[Federal Register Volume 70, Number 32 (Thursday, February 17, 2005)]
[Notices]
[Pages 8136-8137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3020]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2003-14826, Notice 2]


Nissan North America Inc., Notice of Grant of Application for 
Decision of Inconsequential Noncompliance

    Nissan North America (Nissan) has determined that some 2002-2003 
Model Year (MY) Altimas are equipped with side marker lamps that fail 
to comply with certain requirements of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 108, ``Lamps, Reflective Devices and Associated 
Equipment.'' Nissan 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.
    Notice of receipt of the application was published in the Federal 
Register (68 FR 60147) on October 21, 2003. Opportunity was afforded 
for public comment until November 20, 2003. Comments were received from 
lighting manufacturers Koito Manufacturing Co., LTD. (Koito), and North 
American Lighting (NAL). Nissan submitted a letter September 28, 2004, 
in support of its petition; this letter referenced a FMVSS No. 108 
final rule published in the Federal Register (69 FR 48805) on August 
11, 2004. Nissan also submitted data in support of its letter on 
October 22, 2004.
    Paragraph S5.1.1 of FMVSS No.108 states that ``* * * each vehicle 
shall be equipped with at least the number of lamps, reflective 
devices, and associated equipment specified in Tables I and III and S7, 
as applicable. Required equipment shall be designed to conform to the 
SAE Standards or Recommended Practices referenced in those tables * * * 
Table III applies to passenger cars and motorcycles and to multipurpose 
passenger vehicles, trucks, trailers, and buses less than 80 inches in 
overall width.'' For side marker lamps, Table III lists SAE J592e, July 
1972, which in turn requires section J ``Photometry Test'' of SAE J575 
to be met. Section J of SAE J575 states that ``when making photometric 
measurements at specified test points, the candlepower requirements 
between test points shall not be less than the lower specified value of 
two closest adjacent test points for minimum values.'' The specified 
photometric value required for amber side markers such as those used on 
the subject Nissan Altimas is 0.62 cd.
    Nissan stated that extensive testing has shown that the side marker 
lamps consistently meet the photometric requirements at the required 
test points, but that the lamps fail to satisfy the requirement to 
maintain the lower minimum intensity value of two test points between 
those test points. However, Nissan stated that the noncompliance does 
not affect the primary purpose of the lamps to provide proper 
visibility allowing identification of the front edge of the vehicle at 
night. Nissan argued that the reported noncompliance is inconsequential 
as it relates to motor vehicle safety. In its letter received by the 
agency on September 28, 2004, Nissan discussed the applicability of the 
cited final rule that amended requirements of FMVSS No. 108. Nissan 
pointed out that the final rule contained a provision for side marker 
lamps mounted less than 750 mm above the road surface that allows 
compliance with photometric requirements at a 5 degree downward 
visibility angle instead of the previously required 10 degree downward 
visibility angle. Nissan stated that the Altima side marker lamps would 
be compliant under the amended Standard because the light output at 5 
degrees downward surpasses the minimum requirement of 0.62 cd at, and 
between, test points.
    Both of the public comments received, from Koito and NAL, supported 
granting Nissan's petition. Both companies stated they believe the 
noncompliance in question is inconsequential to motor vehicle safety. 
They supported this conclusion with various comments that indicated a 
belief that the ability to recognize the presence of the subject 
Altimas, as well as the overall length of these vehicles, is not 
adversely impacted by the noncompliance in question.
    We have reviewed Nissan's rationale for granting the petition and 
we agree. The aforementioned final rule published on August 11, 2004, 
did indeed amend the photometric requirement for low-

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mounted lamps, including side marker lamps, to allow compliance at a 5 
degree downward visibility angle instead of at a 10 degree downward 
visibility angle as previously required. This change is present in the 
following text under section S5.3.2.3 of the revised FMVSS No. 108, 
``For signal lamps and reflected devices mounted less than 750 mm above 
the road surface as measured to the lamp axis of reference, the 
vertical test point angles located below the horizontal plane subject 
to photometric and visibility requirements of this standard may be 
reduced to 5 degrees.'' In making this revision, the agency previously 
explained that such low-mounted lamps typically cannot be observed at 
greater downward angles. This situation is exactly the same as which 
exists on the Altima front side marker lamp; it complies at 5 degrees 
down.
    In consideration of the foregoing, NHTSA has decided that Nissan 
has met its burden of persuasion that the noncompliance it describes is 
inconsequential to motor vehicle safety, and that it should be exempted 
from the notification and remedy requirements of the statute. 
Accordingly, Nissan's application is hereby granted.

    Authority: 49 U.S.C. 30118(d) and 30120(h); delegations of 
authority at 49 CFR 1.50 and 501.8.

    Issued on: February 10, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-3020 Filed 2-16-05; 8:45 am]
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