a Contracting Party.\2\ In 2008, the U.S.

voted in favor of establishing the glazing GTR. Background information
on the 1998 Agreement and on the development of this GTR is discussed
in the next section of this preamble.
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    \1\ The Economic Commission for Europe was established by the
United Nations in 1947 to help rebuild post-war Europe, develop
economic activity and strengthen economic relations between European
countries and between European countries and the other countries of
the world.
    \2\ The 1998 Agreement was concluded under the auspices of the
United Nations and provides for the establishment of globally
harmonized vehicle regulations. This Agreement, whose conclusion was
spearheaded by the United States, entered into force in 2000 and is
administered by the UN Economic Commission for Europe's World Forum
for the Harmonization of Vehicle Regulations (WP.29).
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    As an FMVSS, this proposal is subject to the requirements of the
National Highway and Motor Vehicle Safety Act which states that NHTSA
``shall prescribe motor vehicle safety standards.'' \3\ 49 U.S.C.
30111. Standards issued under the National Highway and Motor Vehicle
Safety Act ``shall be practicable, meet the need for motor vehicle
safety, and be stated in objective terms.'' Id.
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    \3\ The Secretary of Transportation has delegated the authority
to issue safety standards to NHTSA. 49 CFR 1.50.
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    NHTSA's policies in implementing the 1998 Agreement are published
in 49 CFR part 553, Appendix C, ``Statement of Policy: Implementation
of the United Nations/Economic Commission for Europe (UN/ECE) 1998
Agreement on Global Technical Regulations--Agency Policy Goals and
Public Participation.'' NHTSA's paramount policy goal under the 1998
Agreement is to ``[c]ontinuously improve safety and seek high levels of
safety, particularly by developing and adopting new global technical
regulations reflecting consideration of current and anticipated
technology and safety problems.'' Id.
    We believe that the changes proposed today to FMVSS No. 205 would
modernize the standard's test procedures for tempered glass, laminated
glass, and glass-plastic glazing used in front and rear windshields and
side windows, to better reflect real world conditions and eliminate
redundant and unnecessary testing. Most of the changes in this proposal
amount to minor amendments that would harmonize differing measurements
and performance requirements for similar test procedures. Many of the
tests in the GTR are substantially similar to tests currently included
in FMVSS No. 205.
    The GTR has four sets of tests and requirements for mechanical
properties: a fragmentation test, a 227 gram (g) steel ball impact
test, a 2.26 kilogram (kg) steel ball impact test, and a 10 kg headform
impact test.\4\ Each of the first three of these tests was adopted from
widely used procedures currently in effect, with small differences, in
all three national regulations examined for this GTR (European,
Japanese, and U.S. safety regulations). Three types of optical
qualities are addressed in the GTR: light transmission; optical
distortion; and double imaging. The main differences between the
European, Japanese, and U.S. standards and regulations examined were
not the performance requirements but the test procedures. The GTR
resolves those differences. The GTR also includes environmental
resistance requirements related to temperature change, fire, chemical
resistance, abrasion, radiation, high temperature and humidity. The
first four of these were common to all the examined regulations. The
remaining three requirements had minor differences, which the GTR
resolves.
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    \4\ The 10 kg headform test is an optional requirement in the
GTR. Each Contracting Party to the 1998 Agreement can decide whether
to apply this provision to national/regional law.
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    We believe that the most significant improvements proposed in the
GTR include an upgraded fragmentation test designed to better test the
tempering of curved tempered glass, and a new procedure for testing an
optical property of the windshield at the angle of installation, to
better reflect real world driving conditions than the procedure now
used in FMVSS No. 205. We are not currently proposing to adopt the
headform test because we do not believe that the headform test would
provide any additional safety benefits beyond the other penetration
resistance test included in the GTR.
    Although most of the proposed changes are minor, we anticipate many
positive effects from the GTR. As a general matter, vehicle
manufacturers, and ultimately, consumers, both here and abroad, can
expect to achieve cost savings through the formal harmonization of
differing sets of standards when the Contracting Parties to the 1998
Agreement implement the new GTR. Formal harmonization also improves
safety by assisting us in adopting best safety practices from around
the world and identifying and reducing unwarranted regulatory
requirements. The harmonization process also allows manufacturers to
focus their compliance and safety resources on glazing regulations
whose differences government experts have worked to converge as
narrowly as possible. Compliance with a single standard will enhance
design flexibility and allow manufacturers to design vehicles that
better meet safety standards, resulting in safer vehicles. Further, we
support the harmonization process because it allows the agency to
leverage scarce resources by consulting with other governing bodies and
international experts to share data and knowledge in developing
modernized testing and performance standards that enhance safety.
    We are unable to quantify the exact impacts of this proposal
because we do not know how many glazing manufacturers are currently
testing to multiple national glazing standards. Those currently test to
multiple standards will experience a net decrease in testing costs. We
estimate that those glazing manufacturers that currently only test to
the requirements in FMVSS No. 205 will experience an increase in
testing costs of $1,900 to $2,100. We do not believe that the economic
impacts of this proposal would be greater than $0.009 to $0.01 per
vehicle for a new make and model based on the possible increase in
testing costs of $1,900 to $2,100 divided by an average vehicle design
lifetime sales of 210,000.

II. Background

1. 1998 Agreement

    On June 25, 1998, the U.S. became the first signatory to the 1998
Agreement. This agreement was negotiated under the auspices of the UN/
ECE under the leadership of the U.S., the European Community (EC) and
Japan. The 1998 Agreement provides for the establishment of GTRs
regarding the safety, emissions, energy conservation and theft
prevention of wheeled vehicles, equipment and parts. The 1998 Agreement
entered into force on August 25, 2000.
    By establishing GTRs under the 1998 Agreement, the Contracting
Parties seek to develop harmonization in motor vehicle regulations at
the regional and national levels.\5\ Under the 1998 Agreement,
countries voting ``yes'' on a GTR agree to begin their processes for
adopting the provisions of the GTR, e.g., in the U.S., to issue an NPRM
or advance NPRM. However, as to whether the GTR should ultimately be
adopted, the Agreement recognizes that governments should have that
authority to determine whether the GTR meets their safety needs.
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    \5\ Nongovernmental organizations may also participate in a
consultative capacity in WP.29 and its subsidiary bodies.
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    The UN/ECE World Forum for Harmonization of Vehicle Regulations
(WP.29) administers the 1998 Agreement. Four committees coordinate the
activities of WP.29: AC.2 manages the coordination of work of WP.29,
while AC.3 is the ``Executive Committee'' for the 1998 Agreement. There
are also 6 permanent subsidiary bodies of WP.29, known as GRs (Groups
of Rapporteurs) that assist WP.29 in researching, analyzing and
developing technical regulations. One of the GRs is the ``Working Party
on General Safety Provisions'' (GRSG), to which WP.29

referred the glazing GTR for the preparation of technical
recommendations.

2. Public Participation in Development of a GTR

    NHTSA has established policies for ensuring public participation at
all stages of the GTR process.\6\
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    \6\ 49 CFR part 553, App. C (describing the agency's procedures
for ensuring public participation in the GTR process).
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    Before submitting a draft proposal for a GTR to WP.29, NHTSA will
publish a notice soliciting comment on the draft. If there is a
proposal from a Contracting Party other than the U.S., after the
proposal has been referred to a GR and has been made available in
English by WP.29, NHTSA will make the draft proposal available in the
DOT docket and will publish a notice requesting comment on the draft
proposal. The agency will consider the comments in developing the U.S.
position on the proposal.
    If a GR recommends a draft GTR to the AC.3 concerning potential
establishment of the GTR, NHTSA will make the recommended GTR available
in the docket after it is made available by WP.29 and will request
comment on the document. Before participating in a vote of the
Executive Committee regarding the establishment of the GTR, NHTSA will
consider the comments and develop a U.S. position on the recommended
GTR.
    It is important to emphasize that, in the event the U.S. votes
``yes'' for establishment of a GTR, we will seek and consider public
comments on the suitability of the GTR as an FMVSS. Under the GTR
process, countries voting ``yes'' on a GTR have only agreed to begin
their processes for rulemaking on the GTR. Under our procedures,\7\
NHTSA will publish a notice requesting public comment on adopting the
regulation as a U.S. standard. Any decision by NHTSA as to whether to
issue a final rule on adopting the regulation will be made in
accordance with applicable U.S. law, after careful consideration of
public comments.\8\ NHTSA's decision as to whether to adopt a GTR as a
Federal motor vehicle safety standard is governed by the procedures for
informal rulemaking of the Administrative Procedure Act, \9\ the
National Traffic and Motor Vehicle Safety Act, \10\ and NHTSA's
rulemaking regulations (49 CFR Part 553, Rulemaking Procedures).
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    \7\ Id.
    \8\ The GTR process leaves it up to NHTSA to decide the
appropriate next step in the rulemaking process, after receiving and
considering the comments we received. NHTSA may issue a final rule
adopting the regulation, a supplemental NPRM, or a notice
terminating the rulemaking action. 49 CFR Part 553, App. C.
    \9\ 5 U.S.C. 553.
    \10\ 49 U.S.C. 30111 et seq.
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3. Objective of Safety Glazing GTR

    In October 2002, WP.29 adopted the 1998 Global Agreement Programme
of Work (agreed upon subjects for which GTRs should be developed),
which included safety glazing, and created an informal working group to
draft the glazing GTR under the Chairmanship of Germany. The working
group consisted of automotive glazing experts from governmental
administrations, technical services, glass industry and automotive
organizations from different countries worldwide.
    The objective of the group was to develop an internationally
harmonized standard regarding the safety of glass automotive glazing
materials. The group developed the GTR based on the requirements in UN/
ECE Regulation No. 43, American National Standards Institute (ANSI)
Standard Z26.1, and the Japanese Industrial Standard. The scope of the
glazing GTR was restricted to glass safety glazing; other materials,
such as plastics, were excluded from this GTR's consideration.
    The GTR includes requirements and tests to ensure that the
mechanical properties, optical qualities and environmental resistance
of glazing are satisfactory. It does not include type approval, plastic
glazing, bullet resistance glazing and installation requirements. These
subjects were left to the discretion of the Contracting Parties. The
informal group determined not to include installation requirements in
the GTR because existing national or regional regulations or
legislation covering installation requirements differ significantly.
For instance, the requirements for light transmission levels in glazing
installed in rearward vision areas vary widely. The informal working
group suggested, and AC.3 agreed, that adding an installation
requirement into the GTR should be postponed, as it would lengthen the
development time for the GTR.
    Marking requirements were also not included in the GTR. Existing
national or regional regulations specify marking requirements that
usually relate to 3 categories: (1) The type of material, (2)
identification of the manufacturer, and/or (3) the regulations/
legislation the glazing meets. Responding to suggestions from the
informal group, AC.3 agreed that the GTR would only consider the
possibility to include markings for the ``type of material'' in the
GTR.\11\
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    \11\ The European Commission later submitted a proposal
concerning markings for GTRs in general, at the one-hundred-and-
fortieth session of WP.29 in November 2006. As this proposal would
be discussed at later sessions of WP.29, only markings concerning
the type of material are included in this GTR.
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4. Public Participation in Development of Glazing GTR

