[Federal Register Volume 69, Number 218 (Friday, November 12, 2004)]
[Notices]
[Page 65499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25215]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-19529; Notice 1]


Toyota Motor North America, Inc., Receipt of Petition for 
Decision of Inconsequential Noncompliance

    Toyota Motor Corporation has determined that the daytime running 
lamps (DRLs) on certain vehicles it manufactured in 1998-2005 do not 
comply with S5.5.11(a) of 49 CFR 571.108, Federal Motor Vehicle Safety 
Standard (FMVSS) No. 108, ``Lamps, reflective devices, and associated 
equipment.'' Toyota Motor North America, Inc. (Toyota), on behalf of 
Toyota Motor Corporation, 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) and on behalf of Toyota 
Motor Corporation, Toyota 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 Toyota'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 75,355 model year 1998-2005 Lexus LX470 
vehicles are affected. S5.5.11(a) of FMVSS No. 108 requires that

* * * each such lamp: (1) Has a luminous intensity not less than 500 
candela at test point H-V, nor more than 3,000 candela at any 
location in the beam, when tested in accordance with Section S11 of 
this standard, unless it is: * * * (ii) An upper beam headlamp 
intended to operate as a DRL, whose luminous intensity at test point 
H-V is not more than 7,000 candela, and which is mounted not higher 
than 864 mm above the road surface as measured from the center of 
the lamp with the vehicle at curb weight.

    The DRLs on the LX470s are provided by the upper beam headlamps 
operating at a lower intensity, with each lamp having a maximum 
luminous intensity of roughly 4,720 candela at the maximum point in the 
beam. However, the specification of the height above the road surface 
as measured from the center of the lamps with the vehicles at curb 
weight is 895 mm, and therefore the DRLs exceed the maximum luminous 
intensity specified in S5.5.11(a)(1)(ii) of FMVSS No. 108.
    Toyota believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Toyota 
states the following in its petition.

    Toyota conducted subjective evaluations of the glare from the 
DRLs using 19 contractors for the subject vehicles under various 
conditions, and confirmed that glare from the subject vehicles is 
the same or better than vehicles that were modified to meet the 
maximum DRL luminous intensity permitted by the standard at the 
height limit of 864 mm. Toyota evaluated the glare from the subject 
vehicles' DRLs by observing them through the rearview mirror of a 
small passenger car as well as directly, as from an oncoming 
vehicle. According to Toyota's evaluation, the subject vehicles 
received overall ratings above 5 (``lamps are just acceptable''). 
Accordingly, in the scale, higher numbers indicate less glare.

    Toyota indicates in its petition that a rating of 1 indicates ``The 
headlamps are unbearable,'' while the highest rating of 9 indicates 
``The headlamps are just noticeable.''
    Toyota further states,

    Toyota calculated the luminous intensity of light from the DRLs 
striking the rearview mirror of the preceding vehicle mounted 1,120 
mm (44 inches) above the ground and 6.1 m (20 feet) in front of the 
DRL. We also indicated the allowable range of the regulation. * * * 
The assessment mirror height of 44 inches and distance of 20 feet 
are the same used in NHTSA's own evaluation as described in the 
final rule published in the Monday, January 11, 1993 Federal 
Register (58 FR 3500). * * * [W]e can confirm that luminous 
intensity from the subject vehicle DRL (4,720 candela, 895 mm high) 
is below the maximum luminous intensity of allowable range up to 864 
mm high.

    Toyota says in its petition that the subject vehicles meet all 
requirements of the Canadian motor vehicle standards, and that it has 
received no customer complaints or reports that allege a crash, injury 
or fatality due to problems arising from DRL glare by these vehicles.
    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 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: December 13, 2004.

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

    Issued on: November 5, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-25215 Filed 11-10-04; 8:45 am]
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