[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Notices]
[Pages 60458-60459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22621]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-19217; Notice 1]


Mitsubishi Motor Sales Caribbean, Inc., Receipt of Petition for 
Decision of Inconsequential Noncompliance

    Mitsubishi Motor Sales Caribbean, Inc. (MMSC) has determined that 
certain vehicles that it imported and distributed in 1997 through 2005 
do not comply with S4.5.1(b)(2)(ii), (c)(1) and (e)(1)(ii) of 49 CFR 
571.208, Federal Motor Vehicle Safety Standard (FMVSS) No. 208, 
``Occupant Crash Protection.'' MMSC 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), MMSC 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 MMSC'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.
    A total of approximately 85,065 model year 1998 to 2005 Mitsubishi 
vehicles are affected. Approximately 70,592 Monteros, Nativas, 
Diamantes, Mirages, Lancers, and Outlanders covering model years from 
1998 to 2005 do not comply with S4.5.1(b)(2)(ii), ``Sun visor air bag 
warning label.'' Approximately 10,761 Nativas covering model years 
2000--2004 do not comply with S4.5.1(c)(1), ``Air bag alert label.'' 
Approximately 85,065 Monteros, Nativas, Diamantes, Mirages, Lancers, 
3000 GTs, Outlanders, Galants, Eclipses, Eclipse Spyders, and Endeavors 
covering model years 1998--2005 do not comply with S4.5.1(e)(1)(ii), 
``Label on the dashboard.''
    The relevant requirements of FMVSS No. 208, S4.5.1, ``Labeling and 
owner's manual information,'' are as follows: ``(b)(2)(ii) The message 
area [of the permanent sun visor air bag warning label] * * * shall be 
no less than 30 cm\2\. * * * (c)(1) The message area [of the permanent 
sun visor air bag alert label] * * * shall be no less than 20 square 
cm. * * * (e)(1)(ii) The message area [of the temporary label on the 
dashboard] * * * shall be no less than 30 cm\2\.''
    On the affected vehicles, the actual measurement of the English 
message area for the sun visor air bag warning label is 27 cm\2\ rather 
than the required minimum of 30 cm\2\, for the sun visor alert label is 
12 cm\2\ rather than the required minimum of 20 cm\2\, and for the dash 
label is 19 cm\2\ rather than the required minimum of 30 cm\2\. MMSC 
explains that these noncompliances resulted from reducing the English 
message areas when the respective Spanish translations were added.
    MMSC believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. In support 
of its petition, MMSC states the following:

    The likelihood consumers will perceive the presence of the 
labels is enhanced since the overall sizes of the bilingual labels 
are larger than the English only labels while the understandability 
performance of the warnings is enhanced since the message reaches a 
wider audience than an English only version.
    The legibility of the labels at the required distance (i.e., 
from all front seating positions) is not degraded since the font 
size, font color, and letter spacing remain the same as our English 
only versions that meet the message area requirements.
    The labels meet all other requirements in every respect 
including heading content, heading color, message content, message 
area color, message text color, alert symbol content, and alert 
symbol color. * * *
    Mitsubishi believes the percentage of vehicles actually fitted 
today with the non-compliant temporary dash labels is for all 
intents and purposes zero, considering in all likelihood they have 
already been removed by customers after purchase.

    MMSC has received no customer complaints related to the bilingual 
labels.
    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 
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

[[Page 60459]]

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: November 8, 2004.

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

    Issued on: September 30, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-22621 Filed 10-7-04; 8:45 am]
BILLING CODE 4910-59-P