Toyota Motor North America, Inc., Denial of Petition for Decision of Inconsequential Noncompliance, 11729-11730 [05-4531]
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Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Notices
relate to motor vehicle safety, and that
the problem has been corrected either
by discontinuation or change of the
mold of the affected tires.
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 https://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 https://
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: April 8, 2005.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8.
Issued on: March 3, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle
Safety.
[FR Doc. 05–4529 Filed 3–8–05; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA 2004–19996; Notice 2]
Dynamic Tire Corp., Grant of Petition
for Decision of Inconsequential
Noncompliance
Dynamic Tire Corp. (Dynamic Tire)
has determined that certain tires it
imported and which were manufactured
by Tianjin Wanda Tyre Group Co., LTD
do not comply with S6.5(b) of Federal
Motor Vehicle Safety Standard (FMVSS)
No. 119, ‘‘New pneumatic tires for
vehicles other than passenger cars.’’
Pursuant to 49 U.S.C. 30118(d) and
30120(h), Dynamic Tire 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.’’ Notice of receipt of a petition
was published, with a 30-day comment
period, on January 14, 2005, in the
Federal Register (70 FR 2707). NHTSA
received no comments.
A total of approximately 67,864 tires
produced between August 1, 2004 to
December 4, 2004 are affected. S6.5(b) of
FMVSS No. 119 requires that each tire
shall be marked on each sidewall with
‘‘the tire identification number required
by part 574 of this chapter.’’ Part
574.5(d) requires the date code to be
listed such that the first two symbols
must identify the week of the year and
the third and fourth symbols must
identify the year. The noncompliant
tires reversed the order of these
symbols.
Dynamic Tire believes that the
noncompliance is inconsequential to
motor vehicle safety and that no
corrective action is warranted. Dynamic
Tire states that ‘‘the production week
* * * begins with the 31st week of 2004
which eliminates any possibility of
confusion between week and year
designation.’’ Dynamic Tire further
states that the tires comply with all
other requirements of the Federal Motor
Vehicle Safety Standards.
The agency agrees with Dynamic Tire
that the noncompliance is
inconsequential to motor vehicle safety.
Since the production week begins with
the 31st week of 2004, this eliminates
any possibility of confusion between
week and year designation. In addition,
the tires comply with all other FMVSS
requirements. Dynamic Tire has
corrected the problem.
In consideration of the foregoing,
NHTSA has decided that the petitioner
has met its burden of persuasion that
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11729
the noncompliance described is
inconsequential to motor vehicle safety.
Accordingly, Dynamic Tire’s petition is
granted and the petitioner is exempted
from the obligation of providing
notification of, and a remedy for, the
noncompliance.
Authority: (49 U.S.C. 30118, 30120;
delegations of authority at CFR 1.50 and
501.8)
Issued on: March 3, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle
Safety.
[FR Doc. 05–4530 Filed 3–8–05; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2004–19529; Notice 2]
Toyota Motor North America, Inc.,
Denial 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.’’ Pursuant to 49 U.S.C.
30118(d) and 30120(h), Toyota Motor
North America, Inc. (Toyota), on behalf
of Toyota Motor Corporation, 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. Notice of receipt
of Toyota’s petition was published, with
a 30 day comment period, on November
12, 2004, in the Federal Register (69 FR
65499). NHTSA received 48 comments.
A total of approximately 75,355
model year 1998–2005 Lexus LX470
vehicles are affected. The DRLs on the
LX470s are mounted at 895 mm above
the road surface, as measured from the
center of the lamps with the vehicles at
curb weight, and are provided by the
upper beam headlamps operating at a
reduced intensity. For this DRL
configuration, S5.5.11(a) of FMVSS No.
108 requires that each such lamp have
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. However, each LX 470 DRL lamp
exceeds the 3,000 maximum candela
requirement by approximately 57%
with a luminous intensity of roughly
4,720 candela at the maximum point in
E:\FR\FM\09MRN1.SGM
09MRN1
11730
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Notices
the beam. Toyota did not indicate where
in the beam this maximum point was
located, nor provide any other
photometry data to fully define the
beam.
Toyota believes that the
noncompliance is inconsequential to
motor vehicle safety and that no
corrective action is warranted. Toyota
argues that its DRLs have the same or
less glare than other permissible DRL
configurations. In particular, Toyota
compared its DRLs to a configuration
that was designed to the requirements
that apply to lower mounted upper
beam headlamp DRLs. Paragraph
S5.5.11(a)(1)(ii) provides that if an
upper beam headlamp intended to
operate as a DRL 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, it may
have a luminous intensity at test point
H–V not more than 7,000 candela.
Toyota states the following in its
petition.
vehicle standards,3 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. Toyota has
corrected the problem.
NHTSA received 48 public comments
in response to the notice of receipt. One
comment from a private citizen supports
granting the petition as ‘‘more than
reasonable’’ but does not address the
effect of the noncompliance on motor
vehicle safety. The remaining 47
comments recommend denying the
petition. The comment from Advocates
for Highway and Auto Safety supports
denial because
Toyota’s proffered subjective evaluation of
glare fails to demonstrate that drivers will not
find the noncompliant * * * DRLs * * * to
produce either disabling or high discomfort
glare that can be a factor in motor vehicle
crashes.
