Grant of Application for Determination of Inconsequential Noncompliance with Federal Motor Vehicle Safety Standard 108Lamps, Reflective Devices and Associated Equipment

[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Notices]
[Page 44575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21184]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-5056; Notice 2]


Grant of Application for Determination of Inconsequential 
Noncompliance with Federal Motor Vehicle Safety Standard 108--Lamps, 
Reflective Devices and Associated Equipment

    General Motors Corporation (GM), determined that GM S10 Electric 
Trucks (S10 trucks equipped with an electric propulsion system) fail to 
meet the turn signal bulb outage requirements found in S5.5.6 of 
Federal Motor Vehicle Safety Standard (FMVSS) 108--Lamps, Reflective 
Devices and Associated Equipment. Pursuant to Title 49 of the United 
States Code, Sections 30118 and 30120, GM applied to the National 
Highway Traffic Safety Administration (NHTSA) for a decision that the 
noncompliance is inconsequential as it relates to motor vehicle safety. 
In accordance with 49 CFR 556.4(b)(6), GM also submitted a 49 CFR 573 
noncompliance notification to the agency .
    A notice of receipt of an application was published in the Federal 
Register (64 FR 27034) on May 18, 1999. Opportunity was afforded for 
comments until June 17, 1999. No comments were received.
    FMVSS 108 S5.5.6 requires:

    S5.5.6  Each vehicle equipped with a turn signal operating unit 
shall also have an illuminated pilot indicator. Failure of one or 
more turn signal lamps to operate shall be indicated in accordance 
with SAE Standard J588e, Turn Signal Lamps, September 1970, except 
when a variable-load turn signal flasher is used on a truck, bus, or 
multipurpose passenger vehicle 80 or more inches in overall width, 
on a truck that is capable of accommodating a slide-in camper, or on 
any vehicle equipped to tow trailers.

    The design of the S10 Electric Truck is based on the design of 
conventional S10 trucks powered by internal combustion engines, with 
modifications to accommodate the electric propulsion system. The 
conventional S10 trucks are capable of towing, have a variable load 
flasher, and, therefore, are not required by the Standard to provide 
bulb outage indication. The use of an S10 Electric Truck for towing is 
not practical and is not recommended. The impact of that fact was 
overlooked in the process of carrying over the design of the turn 
signal system from the conventional S10 to the S10 Electric and, 
therefore, the non complying vehicles were not equipped to indicate 
bulb outage and do not meet that requirement of FMVSS 108 S5.5.6. This 
was corrected in the 1998 model year production of the S10 Electric.
    GM believed that this noncompliance is inconsequential to motor 
vehicle safety for these reasons:
    The S10 Electric Trucks are identical in appearance to the normal 
production vehicles. Except for the lack of towing capability, the 
subject vehicles are functionally the same as fully compliant S10 
trucks.
    There were only 209 vehicles produced and, therefore, the exposure 
is extremely small.
    Most of the subject vehicles are part of commercial and government 
fleets (they have been purchased by electric utility companies and 
state and municipal government agencies). As such, they will be exposed 
to routine maintenance schedules that are more rigorous than the 
average consumer practices.
    Most trucks currently produced are capable of trailer towing and, 
thus, are not required to detect bulb outage. As a result, individuals 
and fleets who are accustomed to truck operation do not necessarily 
have an expectation that turn signal bulb outage will be indicated. In 
addition, other lamps required by FMVSS 108 are not required to provide 
bulb outage indication. As a result, the lack of that feature on these 
vehicles is not likely to be noticed by the vehicle operators, and they 
will continue to discover turn signal bulb outage the way they would on 
other trucks that are capable of towing.
    GM is not aware of field complaints due to the subject condition.
    GM asserted that the noncomplying trucks present the same level of 
safety as the millions of other vehicles with variable load flashers 
currently on the roads and highways. GM thus argued that this 
noncompliance is inconsequential as it relates to motor vehicle safety. 
In consideration of the foregoing, GM petitioned that it be exempted 
from the notification and remedy provisions of the Safety Act for this 
specific noncompliance with FMVSS No. 108.
    The agency recognizes that these electric vehicles are mainly used 
in fleet service and in such use do receive regular periodic 
maintenance where detection of the failure of a turn signal lamp and 
replacement thereof is more likely than in individual ownership of such 
a vehicle. Thus, the agency is convinced that this noncompliance is 
inconsequential to motor vehicle safety. The likelihood of these S10 
Electric Trucks having any sustained period of outage, relative to a 
normal S10, or even to vehicles with turn signal failure indication is 
expected to be a relatively infrequent event.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance 
described above is inconsequential to motor vehicle safety. 
Accordingly, its application is granted, and the applicant is exempt 
from providing the notification of noncompliance required by 49 U.S.C. 
30118, required by 49 CFR 30120.

(49 U.S.C. 30118 and 30120; delegations of authority at 49 CFR 1.50 and 
501.8)

    Issued on: August 10, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-21184 Filed 8-13-99; 8:45 am]
BILLING CODE 4910-59-P