General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Chevrolet Silverado, Chevrolet Suburban, Chevrolet Tahoe, GMC Yukon
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Claude H. Harris
National Highway Traffic Safety Administration
June 27, 2013
[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38801-38803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15467]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0006; 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) \1\ has determined that certain model
year (MY) 2007 through 2013 GM trucks and multipurpose passenger
vehicles (MPVs) manufactured from June 19, 2006, through December 6,
2012 do not fully comply with paragraph S4.3 of Federal Motor Vehicle
Safety Standard (FMVSS) No. 110, Tire Selection and Rims for Motor
Vehicles with a GVWR of 4,536 Kilograms or less. GM has filed an
appropriate report dated December 19, 2012, pursuant to 49 CFR Part
573, Defect and Noncompliance Responsibility and Reports.
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.
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\1\ General Motors, LLC is a manufacturer of motor vehicles and
is registered under the laws of the state of Michigan.
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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.
Vehicles Involved: Affected are approximately 5,690: MY 2007
through 2013 Chevrolet Silverado trucks, Suburban MPVs and Tahoe MPVs;
MY 2007 through 2013 GMC Sierra trucks; MY 2012 GMC Yukon MPVs; and MY
2007, 2009, 2011, 2012 and 2013 Yukon XL MPV's. The affected vehicles
were
[[Page 38802]]
manufactured from June 19, 2006 through December 6, 2012.
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 5,690 \2\ vehicles that GM no longer controlled at
the time it determined that the noncompliance existed.
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\2\ GM's petition, which was filed under 49 CFR Part 556,
requests an agency decision to exempt GM as a motor vehicle
manufacturer from the notification and recall responsibilities of 49
CFR Part 573 for the affected vehicles. However, a decision on this
petition cannot relieve vehicle distributors and dealers of the
prohibitions on the sale, offer for sale, introduction or delivery
for introduction into interstate commerce of the noncompliant motor
vehicles under their control after GM notified them that the subject
noncompliance existed.
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RULE TEXT: Paragraph S4.3 of FMVSS No. 110 requires in pertinent
part:
S4.3 Placard. Each vehicle, except for a trailer or incomplete
vehicle, shall show the information specified in S4.3 (a) through
(g), and may show, at the manufacturer's option, the information
specified in S4.3 (h) and (i), on a placard permanently affixed to
the driver's side B-pillar. In each vehicle without a driver's side
B-pillar and with two doors on the driver's side of the vehicle
opening in opposite directions, the placard shall be affixed on the
forward edge of the rear side door. If the above locations do not
permit the affixing of a placard that is legible, visible and
prominent, the placard shall be permanently affixed to the rear edge
of the driver's side door. If this location does not permit the
affixing of a placard that is legible, visible and prominent, the
placard shall be affixed to the inward facing surface of the vehicle
next to the driver's seating position. This information shall be in
the English language and conform in color and format, not including
the border surrounding the entire placard, as shown in the example
set forth in Figure 1 in this standard. At the manufacturer's
option, the information specified in S4.3 (c), (d), and, as
appropriate, (h) and (i) may be shown, alternatively to being shown
on the placard, on a tire inflation pressure label which must
conform in color and format, not including the border surrounding
the entire label, as shown in the example set forth in Figure 2 in
this standard. The label shall be permanently affixed and proximate
to the placard required by this paragraph. The information specified
in S4.3 (e) shall be shown on both the vehicle placard and on the
tire inflation pressure label (if such a label is affixed to provide
the information specified in S4.3 (c), (d), and, as appropriate, (h)
and (i)) may be shown in the format and color scheme set forth in
Figures 1 and 2. If the vehicle is a motor home and is equipped with
a propane supply, the weight of full propane tanks must be included
in the vehicle's unloaded vehicle weight. If the vehicle is a motor
home and is equipped with an on-board potable water supply, the
weight of such on-board water must be treated as cargo . . .
(b) Designated seated capacity (expressed in terms of total
number of occupants and number of occupants for each front and rear
seat location) * * *
Summary of Gm's Analyses: GM explains that the noncompliance is
that the subject vehicles are equipped with special equipment options
9S1 & 9U3 and are built with 2 front seating positions separated by
floor space. However, the tire and loading placards incorrectly
indicate that the vehicles have 3 front seating positions and therefore
do not fully comply with paragraph S4.3 of FMVSS No. 110.
GM further stated that the error resulted in the following
condition on the subject placards of these vehicles:
The seating capacity for the front row seat is incorrectly
shown as 3 instead of 2.
The total seating capacity is overstated by 1. For
example, the total seating capacity is incorrectly shown as 3 instead
of 2 for the vehicles with one row of seats, and as 6 instead of 5 for
the vehicles with two rows of seats.
The vehicle capacity weight (expressed as a combined
weight of occupants and cargo) on the placard is correct. The seating
capacity error has no impact on the vehicle capacity weight.
All other information (front, rear and spare tire size
designations and their respective cold tire inflation pressures as well
as vehicle capacity weight) on the subject placards is correct.
GM stated its belief that this noncompliance is inconsequential to
motor vehicle safety for the following reasons:
1. The subject vehicles are equipped with two bucket seats with one
seat belt each in the front row. GM believes that the number of seats
and the number of seat belts installed in the vehicle will clearly
indicate to the customers the actual seating capacity, and it will be
apparent to any observer that there are only two front seating
positions. Even if an occupant references the tire information placard
to determine the vehicle's seating capacity, it will be readily
apparent that the front row seating capacity is 2 and not 3.
2. The vehicle capacity weight (expressed as a combined weight of
occupants and cargo) on the placard is correct. The seating capacity
error has no impact on the vehicle capacity weight, and therefore,
there is no risk of vehicle overloading.
3. All information required for maintaining and/or replacing the
front and rear tires is correct on the tire information placard of the
subject vehicles.
4. All other applicable requirements of FMVSS No. 110 have been
met.
5. GM is not aware of any customer complaints, incidents or
injuries related to the incorrect seating capacity on the subject tire
information placards.
GM additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles will fully comply
with FMVSS No. 110.
In summation, GM believes that the described noncompliance of its
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.
Comments: 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:
a. 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.
b. By hand delivery 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.
c. 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 1-202-493-2251.
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://
[[Page 38803]]
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.
Comment Closing Date: July 29, 2013.
Authority: (49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8)
Issued On: June 24, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-15467 Filed 6-26-13; 8:45 am]
BILLING CODE 4910-59-P