Toyota indicated in its petition that
the subject vehicles meet all
requirements of the Canadian motor
The remaining 46 comments favoring
denial were from private citizens. Of
those, 26 favor denial because of
excessive glare, 18 favor denial because
of general opposition to DRLs, two favor
denial because of potential danger to
motorcyclists, and one favors denial
because of the inability to distinguish
directional light signals.
NHTSA has reviewed the petition and
has determined that the noncompliance
is not inconsequential to motor vehicle
safety. As Toyota states in its petition,
its evaluation of the glare from the
noncompliant lamps was subjective.
NHTSA agrees with Advocates for
Highway and Auto Safety that this
subjective evaluation does not
substantiate that drivers will be
unaffected by the extent of glare
resulting from the 57% higher-thanallowed DRL intensity. The fact that 46
private citizens expressed concern about
the noncompliance and its effect on
safety, including 26 who specifically
mentioned glare, makes even more
questionable the non-objective
assessment by Toyota under one
possible scenario that this
noncompliance is not consequential to
motor vehicle safety.
The agency also notes that the LX470
is equipped with an ‘‘Adjustable Height
Control (AHC)’’ that is described by
Lexus as: ‘‘AHC raises and lowers the
LX470 nearly four inches—
approximately two inches above and
approximately two inches below
normal—at the push of a button. Drivers
1 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.’’
2 NHTSA notes that its evaluation was conducted
at a distance of 28 feet between the interior
rearview mirror and the following vehicles DRLs.
3 NHTSA notes that CMVSS No. 108 requires
headlamps operating as DRLs to be mounted at
heights permissible for headlamps (559–1372 mm)
and have an intensity within 2000 cd to 7000 cd
range. Other lamps operating as DRLs are limited
to 3000 cd maximum and a maximum mounting
height of 2110 mm.
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’’).1 Accordingly, in the scale,
higher numbers indicate less glare.
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 2
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.
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can choose high, normal or low
positions.’’ Increasing the ride height of
the LX470 by 2 inches (50 mm) under
certain driving conditions may further
exacerbate the glare experienced by
preceding and oncoming drivers as a
result of the equivalent increase in DRL
height. The one comment by a private
citizen that favors granting Toyota’s
petition does not address the
consequences on motor vehicle safety,
and therefore is not persuasive.
We have received hundreds of letters
from citizens about excessive glare from
headlamp-derived DRLs and
particularly upper beam-derived DRLs.
We have found that the actual
intensities of some of these headlamp
DRLs on vehicles are as much as 1.35
times the intensities measured when the
lamps are photometrically tested in the
laboratory—because vehicle voltages up
to 14 volts are found on some vehicles
(compared to the 12.8 volt lab test
voltage). This may help explain why
there are so many reports by the public
of glare from DRLs.
We believe that manufacturers should
be held to the existing location
requirements so as not to exacerbate the
problem of glare. The DRL intensity
requirements in existence since
February 10, 1993 were a significant
relaxation (i.e., increase in intensity)
from that originally proposed on August
12, 1991 (56 FR 38100). Even then, DRL
glare was an important issue. Public
concerns have caused NHTSA to reexamine the intensity limits for DRLs.
Given these circumstances, we cannot
find that a noncompliance that
substantially increases DRL glare is
inconsequential to safety.
In consideration of the foregoing,
NHTSA has decided that the petitioner
has not met its burden of persuasion
that the noncompliance it describes is
inconsequential to motor vehicle safety.
Accordingly, its petition is hereby
denied. Toyota must now fulfill its
obligation to notify and remedy under
49 U.S.C. 30118(d) and 30120(h).
Authority: 49 U.S.C. 30118(d) and
30120(h); delegations of authority at CFR
1.50 and 501.8.
Issued on: March 3, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle
Safety.
[FR Doc. 05–4531 Filed 3–8–05; 8:45 am]
BILLING CODE 4910–59–P
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Agencies
[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Notices]
[Pages 11729-11730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4531]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2004-19529; Notice 2]
Toyota Motor North America, Inc., Denial 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.'' Pursuant to 49 U.S.C. 30118(d) and 30120(h), Toyota Motor
North America, Inc. (Toyota), on behalf of Toyota Motor Corporation,
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. Notice of
receipt of Toyota's petition was published, with a 30 day comment
period, on November 12, 2004, in the Federal Register (69 FR 65499).
NHTSA received 48 comments.
A total of approximately 75,355 model year 1998-2005 Lexus LX470
vehicles are affected. The DRLs on the LX470s are mounted at 895 mm
above the road surface, as measured from the center of the lamps with
the vehicles at curb weight, and are provided by the upper beam
headlamps operating at a reduced intensity. For this DRL configuration,
S5.5.11(a) of FMVSS No. 108 requires that each such lamp have 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. However, each LX
470 DRL lamp exceeds the 3,000 maximum candela requirement by
approximately 57% with a luminous intensity of roughly 4,720 candela at
the maximum point in
[[Page 11730]]
the beam. Toyota did not indicate where in the beam this maximum point
was located, nor provide any other photometry data to fully define the
beam.