    In October 2004, in accordance with the agency's procedures for
considering GTRs,\12\ NHTSA docketed the draft GTR addressing glazing
proposed by Germany (Docket No. NHTSA-2003-14395) and published a
notice in the Federal Register soliciting comment on the draft (69 FR
60460, 60462; October 8, 2004). NHTSA received no comments on the
document.
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    \12\ 49 CFR part 553, App. C.
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    On October 10, 2006, NHTSA published another notice describing the
agency's work on GTR activities, including the glazing draft GTR
(Docket No. NHTSA-2003-14395). In July 2007, NHTSA received comments on
the draft GTR from the Society of Automotive Engineers (SAE) Glazing
Committee. The SAE Glazing Committee's comment included requests for
clarification of technical rationale and justification, adding
definitions of key terms and clarification of testing and performance
requirements. The agency made recommendations to the informal working
group to implement some of the SAE comments into the GTR.
    On February 11, 2008, NHTSA published a notice in the Federal
Register informing the public that the WP.29 intended to vote on the
GTR covering glazing at the March 2008 session, and soliciting comment
on how the agency should vote on the proposal.\13\
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    \13\ 73 FR 7803.
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    The agency received six comments in response to the request for
comment, from: the Alliance of Automobile Manufactures (Alliance),
Volkswagen Group of America (VW), Solutia, PPG Industries (PPG), Mr.
John Turnbull (former Chairman of the SAE Glazing Standards Committee),
and Automotive Components Holdings (Automotive Components).
    The Alliance and VW recommended that the U.S. vote in favor of the
GTR at the March 2008 session, while expressing the view that WP.29
needed to initiate a GTR on issues such as marking, plastics, state-of-
the-art glazing and installation requirements.
    The other commenters did not support the GTR, believing, among
other things, that the GTR includes provisions

that were not supported by data or were unjustified from a safety
standpoint, or fails to include tests now included in FMVSS No. 205
that they believe meet a safety need.
    The agency considered the comments when deciding how to vote on the
proposed GTR. It appeared that some of the objections were speculative
or were opposed to any kind of change to the standard, while others
raised points that were worthy of further discussion. After analyzing
the comments, we did not believe that the commenters raised
insurmountable opposition to the opportunity to modernize the glazing
standard, but we did consider several of the opposing comments worthy
of follow-up. We determined that the objections to the draft GTR could
be aired out and resolved in the notice-and-comment process of NHTSA
rulemaking. This NPRM highlights those concerns and, in turn, requests
comments on those issues.
    All in all, NHTSA believed the proposed GTR to be worthwhile for
consideration. The agency believed the GTR presented an opportunity to
take steps toward harmonization. The GTR achieves a narrowing of the
convergence of disparate national standards that seek to mitigate the
same motor vehicle safety problem and presents an opportunity to
modernize FMVSS No. 205 in a manner consistent with harmonization.
Accordingly, NHTSA voted yes on the GTR in March 2008.
    Today's NPRM initiates rulemaking and requests public comment on
adopting the GTR's provisions.

III. Overview of Pertinent FMVSS No. 205 Provisions

    FMVSS No. 205, Glazing materials, specifies performance
requirements and test procedures for glazing installed in motor
vehicles. The standard specifies performance tests that the glazing
must pass and locations in the vehicle where particular types, or
``items,'' of glazing may be installed. The standard also includes
certification and marking requirements for original and replacement
glazing materials used in motor vehicles.
    FMVSS No. 205 incorporates by reference American National Standards
Institute (ANSI) \14\ Standard Z26.1, ``American National Standard for
Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle
Equipment Operating on Land Highways--Safety Standard,'' ANSI/SAE
Z26.1-1996 (hereinafter referred to as ``ANSI Z26.1''). ANSI Z26.1
describes 20 different ``items'' of glazing for motor vehicle use.
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    \14\ ANSI is a custodian for voluntary commercial standards
developed by committees such as the Society of Automotive Engineers
(SAE). The SAE Glazing Committee (made up of individuals
knowledgeable in the field of automotive glazing) periodically
revises the existing ANSI glazing standards.
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    Each item of glazing is generally defined by its ability to pass a
specified set of tests.\15\ ANSI Z26.1 includes a total of 31 specific
test procedures designed to assess various mechanical and optical
properties and the environmental resistance of the items of
glazing.\16\ The set of tests that the item of glazing must pass varies
from item to item, based in part on the type of vehicle, and location
within that vehicle, in which the glazing will be installed. The tests
are listed in a chart in ANSI Z26.1, with detailed test procedures also
set forth there. The tests seek to ensure adequate safety performance
of vehicle glazing for the item's application.
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    \15\ 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.
    \16\ On July 25, 2003, NHTSA published the current version of
FMVSS No. 205 in a final rule incorporating by reference ANSI Z26.1-
1996 (68 FR 43964). ANSI Z26.1-1996 is the applicable ANSI standard
in FMVSS No. 205, even though the SAE Glazing Committee has
published a later version of ANSI Z26.1. Since the Federal motor
vehicle safety standards cannot be changed except by following the
informal rulemaking procedures of the Administrative Procedure Act,
revisions to the ANSI standard do not become part of FMVSS No. 205
unless we conduct a rulemaking that expressly identifies and
incorporates them. NHTSA analyzes the revisions of the ANSI standard
for improved safety benefits, harmonization, obsolete requirements,
and any increased costs associated with compliance, and conducts a
rulemaking, as appropriate, to incorporate the new version.
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    This NPRM pertains to the following test requirements of ANSI
Z26.1, which are incorporated into FMVSS No. 205:
    1. A radiation (light stability) test for laminated glass, tempered
glass, and glass-plastic (for glazing installed in areas requisite for
driving visibility), ensuring that the glazing retains its luminous
transmittance after prolonged exposure to sunlight (ANSI Z26.1,
paragraph S5.1);
    2. A 70 percent luminous transmittance requirement (for glazing
installed in areas requisite for driving visibility \17\) (ANSI Z26.1,
paragraph S5.2);
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    \17\ It is NHTSA's position that, for passenger cars, all
windows in the passenger compartment are requisite for driving
visibility.
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    3. Humidity and high temperature resistance tests (laminated glass
and glass-faced plastics) (ANSI Z26.1, paragraphs 5.3, 5.4, 5.5), to
determine if the glazing will withstand environmental effects;
    4. A half-pound ball impact test (tempered glass), ensuring that
the glass has a certain minimum strength to resist impact from external
projectiles, such as small stones (ANSI Z26.1, paragraph S5.6);
    5. A fracture test (tempered glass), to minimize the risk of injury
caused by fragments of fractured glazing material (ANSI Z26.1,
paragraph S5.7);
    6. Shot bag and dart drop tests (tempered glass), to ensure glazing
material has a certain minimum strength to resist impact of large and
small objects (ANSI Z26.1, paragraphs 5.8, 5.9);
    7. A half-pound ball drop test (laminated glass), to ensure the
glazing resists penetration by heavy objects, such as body parts, that
may come into contact with the glazing in the event of a crash (ANSI
Z26.1, paragraph S5.12);
    8. A weathering test (plastic and glass-plastic glazing), to ensure
the plastic face mounted on the exterior of the vehicle will withstand
simulated weathering over a long period of time (ANSI Z26.1, paragraph
S5.16);
    9. An abrasion resistance test (ANSI Z26.1, paragraph S5.17);
    10. An optical distortion test (glazing materials used as
windshields), ensuring safe driver visibility through the windshield
(ANSI Z26.1, paragraph S5.15);
    11. Chemical resistance, change in temperature, and flammability
tests (ANSI Z26.1, paragraphs 5.19, 5.23, 5.24, 5.28); and,
    12. A penetration resistance test (laminated glass), to assess the
glazing's resistance to penetration by heavy objects, such as body
parts (ANSI Z26.1, paragraph S5.26).
    13. In addition, comments are requested on the GTR's optional 10 kg
(22 lb) headform drop test, which is not currently included in ANSI
Z26.1.

IV. Proposed Changes to FMVSS No. 205

    The agency solicits comment on the following proposed changes to
FMVSS No. 205's requirements. These proposals implement the GTR
provisions.
    As noted earlier, we believe that, for the most part, the changes
proposed in the GTR do not substantially alter the current requirements
of FMVSS No. 205. Many of the changes are minor amendments to bridge
small differences in the current regulatory requirements of Contracting
Parties. Other changes attempt to update FMVSS No. 205 to better test
performance of modern glazing and to delete obsolete requirements. The
proposal's new

marking requirements for tempered glass, laminated glass and glass-
plastic glass are substantially similar to the marking requirements of
ANSI Z26.1.
    The changes in the proposed GTR are only applicable to tempered
glass, laminated glass, and glass face plastic glazing. We do not
propose changing FMVSS No. 205's requirements for other glazing. ANSI
Z26.1 will continue to apply, unchanged, to bullet resistant glazing
and glazing for use on motorcycles, slide-in campers, and pick up
covers designed to carry persons while in motion. ANSI Z26.1 will also
continue to apply, unchanged, to glazing for use on trucks, buses and
MPVs in locations not requisite for driving visibility.
    This NPRM does not propose changes to FMVSS No. 205 requirements
that specify where items may be installed. As noted above, the GTR does
not contain specifications for installation of the glazing.
Installation was not included because existing national or regional
regulations or legislation covering installation requirements differ
significantly.\18\ This NPRM also does not include proposals for
comprehensive marking of glazing. As explained earlier, comprehensive
marking requirements were not included in the GTR.
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    \18\ Specifically, the requirements for light transmission
levels in glazing installed in rearward vision areas vary widely.
The informal working group developing the GTR decided to postpone
adding the installation requirement into the GTR as it would
lengthen the development time for the GTR.
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    FMVSS No. 205 is currently very brief as set forth in 49 CFR
571.205, since it incorporates by reference ANSI Z26.1. The proposed
regulatory text of this NPRM would significantly lengthen 49 CFR
571.205 because the provisions of the GTR would be set forth in the
regulatory text of the standard rather than being incorporated, for the
most part, in a separate document (i.e., in the ANSI standard).
Nonetheless, we emphasize that we believe the proposed changes are
relatively minor.
    The agency is considering adopting all the changes proposed in the
GTR. However, after reviewing the comments to this NPRM and other
relevant information, the agency may choose to incorporate some of the
proposed tests in the GTR while retaining some of the current
requirements of FMVSS No. 205.
    The proposed regulatory text is taken almost verbatim from the GTR.
Consistent with principles for Plain Language, we are amenable to
suggestions as to how we can improve the regulatory text. We have noted
periodically in the text where we wish to highlight a request for
suggestions on improving the text.
    The agency is proposing to add definitions for over thirty new
terms to the definitions section of FMVSS No. 205. These new
definitions would define terms used in the GTR which are used in the
new regulatory language that would be added to FMVSS No. 205.

