[Federal Register Volume 65, Number 193 (Wednesday, October 4, 2000)]
[Notices]
[Page 59247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25436]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2000-8014; Notice 1]


Mercedes-Benz USA, Receipt of Application for Decision of 
Inconsequential Noncompliance

    Mercedes-Benz, U.S.A., L.L.C., Montvale, New Jersey (MBUSA), has 
determined that a limited number of model year 2000 Mercedes-Benz CL500 
vehicles were produced and sold with upper beam headlamps that do not 
meet the photometric requirements mandated by Federal Motor Vehicle 
Safety Standard (FMVSS) No. 108, ``Lamps, Reflective Devices, and 
Associated Equipment.'' A number of Mercedes-Benz CL500 vehicles were 
produced with upper beam headlamps that exceed the photometric limits 
of FMVSS 108.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Mercedes-Benz has 
petitioned for a determination that this noncompliance is 
inconsequential to motor vehicle safety and has filed an appropriate 
report pursuant to 49 CFR part 573, ``Defect and Noncompliance 
Reports.''
    This notice of receipt of this application 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 application.
    Mercedes-Benz CL500 vehicles are equipped with Xenon headlamps. The 
lamps are a type of lighting technology that replaces the filament of 
the light bulb with a capsule of gas, in this case Xenon. When high 
voltage is applied, the Xenon gas is ignited to produce an arc of 
light. The amount of light produced is greater than a standard halogen 
bulb, while consuming less power, and more closely approximating the 
color temperature of natural daylight. When the lower beams of the 
Mercedes-Benz CL500 are illuminated, the Xenon lamps are illuminated 
and, through the use of a mechanical flap, are directed at an angle 
that optimizes illumination of road surfaces in front of the vehicle. 
In lower-beam mode the Xenon lamps meet all photometric requirements 
outlined in FMVSS 108. When the upper beam headlamps are activated, the 
mechanical flap alters the angle of the Xenon lamp illumination to 
provide higher angle illumination. In 613 Model Year 2000 CL500 
vehicles, in addition to the Xenon lamp, a separate H7 lamp was 
improperly wired to illuminate at the same time the mechanical flap was 
activated to increase the Xenon light angle. In upper-beam mode, the 
Xenon and H7 lamp combination emit 89,000 candela of light and 12,731 
candela of light at test points H,V and 4D-V respectively. This 
measurement exceeds the maximum photometric requirements of FMVSS 108 
by approximately 20 percent.
    MBUSA does not believe that the foregoing noncompliance will impact 
motor vehicle safety for the following reasons:
    (1) Only a very limited number of Mercedes-Benz CL500 vehicles were 
produced containing the foregoing noncompliance (613 units). This 
number represents only minimal percentage of all vehicles operating in 
the United States.
    (2) Upper beam headlamps are not legal in States for operation in 
the presence of oncoming traffic. Therefore, the higher output upper 
beam headlamps will likely not even be noticed by other drivers or 
vehicle occupants. Moreover, MBUSA believes that the approximately 20% 
increase in upper beam headlamp output in affected CL500's is 
indistinguishable to occupants of oncoming vehicles.
    (3) With regards to the driver of the affected vehicles, MBUSA 
believes that the increase in output for upper beam headlamps may 
actually enhance vehicle safety in that drivers will have a greater 
view down the road thereby providing earlier warning of obstacles in 
the vehicle's intended path of travel.
    MBUSA has not received, nor is the Company aware of, any 
complaints, accidents or injuries caused by the higher output upper 
beam headlamps.
    Interested persons are invited to submit written data, views, and 
arguments on the application described above. Comments should refer to 
the docket number and be submitted to: U.S. Department of 
Transportation, Docket Management, Room PL-401, 400 Seventh Street, 
SW., Washington, DC 20590. It is requested that two copies be 
submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible. When the 
application is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below. Comment 
closing date: November 3, 2000.

(49 U.S.C. 301118, 301120; delegations of authority at 49 CFR 1.50 
and 501.8)

    Issued on: September 28, 2000.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 00-25436 Filed 10-3-00; 8:45 am]
BILLING CODE 4910-59-P