[Federal Register Volume 70, Number 44 (Tuesday, March 8, 2005)]
[Proposed Rules]
[Pages 11184-11186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4433]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571


Federal Motor Vehicle Safety Standards; Denial of Petition for 
Rulemaking

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Denial of petition for rulemaking.

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[[Page 11185]]

SUMMARY: Based on the agency's evaluation, NHTSA denies the petition 
for rulemaking from Mr. Kazyaka of TVK Industries, Inc. to amend our 
safety standards to require the shift patterns on vehicles equipped 
with manual transmissions to be illuminated and to indicate the gear 
selected.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, contact Mr. 
William D. Evans, Office of Crash Avoidance Standards, phone (202) 366-
2272. For legal issues, contact Dorothy Nakama, Office of Chief 
Counsel, phone (202) 366-2992. You may send mail to both of these 
officials at the National Highway Traffic Safety Administration, 400 
Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Background

    On October 15, 2003, NHTSA responded to a request for 
interpretation from Mr. Thomas V. Kazyaka of TVK Industries, Inc. 
regarding Federal Motor Vehicle Safety Standard (FMVSS) No. 102. Mr. 
Kazyaka expressed the view that manual transmission shift patterns are 
required to be backlit and must display the shift lever position in 
order to comply with S3.2 of FMVSS No. 102. TVK Industries, Inc. 
markets the SureShifter, which is an aftermarket device that 
illuminates the shift pattern and indicates the shift lever position on 
manual transmission-equipped vehicles. NHTSA interpreted S3.2 of FMVSS 
No. 102 as not requiring manual transmission shift patterns to have 
backlighting or to identify the shift lever position. The 
interpretation also stated that no other FMVSSs require vehicles with 
only manual transmissions to have shift pattern backlighting or to 
identify the shift lever position.
    On December 9, 2003, NHTSA responded to another letter from Mr. 
Kazyaka, which requested reconsideration of the October 2003 
interpretation. In response, NHTSA restated the position expressed in 
its original interpretation of FMVSS No. 102 to Mr. Kazyaka. Paragraph 
S3.2 of FMVSS No. 102 requires the identification of the shift lever 
pattern of manual transmissions, however, it does not require 
identification of the shift lever position nor backlighting.
    On March 9, 2004, NHTSA received a ``Petition for Rulemaking, 
Defect, and Non-compliance Orders'' from Mr. Kazyaka per 49 CFR Part 
552. In this document, Mr. Kazyaka cites several sections in FMVSS Nos. 
101 and 102 and petitions the Administrator to initiate a proceeding to 
determine whether to issue an order concerning the notification and 
remedy of a failure of motor vehicles equipped with manually shifted 
transmissions and replacement manual shift knob equipment as specified 
by FMVSS No. 101 and FMVSS No. 102. This notice responds to Mr. 
Kazyaka's recent petition.