1. Radiation (Light Stability) Test

    Paragraph S5.1 of ANSI Z26.1 specifies a light stability test for
laminated glass, tempered glass, and glass-plastic installed in areas
of a vehicle requisite for driving visibility. The purpose of the test
is to ensure that the glazing retains its luminous transmittance after
prolonged exposure to sunlight.
    The test specimen is exposed to ultra-violet radiation for 100
hours. After being exposed to radiation, the specimen is tested for
luminous transmittance. The performance requirements for the test
require that the glazing retain 95 percent of its pre-exposure luminous
transmittance.
    For laminated glass used in windshields and glass plastic glazing,
the light stability test in ANSI Z26.1 contains an extra step. After
being exposed to radiation, laminated glass and glass-plastic samples
are immersed in boiling water and examined for decomposition.
Proposed Change
    The process used in the radiation test in the GTR, located in S6.7
of today's proposed regulatory text, is similar to the process used in
the light stability test in paragraph S5.1 of ANSI Z26.1. The agency
believes that the radiation test in the GTR is generally equivalent to
the current light stability test in the ANSI standard. The purpose of
both tests is to ensure that the glazing retains its luminous
transmittance after prolonged exposure to sunlight. Both tests examine
the ability of laminated glass to retain its luminous transmittance
when exposed to ultraviolet (UV) radiation.
    There are differences, however. Consistent with the GTR, we propose
that the light stability test of FMVSS No. 205 be amended to not apply
to tempered glass. The GTR informal working group suggested that this
test is not needed for tempered glass because tempered glass generally
does not react to UV radiation. Also, tempered glass by its nature is a
stable and durable material and generally would not degrade after
prolonged exposure to sunlight. NHTSA has no reason to disagree;
however, the agency seeks comment on this proposal to exclude tempered
glass from the resistance to UV radiation test.
    Further, consistent with the GTR, we propose that laminated glass
and glass plastics would not be exposed to boiling water after exposure
to radiation. The GTR informal working group suggested that submerging
the samples in boiling water is duplicative of the resistance to high
temperature test, see below, and does not need to be included from a
safety perspective. NHTSA has no reason to disagree; however, we
request comments on this issue.
    We note that previously, Mr. Turnbull commented \19\ in opposition
to the GTR's provisions on the radiation test. He stated that the
method specifies the radiation source (lamp) by general dimensions but
is non-specific regarding the actual amount of UV spectral radiation
generated. In response, we point out that the GTR specifies that each
test piece shall be exposed to the equivalent of 100 hours of
ultraviolet radiation at 1,400 W/m\2\. NHTSA tentatively believes that
the terms of this test are specified with sufficient clarity to make
the test repeatable.
---------------------------------------------------------------------------

    \19\ All comments referred to in this section were submitted to
Docket NHTSA-2008-0008, responding to NHTSA's request for comments
pending a vote on the draft GTR.
---------------------------------------------------------------------------

    In previous comments, Solutia expressed concern that, without the
thermal resistance testing post irradiation, there is no assurance the
glazing will maintain clarity during exposure to sun and heat. Comments
are requested on this issue.

2. Luminous Transmittance Level

    Paragraph S5.2 of ANSI Z26.1 requires glazing materials for use in
areas of a vehicle requisite for driving visibility to undergo a test
for luminous transmittance.\20\ The test requires that the glazing have
a luminous transmittance of not less than 70 percent. The purpose of
this test is to ensure safe driver visibility. The current standard
requires the entire windshield except for the shade ban area and the
area where the rearview mirror or rain detector is mounted to the
windshield to meet the performance requirements of this test.
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    \20\ Section 4 of ANSI Z26.1, Application of Tests, specifies
the areas of vehicles that are required to be equipped with glazing
with a 70 percent luminous transmittance level. NHTSA's position is
that for passenger cars, all windows in the passenger compartment
are requisite for driving visibility.
---------------------------------------------------------------------------

Proposed Change
    The GTR specifies the same 70 percent luminous transmittance level
as

the current ANSI Z26.1 luminous transmittance test. Paragraph
S<IP_ADDRESS>.1 of the proposed regulatory text applies the luminous
transmittance test to all glazing requite for the driver's forward
field of vision. The GTR defines the driver's forward field of vision
to be the windshield and the driver and passenger side windows.
    The GTR leaves the required luminous transmittance level requisite
for the driver's rearward vision to the discretion of the Contracting
Parties. We have decided to maintain the current 70 percent luminous
transmittance level for glazing requisite for the driver's rearward
field of vision for passenger cars (S<IP_ADDRESS>.2 of the proposed
regulatory text). Similar to current FMVSS No. 205 requirements,
glazing used on trucks, buses and multipurpose passenger vehicles
(MPVs) will only be subject to the luminous transmittance test if
installed as a windshield, to the immediate right and left of the
driver or the rearmost window if used for driving visibility.
    FMVSS No. 205 applies a 70 percent luminous level to the entire
windshield, except for shade band area and the area where the rearview
mirror or rain detector is mounted to the windshield at the top of the
windshield. The GTR requirements for the shade band and opaque area
where the rearview mirror is mounted, reflected in paragraph S<IP_ADDRESS>
of the proposed regulatory text, are similar to those of FMVSS No. 205.
    However, the GTR directly allows an opaque area 25 millimeters (mm)
(0.98 inch (in)) wide around the edge of the windshield to aid
installation. FMVSS No. 205's text does not directly exclude any area
of the windshield from the luminous transmittance test other than shade
band area at the top of the windshield and the opaque area where the
rear view mirror is mounted.
    We do not believe the addition of an opaque area 25 millimeters
(mm) (0.98 inch (in)) wide around the edge of the windshield would
constitute a significant change to standard. Already, NHTSA has
interpreted FMVSS No. 104, Windshield wiping and washing systems,\21\
to allow an opaque coating around the edge of the windshield used to
cover the glue that fixes the windshield in place.\22\ If there is an
opaque coating to cover the glue, it appears reasonable not to require
that small coated area to meet light transmittance requirements since
the driver cannot see the roadway through that area.\23\ We tentatively
conclude that the provision in the GTR that allows an opaque area 25 mm
(0.98 in) wide around the edge of the windshield would make the
standard clearer by specifying the area of the windshield in which an
opaque coating is allowed. We seek comment on this proposed change.
---------------------------------------------------------------------------

    \21\ 49 CFR 571.104.
    \22\ March 31, 2004 letter of interpretation to Alliance of
Automobile Manufacturers, http://isearch.nhtsa.gov/files/007749drn-3.html.
    \23\ See June 9, 1987 letter of interpretation to manufacturer
whose name has been kept confidential, http://isearch.nhtsa.gov/gm/87/nht87-2.4.html (stating that a heads-up-display located in an
area of the windshield through which the driver could only see the
hood was in an area not requisite for driving visibility and was
thus allowable); see also November 3, 1988 letter of interpretation
to Volkswagen of America, http://isearch.nhtsa.gov/files/3136o.html
(allowing a shade ban with less than 70% luminous transmittance
along the bottom edge of the windshield).
---------------------------------------------------------------------------

3. Humidity and High Temperature Resistance Tests

    A humidity test is currently included in paragraph S5.3 of ANSI
Z26.1 in order to determine if laminated glass and glass faced plastics
will successfully withstand the effects of moisture in the atmosphere
over time. The test requires that three test specimens be kept in a
closed container over water for two weeks at a temperature between 49
[deg]C and 54 [deg]C (120[emsp14][deg]F and 130[emsp14][deg]F). In
order to pass the test, the samples must not exhibit any separation of
materials. Small areas of separation are allowed within 6.35 mm (0.25
in) of the edge of the sample.
    The current standard includes both a boil and a bake test to
determine whether safety glazing can withstand exposure to high
temperatures over extended periods of time. The boil test, contained in
paragraph S5.4 of ANSI Z26.1, is applicable to laminated glass and
glass plastics. For the boil test, three samples are placed in 66
[deg]C (150[emsp14][deg]F) water for three minutes and then placed in
boiling water for three hours.
    The bake test, contained in paragraph S5.5 of ANSAI Z26.1, applies
to multiple glazed units. It requires three samples to be heated to 100
[deg]C (212[emsp14][deg]F) in an oven for two hours.
    The performance specifications for both tests require that no
bubbles or other defects develop within 13 mm (0.5 in) of the outer
edge of the sample.
Proposed Change
    The humidity test is substantially similar in both ANSI Z26.1,
paragraph 5.3, and the GTR. ANSI Z26.1 requires that the specimens be
kept in an enclosed container over water and maintained at a
temperature range designed to achieve a relative humidity level of 100
percent. The GTR humidity test, reflected in S6.8 of today's proposed
regulatory text, specifies a 50 [deg]C (122[emsp14][deg]F) temperature
at which the specimens must be kept and a 95 percent relative humidity
level.
    The test for resistance to high temperature in the GTR, reflected
in S6.6 of the proposed regulatory text, includes the procedures for
both the boil and the bake tests currently included in paragraphs 5.4
and 5.5, respectively, of ANSI Z26.1. The resistance to high
temperature test in the proposed GTR requires the sample to be heated
to 100 [deg]C (212[emsp14][deg]F) but does not specify a method for
achieving the required temperature. The GTR does, however, provide that
laminated glass may be tested by submersing the test piece in boiling
water. The agency also solicits comment on whether a measurement
tolerance of 2 [deg]C should be added to paragraph
S<IP_ADDRESS>.
    Also, the procedures for the boil test in the GTR differ slightly
from the requirements of paragraph S5.4 of ANSI Z26.1. The boil test in
ANSI Z26.1 requires that the sample be immersed in 66 [deg]C
(150[emsp14][deg]F) water for 3 minutes before being transferred to
boiling water to minimize thermal shock while the GTR does not include
this step.
    For both the humidity and the high temperature resistance tests,
because cutting induces stress into the glazing, the GTR allows a 25 mm
(0.98 in) area at the edge of a cut piece of glazing within which
conformance to the standard will not be assessed. ANSI Z26.1 allows a
6.35 mm (0.25 in) area within which conformance will not be assessed
for the humidity test and a 13 mm (0.5 in) area for the high
temperature resistance tests. We have no reason to believe that the
GTR's larger area would result in a decrease in safety benefit with its
use. However, we seek specific comment on whether the larger area is
appropriate.
    The agency seeks comment on the appropriateness of the proposed
changes to the boil and bake tests of the GTR.

4. Half Pound Ball Drop--Tempered Glass

    Paragraph 5.6 of ANSI Z26.1 requires that tempered glass undergo an
impact ball test in which a steel ball weighing 227 grams (g) (8 ounces
(oz)) is dropped onto the test specimen from a height of 3.1 meters (m)
(10 feet (ft)). The purpose of this test is to ensure that the glass
has a certain minimum strength to resist impact from external
projectiles such as small stones.
Proposed Change
    The procedure in the GTR for the ball drop test applicable to
tempered glass

differs from the current requirements in paragraph 5.6 of ANSI Z26.1.
The proposed procedure for the ball drop test, which is reflected in
paragraph S6.3 of today's proposed regulatory text, would require that
a 227 g (8 ounces (oz)) test ball be dropped onto the exterior face of
the glazing mounted on the vehicle from a height of 2 m (6.6 ft). The
ball drop test in ANSI Z26.1 uses a steel ball of approximately the
same weight dropped from a height of 3.1 m (10 ft).
    The drafters of the GTR believe that calculations performed by the
Japanese support a finding that a drop height of 2.0 m (6.6 ft) is
sufficient for testing the safety performance of tempered glazing. The
calculations assumed that the typical piece of debris that came in
contact with a vehicle windshield had a mass of 2 to 3 g (0.07 to 0.1
oz). Assuming, in a worst-case scenario, that the 3 g debris impacts a
piece of glazing installed on a vehicle at 150 kilometers per hour (km/
h) (93 miles per hour (mph)), the study found that the impact energy of
the 3 g (0.1 oz) object would be equivalent to the impact energy of a
227 g (8 oz) ball dropped from a height of 1.17 m (3.8 ft).\24\ We note
also that tempered glass is used in side windows, so the impact
velocity of small objects on tempered glass could be lower than the
impact energy of debris that strikes the vehicle head on in the
windshield. For these reasons, we tentatively conclude that the 2 m
(6.6 ft) height would be sufficient to assess the toughness of tempered
glazing when struck by a stone or other small object.
---------------------------------------------------------------------------

    \24\ Unpublished one-page analysis, ``Assessment of Toughened
Glass Impact Test in Terms of Impact Energy of Flying Object''; Flat
Glass Manufacturers Association of Japan; March 29, 2004.
---------------------------------------------------------------------------

    The GTR also differs from the current ball drop test specified in
ANSI Z26.1 by specifying that not less than 8 of the 10 samples tested
must not break or fragment. ANSI Z26.1 requires that 10 of the 12
samples must not break or crack.\25\ The agency tentatively believes
that the change in sample size will not significantly impact the test
results.
---------------------------------------------------------------------------

    \25\ ANSI Z26.1 states (section 5, Test Specifications) that
``[S]ome tests are written so that occasional failure is allowed.
Such tests are better adapted to indicate a satisfactory product
than less severe tests allowing no failures.''
---------------------------------------------------------------------------

