[Federal Register Volume 62, Number 45 (Friday, March 7, 1997)]
[Notices]
[Pages 10618-10620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5719]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 97-113; Notice 1]


General Motors Corporation; Receipt of Application for Decision 
of Inconsequential Noncompliance

    General Motors Corporation (GM) has determined that certain of its 
1996 J/L/N model cars fail to comply with the requirements of 49 CFR 
571.101, Federal Motor Vehicle Safety Standard (FMVSS) No. 101, 
``Controls and Displays,'' and has filed an appropriate report pursuant 
to 49 CFR Part 573, ``Defect and Noncompliance Information Report.'' GM 
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.
    This notice of receipt of an application is published under 49 CFR 
Part 573 and does not represent any agency decision or other exercise 
of judgment concerning the merits of the application.
    Paragraph S5.3.5 of FMVSS No. 101 requires that sources of 
illumination forward of a transverse vertical plane 4.35 inches 
rearward of the manikin ``H'' point, with the driver's seat in its 
rearmost driving position, that are not used for controls and displays, 
are not a telltale, and are capable of being illuminated while a 
vehicle is in motion, have either (1) light intensity which is manually 
or automatically adjustable to provide at least two levels of 
brightness, (2) a single intensity that is barely discernible to a 
driver who has adapted to dark ambient roadway conditions, or (3) a 
means of being turned off.
    The purpose of this requirement is to ensure the accessibility and 
visibility of motor vehicle controls and displays and to facilitate 
their selection under daylight and nightitme conditions, in order to 
reduce the safety hazards caused by the diversion of the driver's 
attention from the driving task, and by mistakes in selecting controls.
    GM's description of the non-compliance follows:
    ``Vehicles involved: Certain of these 1996 makes and models (with 
estimated number of cars): Chevrolet Cavalier and Pontiac Sunfire (J 
cars) coupes and convertibles from start of production to January 16, 
1996 (115,351 cars); Pontiac Grand Am, Oldsmobile Achieva, and Buick 
Skylark (N cars) from start of production to October 31, 1995 (74,902 
cars); and Chevrolet Corsica and Chevrolet Beretta (L cars) from start 
of production to November 13, 1995 (61,738 cars).
    Noncompliance: ``These vehicles are equipped with interior lights 
that illuminate when a door is opened or when the driver activates a 
switch. Power to the lights is turned on and off by a control module, 
rather than by direct action of the door or light switches. One of the 
parts in the control module is a field effect transistor (FET).
    ``Because of manufacturing variances in the FETs, the condition of 
the FET in some modules, in combination with the programming of the 
module, can cause a situation where the module will not turn on the 
lights when the door is opened. Five minutes later, there is a fifty 
percent chance that the lights will turn on. If that does not happen, 
there is an increasing chance at ten, fifteen, twenty, twenty-five, and 
thirty minutes that the lights will turn on. If the lights are turned 
on at one of those five minute increments, they will then remain on for 
up to thirty minutes, unless the fuse is removed to cut power to the 
module. Moving the light switch or ignition to ``off'' will not cause 
the module to turn off the lights.
    ``In August 1995, GM found on 1996 N car in which the interior 
lights failed to turn on when a door was opened. In September, GM 
determined the cause of the problem and its supplier of FETs began 
inspecting 10% of them. In October, GM started its own screening of all 
incoming FETs. In January 1996, GM learned of and began investigating 
the potential for the lights to come on and stay on.
    ``Even in the affected cars, this condition is intermittent. The 
incidence is higher during cold weather and in vehicles with interior 
light configurations that place a higher load on the circuit.
    ``This table identifies the lights in these vehicles that are 
forward of a transverse vertical plane 4.35 inches rearward of the 
mannequin ``H'' point with the driver's seat in its rearmost driving 
position:

[[Page 10619]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                         Map lights in                  
                    Chassis                                     Body type and options                     Dome lamp         rearview      Footwell lamps
                                                                                                                             mirror                     
--------------------------------------------------------------------------------------------------------------------------------------------------------
J.............................................  Coupe................................................               X   ...............  ...............
                                                Coupe and GT w/sunroof...............................  ...............               X   ...............
N.............................................  Convertible..........................................  ...............               X   ...............
                                                Base trim............................................  ...............  ...............               X 
                                                Uplevel trim.........................................               X   ...............               X 
                                                With sunroof.........................................  ...............               X                X 
L.............................................  All..................................................  ...............  ...............               X 
--------------------------------------------------------------------------------------------------------------------------------------------------------

