AGC Automotive Americas Asks NHTSA for Exemption of FMVSS Compliance on Certain Backlites

The National Highway Traffic Safety Administration (NHTSA) has received a petition from AGC Flat Glass North America, doing business as AGC Automotive Americas Co., asking for Decision of Inconsequential Noncompliance over certain glazing the company manufactured as replacement automotive backlites for model-year 2003-2008 Toyota Matrix vehicles. AGC officials say the backlites do not fully comply with S5.1 and S5.7 of the Federal Motor Vehicle Safety Standard No. 205, Glazing Materials.

AGC has submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance “is inconsequential to motor vehicle safety.”

Approximately 1,435 backlites are affected and were manufactured by AGC on February 28, 2012. The glass is labeled “AGC Automotive, DOT-376 M2H5 AS2, 30B, Temperlite.”

As of May 23, 2014, approximately 941 of the backlites in question have already been removed from the stream of commerce, according to AGC officials.

“[T]he affected glazing does not fully comply with paragraph S5.1 of GMVSS No. 205 because some portions of the glass located in the wing area of the backlites may not fragment into pieces that are small enough to meet the standard set forth in ANSI Z26.1-1996 (fragment must weigh less than 4.25 g),” according to NHTSA’s report on the Federal Register.

“AGC stated its belief that the noncompliance exhibited by some glass fragments breaking into pieces that weight more than 4.25 g does not create a risk to motor vehicle safety for the following reasons:

1. AGC testing demonstrates that the noncompliant fragments have no adverse impact on the characteristics of the glass performing as tempered glass.

2. The design of the 2003-2008 Toyota Matrix leaves it unlikely to cause any safety risks to any vehicle occupant if the AGR backlite breaks.

3. AGC’s destructive testing confirmed all noncompliant fragments do not impact the safety of the vehicle and its occupants.”

AGC says that it has “corrected the noncompliance so that all future production of the subject glazing will fully comply with FMVSS No. 205.”

The petition to NHTSA has an open comment period until September 15, 2014. To read the petition or comment, click here.