[Federal Register Volume 61, Number 244 (Wednesday, December 18, 1996)]
[Notices]
[Pages 66744-66745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32030]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-128; Notice 1]


Nissan Motor Corporation, U.S.A.; Receipt of Application for 
Decision of Inconsequential Noncompliance

    Nissan Motor Manufacturing Corporation USA, (Nissan) has determined 
that certain Nissan Sentra 4-door sedans fail to comply with the 
requirements of 49 CFR 571.108, Federal Motor Vehicle Safety Standard 
(FMVSS) 108, ``Lamps, Reflective Devices and Associated Equipment,'' 
and has filed an appropriate report pursuant to 49 CFR part 573 
``Defect and Noncompliance Information Report.'' Nissan has also 
applied to be exempted from the notification and remedy requirements of 
49 U.S.C. 30118(d) and 30120(h) on the basis that the noncompliance is 
inconsequential to motor vehicle safety.
    This notice of receipt of an application is published under 49 
U.S.C. 30118(d) and 30120(h) and does not represent any agency decision 
or other exercise of judgment concerning the merits of the application.
    Paragraph S5.1.1 of FMVSS No. 108 requires that each vehicle shall 
be equipped with certain lamps and reflective devices that shall be 
designed to conform to applicable SAE Standards or Recommended 
Practices referenced in the Standard. The stop lamp function of a rear 
combination lamp assembly must meet the photometric performance 
requirements of SAE J586 FEB84. To determine photometric performance 
requirements of SAE J586 FEB84, light intensity measurements are taken 
at 19 test points in a geometric grid. The grid is further broken down 
into five separate zones. The measured test point values that are 
located within a zone are summed to provide a zone total which must 
meet a minimum value. The stop lamp function of the rear combination 
lamp assemblies in the subject vehicles meet the requirements in Zones 
1, 2, 4, and 5. However, in certain vehicles the minimum requirements 
in Zone 3 may not be met. The photometric results for the tested lamps 
of the Sentra 4-door sedan stop lamp function in Zone 3 are contained 
in the inconsequential application and are available in the National 
Highway Traffic Safety Administration Docket Section. The tail lamp 
function of the subject

[[Page 66745]]

combination lamps meet or exceed all test criteria and is in compliance 
with FMVSS No. 108.
    Nissan's description of the noncompliance follows:
    From December 11, 1995, through September 1996, Nissan manufactured 
approximately 65,000 1996 and 1997 model year Nissan Sentra 4-door 
sedans with stop lamp assemblies that do not comply with the 
photometric requirements in SAE J586 FEB84 as referenced in 49 CFR 
571.108, S5.1.1. The Sentra 4-door sedan uses a combination stop and 
tail lamp assembly that was designed to conform to FMVSS 108 and the 
photometric requirements in SAE J586 FEB84 as referenced in 49 CFR 
571.108, S5.1.1. J586 FEB84 defines 19 test points that must receive a 
specified range of light intensity. These test points are grouped into 
five zones and their intensities are summed to arrive at a total within 
each zone. Each zone's total has a required value, measured in candela, 
that must be met with none of the test points falling below 60% of its 
specified value.
    Nissan stated that based on testing of production lamps, it was 
discovered that the summation of the five test points measured across 
Zone 3 did not meet the required stop lamp zone total of 380 candela in 
some of the lamps. All other zone totals were within FMVSS No. 108 
specifications for the stop lamp function, and all FMVSS 108 criteria 
were met for the tail lamp function.
    Nissan supported its application for inconsequential noncompliance 
with the following:
    ``Nissan [we] believe the failure of the stop lamp portion of the 
rear combination lamp assembly to meet photometric requirements in one 
of five zones is inconsequential to motor vehicle safety for the 
following reasons:
    ``A NHTSA sponsored study titled ``Driver Perception of Just 
Noticeable Difference[s] in [of Automotive] Signal Lamp Intensities'' 
[DOT HS 808 209, September 1994] demonstrated a change in luminous 
intensity of 25 percent or less is not noticeable by most drivers. 
Since all of the stop lamps Nissan tested, except one, were closer to 
the standard than 25 percent, the noncompliance is likely undetectable 
to the human eye. The single worst case sample was 25.5 percent below 
the standard in zone 3 but exceeds the photometric requirements of 
zones one, two, four, and five and meets or exceeds all other FMVSS and 
SAE requirements.
    ``The stop lamp is more than five times brighter than the tail 
lamp. A following driver will have no problem detecting the moment of 
brake application.
    ``The two combination lamp assemblies are supplemented by a Center 
High Mounted Stop Lamp (CHMSL). The Sentra's CHMSL illuminates at over 
two times the minimum standard to provide not only strong warning of 
brake application to the following driver, but also vehicles further 
back in the traffic flow. Nissan believes the supplementary benefit of 
the bright CHMSL helps to compensate for any diminished stop lamp 
performance.
    ``The combination tail/stop lamp assemblies are mounted high in the 
vehicle's body near the beltline. This mounting location provides 
excellent line of sight visibility to a following driver.
    ``Nissan is not aware of any accidents, injuries, owner complaints 
or field reports related to this condition.
    ``In similar situations NHTSA has granted the applications of 
various other petitioners. See, for example, 61 FR, January 22, 1996 
(petition by General Motors); 56 FR 59971, November 26, 1991 (petition 
by Subaru of America); and 55 FR 37601, September 12, 1990 (petition by 
Hella Inc.).''
    Interested persons are invited to submit written data, views, and 
arguments on the application of Nissan, described above. Comments 
should refer to the docket number and be submitted to: Docket Section, 
National Highway Traffic Safety Administration, Room 5109, 400 Seventh 
Street, SW, Washington, DC, 20590. It is requested but not required 
that six copies be submitted.
    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: January 17, 1997.

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

    Issued on: December 11, 1996.
L. Robert Shelton.
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-32030 Filed 12-17-96; 8:45 am]
BILLING CODE 4910-59-P