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General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

American Government Topics:  Cadillac XTS

General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

Claude H. Harris
National Highway Traffic Safety Administration
November 1, 2013


[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Notices]
[Pages 65761-65762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26078]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0081; Notice 1]


General Motors, LLC, Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition.

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SUMMARY: General Motors, LLC (GM) has determined that certain model 
year 2013 Cadillac XTS passenger cars do not fully comply with 
paragraph S9.1.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 
108, Lamps, Reflective Devices, and Associated Equipment. GM has filed 
an appropriate report dated May 16, 2013, pursuant to 49 CFR Part 573, 
Defect and Noncompliance Responsibility and Reports.

DATES: December 2, 2013.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. 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: Send comments by mail addressed to: U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver comments by hand to: U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except Federal Holidays.
     Electronically: Submit comments electronically by: logging 
onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/. Follow the online instructions for submitting 
comments. Comments may also be faxed to (202) 493-2251.

[[Page 65762]]

    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    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.

SUPPLEMENTARY INFORMATION: 
    I. GM's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see 
implementing rule at 49 CFR Part 556), GM submitted a petition 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.
    This notice of receipt of GM's petition 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 petition.
    II. Vehicles Involved: Affected are approximately 24,139 model year 
2013 Cadillac XTS passenger cars manufactured from February 2, 2012 to 
May 2, 2013.
    III. Noncompliance: GM has determined that the turn signal in the 
subject vehicles does not fully comply with paragraph S9.1.1 of FMVSS 
No. 108, which requires an active turn signal to cancel when the 
steering wheel is rotated. On some of the vehicles, the turn signal may 
occasionally not self-cancel by steering wheel rotation. The turn 
signal can be cancelled manually.
    IV. Rule Text: Paragraph S9.1.1 of FMVSS No. 108 specifically 
states:

    S9.1 Turn signal operating unit.
    S9.1.1 The turn signal operating unit installed on passenger 
cars, multipurpose passenger vehicles, trucks, and buses less than 
2032 mm in overall width must be self-canceling by steering wheel 
rotation and capable of cancellation by a manually operated control.

    V. Summary of GM's Analyses: GM stated its belief that the subject 
noncompliance is inconsequential to motor vehicle safety for the 
following reasons:
    This condition is inconsequential to motor vehicle safety for the 
following reasons:
    1. Manual operation of the turn signal is unaffected. The driver 
can manually cancel the turn signal in the rare event the self-
cancelling feature does not work.
    2. If the turn signal does not self-cancel, the driver is alerted 
to the fact that the turn signal remains on through multiple means:
    a. The turn signal telltale continues to flash;
    b. The audible turn signal indicator persists as long as the turn 
signal is active;
    c. The redundant turn signals (mounted on the outer edge of both 
outboard mirrors) that are visible to the driver continue to flash as 
long as the turn signal is active;
    d. After traveling 3/4 of mile with the turn signal active, a 
Driver Information Center message, ``TURN SIGNAL ON,'' is displayed 
indicating a turn signal has been left on; and
    e. The DIC message is accompanied by a single chime to alert the 
driver to the DIC message indicating the turn signal is still active.
    3. GM records as of the week of 13 May 2013 indicate the condition 
declares itself early and is nearly always repaired within the first 
few months of service.
    a. GM does not have a specific labor code for the subject 
condition. Through a search of all possibly related labor codes, GM 
found nineteen repairs that might possibly be associated with subject 
condition. Even conservatively including all nineteen repairs as 
related to the subject condition, the resulting warranty rate is 
projected very low at 1.8 IPTV in 36 Month in Service.
    b. Of the nineteen repairs, five were repaired prior to customer 
delivery and nine were repaired in the first 2 months in service.
    4. NHTSA has previously granted petitions for inconsequential that 
are similar to the subject noncompliance.
    GM has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production vehicles will comply with 
FMVSS No. 108.
    In summation, GM believes that the described noncompliance of the 
subject vehicles is inconsequential to motor vehicle safety, and that 
its petition, to exempt from providing recall notification of 
noncompliance as required by 49 U.S.C. 30118 and remedying the recall 
noncompliance as required by 49 U.S.C. 30120 should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, these provisions 
only apply to the subject 24,139 vehicles that GM no longer controlled 
at the time it determined that the noncompliance existed. However, any 
decision on this petition does not relieve vehicle distributors and 
dealers of the prohibitions on the sale, offer for sale, or 
introduction for delivery or introduction into interstate commerce of 
the noncompliant vehicles under their control after GM notified them 
that the subject noncompliance existed.

    Authority:  (49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8)

    Issued on: October 29, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-26078 Filed 10-31-13; 8:45 am]
BILLING CODE 4910-59-P



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