Toyota believes that the noncompliance is inconsequential to motor
vehicle safety and that no corrective action is warranted. Toyota
argues that its DRLs have the same or less glare than other permissible
DRL configurations. In particular, Toyota compared its DRLs to a
configuration that was designed to the requirements that apply to lower
mounted upper beam headlamp DRLs. Paragraph S5.5.11(a)(1)(ii) provides
that if an upper beam headlamp intended to operate as a DRL 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, it may have a
luminous intensity at test point H-V not more than 7,000 candela.
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'').\1\
Accordingly, in the scale, higher numbers indicate less glare.
\1\ 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
\2\ 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.
---------------------------------------------------------------------------
\2\ NHTSA notes that its evaluation was conducted at a distance
of 28 feet between the interior rearview mirror and the following
vehicles DRLs.
Toyota indicated in its petition that the subject vehicles meet all
requirements of the Canadian motor vehicle standards,\3\ 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. Toyota has corrected the problem.
---------------------------------------------------------------------------
\3\ NHTSA notes that CMVSS No. 108 requires headlamps operating
as DRLs to be mounted at heights permissible for headlamps (559-1372
mm) and have an intensity within 2000 cd to 7000 cd range. Other
lamps operating as DRLs are limited to 3000 cd maximum and a maximum
mounting height of 2110 mm.
---------------------------------------------------------------------------
NHTSA received 48 public comments in response to the notice of
receipt. One comment from a private citizen supports granting the
petition as ``more than reasonable'' but does not address the effect of
the noncompliance on motor vehicle safety. The remaining 47 comments
recommend denying the petition. The comment from Advocates for Highway
and Auto Safety supports denial because
Toyota's proffered subjective evaluation of glare fails to
demonstrate that drivers will not find the noncompliant * * * DRLs *
* * to produce either disabling or high discomfort glare that can be
a factor in motor vehicle crashes.
The remaining 46 comments favoring denial were from private
citizens. Of those, 26 favor denial because of excessive glare, 18
favor denial because of general opposition to DRLs, two favor denial
because of potential danger to motorcyclists, and one favors denial
because of the inability to distinguish directional light signals.
NHTSA has reviewed the petition and has determined that the
noncompliance is not inconsequential to motor vehicle safety. As Toyota
states in its petition, its evaluation of the glare from the
noncompliant lamps was subjective. NHTSA agrees with Advocates for
Highway and Auto Safety that this subjective evaluation does not
substantiate that drivers will be unaffected by the extent of glare
resulting from the 57% higher-than-allowed DRL intensity. The fact that
46 private citizens expressed concern about the noncompliance and its
effect on safety, including 26 who specifically mentioned glare, makes
even more questionable the non-objective assessment by Toyota under one
possible scenario that this noncompliance is not consequential to motor
vehicle safety.
The agency also notes that the LX470 is equipped with an
``Adjustable Height Control (AHC)'' that is described by Lexus as:
``AHC raises and lowers the LX470 nearly four inches--approximately two
inches above and approximately two inches below normal--at the push of
a button. Drivers can choose high, normal or low positions.''
Increasing the ride height of the LX470 by 2 inches (50 mm) under
certain driving conditions may further exacerbate the glare experienced
by preceding and oncoming drivers as a result of the equivalent
increase in DRL height. The one comment by a private citizen that
favors granting Toyota's petition does not address the consequences on
motor vehicle safety, and therefore is not persuasive.
We have received hundreds of letters from citizens about excessive
glare from headlamp-derived DRLs and particularly upper beam-derived
DRLs. We have found that the actual intensities of some of these
headlamp DRLs on vehicles are as much as 1.35 times the intensities
measured when the lamps are photometrically tested in the laboratory--
because vehicle voltages up to 14 volts are found on some vehicles
(compared to the 12.8 volt lab test voltage). This may help explain why
there are so many reports by the public of glare from DRLs.
We believe that manufacturers should be held to the existing
location requirements so as not to exacerbate the problem of glare. The
DRL intensity requirements in existence since February 10, 1993 were a
significant relaxation (i.e., increase in intensity) from that
originally proposed on August 12, 1991 (56 FR 38100). Even then, DRL
glare was an important issue. Public concerns have caused NHTSA to re-
examine the intensity limits for DRLs. Given these circumstances, we
cannot find that a noncompliance that substantially increases DRL glare
is inconsequential to safety.
In consideration of the foregoing, NHTSA has decided that the
petitioner has not met its burden of persuasion that the noncompliance
it describes is inconsequential to motor vehicle safety. Accordingly,
its petition is hereby denied. Toyota must now fulfill its obligation
to notify and remedy under 49 U.S.C. 30118(d) and 30120(h).
Authority: 49 U.S.C. 30118(d) and 30120(h); delegations of
authority at CFR 1.50 and 501.8.
Issued on: March 3, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-4531 Filed 3-8-05; 8:45 am]
BILLING CODE 4910-59-P