    Comments are requested on the proposed changes. We note that, in a
previous comment, Mr. Turnbull objected that, ``It is not obvious that
any impact studies were actually done with stones or if a 2-3 g stone
does represent typical road debris.'' While no impact studies were
performed, the agency believes that the calculations conducted in Japan
provide a reasoned basis for selecting 2 m (6.6 ft) as an appropriate
drop high to test the toughness of tempered glass. In establishing the
GTR, Contracting Parties are required to reconcile conflicting
performance requirements from differing regional and national
standards, the agency felt the calculations from Japan adequately
ensure the safety of tempered glass when tested from a drop height of 2
m (6.6 ft).
    In previous comments, Solutia, PPG and others expressed a concern
that the GTR specifies different requirements (e.g., drop height) based
on the type of construction of the glazing, rather than on its
application, and thus, commenters believed, the GTR ``discriminates
against materials.'' Solutia stated that the GTR requirement for the
drop height of the 227 g ball ``specifies that toughened-glass panes
[for use in side windows] be tested by dropping the ball from a height
of 2 meters whereas, section <IP_ADDRESS> [of GTR No. 6] requires laminated
panes in the same application be tested by dropping the ball from a
height of 9 meters. No justification is provided for this difference in
ball drop heights.''
    ANSI Z26.1 currently includes different drop heights for laminated
and tempered glass used as panes \26\ for the 227 g (8 oz) ball drop
test based on differing properties of the materials. Tempered glass is
designed to withstand rough treatment but it is not resistant to
penetration. Laminated glass is not as tough as tempered glass and
cracks more easily but is very resistant to penetration. The differing
drop heights are designed to test the differing properties of these
materials. The performance requirements for the 227 g (8 oz) ball drop
test applicable to tempered glass specify that the test piece must not
break when the ball is dropped from a height of 2 m (6.53 ft) on to the
test piece. The performance requirements for the 227 g (8 oz) ball drop
test applicable to laminated glass panes specify that the ball shall
not pass through the test piece when the ball is dropped on to the test
piece from a height of 9 m (29.53 ft). Thus, the differing drop heights
for the 227 g (8 oz) ball drop test applicable to tempered glass and
laminated glass panes are included in the GTR to ensure sufficient
toughness of tempered glass and sufficient penetration resistance of
laminated glass panes. Comments are requested on this issue.
---------------------------------------------------------------------------

    \26\ Laminated glass panes refer to laminated glass installed on
locations on the vehicle other than the windshield.
---------------------------------------------------------------------------

5. Fracture Test

    ANSI Z26.1 specifies a fracture test for tempered glass in
paragraph S5.7. The purpose of the fracture test is to minimize the
risk of injury caused by fragments of fractured glazing material. The
test specimen is tested with a spring-loaded center punch or hammer.
The specimen is broken at the center of the sample. The fragments of
the sample are then weighed. In order to pass the test, no fragment
from the fractured specimen is allowed to weigh more than 4.25 g (0.15
oz).
Proposed Changes
    ANSI Z26.1 currently specifies a test procedure with only one
breaking point in the center of the sample, and a maximum weight for
the largest resulting fragment. The GTR fracture test adds a second
fragmentation point to verify that the glass has been properly
tempered.\27\ We tentatively agree with this change, because if a
glazing piece is significantly curved, testing for fragmentation at
only the center of the sample could mask issues with the tempering
process. The added fragmentation test point at the point of curvature
helps to ensure that the glazing is properly tempered and breaks into a
large number of small fragments.
---------------------------------------------------------------------------

    \27\ Figure 25 of the proposed GTR specifies the second impact
point for curved panes. Global technical regulation No. 6, ``Safety
Glazing Materials for Motor Vehicles and Motor Vehicle Equipment'',
ECE/TRANS/180/Add.6, 16 May 2008.
---------------------------------------------------------------------------

    Further, ANSI Z26.1 currently limits the weight of the largest
fragment, but not its size. The GTR performance requirements set a
minimum number of fragments in a five centimeter square area and limit
the length and width of the largest fragment, rather than its weight.
The rationale provided in the preamble to the GTR is that newer types
of very thin tempered glass could produce a large fragment but have a
smaller mass than would be expected with older, thicker glass.\28\
Accordingly, using weight alone could permit large fragment sizes.
---------------------------------------------------------------------------

    \28\ Id., page 9.
---------------------------------------------------------------------------

    NHTSA agrees that it is possible that thinner tempered glass, when
fractured, may produce a fragment that is large in size but relatively
small in weight, and that a reasonable alternative is to limit the size
of the fragment.
    However, the agency seeks comment on the proposed changes. Is the
second fragmentation point reasonable? Should fragments be limited by
size rather than weight? We note that in a previous comment, PPG
expressed the belief that the ANSI test procedure should not be
changed. It stated: ``the assumption that

thinner [glass] will result in the ability to have larger pieces of
glass has not been demonstrated.'' Automotive Components stated that
the GTR procedure is more time consuming and requires glazing
manufacturers to break more glass parts, which increases cost. Comments
are requested on these issues.

6. Shot Bag and Dart Drop Tests

    The current standard specifies a shot bag impact test for tempered
glass (ANSI Z26.1, paragraph S5.8). The purpose of the test is to
determine whether the glazing material has a certain minimum strength
to resist impact of large objects, such as body parts of the vehicle
occupant. A 4.99 kg (11 lb) shot bag made of flexible leather is
dropped on the specimen from a height of 2.44 m (8 ft) so that it
strikes the center of the face of the glazing mounted on the vehicle.
Of five test specimens tested, no more than one is allowed to crack or
break.
    Under FMVSS No. 205, laminated glass is subject to a dart impact
test (ANSI Z26.1, paragraph S5.9). The purpose of the test is to ensure
the strength of the glazing when impacted by small hard objects. During
the test, a 198 g (7 oz) steel dart is dropped from a height of 9.14 m
(30 ft) so that it strikes the specimen in the center of the exterior
face of the glazing mounted on the vehicle. The performance
requirements permit the dart to puncture the specimen, but the dart is
not permitted to create a hole in the specimen sufficiently large to
allow the dart to pass completely through.
Proposed Change
    We propose deleting the dart impact test and the shot bag test from
FMVSS No. 205. It appears the tests have become obsolete. The dart
impact test and the shot bag test are not included in the GTR. Both
tests are not included in the most recent draft version of ANSI Z26.1
being developed by the SAE Glazing Committee.
    The dart drop test, currently found in the current version of ANSI
Z26.1 reflected in FMVSS No. 205, paragraph S5.9, uses a dart one ounce
lighter than the 227g (8 oz) ball dropped from the same height. The
agency tentatively concludes that no purpose is served by having both a
dart test and a small ball test. It appears that the ball is more
representative of the real world hazards encountered by vehicle
glazing, and the GTR informal group suggested that the small ball test
is slightly more severe. Therefore, the agency tentatively concludes
that the GTR, as written without these tests, meets the need for
safety.
    The purpose of the shot bag test is to assess the strength of the
glazing under impact from the interior side by an occupant body part.
The drafters of the GTR believed that leather comprising the shot bag
could not be specified to a degree of accuracy that would ensure that
the results of the test were objective and repeatable. The drafters
believed that the variations in the suppleness of the leather played a
significant role in the distribution of force in the impact area which
affects the glazing's ability to withstand the force applied by the
bag. Further, the GTR committee stated that experience has shown that
glazing that passes the shot bag test can sometimes fail the 2.26kg-
ball drop test, but the reverse has never been seen. This experience
indicates that the shot bag test is not needed to test the resistance
of glazing to penetration by large heavy objects. The agency
tentatively agrees with the drafters of the GTR that the variations in
test conditions caused by the leather on the shot bag can introduce
repeatability issues. The agency has also tentatively concluded that
the shot bag test duplicates properties of the glazing tested by the
2.226 kg (5 lb) ball drop test included in the GTR.
    The agency is soliciting comment on whether the dart drop and the
shot bag tests should be removed from FMVSS No. 205.

7. Half Pound Ball Drop Test--Laminated Glass

    ANSI Z26.1 specifies an impact ball test in paragraph S5.12 for
laminated glass used in windshields. It differs from the impact ball
test used on tempered glass. Laminated glass is subjected to an impact
ball test in which a 227 g (8 oz) ball is dropped from a height of 9.14
m (30 ft) so that it strikes the specimen in the center of the exterior
face of the glazing mounted on the vehicle. The purpose of the test is
to determine whether the glazing possesses a certain minimum strength,
and to ensure that the glazing is properly constructed. Separation of
glass and plastic from the area of the specimen opposite the point of
immediate impact of the glass shall not exceed 645 mm\2\ and total
separation of glass from strengthening material shall not exceed 1935
mm\2\.
Proposed Change
    The GTR (as reflected in paragraph S6.3 of today's proposed
regulatory text) changes the drop height for the 227 g (8 oz) ball drop
test applicable to laminated glass from 9.14 m (30 ft), as currently
specified in ANSI Z26.1 paragraph S5.12, to 9 m (29.5 ft). The agency
does not believe that this change will have any significant impact on
the results produced by the test.
    However, the GTR differs from ANSI Z26.1 in some respects. The GTR
specifies that the 227 g (8 oz) ball drop test is conducted on
specimens conditioned at two different temperatures. Ten specimens are
tested at a temperature of +40 [deg]C (104[emsp14][deg]F) and 10
specimens are tested at -20 [deg]C (-4 [deg]F). At least 8 specimens
from each test group must satisfy the proposed performance
requirements. ANSI Z26.1 currently requires that 12 specimens be
tested, that at least 10 of the 12 specimens must not crack into 2 or
more pieces, and that at least 8 of the 12 prevent the ball from
passing through the specimen.
    The GTR also differs from ANSI Z26.1 in the manner in which the two
standards measure separation of the glass from the interlay. For
windshields, the GTR specifies the maximum weight for fragments that
have separated from the sample, while ANSI Z26.1 specifies an area in
which separation of the glass from the interlay is allowed to occur.
Both standards measure separation of laminated glass used in other
locations in the vehicle by specifying the area in which separation
from the sample may occur. NHTSA tentatively believes that this change
will not impact the ability of glazing to satisfy the test.
    The agency seeks comment on the proposed changes. As noted in the
discussion of issue number 4, above, Solutia and PPG were concerned why
the GTR specifies a drop height of 9 m for the 227 g (8 oz) ball for
laminated glass when it specifies a drop height of 2 m for tempered
glazing. In addition, in a previous comment, Solutia stated that the
reasons for the change in the size of the samples that must pass the
tests was not explained in the GTR.

8. Weathering Test

    Paragraph S5.16 of ANSI Z26.1 requires a weathering test for
plastic and glass-plastic glazing for which the plastic face will be
mounted on the exterior of the vehicle. The test specimen is exposed to
UV radiation and water and then subjected to an abrasion wheel for 100
cycles. The purpose of the test is to determine whether the plastic
glazing or glass-plastic glazing will withstand weathering over a long
period of time.
Proposed Change
    The GTR only applies to glass plastics for which the plastic face
is mounted on the interior of the vehicle. Thus, there is no weathering
test for glass plastic

glazing with the plastic face on the exterior of the vehicle.
    ANSI Z26.1 paragraph S5.16 applies the weathering test to glass
plastic glazing with the plastic face mounted on the exterior of the
vehicle and to plastic glazing. The agency is soliciting comment on
these changes.

