[Federal Register: May 18, 1999 (Volume 64, Number 95)]
[Notices]               
[Page 27034]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my99-134]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-5056; Notice 1]

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

    General Motors Corporation (GM), has determined 1997 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 has petitioned the 
National Highway Traffic Safety Administration (NHTSA) for a decision 
that the noncompliance is inconsequential as its relates to motor 
vehicle safety. In accordance with 49 CFR 556.4(b)(6), GM has also 
submitted a 49 CFR 573.5 noncompliance notification to the agency .
    This notice of receipt of an application is published under 49 
U.S.C. 30118 and 30120 and does not represent an agency decision or 
other exercise of judgement concerning the merits of the application.
    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 believes 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 asserts 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 argues that this 
noncompliance is inconsequential as it relates to motor vehicle safety. 
In consideration of the foregoing, GM petitions that it be exempted 
from the notification and remedy provisions of the Safety Act for this 
specific noncompliance with FMVSS No. 108.
    Interested persons are invited to submit written data, views, and 
arguments on the application described above. Comments should refer to 
the docket number and be submitted to: Docket Management, Room PL-401, 
400 Seventh Street, SW, Washington, DC 20590. It is requested but not 
required that six copies be submitted. Docket hours are 10:00 A.M. to 
5:00 P.M.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible. When the 
application is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: June 17, 1999.

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

    Issued on: May 12, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-12466 Filed 5-17-99; 8:45 am]
BILLING CODE 4910-59-P