[Federal Register: January 11, 1999 (Volume 64, Number 6)] [Notices] [Page 1650-1651] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr11ja99-118] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-98-3701; Notice 2] Mitsubishi Motor Sales of America Inc.; Grant of Application for Decision of Inconsequential Noncompliance Mitsubishi Motor Sales of America (MMSA) of Cypress, California, has determined that some of its 1994-1998 models fail to meet the requirements of paragraph S4 of Federal Motor Vehicle Safety Standard (FMVSS) No. 118, ``Power-operated window, partition, and roof panel systems,'' and has filed an appropriate report pursuant to 49 CFR part 573, ``Defects and Noncompliance Reports.'' MMSA 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. A notice of receipt of an application was published in the Federal Register (63 FR 28024) on May 21, 1998. Opportunity was afforded for comments until June 28, 1998. No comments were received. During the periods indicated below, the applicant imported and sold or distributed approximately 57,294 vehicles equipped with power sunroofs that did not meet certain requirements mandated by FMVSS No. 118. Specifically, paragraph S4 of FMVSS No. 118 requires that power windows, partitions, and sunroofs be closed only under certain circumstances. One of those circumstances is that a power sunroof may be closed: * * * during the interval between the time the locking device which controls the activation of the vehicle's engine is turned off and the opening of either of a two-door vehicle's doors or, in the case of a vehicle with more than two doors, the opening of either of its front doors. In the Mitsubishi vehicles identified below, activation of the power sunroof stops immediately after the ignition is turned off and the driver's side door is open. The sunroof continues to operate, however, for thirty seconds after the ignition is turned off and the passenger front door is opened. This continued operation does not comply with the requirements of S4 of FMVSS No.118. ---------------------------------------------------------------------------------------------------------------- No. of Make Line Model year affected Dates of vehicles manufacture ---------------------------------------------------------------------------------------------------------------- MMC.......................... Mitsubishi 3000GT.... 94 to 98.................. 5,855 5/94-4/98 MMC.......................... Mitsubishi Mirage 97 to 98.................. 1,383 6/96-5/98 (Coupe and Sedan). Mitsubishi Motor Mitsubishi Galant.... 94 to 98.................. 50,056 3/93-3/98 Manufacturing of America, Inc. ---------------------------------------------------------------------------------------------------------------- NHTSA agrees with MMSA's arguments in support of its application for inconsequential noncompliance. That discussion was published in the Federal Register (63 FR 28024) on May 21,1998. Essentially, NHTSA agrees with MMSA that FMVSS 118 sets forth requirements for power operated windows, partitions, and roof panel systems (e.g., sunroofs) to minimize the risk of injury or death from accidental operation of these systems and that FMVSS 118 S4(e) was designed to reduce the possibility of unsupervised children operating the power windows, partitions or sunroofs in a vehicle. It is expected that after a vehicle's ignition is turned off, but prior to opening either of the vehicle's front doors, an adult will remain in the vehicle to supervise and protect children from the safety risks associated with operation of a power window, partition, or sunroof system. Hence, there should be no additional risk in allowing continued operation of the power window, partition or sunroof after the ignition is turned off but prior to the opening of either front door because of the presence of the supervising adult. As MMSA said, ``This premise is especially true for the driver side door. In most circumstances, an adult driver normally exits the vehicle from the driver side door. If the vehicle's driver side door has not been opened, the adult driver is most likely still in the vehicle.'' It further states that the probability of unsupervised children being exposed to injury from the [[Page 1651]] foregoing sunroof system during the 30 seconds after the ignition key has been turned off and the front passenger door only is opened is extremely remote. NHTSA agrees that this is a reasonable argument regarding this particular situation. Additionally, MMSA asserted that the situation is similar to another situation involving vehicles manufactured by Volkswagen of America, Inc. (Volkswagen). In Volkswagen's case, the company manufactured approximately 20,000 vehicles with power windows. The power windows ceased to operate immediately after the ignition was turned off and the driver's side door was opened. The windows continued to operate, however, for ten minutes after the ignition was turned off and the front passenger door only was opened. Volkswagen petitioned the agency for a determination of inconsequential noncompliance [See 60 FR 26475 (1995)]. NHTSA granted the petition based on reasons similar to those offered by MMSA [See 60 FR 48197 (1995)]. NHTSA agrees with MMSA that its situation is similar to the Volkswagen situation. In that situation, the vehicles also were passenger cars, the same vehicle type as the Mitsubishi vehicles. In NHTSA's opinion, the driver was unlikely to exit the vehicle by moving over the transmission hump/console and going through the passenger door in a passenger vehicle. The agency reasoned that drivers were only likely to exit through the driver's door. When they did so, with the key in the off position, the power windows would cease to operate. The fact that the power windows would continue to operate when only the passenger side door opened occurred was deemed to be inconsequential, because the driver would still be present and in control of the vehicle. On the other hand, a similar situation occurred with the Nissan Quest and Mercury Villager vehicles, but NHTSA decided that the noncompliance was consequential to safety. The significant difference is that the Nissan and Mercury vehicles are minivans. Drivers are more likely to exit through the passenger door of a minivan because of the added interior space and because any transmission hump/console is not nearly such an obstacle in a minivan. In view of the two arguments offered by MMSA and reviewed by NHTSA, the agency does not deem this specific issue to be a serious safety problem warranting a safety recall. Accordingly, NHTSA has decided that the applicant has met its burden of persuasion that the noncompliance it described above is inconsequential to motor vehicle safety. Therefore, its application is granted, and the applicant is exempted from providing the notification of the noncompliance that is required by 49 U.S.C. 30118 and from remedying the noncompliance as required by 49 U.S.C. 30120. (49 U.S.C. 30118 and 30120; delegations of authority at 49 CFR 1.50 and 501.8) Issued on: January 5, 1999. Robert Shelton, Associate Administrator for Safety Performance Standards. [FR Doc. 99-538 Filed 1-8-99; 8:45 am] BILLING CODE 4910-59-P