9. Abrasion Resistance

    Paragraph S5.17 of ANSI Z26.1 currently includes an abrasion
resistance test where the sample is abraded with an abrading wheel.
Plastic samples are abraded for 100 cycles and glass samples are
abraded for 1000 cycles. After the samples are abraded they are tested
for luminous transmittance. For plastic samples, the average light
scatter of three samples tested cannot exceed 15 percent. Glass-faced
plastic shall not have an average light scatter greater than 4 percent
for the plastic face mounted on the interior of the vehicle. Glass must
not have a light scatter of more than 2 percent after being abraded.
Proposed Change
    The abrasion resistance test in the GTR, reflected in paragraph
S6.5 of today's proposed regulatory text, is substantially similar to
the current test in ANSI paragraph 5.18. The GTR specifies the same
light scatter performance requirements as FMVSS No. 205. However, the
GTR test specifies a different abrasion wheel than the one currently
used in ANSI Z26.1. The agency believes that given the specifications
of the abrasion resistance wheel specified in the GTR there is
potential for the new abrasion resistance test to be more severe.
    Solutia stated in a previous comment that the dimensions for the
abrasion resistance wheel were outdated. The abrasion resistance wheel
described in the GTR is the same as the wheel described in ISO Standard
3537, Road vehicles--Safety glazing materials--Mechanical tests, March
1999, which is commercially available.
    In previous comments, Solutia and PPG expressed concern that the
GTR specifies different test methodologies and performance levels
depending on the glazing material. The commenter believed that the GTR
should require the same level of safety performance for a vehicle
glazing location. Solutia said that the GTR requires glass surfaces to
be tested with 1,000 abrasion cycles and allows a maximum haze of 2
percent, whereas plastic surfaces are tested for only 100 abrasion
cycles and allowed a maximum haze of 4 percent. Solutia stated: ``If
the in-situ performance requires an environmental duty equivalent of
1,000 abrasion cycles, then that level of testing should be required
for all glazing materials. Moreover, if glazing optical performance
should not exceed 2% haze, then that level of performance should be
required for all constructed glazing materials.''
    NHTSA notes that FMVSS No. 205 currently specifies differing
performance requirements for glass and plastic glazing under the
abrasion resistance test. The agency believes that different
performance requirements can be reasonably based on different
attributes for glass and glass faced plastic and the different uses for
each application. Glass, because of its chemical composition, possesses
a greater resistance to chemical and environmental erosion than
plastic, so glass is subject to more abrasion cycles than plastic to
evaluate its abrasion resistance.
    The different performance requirements for glass and glass faced
plastic are also based on the differing locations on the vehicle in
which each type of glazing is installed. Glass surfaces which are
mounted facing the exterior of the vehicle are exposed to the outside
environmental and require constant cleaning to remove dirt and grime. A
2 percent haze requirement for glass surfaces is necessary to ensure
that glazing remains sufficiently transparent to provide visibility.
Plastic surfaces, mounted on the interior of the vehicle, are not
subjected to the same conditions, for the interior of the vehicle a 4
percent haze requirement is sufficient to ensure that glazing remains
transparent. Different performance requirements are developed for
different materials not out of a desire to favor certain glazing
materials but rather to ensure that glazing materials possess adequate
mechanical strength for their intended use in a motor vehicle.
    Comments are requested on these issues, including the issue of the
GTR requiring a maximum haze of 2 percent for glass and 4 percent for
plastics.

10. Visual Distortion

    Paragraph S5.15 of ANSI Z26.1 requires glazing materials used as
windshields to undergo visual distortion and optical distortion tests.
The purpose of these tests is to ensure safe driver visibility. To
conduct the visual distortion test, the sample is placed in front of a
light source and a circle is projected through the test specimen onto a
screen. The tester then records the separation between the primary and
secondary image. The separation of the secondary and primary image is
not allowed to exceed 3.95 minutes of arc or 8.9 mm (0.35 in).
    The procedure for the optical distortion test specifies that the
sample be placed 7.62 m (25 ft) from a light source and moved toward
the light source and away from the screen positioned behind the
specimen at 127 mm (5 in) intervals. Each time the sample is moved, the
tester observes the showdown pattern on the screen. The performance
requirements of the test require that no light and dark patches
representing a secondary image appear on the screen before the sample
has been moved 635 mm (25 in) toward the light source. The test
procedure requires that the sample be keep parallel to the screen at a
right angle to the light source.
Proposed Change
    The GTR visual distortion test, reflected in paragraph S6.11 of
today's proposed regulatory text, is conducted at the angle of
installation rather than at a perpendicular angle. The latter is
currently used in paragraph 5.15 of ANSI Z26.1. Since distortion is a
function of the angle of incidence, the agency tentatively believes
that testing at the angle at which the glazing will be installed is a
more accurate representation of real world driving conditions.
    We note that the curvature of modern windshields at the margins
makes it impractical to test the entire windshield for optical
distortion at the angle of installation. The GTR specifies three vision
measurement areas, reflected in S6.15 of today's proposed regulatory
text, on which the optical distortion test is performed, which are
designed to capture the area of the windshield used by the driver to
see the forward roadway. The vision measurement areas used in the GTR
are based on SAE J941, Motor Vehicles Drivers Eye Locations, JAN 2008.
    SAE J941 defines a range of eye positions developed from a
statistical analysis of 2,300 drivers' physiological data (with a male-
to-female ratio of one-to-one) performing a straight ahead driving
task.\29\ Elliptical contours defining a range of eye positions were
developed from a statistical analysis of this physiological data. These
contours, or eye ellipses, offer a representation of a driver's eye
location and can be used to determine what a driver could see in the
straight ahead driving task.
---------------------------------------------------------------------------

    \29\ SAE Paper 650464, Automobile Driver Eye Positions, Meldrum,
James F., February 1, 1965.
---------------------------------------------------------------------------

    The optical distortion test in the proposed GTR applies different
vision testing areas to differing classes of vehicles. These vision
testing areas are referred to in the GTR as Zones A, B and

I. The defined vision testing areas Zones A and B apply to vehicles
with a gross vehicle weight rating (GVWR) of 4,536 kg (10,000 lb) and
less also referred to as light vehicles. Zone I applies to vehicles
with a GVWR over 4,536 kg (10,000 lb).
    Zone A is defined as the area on the outer surface of the
windscreen bounded by four planes. The first plane is parallel to the Y
axis passing through V1 and inclined upwards at 3[deg] from
the X axis (plane 1 in Figure 18). The second is a plane parallel to
the Y axis passing through V2 and inclined downwards at
1[deg] from the X axis (plane 2 in Figure 18). The third plane is a
vertical plane passing through V1 and V2 and
inclined at 13[deg] to the left of the axis (plane 3 in Figure 18). The
fourth plane is a vertical plane passing through V1 and
V2 and inclined at 20[deg] to the right of the X axis (plane
4 in Figure 18). The four planes correspond to an area forming a box
directly in front on the driver's forward eye position.\30\
---------------------------------------------------------------------------

    \30\ Zone or test area A is depicted in Figure 18 in the
regulatory text.
---------------------------------------------------------------------------

    In order to determine the extended Zone A, the part of the
windshield subject to the optical distortion test, the box formed by
the four planes is extended to the vehicle's center line and then to
the area of windshield symmetric to Zone A on the opposite side of the
vehicle's centerline. The extended Zone A represents an area of the
windshield extending horizontally across the center of the windshield.
The area of the windshield that comprises extended Zone A must exhibit
a maximum of 2 degrees of arc when subjected to the optical distortion
test.
    Reduced Zone B consists of area along the bottom third of the
windshield bounded by extended Zone A on the top, plane 9 (in figure
19(a)) on the bottom and plane 3 (in figure 19(a)) and a plane
symmetrical to plane 3 on the opposite side of the vehicle centerline
on the sides as well as the areas in the upper corners of the
windshield separated from each other by the opaque area where the rear
view mirror is mounted. The area of the windshield that comprises
reduced Zone B must exhibit a maximum of 6 degrees of arc when
subjected to the optical distortion test.
    Zone I, the defined vision testing applicable to vehicles with a
GVWR over 4,536 kg (10,000 lb), is determined from the ``O'' point
which represents the driver's eye location. The ``O'' point is a point
625 mm above the R point which is determined using the three
dimensional vehicle reference system described in ISO Standard 6549,
Road Vehicles--Procedure for H- and R-point determination, December 16,
1999. Zone I is comprised of the area of the windshield bounded on the
sides by vertical planes extending 15 degrees from the right and left
of the O point and on the top by a horizontal plane extending from the
O point to 10 degrees above horizontal and on the bottom by a
horizontal plan extending from the O point to 8 degrees below
horizontal. The area of the windshield comprising Zone I must exhibit
no more than 2 degrees of arc when subjected to the optical distortion
test.
    We tentatively believe that testing only in these areas
sufficiently assesses the windshield's optical properties, given that
the eye ellipses appear to offer a good estimate of the windshield area
typically used by the driver and taking into account practicality
considerations. The performance requirements for Zones A and I are more
stringent than Zone B because Zones A and I represent the area of the
windshield used most by the driver to observe the forward roadway. Zone
B is also the area of the windshield closer to the edge where the
windshield displays greater curvature. Given that the agency is testing
the windshield at the angle of installation rather than at a
perpendicular angle, we have tentatively concluded that allowing a
maximum of 6 degrees of arc in the reduced Zone B at the margins of the
windshield is a reasonable approach to ensuring safe visibility through
the windshield. We believe that other than specifying an area of the
windshield to be tested, the procedure and performance requirements for
these tests are equivalent with those currently included in FMVSS No.
205.
    The secondary image test in paragraph S6.12 of today's proposed
regulatory text specifies two test procedures, only one of which the
glazing must meet to satisfy the test's requirements. The first test
measures secondary image separation by projecting the image of a target
through the windshield being tested and recording the secondary image
shift of the target. Other than only applying this test to the defined
vision testing areas described above, we believe that this procedure is
substantially the same as the procedure specified for testing secondary
image separation in paragraph <IP_ADDRESS> of ANSI Z26.1.
    The other is a collimation-telescope test. When a test piece
exhibiting a secondary image is placed between the collimator and the
telescope, a secondary image will appear on the polar co-ordinate
system. The secondary image separation of the test piece can be
determined by measuring the distance of the secondary image from the
center of the polar co-ordinate system. This procedure differs from the
procedure in ANSI Z26.1 where an image is projected through the test
piece and secondary image separation is determined by visual
inspection.
    The agency solicits comment on these proposed changes. We note that
in its previous comment, Solutia expressed concern that the GTR's
method of testing the windshield using the installation angle ``does
not provide for testing the optics for a driver looking down or to the
sides. A fixed angular test methodology can appropriately represent
skewed driver vision (down or to the sides) for all vehicles, and
reduces the test burden and ultimately costs for manufacturers.''

