[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Notices]
[Pages 70179-70180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33546]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3813; Notice 2]
General Motors Corporation; Grant of Application for Decision of
Inconsequential Noncompliance
General Motors Corporation (GM) has determined that blackout paint
on the rear window of the 1997 GM EV1 (electric vehicle) may cause the
center high-mounted stop lamp (CHMSL) to fail to meet the photometric
requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 108--
Lamps, Reflective Devices and Associated Equipment. Pursuant to 49
[[Page 70180]]
U.S.C. Sec. 30120, GM has petitioned the National Highway Traffic
Safety Administration (NHTSA) for a decision that the noncompliance is
inconsequential as it relates to motor vehicle safety. GM submitted a
noncompliance notification to the agency pursuant to 49 CFR part 573,
``Defects and Noncompliance Reports.''
A notice of receipt of the application was published in the Federal
Register (63 FR 33433) on June 18, 1998. Opportunity was afforded for
comments until July 20, 1998. No comments were received.
Between August 1996 and June 1997, the petitioner produced 624
model year 1997 EV1 electric cars that have CHMSLs that fail to meet
all the requirements mandated by FMVSS No. 108. GM claimed that only
290 of these vehicles are in the field and outside of GM's control. The
other vehicles are within GM's control and GM states they will be
remedied before delivery to retail customers.
Specifically, Figure 10--Photometric Requirements of Center High-
Mounted Stop Lamps, of FMVSS No. 108 lists the photometric requirements
for CHMSLs. GM states that the EV1 CHMSL by itself meets these
requirements. GM states however that, when the CHMSL is installed on
the vehicle, the blackout paint on the rear window may obscure a
portion of the CHMSL's photometric output. GM states that if the worst
case build condition were present on a vehicle, blackout paint would
obscure the portion of the CHMSL corresponding to the 5D (5 degrees
below horizontal on the vertical centerline of the lamp) photometric
requirement .
The petitioner believed that this noncompliance is inconsequential
to motor vehicle safety for the following reasons:
1. The EV1 sits low to the ground, so light provided by the CHMSL
is visible to drivers of other vehicles, even with the bottom of the
CHMSL obscured. The specified range of photometric output for a CHMSL,
from 10U to 5D, was developed from SAE J186a and is presumably intended
to allow manufacturers latitude in locating CHMSLs for the myriad of
vehicle designs, while assuring sufficient signal light to drivers of
following vehicles. Because the EV1 CHMSL is so low to the ground, the
5D angle is far less significant to following drivers than it would be
if mounted higher.
2. A perceived benefit of the CHMSL is the ability it provides
following drivers to see through intervening vehicles. Because the EV1
and its CHMSL are low to the ground, a following driver's ability to
see the CHMSL through intervening vehicles is not compromised by the
lost light at the lower portion of the CHMSL.
3. To reduce aerodynamic drag, the EV1 was designed to be extremely
narrow. As a consequence of its narrow profile, the stop lamps are in
close proximity to the CHMSL (510 mm from the center of the brake lamp
to the center of the CHMSL). This minimizes the effect of the obscured
portion of the CHMSL.
4. Except for 5D, the EV1 CHMSL meets all other requirements of
FMVSS No. 108, and the photometric output of the stop lamps, which are
supplemented by the CHMSL, far exceed the FMVSS No. 108 minimum
requirements.
5. GM is not aware of any accidents, injuries, owner complaints or
field reports related to this issue.
Additionally GM provided two figures as part of its petition
(available in the public docket) that illustrate rear brake light
visibility to following vehicle drivers to support its claims for
inconsequentiality.
Only 290 EV1 vehicles in the field were affected, with the others
being brought into compliance, and only in limited conditions could a
CHMSL problem be perceived by a driver of a following vehicle. In
addition, the stop lamps on these vehicles far exceed the minimum
photometric performance levels for stop lamps the agency does not deem
this specific noncompliance to have a consequential effect on safety.
In consideration of the foregoing, NHTSA has decided that the
applicant has met its burden of persuasion that the noncompliance it
described above is inconsequential to motor vehicle safety.
Accordingly, its application is granted, and the applicant is exempt
from providing the notification of the noncompliance that is required
by 49 U.S.C. 30118, and the remedy that is required by 49 CFR 30120.
(49 U.S.C. 30118 and 30120; delegations of authority at 49 CFR 1.50
and 501.8)
Issued December 14, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-33546 Filed 12-17-98; 8:45 am]
BILLING CODE 4910-59-P
