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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-99-5056; Notice 2]

Grant of Application for Determination of Inconsequential

Noncompliance with Federal Motor Vehicle Safety Standard 108--Lamps,

Reflective Devices and Associated Equipment

General Motors Corporation (GM), determined that GM S10 Electric

Trucks (S10 trucks equipped with an electric propulsion system) fail to

meet the turn signal bulb outage requirements found in S5.5.6 of

Federal Motor Vehicle Safety Standard (FMVSS) 108--Lamps, Reflective

Devices and Associated Equipment. Pursuant to Title 49 of the United

States Code, Sections 30118 and 30120, GM applied to the National

Highway Traffic Safety Administration (NHTSA) for a decision that the

noncompliance is inconsequential as it relates to motor vehicle safety.

In accordance with 49 CFR 556.4(b)(6), GM also submitted a 49 CFR 573

noncompliance notification to the agency .

A notice of receipt of an application was published in the Federal

Register (64 FR 27034) on May 18, 1999. Opportunity was afforded for

comments until June 17, 1999. No comments were received.

FMVSS 108 S5.5.6 requires:

S5.5.6 Each vehicle equipped with a turn signal operating unit

shall also have an illuminated pilot indicator. Failure of one or

more turn signal lamps to operate shall be indicated in accordance

with SAE Standard J588e, Turn Signal Lamps, September 1970, except

when a variable-load turn signal flasher is used on a truck, bus, or

multipurpose passenger vehicle 80 or more inches in overall width,

on a truck that is capable of accommodating a slide-in camper, or on

any vehicle equipped to tow trailers.

The design of the S10 Electric Truck is based on the design of

conventional S10 trucks powered by internal combustion engines, with

modifications to accommodate the electric propulsion system. The

conventional S10 trucks are capable of towing, have a variable load

flasher, and, therefore, are not required by the Standard to provide

bulb outage indication. The use of an S10 Electric Truck for towing is

not practical and is not recommended. The impact of that fact was

overlooked in the process of carrying over the design of the turn

signal system from the conventional S10 to the S10 Electric and,

therefore, the non complying vehicles were not equipped to indicate

bulb outage and do not meet that requirement of FMVSS 108 S5.5.6. This

was corrected in the 1998 model year production of the S10 Electric.

GM believed that this noncompliance is inconsequential to motor

vehicle safety for these reasons:

The S10 Electric Trucks are identical in appearance to the normal

production vehicles. Except for the lack of towing capability, the

subject vehicles are functionally the same as fully compliant S10

trucks.

There were only 209 vehicles produced and, therefore, the exposure

is extremely small.

Most of the subject vehicles are part of commercial and government

fleets (they have been purchased by electric utility companies and

state and municipal government agencies). As such, they will be exposed

to routine maintenance schedules that are more rigorous than the

average consumer practices.

Most trucks currently produced are capable of trailer towing and,

thus, are not required to detect bulb outage. As a result, individuals

and fleets who are accustomed to truck operation do not necessarily

have an expectation that turn signal bulb outage will be indicated. In

addition, other lamps required by FMVSS 108 are not required to provide

bulb outage indication. As a result, the lack of that feature on these

vehicles is not likely to be noticed by the vehicle operators, and they

will continue to discover turn signal bulb outage the way they would on

other trucks that are capable of towing.

GM is not aware of field complaints due to the subject condition.

GM asserted that the noncomplying trucks present the same level of

safety as the millions of other vehicles with variable load flashers

currently on the roads and highways. GM thus argued that this

noncompliance is inconsequential as it relates to motor vehicle safety.

In consideration of the foregoing, GM petitioned that it be exempted

from the notification and remedy provisions of the Safety Act for this

specific noncompliance with FMVSS No. 108.

The agency recognizes that these electric vehicles are mainly used

in fleet service and in such use do receive regular periodic

maintenance where detection of the failure of a turn signal lamp and

replacement thereof is more likely than in individual ownership of such

a vehicle. Thus, the agency is convinced that this noncompliance is

inconsequential to motor vehicle safety. The likelihood of these S10

Electric Trucks having any sustained period of outage, relative to a

normal S10, or even to vehicles with turn signal failure indication is

expected to be a relatively infrequent event.

In consideration of the foregoing, NHTSA has decided that the

applicant has met its burden of persuasion that the noncompliance

described above is inconsequential to motor vehicle safety.

Accordingly, its application is granted, and the applicant is exempt

from providing the notification of noncompliance required by 49 U.S.C.

30118, required by 49 CFR 30120.

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

501.8)

Issued on: August 10, 1999.

L. Robert Shelton,

Associate Administrator for Safety Performance Standards.

[FR Doc. 99-21184 Filed 8-13-99; 8:45 am]

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