11. Chemical Resistance, Flammability and Change in Temperature Tests

    The current chemical resistance test, contained in paragraph S5.19
of ANSI Z26.1, is designed to ensure plastics have a minimum resistance
to common chemicals that are likely to be used for cleaning purposes in
motor vehicle service. The glazing is submerged in the test chemical
for one minute and then examined for tacking, crazing \31\ and loss of
transparency.
---------------------------------------------------------------------------

    \31\ Crazing refers to the condition in which the surface of the
glazing exhibits a mesh of fine cracks.
---------------------------------------------------------------------------

    ANSI Z.26.1 currently specifies two flammability tests, one for
glazing materials 1.27 mm (0.05 in) or less in thickness and one for
glazing materials thicker than 1.27 mm (0.05 in). The purpose of the
tests is to determine the burn rate of safety glazing. The test is
applicable to plastic glazing and the interior face of glass-plastic
glazing.
    Paragraph 5.23.2 of ANSI Z26.1, applicable to thin glazing
materials, specifies that the sample be placed in a heat shield with a
viewing window. The test is conducted by pouring a drop of toluene \32\
on the surface of the specimen. The toluene is then lit and the burn
area of the specimen is noted to determine compliance with the test.
    Paragraph 5.24.2 of ANSI Z26.1 sets forth the flammability test
applicable to thicker glazing materials. The test requires the specimen
to be clamped over a Bunsen burner that is then lit for 30 seconds. If
the specimen does not continue to burn at the end of the first
ignition, the specimen is then lit for an additional 30 seconds. The
performance specifications require that the burn rate of the specimen
not exceed 1.48 millimeter per second (mm/s) (3.5

inches per minute (in/m)). The specimen is deemed to have passed if the
burn area of the specimen does not exceed 102 mm (4 in) in length after
the second ignition.
---------------------------------------------------------------------------

    \32\ Toluene is an aromatic hydrocarbon that is sometimes used
as an additive to boost the octane level in gasoline.
---------------------------------------------------------------------------

    Paragraph 5.28 of ANSI Z26.1 contains a resistance to temperature
change test. The purpose of the test is to verify that plastic and
glass plastic glazing is capable of withstanding changes in temperature
without deterioration. Two samples are subjected to a temperature of -
45 [deg]C to -35 [deg]C (-49 [deg]F to -31 [deg]F) for six hours. After
being conditioned to an equilibrium temperature for one hour, the
samples are subjected to a temperature of 70 [deg]C to 74 [deg]C (158
[deg]F to 166 [deg]F) for three hours. After completion of the test,
the samples are examined for evidence of cracking, clouding,
delaminating or other deterioration.
Proposed Change
    The GTR specifies chemical resistance, flammability, and change in
temperature tests for glass-plastic glazing. We believe that the
chemical resistance test of the GTR, reflected in paragraph S6.14 of
today's proposed regulatory text, and the change in temperature test
reflected in paragraph S6.9 are substantially the same as those in the
currently applicable version of ANSI Z26.1.
    The flammability test reflected in paragraph S6.13 of today's
proposed regulatory text is similar to the test for thick glazing
specified in paragraph 5.24 of ANSI Z26.1. The GTR does not specify
different test procedures for different thicknesses of glazing, but
does specify differing burn rates for glazing materials based on their
thicknesses. The flammability test in the GTR reduces the burn time of
the sample from thirty to fifteen seconds. Furthermore, the GTR does
not require a second ignition if the specimen does not continue to burn
after the flame source is extinguished.
    Under the GTR procedures proposed today for adoption into FMVSS No.
205, a combustion chamber is used to conduct the burn test. Under the
proposed test, the sample is inserted into the combustion chamber, in
which the flame is already burning. This procedure differs from the
current requirements of paragraph 5.24 of ANSI Z26.1 where the sample
is clamped above an unlit Bunsen burn which is later lit to begin the
test.
    The agency seeks comment on the proposed changes, including the
proposed use of a combustion chamber. In its previous comment, Solutia
expressed concern that the GTR compromising safety by specifying that
gas flow is cut off after 15 seconds instead of after 30 seconds, as in
the current FMVSS No. 205 test. Mr. Turnbull believed that the GTR test
was unnecessarily complex and outdated. We note that the specifications
for the combustion chamber are very detailed and request comment on the
appropriateness of the high degree of specificity in FMVSS No. 205.

12. Penetration Resistance

    Paragraph 5.26 of ANSI Z26.1 specifies a penetration resistance
test for laminated glass to assess the glazing's resistance to
penetration by heavy objects, such as body parts, that may come into
contact with the glazing in the event of a crash. During the test, a
2.268 kilogram (kg) (5 lb) steel ball is dropped from a height of 3.66
m (12 ft) so that it strikes the center of the interior surface of the
glazing material mounted on the vehicle. The test sample is allowed to
crack and the reinforced interlayer is allowed to tear but ten of the
twelve samples tested must prevent the ball from passing through the
sample.
Proposed Change
    We believe that the penetration resistance test is essentially the
same in paragraph S5.26 of ANSI Z26.1 and in the GTR, reflected in
paragraph S6.4 of today's proposed regulatory text. ANSI Z26.1 tests
penetration resistance using a 2.27 kg (5 lb) steel ball dropped from a
height of 3.7 m (12 ft) whereas the GTR test uses a 2.26 kg (5 lb)
steel ball dropped from a height of 4 m (13.12 ft). The performance
requirements for each test slightly differ. Under the current FMVSS No.
205 requirement, 8 of 10 test samples are required to pass the test,
while the GTR would require 11 of 12 samples to pass the test.
    Comments are requested on these changes. The agency does not
believe that these differences will impact the severity of the test or
have an impact on the safety performance of the glazing. Yet, in his
previous comment, Mr. Turnbull expressed concern that subtle changes
may have implications that should be studied. He stated that because of
its brittle nature, glass is known to have some degree of uncertainty
in fracture behavior. He stated that to reliably and predictably meet
the current FMVSS No. 205 requirement, a Mean Support Height (MSH) of
about 15 ft is required. The commenter was concerned that to meet an
increase in drop height and the new \11/12\ (92 percent) support
criteria, an increase in MSH may be required, which would be met
``through changes in glass or interlayer type or thickness.'' Comments
are requested on the cost impacts of meeting the proposed requirements;
please provide data to support your comments.

13. Optional Strength Test

    The GTR also includes an optional strength test which uses a 10 kg
(22 lb) spherical or semi-spherical wooden headform dropped from a
height of 1.5 m (4.92 ft). This test is optional at the discretion of
the Contracting Party. The test is based on a test required by
Regulation 43 of the Economic Commission for Europe (UNECE R43) and the
Japanese glazing standard. The primary purpose of the test is to judge
penetration resistance. The test is currently not included in FMVSS No.
205.
    We have tentatively determined that the headform test is not needed
in FMVSS No. 205. Penetration resistance would be assessed in today's
proposal by the 2.26 kg (5 lb) ball drop test; there is no test similar
to the headform drop in our current FMVSS No. 205. We do not believe
that the headform test would provide any additional safety benefits
beyond the 2.26 kg (5 lb) ball drop penetration test.
    We seek comment on our tentative decision that the headform test is
not needed in the proposed revisions to FMVSS 205. In its previous
comment, PPG was critical of the agency's supporting not including the
headform test as a mandatory test under the GTR. PPG disagreed with the
agency's statement that the headform test duplicated other tests in the
GTR, stating that the headform test is a test of occupant egress while
the other tests in the GTR assess the glazing's resistance to
penetration from the exterior of the vehicle. In response, both the
headform test and the 2.26 kg (5 lb) ball drop test assess the
windshield's resistance to penetration on the face of the windshield
mounted on the interior of the passenger compartment. Thus, both tests
appear to measure the glazing's resistance to occupant egress. For this
reason, the agency tentatively believes that the headform test would be
redundant and would not offer any additional safety benefit.

V. Differences Between GTR and Agency Proposal

    There are some minor differences in the agency's proposal and the
text of the GTR as approved by the Contracting Parties. Some of these
changes are necessary to simplify the regulation and to enhance the
GTR's suitability as a self certification standard as opposed to a type
approval standard. In amending the

text of the GTR, the agency has endeavored to retain all test
procedures and performance requirements as they appeared in the
document approved by the Contracting Parties.
    The GTR contains definitions of the H-point and seating reference
point. The terms H-point and seating reference point are currently
defined in 49 CFR 571.3. The agency seeks comment on the
appropriateness of retaining the definitions for these terms in 49 CFR
571.3 in order to maintain consistence of definitions throughout the
FMVSSs.
    Both the abrasion resistance test in paragraph S6.5 and the
luminous transmittance test in paragraph S6.11 utilize the same light
source to project light through the test pieces. The text of the GTR as
approved by the Contracting Parties described the specifications for
the light source twice, once in test procedure for the abrasion
resistance test and once in the test procedure for the luminous
transmittance test. The agency proposal only specifies the light source
once in paragraph S<IP_ADDRESS> and then the test procedure for the luminous
transmittance test references this paragraph. The agency seeks comment
on the appropriateness of this change.
    The abrasion resistance wheel described in paragraph S6.5, is the
same as the wheel specified in ISO Standard 3537, Road vehicles--Safety
glazing materials--Mechanical tests, March 1999. The agency is
considering removing the description of the abrasion resistance wheel
in paragraph S6.5 and simply incorporating the description of the wheel
in ISO 3537 by reference. They agency seeks comment on the
appropriateness of this change.
    The agency has made several changes to the fire resistance test
specified in paragraph S6.13 of the agency proposal (paragraph 6.14 of
GTR No. 6) to remove specifications for equipment that the agency
believes does not impact the results of the test. The agency has
removed the specifications for the drip pan and support stand for the
combustion chamber specified in paragraph <IP_ADDRESS>.5 of GTR No. 6. The
agency has removed the specification for the metal comb in paragraph
<IP_ADDRESS> of GTR No. 6 because the agency does not believe that this
piece of equipment is necessary for testing glazing's resistance to
fire. The agency has also removed the specification for a stop watch
because we do not believe that it is necessary to describe this piece
of equipment on the regulatory text.
    The agency had also modified the test procedure contained in the
agency proposal to remove steps in the procedure that we did not
believe were needed to test the properties of the glazing to which the
fire resistance test would be applied. The agency proposal does not
include the conditioning specification contained in GTR No. 6 paragraph
<IP_ADDRESS> because a conditioning period ranging from 24 hours to 7 days
did not seem necessary to test glazing's resistance to flammability.
    The agency proposal does not include paragraph <IP_ADDRESS> of GTR No.
6 because glazing possess a smooth face and the agency does not believe
that it is necessary to condition glazing to remove napping or tufting.
    The agency seeks comment on its decision to remove these paragraphs
of the GTR from the agency's proposal. The agency solicits comment on
whether additional paragraphs should be removed from S6.13 or any of
the other test requirements contained in the proposal.

VI. Proposed Compliance Date

    NHTSA proposes a compliance date of one year after publication of a
final rule for the changes proposed in this NPRM. The agency believes
that one year is a sufficient timeframe for manufacturers of automotive
safety glazing to begin complying with the amended requirements.
Substantial similarities between the provisions of the proposed rule
and the current standard should enable glazing manufacturers to readily
comply with the proposed rule's requirements. Comments are requested on
the compliance date and on whether optional early compliance should be
permitted.

