[Federal Register Volume 64, Number 15 (Monday, January 25, 1999)]
[Notices]
[Pages 3739-3740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1584]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-4973]


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

    Nissan Motor Corporation U.S.A. (Nissan) has determined that 
certain 1998 and 1999 Nissan Frontier pickup trucks equipped with 
automatic transmissions were not in full compliance with Federal Motor 
Vehicle Safety Standard (FMVSS) No. 102, ``Transmission Shift Lever 
Sequence, Starter Interlock, and Transmission Braking Effect,'' and has 
filed an appropriate report pursuant to 49 CFR Part 573, ``Defect and 
Noncompliance Reports.'' Nissan 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.
    We are publishing this notice of receipt of an application as 
required by 49 U.S.C. 30118 and 30120. This action does not represent 
any agency decision or other exercise of judgment concerning the merits 
of the application.
    Under S3.1.4.1 of FMVSS No. 102, if a vehicle's transmission shift 
lever sequence includes a park position, identification of the shift 
lever positions (including the positions in relation to each other and 
the position selected) shall be displayed in view of the driver under 
two conditions: if the ignition is in a position where the transmission 
can be shifted, or the transmission is not in park.
    From September 1997 to August 1998, Nissan produced approximately 
22,000 U.S. light trucks that use an electronic display in the 
instrument panel to indicate transmission gear position. In these 
vehicles, when the ignition key is in the ``OFF'' or ``ACCESSORY'' 
position, the selected gear position is not displayed. ``OFF'' refers 
to the range of movement of the ignition key between the ``LOCK'' and 
``ACCESSORY'' positions. The gear selector lever can be moved while the 
ignition switch is in ``OFF'' or ``ACCESSORY.'' There is no detent for 
``OFF'' as the key is rotated nor is ``OFF'' labeled on the ignition 
switch.

[[Page 3740]]

There is a detent for ``ACCESSORY'' and it is labeled on the ignition 
switch. Nissan believes that it is highly unlikely that a driver would 
actually turn and leave the key in the ``OFF'' position. Nissan states 
that the affected vehicles do comply with all other requirements of 
FMVSS 102.
    Nissan supports its application for inconsequential noncompliance 
with the following statements:
    The situation involving the Frontier trucks is essentially the same 
as that described in an inconsequentiality petition filed by General 
Motors Corporation in 1993 and granted by NHTSA. See 58 FR 16735, March 
30, 1993 and 58 FR 33296, June 16, 1993. The petitioner in that matter 
stated that, on certain of its vehicles, the PRNDL display would not be 
illuminated if the transmission was left in a position other than 
``PARK'' when the ignition key was turned ``OFF.'' The petitioner noted 
that the vehicles in question complied with FMVSS 102 during normal 
ignition activation and vehicle operation. In that matter, NHTSA 
concluded that since the noncompliance did not occur during times that 
the affected vehicles were operated, ``the noncompliance presents no 
discernible threat to safety.'' See 58 FR 33297.
    As NHTSA noted in proposing the current version of the standard (49 
FR 3240911, August 25, 1988), the purpose of the display requirement is 
to ``provide the driver with transmission position information for the 
vehicle conditions where such information can reduce the likelihood of 
shifting errors.'' In all but the rarest circumstances, the primary 
function of the transmission display is to inform the driver of gear 
selection and relative position of the gears while the engine is 
running.
    In the case of the Nissan trucks, the selected gear position and 
PRNDL display are always visible when the engine is running. The 
selected gear position is not shown in the instrument panel electronic 
display if the engine is turned off. If the ignition key is rotated to 
the ``ON'' position, the selected gear position immediately 
illuminates. If the transmission is in ``PARK'' and the engine is 
started, the selected gear position becomes immediately visible.
    If the driver seeks to start the truck when the transmission is not 
in the ``PARK'' or ``NEUTRAL'' position, ignition would be impossible, 
as required under FMVSS 102. As soon as the ignition key is rotated to 
the ``ON'' or ``START'' position, the selected gear would become 
immediately apparent as the display is illuminated under these 
conditions. This means that the engine will only start under the 
condition that the PRNDL and selected gear position are visible to the 
driver.
    Because the movement of the shift lever to place the transmission 
in ``PARK'' is the same on all vehicles using a column-mounted shift 
lever, that is, pulled toward the driver and then moved all the way to 
the left, most drivers do not rely on the PRNDL display to ensure the 
transmission is in ``PARK.'' This means that it is highly unlikely a 
driver attempting to place the transmission in ``PARK'' would fail to 
do so even if the gear position was not visible on the PRNDL display.
    If the driver were to attempt to remove the key before exiting the 
vehicle while erroneously believing that the transmission is in 
``PARK'' (with the ignition key being in the ``OFF'' or ``ACCESSORY'' 
position), it would be impossible to remove the key from the ignition. 
This would alert drivers that the transmission was not in ``PARK'' and 
cause them to put it in ``PARK'' so that they could remove the key. If 
the driver opens the door before attempting to remove the key, the 
FMVSS 114 audible warning would sound when the door is opened, 
providing further indication of the improper gear selection. As stated 
by NHTSA, exiting the vehicle in these circumstances ``would be limited 
to the rare situation.'' See 54 FR 29042, 29044 (July 11, 1989).
    Nissan believes that the theoretical risk of one of the subject 
vehicles rolling away after the driver exits the vehicle because they 
failed to place the transmission in ``PARK'' and/or to engage the 
parking brake while leaving the key in the ignition switch in the 
``OFF'' or ``ACCESSORY'' position so that the selected gear is not 
displayed in the PRNDL is no higher than in a vehicle in which the 
PRNDL display is working properly.
    Although there may be rare circumstances when it would be useful to 
know the gear position when the engine is off, this information is 
provided by the shift lever position. Moreover, the electronic display 
can be illuminated simply by turning the key to the ``ON'' position. As 
noted above and as stated in the final notice granting the General 
Motors petition, ``in all but the rarest circumstances, the primary 
function of the PRNDL display is to inform the driver of gear selection 
and relative position of the gears while the engine is running.'' See 
58 FR 33297.
    The gear selector lever on these trucks cannot be moved from the 
``PARK'' position if the key is not in the ignition switch. Therefore, 
the fact that the selected gear is not displayed in the PRNDL with the 
ignition key in the ``OFF'' or ``ON'' position has no relevance when 
the key is not in the switch.
    Nissan has no record of any customer complaint or accident report 
that could be associated with or attributed to this condition.
    We invite you to comment in writing on Nissan's application. 
Comments should refer to the docket number and be submitted in two 
copies to: U.S. Department of Transportation, Docket Management, Room 
PL-401, 400 Seventh Street, S.W., Washington, D.C. 20590.
    We will consider comments received before the close of business on 
the closing date indicated below. We will file the application and 
supporting materials. We will consider, to the extent possible, all 
comments received after the closing date. When we grant or deny the 
application, we will publish the notice in the Federal Register.
    Comment closing date: February 24, 1999.

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

    Issued on: January 19, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-1584 Filed 1-22-99; 8:45 am]
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