[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Notices]
[Pages 75106-75107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27455]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-19792; Notice 1]


Unified Marine, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Unified Marine, Inc. (Unified Marine) has determined that certain 
combination lamps it distributed for sale, which were produced in 2002 
through 2004, do not comply with 49 CFR 571.108, Federal Motor Vehicle 
Safety Standard (FMVSS) No. 108, ``Lamps, reflective devices, and 
associated equipment.'' Unified Marine 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), Unified Marine 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 Unified Marine'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.
    Approximately 52,665 combination lamps and combination lamp kits 
produced between December 2002 and July 2004 and marketed as ``Road 
Warrior by SeaSense'' are affected. These include the following 
combination lamps: 1,624 model 50080272 (right hand), 1,001 model 
50080274 (left hand), 1,612 model 80272, and 1,947 model 80274, as well 
as 46,481 model 50080270 combination lamp kits that consist of two 
lamps per kit.
    The subject rear combination lamps contain taillamps, stop lamps, 
turn signal lamps, rear reflex reflectors, and a side marker lamp. In 
addition, the combination lamps designated for the left (driver's) side 
of the vehicle contain a license plate lamp. FVMSS No. 108, S5.8.1, 
requires that each lamp, reflective device, or item of associated 
equipment manufactured to replace any lamp, reflective device, or item 
of associated equipment on any vehicle to which this standard applies, 
be designed to conform to the standard. As such, in order to comply 
with S5.8.1, the combination lamps must be designed to conform to the 
photometry, color, and other requirements specific to the devices 
incorporated into the lamp combination.
    Unified Marine's noncompliance report indicates that the lamps may 
have incorrectly positioned circuit boards that, consequently, cause 
insufficient light output to meet the minimum color and photometry 
requirements of the standard.
    Unified Marine believes that the noncompliance is inconsequential 
to motor vehicle safety and that no corrective action is warranted. 
Unified Marine states that

* * * our light has some deficiencies that are only detectable by 
highly sensitive testing equipment and not by visual means in actual 
use and therefore is not a safety issue. Upon review and extensive 
research, we have found out that the variations are not perceivable 
to the naked eye, and they are indeed inconsequential as they may 
only be seen in the laboratory environment. The lights are in no way 
unsafe in our opinion, and in fact much safer than the millions of 
conventional lights currently used in the marketplace.

    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

[[Page 75107]]

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 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: January 14, 2005.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: December 9, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-27455 Filed 12-14-04; 8:45 am]
BILLING CODE 4910-59-P