VII. Regulatory Notices and Analyses

Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563, and DOT Regulatory Policies and Procedures

    The agency has considered the impact of this rulemaking action
under E.O. 12866, E.O. 13563, and the Department of Transportation's
regulatory policies and procedures. This rulemaking was not reviewed by
the Office of Management and Budget under E.O. 12866, ``Regulatory
Planning and Review.'' The rulemaking action has also been determined
to be not significant under the Department's regulatory policies and
procedures. (44 FR 11034; February 26, 1979).
    Today's NPRM proposes to harmonize FMVSS No. 205 with glazing
requirements of other industrialized countries, by modernizing the test
procedures for tempered glass, laminated glass, and glass-plastic
glazing used in front and rear windshields and side windows. Most of
the changes in this proposal would be minor amendments that harmonize
differing measurements and performance requirements for similar test
procedures. Many of the tests in the GTR are substantially similar to
tests currently included in FMVSS No. 205. We believe that the most
significant proposals in the GTR include an improved fragmentation test
designed to test the tempering of curved tempered glass, and a new
procedure for testing optical properties of the windshield at the angle
of installation to better reflect real world driving conditions.
    The agency concludes that the impacts of the proposed changes are
so minimal that preparation of a full regulatory evaluation is not
required. The testing costs for the GTR are expected to be similar to
the testing costs for ECE Regulation 43, Safety Glazing Materials. The
cost of testing a windshield (laminated glass) to ANSI Z26.1 is
estimated to be between $800 and $1,000 and the cost of testing a
windshield to ECE Regulation 43 is estimated to be around $2,500. The
testing cost for side windows (tempered glass) is estimated to be $400
more for ECE Regulation 43 than for ANSI Z26.1. Those manufacturers
only testing to ANSI Z26.1 would experience increased testing costs of
between $1,900 and $2,100. Those manufacturers currently testing to
both standards would experience a net savings. Because we do not know
how many manufacturers are testing to multiple glazing standards, we
cannot directly estimate the overall economic impact of the proposal.
However, we do not believe that the economic impacts of this proposal
would be greater than $0.009 to $0.01 per vehicle for a new make and
model based on the possible increase in testing costs of $1,900 to
$2,100 divided by an average vehicle design lifetime sales of 210,000.
    With regard to benefits, the agency cannot quantify the safety
benefits resulting from this rulemaking. However, the agency
anticipates that, by formally harmonizing standards with other
countries, this proposal would reduce compliance costs worldwide
because manufacturers will not have to certify compliance to as many
different tests for different markets. In addition, formal
harmonization also improves safety by assisting us in adopting best
safety practices from around the world and, identifying and reducing
unwarranted regulatory requirements. The harmonization process also
allows manufacturers to focus their compliance and safety resources on
glazing regulations whose differences

government experts have worked to converge as narrowly as possible.
Compliance with a single standard will enhance design flexibility and
allow manufacturers to design vehicles that better meet safety
standards, resulting in safer vehicles.

National Environmental Policy Act

    We have reviewed this proposal for the purposes of the National
Environmental Policy Act and determined that it would not have a
significant impact on the quality of the human environment.

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' 13 CFR 121.105(a). No regulatory
flexibility analysis is required if the head of an agency certifies the
rule will not have a significant economic impact on a substantial
number of small entities.
    NHTSA has considered the effects of this NPRM under the Regulatory
Flexibility Act. Since this proposal is not anticipated to have a
significant economic impact on any entities, I certify that this NPRM
will not have a significant economic impact on a substantial number of
small entities. Today's NPRM proposes to harmonize FMVSS No. 205 with
glazing requirements of other industrialized countries, by modernizing
the test procedures for tempered glass, laminated glass, and glass-
plastic glazing used in front and rear windshields and side windows.
Most of the changes in this proposal would be minor amendments that
would harmonize differing measurements and performance requirements for
similar test procedures. Many of the tests in the GTR are substantially
similar to tests currently included in FMVSS No. 205. The agency
anticipates a minimal cost difference between our current requirements
and the cost of compliance to the standard proposed in this NPRM.
    The agency anticipates that this proposal would reduce compliance
costs because manufacturers will not have to certify compliance to as
many different tests for different markets.
    Small organizations and small government units would not be
significantly affected since this proposed action would not affect the
price of glazing or motor vehicles.

Executive Order 13132 (Federalism)

    NHTSA has examined today's proposed rule pursuant to Executive
Order 13132 (64 FR 43255, August 10, 1999) and concluded that no
additional consultation with States, local governments or their
representatives is mandated beyond the rulemaking process. The agency
has concluded that the rulemaking would not have sufficient federalism
implications to warrant consultation with State and local officials or
the preparation of a federalism summary impact statement. The proposed
rule would not have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
    NHTSA rules can preempt in two ways. First, the National Traffic
and Motor Vehicle Safety Act contains an express preemption provision:
When a motor vehicle safety standard is in effect under this chapter, a
State or a political subdivision of a State may prescribe or continue
in effect a standard applicable to the same aspect of performance of a
motor vehicle or motor vehicle equipment only if the standard is
identical to the standard prescribed under this chapter. 49 U.S.C.
30103(b)(1). It is this statutory command by Congress that preempts any
non-identical State legislative and administrative law addressing the
same aspect of performance.
    The express preemption provision described above is subject to a
savings clause under which ``[c]ompliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person from
liability at common law.'' 49 U.S.C. 30103(e) Pursuant to this
provision, State common law tort causes of action against motor vehicle
manufacturers that might otherwise be preempted by the express
preemption provision are generally preserved. However, the Supreme
Court has recognized the possibility, in some instances, of implied
preemption of such State common law tort causes of action by virtue of
NHTSA's rules, even if not expressly preempted. This second way that
NHTSA rules can preempt is dependent upon there being an actual
conflict between an FMVSS and the higher standard that would
effectively be imposed on motor vehicle manufacturers if someone
obtained a State common law tort judgment against the manufacturer,
notwithstanding the manufacturer's compliance with the NHTSA standard.
Because most NHTSA standards established by an FMVSS are minimum
standards, a State common law tort cause of action that seeks to impose
a higher standard on motor vehicle manufacturers will generally not be
preempted. However, if and when such a conflict does exist--for
example, when the standard at issue is both a minimum and a maximum
standard--the State common law tort cause of action is impliedly
preempted. See Geier v. American Honda Motor Co., 529 U.S. 861 (2000).
    Pursuant to Executive Order 13132 and 12988, NHTSA has considered
whether this proposed rule could or should preempt State common law
causes of action. The agency's ability to announce its conclusion
regarding the preemptive effect of one of its rules reduces the
likelihood that preemption will be an issue in any subsequent tort
litigation.
    To this end, the agency has examined the nature (e.g., the language
and structure of the regulatory text) and objectives of today's
proposed rule and finds that this proposed rule, like many NHTSA rules,
would prescribe only a minimum safety standard. As such, NHTSA does not
intend that this proposed rule would preempt state tort law that would
effectively impose a higher standard on motor vehicle manufacturers
than that established by today's proposed rule. Establishment of a
higher standard by means of State tort law would not conflict with the
minimum standard proposed here. Without any conflict, there could not
be any implied preemption of a State common law tort cause of action.

Executive Order 12988 (Civil Justice Reform)

    With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729; Feb. 7, 1996), requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) specifies
whether administrative proceedings are to be required before

parties file suit in court; (6) adequately defines key terms; and (7)
addresses other important issues affecting clarity and general
draftsmanship under any guidelines issued by the Attorney General. This
document is consistent with that requirement.
    Pursuant to this Order, NHTSA notes as follows. The issue of
preemption is discussed above. NHTSA notes further that there is no
requirement that individuals submit a petition for reconsideration or
pursue other administrative proceedings before they may file suit in
court.

Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires federal agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted for inflation with base year of
1995). Adjusting this amount by the implicit gross domestic product
price deflator for 2010 results in $136 million (110.659/81.536 =
1.36). This NPRM will not result in any expenditure by State, local, or
tribal governments or the private sector. Thus, this NPRM is not
subject to the requirements of sections 202 and 205 of the UMRA.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, a person is not required
to respond to a collection of information by a Federal agency unless
the collection displays a valid OMB control number. There is not any
information collection requirement associated with this NPRM. We do not
anticipate any significant changes in current labeling and
certification requirements for glazing manufacturers.

Executive Order 13045

    Executive Order 13045 \33\ applies to any rule that: (1) Is
determined to be economically significant as defined under E.O. 12866,
and (2) concerns an environmental, health or safety risk that NHTSA has
reason to believe may have a disproportionate effect on children. If
the regulatory action meets both criteria, we must evaluate the
environmental health or safety effects of the proposed rule on
children, and explain why the proposed regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by us.
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    \33\ 62 FR 19885 (Apr. 23, 1997).
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    This proposed rule does not pose such a risk for children. The
primary effects of this proposal are to update the requirements
applicable to automotive glazing.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary
consensus standards in its regulatory activities unless doing so would
be inconsistent with applicable law (e.g., the statutory provisions
regarding NHTSA's vehicle safety authority) or otherwise impractical.
    Voluntary consensus standards are technical standards developed or
adopted by voluntary consensus standards bodies. Technical standards
are defined by the NTTAA as ``performance-based or design-specific
technical specification and related management systems practices.''
They pertain to ``products and processes, such as size, strength, or
technical performance of a product, process or material.''
    Examples of organizations generally regarded as voluntary consensus
standards bodies include the American Society for Testing and Materials
(ASTM), the Society of Automotive Engineers (SAE), and the American
National Standards Institute (ANSI). If NHTSA does not use available
and potentially applicable voluntary consensus standards, we are
required by the Act to provide Congress, through OMB, an explanation of
the reasons for not using such standards.
    In this proposal to adopt the glazing GTR, the agency is working to
adopt a global consensus standard. While the proposed rule would
decrease the standard's reliance on the currently referenced voluntary
consensus standard ANSI Z26.1, we believe that our proposal to adopt
the glazing GTR also satisfies the requirements of NTTAA. The GTR was
developed by a global regulatory body and is designed to increase
global harmonization of differing vehicle standards. Thus, we believe
this NPRM satisfies NTTAA's command that agencies consider voluntary
consensus standards in regulations.

Executive Order 13211

    Executive Order 13211 \34\ applies to any rule that: (1) is
determined to be economically significant as defined under E.O. 12866,
and is likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (2) that is designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. If the regulatory action meets either
criterion, we must evaluate the adverse energy effects of the proposed
rule and explain why the proposed regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by NHTSA.
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    \34\ 66 FR 28355 (May 18, 2001).
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    The proposed rule seeks to harmonize the requirements of automotive
safety glazing with those of other industrialized countries. The
proposed rule will not affect the energy efficiency of motor vehicles
is a negative manner. Therefore, this proposed rule will not have any
adverse energy effects. Accordingly, this proposed rulemaking action is
not designated as a significant energy action.

Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.

Plain Language

    Executive Order 12866 requires each agency to write all rules in
plain language. Application of the principles of plain language
includes consideration of the following questions:
     Have we organized the material to suit the public's needs?
     Are the requirements in the rule clearly stated?
     Does the rule contain technical language or jargon that
isn't clear?
     Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
     Would more (but shorter) sections be better?
     Could we improve clarity by adding tables, lists, or
diagrams?
     What else could we do to make the rule easier to
understand?
    If you have any responses to these questions, please include them
in your comments on this proposal.

Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the

name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an organization, business, labor union,
etc.). You may review DOT's complete Privacy Act statement in the
Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78) or you may visit http://www.dot.gov/privacy.html.

VIII. Public Participation

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.\35\ 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.
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    \35\ See 49 CFR 553.21.
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    Please submit your comments by any of the following methods:
     Federal eRulemaking Portal: go to http://www.regulations.gov. Follow the instructions for submitting comments on
the electronic docket site by clicking on ``Help'' or ``FAQ.''
     Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern
Time, Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    If you are submitting comments electronically as a PDF (Adobe)
file, we ask that the documents submitted be scanned using Optical
Character Recognition (OCR) process, thus allowing the agency to search
and copy certain portions of your submissions.\36\
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    \36\ Optical character recognition (OCR) is the process of
converting an image of text, such as a scanned paper document or
electronic fax file, into computer-editable text.
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    Please note that pursuant to the Data Quality Act, in order for
substantive data to be relied upon and used by the agency, it must meet
the information quality standards set forth in the OMB and DOT Data
Quality Act guidelines. Accordingly, we encourage you to consult the
guidelines in preparing your comments. OMB's guidelines may be accessed
at http://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's
guidelines may be accessed at http://dmses.dot.gov/submit/DataQualityGuidelines.pdf.

How can I be sure that my comments were received?

    If you submit your comments by mail and wish Docket Management to
notify you upon its receipt of your comments, enclose a self-addressed,
stamped postcard in the envelope 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. 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.\37\
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    \37\ See 49 CFR part 512.
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    In addition, you should submit a copy, from which you have deleted
the claimed confidential business information, to the Docket by one of
the methods set forth above.

Will the agency consider late comments?

