[Federal Register: October 8, 2004 (Volume 69, Number 195)]
[Notices]
[Page 60458-60459]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc04-153]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2004-19217; Notice 1]
Mitsubishi Motor Sales Caribbean, Inc., Receipt of Petition for
Decision of Inconsequential Noncompliance
Mitsubishi Motor Sales Caribbean, Inc. (MMSC) has determined that
certain vehicles that it imported and distributed in 1997 through 2005
do not comply with S4.5.1(b)(2)(ii), (c)(1) and (e)(1)(ii) of 49 CFR
571.208, Federal Motor Vehicle Safety Standard (FMVSS) No. 208,
``Occupant Crash Protection.'' MMSC has filed an appropriate report
pursuant to 49 CFR part 573, ``Defect and Noncompliance Reports.''
Pursuant to 49 U.S.C. 30118(d) and 30120(h), MMSC has petitioned
for an exemption from the notification and remedy requirements of 49
U.S.C. chapter 301 on the basis that this noncompliance is
inconsequential to motor vehicle safety.
This notice of receipt of MMSC's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
A total of approximately 85,065 model year 1998 to 2005 Mitsubishi
vehicles are affected. Approximately 70,592 Monteros, Nativas,
Diamantes, Mirages, Lancers, and Outlanders covering model years from
1998 to 2005 do not comply with S4.5.1(b)(2)(ii), ``Sun visor air bag
warning label.'' Approximately 10,761 Nativas covering model years
2000--2004 do not comply with S4.5.1(c)(1), ``Air bag alert label.''
Approximately 85,065 Monteros, Nativas, Diamantes, Mirages, Lancers,
3000 GTs, Outlanders, Galants, Eclipses, Eclipse Spyders, and Endeavors
covering model years 1998--2005 do not comply with S4.5.1(e)(1)(ii),
``Label on the dashboard.''
The relevant requirements of FMVSS No. 208, S4.5.1, ``Labeling and
owner's manual information,'' are as follows: ``(b)(2)(ii) The message
area [of the permanent sun visor air bag warning label] * * * shall be
no less than 30 cm\2\. * * * (c)(1) The message area [of the permanent
sun visor air bag alert label] * * * shall be no less than 20 square
cm. * * * (e)(1)(ii) The message area [of the temporary label on the
dashboard] * * * shall be no less than 30 cm\2\.''
On the affected vehicles, the actual measurement of the English
message area for the sun visor air bag warning label is 27 cm\2\ rather
than the required minimum of 30 cm\2\, for the sun visor alert label is
12 cm\2\ rather than the required minimum of 20 cm\2\, and for the dash
label is 19 cm\2\ rather than the required minimum of 30 cm\2\. MMSC
explains that these noncompliances resulted from reducing the English
message areas when the respective Spanish translations were added.
MMSC believes that the noncompliance is inconsequential to motor
vehicle safety and that no corrective action is warranted. In support
of its petition, MMSC states the following:
The likelihood consumers will perceive the presence of the
labels is enhanced since the overall sizes of the bilingual labels
are larger than the English only labels while the understandability
performance of the warnings is enhanced since the message reaches a
wider audience than an English only version.
The legibility of the labels at the required distance (i.e.,
from all front seating positions) is not degraded since the font
size, font color, and letter spacing remain the same as our English
only versions that meet the message area requirements.
The labels meet all other requirements in every respect
including heading content, heading color, message content, message
area color, message text color, alert symbol content, and alert
symbol color. * * *
Mitsubishi believes the percentage of vehicles actually fitted
today with the non-compliant temporary dash labels is for all
intents and purposes zero, considering in all likelihood they have
already been removed by customers after purchase.
MMSC has received no customer complaints related to the bilingual
labels.
Interested persons are invited to submit written data, views, and
arguments on the petition described above. Comments must refer to the
docket and notice number cited at the beginning of this notice and be
submitted by any of the following methods. Mail: Docket Management
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC 20590-0001. Hand Delivery:
Room PL-401 on the plaza level of the Nassif Building, 400 Seventh
Street, SW., Washington, DC. It is requested, but not required, that
two copies of the comments be provided. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal holidays. Comments may
be submitted electronically by logging onto the Docket Management
System Web site at http://dms.dot.gov. Click on ``Help'' to obtain
instructions for filing the document electronically. Comments may be
faxed to 1-202-493-2251, or may be submitted to the Federal
[[Page 60459]]
eRulemaking Portal: go to http://www.regulations.gov. Follow the online
instructions for submitting comments.
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
Comment closing date: November 8, 2004.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8
Issued on: September 30, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-22621 Filed 10-7-04; 8:45 am]
BILLING CODE 4910-59-P