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[Federal Register Volume 63, Number 117 (Thursday, June 18, 1998)]
[Notices]
[Pages 33433-33434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16230]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3813; Notice 1]

Application for Determination of Inconsequential Noncompliance to 
Federal Motor Vehicle Safety Standard 108--Lamps, Reflective Devices 
and Associated Equipment

    General Motors Corporation (GM), has determined that blackout paint 
on the rear window of the 1997 GM EV1 (electric vehicle) may cause the 
center high-mounted stop lamp (CHMSL) to fail to meet the photometric 
requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 108--
Lamps, Reflective Devices and Associated Equipment. Pursuant to 49 
U.S.C. 30118 and 30120, GM has applied to the National Highway Traffic 
Safety Administration (NHTSA) for a decision that the noncompliance is 
inconsequential as it relates to motor vehicle safety. GM has submitted 
a noncompliance notification to the agency pursuant to 49 CFR Part 573, 
``Defects and Noncompliance Reports.''
    This notice of receipt of an 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.
    During the inclusive manufacturing dates from August 1996 to June 
1997, GM produced 624 model year 1997 EV1 electric cars, that may have 
CHMSLs that fail to meet FMVSS No. 108.
    GM claims that only 290 of the vehicles in the field are covered by 
this application, and that the other vehicles are within GM's control, 
and will be remedied before delivery to retail customers.
    GM states that the EV1 CHMSL meets the requirements of FMVSS No. 
108 Figure 10--Photometric Requirements for Center High-Mounted Stop 
Lamps. However, when the CHMSL is mounted in the vehicle, the blackout 
paint on the rear window may inadvertently obscure

[[Page 33434]]

a portion of the CHMSL's photometric output. GM states that if the 
worst case build condition were present on a vehicle, blackout paint 
would obscure the portion of the CHMSL corresponding to the 5D (5 
degrees below horizontal) photometric requirements .
    GM believes that this noncompliance is inconsequential to motor 
vehicle safety for the following reasons:
    The EV1 sits low to the ground, so light provided by the CHMSL is 
visible to drivers of other vehicles, even with the bottom of the CHMSL 
obscured.
    The specified range of photometric output for a CHMSL, from 10U to 
5D, was developed from SAE J186a and is presumably intended to allow 
manufacturers latitude in locating CHMSLs for the myriad of vehicle 
designs, while assuring sufficient signal light to drivers of following 
vehicles. Because the EV1 CHMSL is so low to the ground, the 5D angle 
is far less significant to following drivers than it would be if 
mounted higher.
    A perceived benefit of the CHMSL is the ability it provides 
following drivers to see through intervening vehicles. Because the EV1 
and its CHMSL are low to the ground, a following driver's ability to 
see the CHMSL through intervening vehicles is not compromised by the 
lost light at the lower portion of the CHMSL.
    To reduce aerodynamic drag, the EV1 was designed to be extremely 
narrow. As a consequence of its narrow profile, the stop lamps are in 
close proximity to the CHMSL (510 mm from the center of the brake lamp 
to the center of the CHMSL). This minimizes the effect of the obscured 
portion of the CHMSL.
    Except for 5D, the EV1 CHMSL meets all other requirements of FMVSS 
No. 108, and the photometric output of the stop lamps, which are 
supplemented by the CHMSL, far exceed the FMVSS No. 108 minimum 
requirements.
    GM is not aware of any accidents, injuries, owner complaints or 
field reports related to this issue.
    Additionally GM provided two figures (which are available in the 
application filed in the public docket) that illustrate rear stop lamp 
visibility to following vehicle drivers, to support the claims for 
inconsequentiality.
    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: Docket Management, Room PL-401, 
400 Seventh Street, SW, Washington, DC 20590. It is requested but not 
required that six copies be submitted. Docket hours are 10:00 A.M. to 
5:00 P.M.
    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: July 20, 1998.

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

    Issued on: June 12, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-16230 Filed 6-17-98; 8:45 am]
BILLING CODE 4910-59-P
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