    We will consider all comments received before the close of business
on the comment closing date indicated above under DATES. To the extent
possible, we will also consider comments received after that date.
Therefore, if interested persons believe that any new information the
agency places in the docket affects their comments, they may submit
comments after the closing date concerning how the agency should
consider that information for the final rule.
    If a comment is received too late for us to consider 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 materials placed in the docket for this document
(e.g., the comments submitted in response to this document by other
interested persons) at any time by going to http://www.regulations.gov.
Follow the online instructions for accessing the dockets. You may also
read the materials at the Docket Management Facility by going to the
street address given above under ADDRESSES. The Docket Management
Facility is open between 9 a.m. and 5 p.m. Eastern Time, Monday through
Friday, except Federal holidays.

List of Subjects in 49 CFR Part 571

    Imports, Incorporation by reference, Motor vehicle safety, Motor
vehicles, Rubber and rubber products, and Tires.

    In consideration of the foregoing, we propose to amend 49 CFR part
571 to read as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for part 571 continues to read as
follows:

    Authority:  49 U.S.C. 322, 20111, 30115, 30166 and 30177;
delegation of authority at 49 CFR 1.50.

    2. Section 571.5 is amended by adding paragraphs (h)(2)(n), (n)(1)
through (n)(4), to read as follows:

Sec.  571.5  Matter incorporated by reference.

* * * * *
    (h) * * *
    (2) CIE S010/E:2004, Photometry--The CIE System of Physical
Photometry, into Sec.  571.205.
* * * * *
    (n) International Organization for Standardization (ISO), 1, ch. de
la Voie-Creuse, Case postale 56, CH-1211 Geneva 20, Switzerland.
Telephone +41 22 749 01 11. Web site: http://www.iso.org/iso/home.htm.
    (1) ISO Standard 6549, Road Vehicles--Procedure for H- and R-point
determination, December 16, 1999, into Sec.  571.205.
    (2) ISO Standard 4130 Road Vehicles--Three-dimensional reference
system and fiducial marks, August 1, 1978, into Sec.  571.205.
    (3) ISO Standard 2768-1: 1989, General Tolerances--Part 1:
Tolerances for linear and angular dimensions without individual
tolerance indications, into Sec.  571.205.
    (4) ISO Standard 2768-2: 1989, General Tolerances--Part 2:
Geometrical tolerances for features without individual tolerance
indications, into Sec.  571.205.
* * * * *
    3. Section 571.205 is revised to read as follows:

Sec.  571.205  Standard No. 205; Glazing materials.

    S1. Scope. This standard specifies requirements for glazing
materials for

use in motor vehicles and motor vehicles equipment.
    S2. Purpose. The purpose of this standard is to reduce injuries
resulting from impact to glazing surfaces, to ensure a necessary degree
of transparency in motor vehicle windows for driver visibility, and to
minimize the possibility of occupants being thrown through the vehicle
windows in collisions.
    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, to
low speed vehicles, and to glazing materials for use in those vehicles.
    S4. Definitions. Whenever this standard requires compliance with
ANSI/SAE Z26.1-1996 (incorporated by reference, see Sec.  571.5), the
definitions used in that standard shall apply unless directly provided
for otherwise in this Standard No. 205. Other than that exception, the
following terms are defined:
    Bullet resistant glazing means glazing constructed so as to be
resistant to firearms.
    Bullet resistant shield means a shield or barrier that is installed
completely inside a motor vehicle behind and separate from glazing
materials that independently comply with the requirements of this
standard.
    Camper means a structure designed to be mounted in the cargo area
of a truck, or attached to an incomplete vehicle with motive power, for
the purpose of providing shelter for persons.
    Design glass outline means the design maximum unobstructed vehicle
aperture designated to be glazed, before the glazing is installed or
mounted, including all trims, but excluding obscuration bands.
    Double-glazed unit means an assembly of two panes permanently
assembled in manufacture and separated by a gap.
    Symmetrical double-glazed unit means a double-glazed unit where the
two component panes are identical (e.g., both tempered glass).
    Asymmetrical double-glazed unit means a double-glazed unit where
the two component panes are not identical (e.g., one is tempered glass
and the other is laminated glass).
    Design seat-back angle means the angle between the vertical line
through the R point, as determined by ISO Standard 6549, Road
Vehicles--Procedure for H- and R-point determination, December 16,
1999, (incorporated by reference, see Sec.  571.5), and the torso line
defined by the vehicle manufacturer.
    Double window means an assembly of two individual panes separately
installed within the same opening in the vehicle.
    Eye-Point means the ``O'' Point.
    Glass-plastics means glazing consisting of any glazing material
which comprises one layer of glass and one or more layers of plastic in
which a plastic surface of the product faces the inner side.
    Glazing faced with plastics means either tempered-glass or
laminated-glass with a layer of plastic on the inner side.
    Glazing requisite for the driver's forward field of vision means
all the glazing forward of a plane passing through the driver's ``R''
point, as determined by ISO Standard 6549, Road Vehicles--Procedure for
H- and R-point determination, December 16, 1999, (incorporated by
reference, see Sec.  571.5), and perpendicular to the longitudinal
median plane of the vehicle, through which the driver can view the road
when driving or maneuvering the vehicle.
    Glazing requisite for the driver's rearward field of vision means
all glazing rearward of a plane passing through the driver's ``R''
point, as determined by ISO Standard 6549, Road Vehicles--Procedure for
H- and R-point determination, December 16, 1999, (incorporated by
reference, see Sec.  571.5), and perpendicular to the longitudinal
median plane of the vehicle, through which the driver can view the road
when driving or maneuvering the vehicle.
    ``H'' Point means the pivot center of the torso and thigh of the 3
DH machine installed in the vehicle seat. The 3 DH machine corresponds
to that described in ISO Standard 6549, Road Vehicles--Procedure for H-
and R-point determination, December 16, 1999, (incorporated by
reference, see Sec.  571.5) (The coordinates of the H point are
determined in relation to the fiducial marks defined by the vehicle
manufacturer, according to the three-dimensional system corresponding
to ISO Standard 4130, Road Vehicles--Three-dimensional reference system
and fiducial marks, August 1, 1978, (incorporated by reference, see
Sec.  571.5)).
    Height of segment ``h'' means the maximum distance, measured at
right angles to the glazing, separating the inner surface of the
glazing from a plane passing through the ends of the glazing. (See
section 6.16, Figure 24.)
    Inclination angle of a windshield means the angle included between
a vertical line and a straight line passing through the top and bottom
edges of the inner side of the windshield, when both lines are
contained in the vertical plane through the longitudinal axis of the
vehicle.
    Inner side means the side of glazing which is facing towards the
passenger compartment when the material is mounted in the vehicle.
    Interlayer means any material designed to be used to hold together
the component layers of laminated-glass.
    Laminated-glass means glazing consisting of two or more layers of
glass held together by one or more inter-layers of plastic material.
    Nominal thickness means the manufacturer's design thickness with a
tolerance of  (n x 0.2 mm) where n equals the number of
glass layers in the glazing.
    ``O'' Point means the point located 625 millimeters (mm) above the
``R'' Point of the driver's seat in the vertical plane parallel to the
longitudinal median plane of the vehicle for which the windshield is
intended, passing through the axis of the steering wheel.
    Opaque obscuration means any area of the glazing preventing light
transmission, including any screen-printed area, whether solid or dot-
printed, but excluding any shade band.
    Optical deviation means the angle between the true and the apparent
direction of a point viewed through the windshield, the magnitude of
the angle being a function of the angle of incidence of the line of
sight, the thickness and inclination of the windshield, and the radius
of curvature ``r'' at the point of incidence.
    Optical distortion means an optical defect in a windshield that
changes the appearance of an object viewed through the windshield.
    Outer side means the side of glazing which is facing away from the
passenger compartment when the material is mounted in the vehicle.
    Pane means any single piece of glazing other than a windshield.
    Curved pane means a pane with a height of segment ``h'' greater
than 10 millimeters (mm) per linear meter.
    Flat pane means a pane with a height of segment equal to or less
than 10 mm per linear meter.
    Pickup cover means a camper having a roof and sides but without a
floor, designed to be mounted on and removable from the cargo area of a
truck by the user.
    Prime glazing manufacturer means a manufacturer that fabricates,
laminates, or tempers glazing materials.
    ``R'' Point means the seating reference point.
    Radius of curvature ``r'' means the smallest radius of arc of the
glazing as measured in the most curved area.

    Regular light transmittance means light transmittance measured
perpendicularly to the glazing.
    Sample means a specially prepared piece of glazing representative
of a finished product or a piece cut from a finished product.
    Seating reference point means the position of the H-point with the
driver's seat in the design driving position as defined by the vehicle
manufacturer.
    Secondary image means a spurious or ghost image, in addition to the
bright primary image, usually seen at night when the object being
viewed is very bright in relation to its surroundings, for example, the
headlights of an approaching vehicle.
    Secondary image separation means the angular distance between the
position of the primary and secondary images.
    Shade band means any area of the glazing with a reduced light
transmittance, excluding any opaque obscuration.
    Slide-in camper means a camper having a roof, floor, and sides,
designed to be mounted on and removable from the cargo area of a truck
by the user.
    Test piece means a sample or a finished product of glazing.
    Transparent area of the windshield means the glazing area contained
within the design glass outline, excluding any allowed opaque
obscuration (see paragraph S<IP_ADDRESS>.), but including any shade band.
    Uniformly tempered-glass means glazing consisting of a single layer
of glass which has been subjected to special treatment to increase its
mechanical strength and to condition its fragmentation after
shattering.
    Windshield means the glazing in front of the driver through which
the driver views the road ahead.
    S5 Requirements.
    S5.1 Glazing other than that composed of glass, laminated glass, or
glass faced with plastic; glazing manufactured for installation in
motorcycles, slide-in campers, and pickup covers designed to carry
persons while in motion; bullet resistant glazing. The following
glazing must conform to ANSI/SAE Z26.1-1996 (incorporated by reference,
see Sec.  571.5). Such glazing must also conform to other applicable
requirements in this S5.
    (a) Glazing other than that composed of glass, laminated glass, or
glass faced with plastic;
    (b) All glazing manufactured for installation in motorcycles,
slide-in campers, and pickup covers designed to carry persons while in
motion; and
    (c) Bullet resistant glazing.
    S5.1.1 For glazing subject to S5.1, glazing for use in multipurpose
passenger vehicles shall conform to the requirements for glazing for
use in trucks as specified in ANSI/SAE Z26.1-1996 (incorporated by
reference, see Sec.  571.5).
    S5.2 Glazing composed of glass, laminated glass, or glass faced
with plastic manufactured for installation in passenger cars,
multipurpose passenger vehicles, trucks and buses. Glazing composed of
glass, laminated glass, or glass faced with plastic manufactured for
installation in passenger cars, multipurpose passenger vehicles, trucks
and buses, must meet the requirements of this S5.2. Such glazing must
also conform to other applicable requirements in this S5.
    S5.2.1 Requirements applicable to all glazing composed of glass,
laminated glass, or glass faced with plastic.
    S<IP_ADDRESS> Light transmittance test
    S<IP_ADDRESS>.1 When tested in accordance with paragraph S6.10, the
light transmittance of glazing requisite for the driver's forward field
of vision shall not be less than 70 percent. Glazing in the windshield
and in side windows forward of a vertical plane tangent to the rearmost
point on the seat back when the seat is adjusted to its nominal upright
driving position and with the seating reference point in the most
rearward position, is requisite for the driver's forward field of
vision.
    S<IP_ADDRESS>.2 For passenger cars, when tested in accordance with
paragraph S6.10, the light transmittance of glazing requisite for the
driver's rearward field of vision shall not be less than 70 percent.
For trucks, buses, and multipurpose passenger vehicles, where other