[Federal Register Volume 64, Number 137 (Monday, July 19, 1999)]
[Notices]
[Pages 38701-38702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18309]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-99-4973; Notice 2]
Nissan Motors Corp. U.S.A.; Grant of Application for Decision of
Inconsequential Noncompliance
Nissan Motor Corporation U.S.A. (Nissan) of Gardena, California,
has determined that some of its vehicles fail to meet the display
requirements of paragraph S3.1.4.1 of Federal Motor Vehicle Safety
Standard (FMVSS) No. 102, ``Transmission Shift Lever Sequence, Starter
Interlock, and Transmission Braking Effect,'' and has filed an
appropriate report pursuant to 49 CFR part 573 , ``Defects and
Noncompliance Reports.'' Nissan has also applied to be exempted from
the notification and remedy requirements of 49 U.S.C. Chapter 301
``Motor Vehicle Safety'' on the basis that the noncompliance is
inconsequential to motor vehicle safety.
A notice of receipt of the application was published in the Federal
Register (64 FR 3739) on January 25, 1999. Opportunity was afforded for
public comment until February 24, 1999. No comments were received.
Under S3.1.4.1 of FMVSS No. 102, if a vehicle's transmission shift
lever sequence includes a park position, identification of the shift
lever positions (including the positions in relation to each other and
the position selected) shall be displayed in view of the driver under
two conditions: if the ignition is in a position where the transmission
can be shifted, or if the transmission is not in park.
From September 1997 to August 1998, Nissan produced approximately
22,000 Frontier trucks that use an electronic display in the instrument
panel to indicate transmission gear position. In these vehicles, when
the ignition key is in either the ``OFF'' or ``ACCESSORY'' position,
the selected gear position is not displayed. ``OFF'' refers to the
range of movement of the ignition key between the ``LOCK'' and
``ACCESSORY'' positions. The gear selector lever can be moved while the
ignition switch is in ``OFF'' or ``ACCESSORY.'' There is no detent for
``OFF'' as the key is rotated nor is ``OFF'' labeled on the ignition
switch. There is a detent for ``ACCESSORY'' and it is labeled on the
ignition switch. Nissan states that the affected vehicles comply with
all other requirements of FMVSS No. 102.
Nissan supports its application for inconsequential noncompliance
with the following statements:
The situation involving the Frontier trucks is essentially the
same as that described in an inconsequentiality petition filed by
General Motors Corporation in 1993 and granted by NHTSA. See 58 FR
16735, March 30, 1993 and 58 FR 33296, June 16, 1993. The petitioner
in that matter stated that, on certain of its vehicles, the PRNDL
display would not be illuminated if the transmission was left in a
position other than ``PARK'' when the ignition key was turned
``OFF.'' The petitioner noted that the vehicles in question complied
with FMVSS 102 during normal ignition activation and vehicle
operation. In that matter, NHTSA concluded that since the
noncompliance did not occur during times that the affected vehicles
were operated, ``the noncompliance presents no discernible threat to
safety.'' See 58 FR 33297.
As NHTSA noted in proposing the current version of the standard
(49 FR 32409, August 25, 1988), the purpose of the display
requirement is to ``provide the driver with transmission position
information for the vehicle conditions where such information can
reduce the likelihood of shifting errors.'' In all but the rarest
circumstances, the primary function of the transmission display is
to inform the driver of gear selection and relative position of the
gears while the engine is running.
In the case of the Nissan trucks, the selected gear position and
PRNDL display are always visible when the engine is running. The
selected gear position is not shown in the instrument panel
electronic display if the engine is turned off. If the ignition key
is rotated to the ``ON'' position, the selected gear position
immediately illuminates. If the transmission is in ``PARK'' and the
engine is started, the selected gear position becomes immediately
visible.
If the driver seeks to start the truck when the transmission is
not in the ``PARK'' or ``NEUTRAL'' position, ignition would be
impossible, as required under FMVSS 102. As soon as the ignition key
is rotated to the ``ON'' or ``START'' position, the selected gear
would become immediately apparent as the display is illuminated
under these conditions. This means that the engine will only start
under the condition that the PRNDL and selected gear position are
visible to the driver.
Because the movement of the shift lever to place the
transmission in ``PARK'' is the same on all vehicles using a column-
mounted shift lever, that is, pulled toward the driver and then
moved all the way to the left, most drivers do not rely on the PRNDL
display to ensure the transmission is in ``PARK.'' This means that
it is highly unlikely a driver attempting to place the transmission
in ``PARK'' would fail to do so even if the gear position was not
visible on the PRNDL display.