    ``Based on GM's examination of cars and modules, no more than 9.5% 
of the vehicles with modules built before 100% inspection of FETs began 
have a FET that could lead to this problem.
    ``Field experience indicates the actual incidence is much lower. 
Within the total estimated population of 251,991 cars that are 
potentially affected, GM has paid for replacement of the modules in 
just under one percent (2,464) under warranty (through October 31, 
1996). For cars with modules made after the 100% inspection of FETs 
began, the rate is about 0.5%. Because the module performs several 
functions, there are other unrelated malfunctions that could lead to 
replacement of the module and, absent the FET problem, the rate of 
warranty replacements for cars of comparable age is 0.3%. Therefore the 
rates attributable to the FET estimated to be approximately 0.7 and 
0.2% respectively.
    ``GM has received no reports of accidents or injuries related to 
this condition.
    ``To help assess the magnitude of the interior light during 
nighttime driving, GM measured the luminance values (light on 
windshield surface) from the driver's eye position in representative 
vehicles, with the exterior lights on (low beam) and with the interior 
lights both off and on. The test setup is shown in Attachment B.''
    ``The measurements were made in a darkened laboratory with a flat 
black surface ten feet ahead of the cars. A white paper target was 
placed on the windshield, so that the total light impinging on the 
windshield was measured, not just what was reflected from the glass 
surface. The instrument panel illumination was at the maximum setting. 
A Minolta Luminance Meter, Model LS-1200 (range:0.001 to 299900 cd/
m(2), was used.
    ``These values are in foot-lamberts and are the average of two 
readings for each car:

------------------------------------------------------------------------
                                                     Interior           
                        Car                           lights    Interior
                                                       off     lights on
------------------------------------------------------------------------
J coupe with sunroof..............................        .03        .16
N coupe with sunroof..............................        .03        .16
J convertible.....................................        .05        .12
N with base trim..................................        .05        .23
J coupe...........................................        .03        .21
N with uplevel trim...............................        .04        .38
L.................................................        .07        .14
Average...........................................        .04        .20
------------------------------------------------------------------------

    ``Attachment C shows the range of luminance levels for human vision 
and the zones of photopic, mesopic, and scotopic vision. Adaptation 
occurs when the luminance changes from one zone to another. The levels 
with the interior lights both off and on within the mesopic (``rod and 
cone'') zone.'' [Attachments B and C are on file with the application 
in NHTSA's Docket Room.]
    GM supported its application for inconsequential noncompliance with 
the following:
    ``1. Driving in total darkness, with no lights from other vehicles, 
no street lighting, and no light from buildings is the worst case, but 
it is also infrequent. Daylight is half of the day, but only 18.3% of 
vehicle trips and 20.2% of vehicle miles occur from 7:00 p.m. through 
6:00 a.m. (From 1990 NPTS Databook, Nationwide Personal Transportation 
Survey, vol. II, figure 5.27). Based on 1993 data from the Federal 
Highway Administration, 1.045 billion of the annual 1.623 billion 
passenger car miles traveled were on ``urban'' roads, streets, and 
highways (from Highway Statistics 1993, Table VM-1).
    ``2. As measured in GM's test, the change in luminance level that a 
driver would experience is small and, significantly, does not cross one 
of the adaptation boundaries.
    ``3. Glare is an undesirable, but inevitable feature of night-time 
driving and drivers can successfully adapt to it. A recent report for 
NHTSA by Jan Theeuwes and John Alferdinck, The Relationship Between 
Discomfort Glare and Driving Behavior, DOT HS 808 452 (1996), shows 
that adaptation includes driving more slowly and investing more effort. 
Major sources of glare include the lights of other vehicles, street 
lights, and lights on building, parking lots, signs, and billboards 
adjoining streets and highways. The headlights of a nearby vehicle can 
easily be many times brighter than any of these interior lights.
    ``4. On some of these cars, the only affected lights are in the 
footwells, below the instrument panel. While they are in the area 
covered by the standard, they are not in the driver's forward field of 
view and, as a matter of common sense, are less likely to be a source 
of troublesome glare. On other cars, map lights mounted in the rearview 
mirror assembly are involved. These lights point downward and are also 
much less likely to be a source of troublesome glare.
    ``5. This condition cannot occur in 90.5% of the cars. Field data 
shows that the actual incidence is much lower.
    ``6. Many drivers will be alerted to the presence of a problem 
because they will notice that the interior lights are not on when they 
enter their cars. Because the absence of interior lights when entering 
the cars at night is an inconvenience, drivers will be likely to return 
the cars to dealers for repair. Many cars are likely to be repaired 
before the driver experience illumination of the interior lights during 
night-time driving.
    ``7. GM has received no reports associating this condition with any 
kind of an accident or injury.
    ``To reach the worst case condition, several low probability events 
have to coincide--the car has to be one of the 9.5% potentially 
affected, the car has to be driven at night, the illumination from 
external sources must be unusually low, and the condition must manifest 
itself. Further, even if this series of unlikely events occurs, data 
indicate the driver should be able to successfully adapt to the 
increased light, as he/she does on a regular basis to other sources of 
light. Therefore, because the expected coincidence of these events is 
extremely low and the effects on the driver are minimal; this condition 
is inconsequential to motor vehicle safety.''
    Interested persons are invited to submit written data, views, and 
arguments on the application of GM,

[[Page 10620]]

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: April 7, 1997.

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

    Issued on: March 3, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-5719 Filed 3-6-97; 8:45 am]
BILLING CODE 4910-59-P