[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Notices]
[Pages 28024-28026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13520]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3701; Notice 1]
Mitsubishi Motor Sales of America Inc.; Receipt 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 Federal Motor Vehicle Safety Standard (FMVSS) No. 118,
``S4,'' 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
[[Page 28025]]
noncompliance is inconsequential to motor vehicle safety.
This notice of receipt of an application 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 application.
During the periods indicated below, the applicant imported and sold
and/or distributed approximately 57,294 vehicles equipped with power
sunroofs that did not meet certain requirements mandated by Federal
Motor Vehicle Safety Standard (FMVSS) No. 118. Specifically, FMVSS No.
118 requires that power windows, partitions, and sunroofs only be
operable under certain circumstances. One of those circumstances
specifies that a power sunroof may operate:
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. 49 CFR 571.118 S4(e) states that once the ignition key
is turned off and either of the two front doors is opened, the power
sunroof must not operate.
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 FMVSS No.118.
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No. of
Make Line Model year affected Dates of
vehicles manufacture
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MMC................................... Mitsubishi 3000GT....... 1994-98 5,855 5/94--4/98
MMC................................... Mitsubishi Mirage (Coupe 1997-98 1,383 6/96--5/98
& Sedan).
Mitsubishi Motor Manufacturing of Mitsubishi Galant....... 1994-98 50,056 3/93--3/98
America, Inc.
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MMSA supports its application for inconsequential noncompliance
with the following:
MMSA does not believe that the foregoing noncompliance will
impact motor vehicle safety for the following reasons, 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. The National
Highway Traffic Safety Administration (NHTSA or the Agency) has
identified children as the group of people most likely at risk from
unsupervised or inadvertent operation of power windows and sunroofs.
See 57 FR 23958 (1992). In order to address the foregoing concerns,
FMVSS 118 S4 specifies the conditions under which a power window,
partition or sunroof may operate. S4(e) specifically requires that
power windows, partitions and sunroofs not be operational when the
ignition key is off and either one of the vehicle's front doors is
opened. The power windows may continue to operate after the ignition
has been turned off, but prior to the opening of either of the
vehicle's front doors.
``FMVSS 118 S4(e) was designed to reduce the possibility of
unsupervised children from operating the power windows, partitions
or sunroofs in a vehicle. Specifically, S4(e) is based on the
logical presumption that after a vehicle's ignitions 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 is little to 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. This premise is especially true for the driver side door. In
most circumstances, and 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''.
MMSA believes that the failure to comply is inconsequential to
motor vehicle safety for the following reasons:
``The power sunroof immediately ceases to operate when the
ignition key is turned off and the driver side door is open. The
sunroof will continue to operate, however, for approximately 30
seconds after the ignition key is turned off and the passenger side
door is open. The rationale supporting this feature was to allow the
driver to close the sunroof even if the driver has turned off the
ignition and the passenger has opened the door and exited the
vehicle. This delay in operation cut-off is a convenience feature
similar to those found in Japanese and European versions of the
affected Mitsubishi vehicles. As long as the driver door remains
closed, the adult driver inevitably remains in the vehicle to
supervise any operation of the power sunroof. It is highly unlikely
that the driver would exit from the front passenger side in the
affected vehicles. Each of the vehicles listed above has a front
seating configuration consisting of two bucket type seats and a
center console that rises up from the floor space between the driver
and passenger seats. The transmission shift lever for these
automatic and standard transmission vehicles rises up from the
center console. The combination of bucket seats, center console, and
gear shift make exiting the affected vehicles from the driver's side
through the passenger side door extremely difficult and highly
unfeasible. In addition, the period of operation for the sunroof
after the front passenger door is extremely short (i.e., 30
seconds). This short period of time is sufficient to allow drivers
to close the sunroof prior to exiting the vehicle, but insufficient
to cause any safety concerns for children. Consequently, continued,
short-term operation of the sunroof after the ignition has been
turned off and the passenger side door opened, but prior to the
opening of the driver's side door, does not pose any significant
safety concern. The probability of unsupervised children being
exposed to injury from the foregoing sunroof system during the 30
seconds after the ignition key has been turned off and the front
passenger door only is opened is non-existent.''
Additionally, MMSA asserts 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 size 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
set forth above by MMSA. See 60 FR 48197 (1995).
Interested persons are invited to submit written data, views, and
arguments on the application of the petitioner 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
[[Page 28026]]
the Federal Register pursuant to the authority indicated below.
Comment closing date: June 28, 1998.
(49 U.S.C. 30118 and 30120; delegations of authority at 49 CFR 1.50
and 501.8)
Issued on: May 14, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-13520 Filed 5-20-98; 8:45 am]
BILLING CODE 4910-59-P