If the driver were to attempt to remove the key before exiting the
vehicle while erroneously believing that the transmission is in
``PARK'' (with the ignition key being in the ``OFF'' or ``ACCESSORY''
position), it would be impossible to remove the key from the ignition.
This would alert drivers that the transmission was not in ``PARK'' and
cause them to put it in ``PARK'' so that they could remove the key. If
the driver opens the door before attempting to remove the key, the
FMVSS 114 audible warning would sound when the door is opened,
providing further indication of the improper gear selection. As stated
by NHTSA, exiting the vehicle in these circumstances ``would be limited
to the rare situation.'' See 54 FR 29042, 29044 (July 11, 1989).
Nissan believes that the theoretical risk of one of the subject
vehicles rolling away after the driver exits the vehicle because
they failed to place the transmission in ``PARK'' and/or to engage
the parking brake while leaving the key in the ignition switch in
the ``OFF'' or ``ACCESSORY'' position so that the selected gear is
not displayed in the PRNDL is no higher than in a vehicle in which
the PRNDL display is working properly.
Although there may be rare circumstances when it would be useful
to know the gear position when the engine is off, this information
is provided by the shift lever position. Moreover, the electronic
display can be illuminated simply by turning the key to the ``ON''
position. As noted above and as stated in the final notice granting
the General Motors petition, ``in all but the rarest circumstances,
the primary function of the PRNDL display is to inform the driver of
gear selection and relative position of the gears while the engine
is running.'' See 58 FR 33297.
The gear selector lever on these trucks cannot be moved from the
``PARK'' position if the key is not in the ignition switch.
Therefore, the fact that the selected gear is not displayed in the
PRNDL with the ignition key in the ``OFF'' or ``ACCESSORY'' position
has no relevance when the key is not in the switch.
Nissan has no record of any customer complaint or accident
report that could be associated with or attributed to this
condition.
We have reviewed the application and agree with Nissan that the
noncompliance is inconsequential to motor vehicle safety. Because all
of the approximately 22,000 vehicles comply with the display
requirements of FMVSS No. 102 during normal ignition activation and
vehicle operation, the vehicle's ignition would have to be in the
``OFF'' or ``ACCESSORY'' positions for the noncompliance to occur. Of
these two positions, ``OFF'' has no detent, but ``ACCESSORY'' does.
Because ``OFF'' has no detent position,
[[Page 38702]]
we agree with Nissan that it is highly unlikely that a driver would
actually leave the ignition in this position.
The only situations in which the noncompliance would affect the
vehicle operator would be if the operator turns the ignition switch to
the ``OFF'' or ``ACCESSORY'' position without the transmission being
placed in the ``PARK'' position. In this situation, the operator would
not be able to remove the key from the ignition due to the transmission
shift interlock. We agree with Nissan that, if this situation occurs,
only two scenarios are possible. The operator will exit the vehicle
without the key or the operator will remain in the vehicle.
In the first situation, if the operator attempts to exit the
vehicle without the key, an audible warning, as required in FMVSS No.
114, will sound, alerting the operator that the key is in the ignition.
We believe that the audible warning signal requirement of FMVSS No. 114
should reduce the possibility of the operator leaving the vehicle
without the key.
In the second situation, if the driver remains in the vehicle, he
or she will attempt to restart the vehicle. However, the engine cannot
be started if the vehicle's transmission is not in the ``PARK''
position. But, since turning the ignition forward to the ``ON''
position will activate the PRNDL display, the operator will be alerted
that the transmission is not in the ``PARK'' position.
Further, as Nissan points out, we granted a similar application
from General Motors Corporation (GM) in 1993 (58 FR 33296). In this
case, certain GM vehicles were found to be out of compliance with the
display requirements of FMVSS No. 102, namely, the PRNDL displays on
the subject GM vehicles would not be illuminated if the transmission
was left in a position other than ``PARK'' when the ignition was in the
``OFF'' position. We did conclude that, because the noncompliance did
not occur during times of operation, ``the noncompliance presents no
discernible threat to safety.''
In view of the arguments offered by Nissan, we do not deem this
noncompliance to be a serious safety problem warranting notification
and remedy. Accordingly, we have decided that the applicant has met its
burden of persuasion that the noncompliance it described above is
inconsequential to motor vehicle safety. Therefore, its application is
granted and the applicant is exempted from providing the notification
of the noncompliance that is required by 49 U.S.C. 30118 and from
remedying the noncompliance as required by 49 U.S.C. 30120.
(49 U.S.C. 30118 and 30120; delegations of authority at 49 CFR 1.50
and 501.8)
Issued on: July 14, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-18309 Filed 7-16-99; 8:45 am]
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