Petition Response

    In his petition, Mr. Kazyaka cites several sections in FMVSS No. 
101 and claims that these sections require the shift patterns on manual 
transmission-equipped vehicles to have backlighting and to indicate the 
shift lever position. The purpose of FMVSS No. 101 is to ensure the 
accessibility and visibility of motor vehicle controls and displays. In 
FMVSS No.101, the only place where manual shift levers are mentioned is 
under S5.1 (Location of Hand Operated Controls). This section requires 
that the manual transmission shift lever be in a location where it is 
operable by and visible to the driver when restrained by crash 
protection equipment. This requirement refers strictly to the location 
of the manual transmission shift lever and does not require the lever 
or shift pattern to be visible under low light conditions. There is no 
other mention of the manual gearshift lever in FMVSS No. 101. In 
S5.3.1, under illumination requirements, hand-operated controls mounted 
upon the floor, floor console or steering column are specifically 
excluded from illumination requirements. Since they are mounted on the 
floor, manual transmission gearshift levers are excluded from FMVSS No. 
101 illumination requirements. Therefore, FMVSS No. 101 does not 
require the shift patterns of vehicles equipped with manual 
transmissions to have backlighting or to indicate the shift lever 
position.
    In the petition, there were also sections in FMVSS No. 102 cited as 
justification for illuminating shift patterns and indicating shift 
lever positions on manual transmission-equipped vehicles. One of the 
purposes of FMVSS No. 102 is to reduce the likelihood of shifting 
errors. For automatic transmission-equipped vehicles, there are 
requirements for the shift sequence, the identification of shift lever 
positions, the identification of shift positions in relation to one 
another and the identification of the gear selected. The only 
requirement for manual transmission-equipped vehicles is that the shift 
lever pattern must be identified and in view of the driver when the 
driver is present in the driver's seating position. This requirement 
refers strictly to the location of the shift lever pattern and in no 
way refers to illumination of the shift pattern under low light 
conditions. Also, it does not require identification of the shift lever 
position.
    Mr. Kazyaka interprets FMVSS Nos. 101 and 102 as requiring the 
illumination of manual transmission shift patterns and the 
identification of the shift lever position by equating them incorrectly 
with automatic transmission controls. The requirements for manual and 
automatic transmission controls are different because the controls are 
used differently. The shift patterns for automatic transmissions are 
usually in a relatively straight line and the shift positions are close 
together, which make it difficult for the driver to distinguish the 
position of the lever without looking at it. Also, automatic 
transmission shift levers are usually shifted when the vehicle is 
stationary.
    The simple shift pattern identification for manual transmissions 
enables the driver to learn the shift positions and operate the lever. 
A manual transmission shift lever sequence usually has a distinct 
pattern. Once drivers learn the pattern, they can determine what gear 
their vehicles are in by feel, without looking at the pattern and the 
lever position each time they shift. A manual transmission shift lever 
is shifted very often. If drivers had to look at the shift lever and 
pattern each time they changed gears, this would be a tremendous 
distraction. The fact that the driver does not refer to the shift 
pattern after it is learned is evidenced by the location of the shift 
pattern on the majority of vehicles. The shift pattern is located on 
the shift lever knob, which is covered up by the driver's hand during 
shifting.
    Mr. Kazyaka also asserts that vehicles ``equipped with automatic/
manual transmissions have taken to display the gear selection in dash-
mounted indicators,'' further noting that these devices are not 
available for retrofit and the ``shifting pattern is not displayed.'' 
In an interpretation letter of April 3, 1989, to Porsche addressing 
FMVSS No. 102 issues, NHTSA concluded that vehicles with dual function 
(automatic and manual) transmissions are in fact automatic 
transmissions for the purposes of the FMVSS. Thus, vehicles with dual 
function transmissions (even when the driver selects the ``manual'' 
mode) must meet the illumination and identification of shift lever 
position requirements, as well as other requirements in FMVSS No. 102. 
NHTSA further notes that in these dual function vehicles, the 
``manual'' system typically does not have gear selections

[[Page 11186]]

in an ``H'' configuration, but displays the gear positions in a row.
    The petition states that the consequences of motorist in manual 
transmission-equipped vehicles committing shifting errors while stopped 
at pedestrian crosswalks and railroad crossings may be fatal. It also 
states that multiple vehicle operators encounter various shifting 
patterns, and the petition claims they are at risk of causing property 
damage and injuries without shift pattern illumination and shift lever 
position identification. The petition also claims that shift pattern 
illumination and the identification of shift lever position are more 
important on vehicles equipped with idle-stop technology where the 
engine stops and starts automatically while the vehicle is stationary. 
The agency has searched both its crash and complaint databases and has 
found no indication of a shifting error problem relative to manual 
transmission-equipped vehicles both with and without the idle-stop 
feature. Drivers of manual transmission-equipped vehicles shift and 
know what gear they are in by feel. Once drivers learn their shift 
patterns, (a process that is completed very quickly), there is no need 
for them to look at the shift pattern each time they shift or want to 
know their gear position.
    In accordance with 49 CFR part 552, this completes the agency's 
technical review of the petition for rulemaking from TVK Industries, 
Inc. NHTSA believes that Mr. Kazyaka's interpretations relative to 
FMVSS Nos. 101 and 102 are incorrect and the standards do not require 
manual transmission shift patterns to be illuminated or to indicate the 
shift lever position. Also, NHTSA believes that any suggested 
amendments to the FMVSSs that would require manual transmission shift 
lever patterns to be illuminated or indicate the shift lever position 
would not change the performance requirements in a manner that would 
result in improved safety. Thus, after considering the allocation of 
agency resources and agency priorities, NHTSA has decided that the 
rulemaking requested by the petitioner is not warranted. Accordingly, 
the rulemaking requested by the petition is denied.

    Authority: 49 U.S.C. 322, 30111, 30115, 30166 and 30177; 
delegation of authority at 49 CFR 1.50.

    Issued on: March 2, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-4433 Filed 3-7-05; 8:45 am]
BILLING CODE 4910-59-P