AGC Notifies NHTSA of Improperly Marked Rear Privacy Glass; Asks for Exemption from Recall

AGC Glass Company North America has notified the National Highway Traffic Safety Administration that “certain rear privacy glass manufactured as replacement glass for certain model year (MY) 2013-2017 Jeep Compass motor vehicles does not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials” due to an incorrect marking on the glass. The company is requesting a decision from the National Highway Traffic Safety Administration (NHTSA) that the noncompliance be named inconsequential as it relates to motor safety and that it be exempted from a recall.

AGC filed a noncompliance report dated October 13, 2017, and submitted its petition that the subject noncompliance is inconsequential as it relates to motor vehicle safety on November 8.

Approximately 5,000 replacement privacy glass parts manufactured for replacement of the rear liftgate glass in certain MY 2013-2017 Jeep Compass motor vehicles and manufactured between January 16, 2013, and June 30, 2017, are potentially involved, according to the information submitted by Christopher Correnti, vice president, general counsel and secretary for AGC.

“AGC explains that the noncompliance is that the subject rear privacy glass parts do not fully comply with paragraph S6 of FMVSS No. 205,” writes the Office of the Federal Register. “Specifically, the replacement rear privacy glass has the AS2 (solar glazing) marking when it should have been marked with the AS3 (privacy glazing) marking.”

According to the report, AGC investigated the error and “performed testing on the parts it had in its possession that were not shipped to any customer to confirm the glass met all other FMVSSs. The glass met those standards.”

“In addition, AGC’s primary customer for these parts, conducted its own testing of parts that it had in their possession with the incorrect ‘AS2’mark in the logo. Those tests also confirmed that the AGC parts with the incorrect ‘AS2’ mark met all other required standards,” writes Correnti.

The company then determined that a Notice of Noncompliance Report had to be filed with NHTSA, but “stated its belief that the noncompliance is inconsequential as it relates to motor vehicle safety.”

Further, AGSC states that the logo error will not mislead or affect consumers.”

“ … the fact [that] there are vehicles on the road which have the incorrect “AS2” mark in the logo will not be misleading nor should it require any of those parts to be replaced, since the consumer will not know the difference, will not be misled by looking at the logo mark for this part, there will be no confusion about the performance or compliance of the parts with all applicable FMVSSs, and the error does not affect the safety of the vehicle,” reads the report. ‘Every consumer that had their rear lift gate replaced with privacy glass that included the logo with the incorrect ‘AS2’ mark still has exactly what they expected to receive and paid for regardless of this error—rear privacy glass for their Jeep Compass that does not pose any safety risk to them or others who may ride on their vehicle.”

NHTSA is seeking comments from those interested in the decision by May 11. Comments can be submitted electronically at https://www.regulations.gov/​ or can be faxed to 202/493-2251.

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