[Federal Register Volume 64, Number 15 (Monday, January 25, 1999)]
[Notices]
[Pages 3739-3740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1584]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-99-4973]
Nissan Motors Corporation U.S.A.; Receipt of Application for
Decision of Inconsequential Noncompliance
Nissan Motor Corporation U.S.A. (Nissan) has determined that
certain 1998 and 1999 Nissan Frontier pickup trucks equipped with
automatic transmissions were not in full compliance with Federal Motor
Vehicle Safety Standard (FMVSS) No. 102, ``Transmission Shift Lever
Sequence, Starter Interlock, and Transmission Braking Effect,'' and has
filed an appropriate report pursuant to 49 CFR Part 573, ``Defect and
Noncompliance Reports.'' Nissan has also applied to be exempted from
the notification and remedy requirements of 49 U.S.C. Chapter 301--
``Motor Vehicle Safety'' on the basis that the noncompliance is
inconsequential to motor vehicle safety.
We are publishing this notice of receipt of an application as
required by 49 U.S.C. 30118 and 30120. This action does not represent
any agency decision or other exercise of judgment concerning the merits
of the application.
Under S3.1.4.1 of FMVSS No. 102, if a vehicle's transmission shift
lever sequence includes a park position, identification of the shift
lever positions (including the positions in relation to each other and
the position selected) shall be displayed in view of the driver under
two conditions: if the ignition is in a position where the transmission
can be shifted, or the transmission is not in park.
From September 1997 to August 1998, Nissan produced approximately
22,000 U.S. light trucks that use an electronic display in the
instrument panel to indicate transmission gear position. In these
vehicles, when the ignition key is in the ``OFF'' or ``ACCESSORY''
position, the selected gear position is not displayed. ``OFF'' refers
to the range of movement of the ignition key between the ``LOCK'' and
``ACCESSORY'' positions. The gear selector lever can be moved while the
ignition switch is in ``OFF'' or ``ACCESSORY.'' There is no detent for
``OFF'' as the key is rotated nor is ``OFF'' labeled on the ignition
switch.
[[Page 3740]]
There is a detent for ``ACCESSORY'' and it is labeled on the ignition
switch. Nissan believes that it is highly unlikely that a driver would
actually turn and leave the key in the ``OFF'' position. Nissan states
that the affected vehicles do comply with all other requirements of
FMVSS 102.
Nissan supports its application for inconsequential noncompliance
with the following statements:
The situation involving the Frontier trucks is essentially the same
as that described in an inconsequentiality petition filed by General
Motors Corporation in 1993 and granted by NHTSA. See 58 FR 16735, March
30, 1993 and 58 FR 33296, June 16, 1993. The petitioner in that matter
stated that, on certain of its vehicles, the PRNDL display would not be
illuminated if the transmission was left in a position other than
``PARK'' when the ignition key was turned ``OFF.'' The petitioner noted
that the vehicles in question complied with FMVSS 102 during normal
ignition activation and vehicle operation. In that matter, NHTSA
concluded that since the noncompliance did not occur during times that
the affected vehicles were operated, ``the noncompliance presents no
discernible threat to safety.'' See 58 FR 33297.
As NHTSA noted in proposing the current version of the standard (49
FR 3240911, August 25, 1988), the purpose of the display requirement is
to ``provide the driver with transmission position information for the
vehicle conditions where such information can reduce the likelihood of
shifting errors.'' In all but the rarest circumstances, the primary
function of the transmission display is to inform the driver of gear
selection and relative position of the gears while the engine is
running.
In the case of the Nissan trucks, the selected gear position and
PRNDL display are always visible when the engine is running. The
selected gear position is not shown in the instrument panel electronic
display if the engine is turned off. If the ignition key is rotated to
the ``ON'' position, the selected gear position immediately
illuminates. If the transmission is in ``PARK'' and the engine is
started, the selected gear position becomes immediately visible.
If the driver seeks to start the truck when the transmission is not
in the ``PARK'' or ``NEUTRAL'' position, ignition would be impossible,
as required under FMVSS 102. As soon as the ignition key is rotated to
the ``ON'' or ``START'' position, the selected gear would become
immediately apparent as the display is illuminated under these
conditions. This means that the engine will only start under the
condition that the PRNDL and selected gear position are visible to the
driver.
Because the movement of the shift lever to place the transmission
in ``PARK'' is the same on all vehicles using a column-mounted shift
lever, that is, pulled toward the driver and then moved all the way to
the left, most drivers do not rely on the PRNDL display to ensure the
transmission is in ``PARK.'' This means that it is highly unlikely a
driver attempting to place the transmission in ``PARK'' would fail to
do so even if the gear position was not visible on the PRNDL display.
If the driver were to attempt to remove the key before exiting the
vehicle while erroneously believing that the transmission is in
``PARK'' (with the ignition key being in the ``OFF'' or ``ACCESSORY''
position), it would be impossible to remove the key from the ignition.
This would alert drivers that the transmission was not in ``PARK'' and
cause them to put it in ``PARK'' so that they could remove the key. If
the driver opens the door before attempting to remove the key, the
FMVSS 114 audible warning would sound when the door is opened,
providing further indication of the improper gear selection. As stated
by NHTSA, exiting the vehicle in these circumstances ``would be limited
to the rare situation.'' See 54 FR 29042, 29044 (July 11, 1989).
Nissan believes that the theoretical risk of one of the subject
vehicles rolling away after the driver exits the vehicle because they
failed to place the transmission in ``PARK'' and/or to engage the
parking brake while leaving the key in the ignition switch in the
``OFF'' or ``ACCESSORY'' position so that the selected gear is not
displayed in the PRNDL is no higher than in a vehicle in which the
PRNDL display is working properly.
Although there may be rare circumstances when it would be useful to
know the gear position when the engine is off, this information is
provided by the shift lever position. Moreover, the electronic display
can be illuminated simply by turning the key to the ``ON'' position. As
noted above and as stated in the final notice granting the General
Motors petition, ``in all but the rarest circumstances, the primary
function of the PRNDL display is to inform the driver of gear selection
and relative position of the gears while the engine is running.'' See
58 FR 33297.
The gear selector lever on these trucks cannot be moved from the
``PARK'' position if the key is not in the ignition switch. Therefore,
the fact that the selected gear is not displayed in the PRNDL with the
ignition key in the ``OFF'' or ``ON'' position has no relevance when
the key is not in the switch.
Nissan has no record of any customer complaint or accident report
that could be associated with or attributed to this condition.
We invite you to comment in writing on Nissan's application.
Comments should refer to the docket number and be submitted in two
copies to: U.S. Department of Transportation, Docket Management, Room
PL-401, 400 Seventh Street, S.W., Washington, D.C. 20590.
We will consider comments received before the close of business on
the closing date indicated below. We will file the application and
supporting materials. We will consider, to the extent possible, all
comments received after the closing date. When we grant or deny the
application, we will publish the notice in the Federal Register.
Comment closing date: February 24, 1999.
(49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and
501.8)
Issued on: January 19, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-1584 Filed 1-22-99; 8:45 am]
BILLING CODE 4910-59-P
