General Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Chevrolet Volt
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
August 19, 2014
[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Notices]
[Pages 49155-49157]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19603]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0133; Notice 2]
General Motors, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
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[[Page 49156]]
SUMMARY: General Motors, LLC (GM) has determined that certain model
year (MY) 2011, 2012 and 2013 Chevrolet Volt passenger cars sold with
windshield sunshades as a ``Limited Personalization Option,'' do not
fully comply with paragraph S4.3 of Federal Motor Vehicle Safety
Standard (FMVSS) No. FMVSS 302, Flammability of Interior Materials. GM
has filed an appropriate report dated August 27, 2013, pursuant to 49
CFR part 573, Defect and Noncompliance Responsibility and Reports.
ADDRESSES: For further information on this decision contact Mr. Mike
Cole, Office of Vehicle Safety Compliance, the National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-2334, facsimile
(202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. GM's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and
the rule implementing those provisions at 49 CFR part 556, GM 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 the petition was published, with a 30-day
public comment period, on January 21, 2014 in the Federal Register (79
FR 3471). No comments were received. To view the petition, and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2013-0133.''
II. Vehicles Involved: Affected are approximately 3,426 MY 2011,
2012 and 2013 Chevrolet Volt passenger cars that were manufactured from
12/14/2010 to 06/26/2013 and sold to retail customers with windshield
sunshades as a ``Limited Personalization Option.''
III. Noncompliance: GM explains that the noncompliance is that the
subject vehicles were delivered as new vehicles to retail customers
with windshield sunshades that do not meet the maximum burn rate
requirement of paragraph S4.3 of FMVSS No. 302.
IV. Rule Text: Refer to the entire text of Paragraph S4 of FMVSS
No. 302 for contextual restrictions as well as the specific
requirements of subparagraph S4.3.
V. Summary of GM's Analyses: GM stated its belief that the subject
noncompliance is inconsequential to motor vehicle safety for the
following reasons:
a. When tested as a finished part (i.e., with the inner and outer
layers tested as though they form a composite), the sunshade's burn
rate of 35mm/minute is significantly less than the FMVSS No. 302
maximum burn rate of 102 mm/minute. The outer layer is composed of
self-extinguishing material that meets all of the requirements of FMVSS
No. 302. While the layers of the assembly are not bonded at every point
of contact, they are held together and encased with FMVSS No. 302
compliant self-extinguishing trim and stitching around the entire
perimeter of the sunshade. Additional double rows of stitching create
vertical accordion fold lines in the sunshade. The stitching segments
the inner layer into smaller pieces that are separated by double layers
of the FMVSS No. 302 compliant self-extinguishing outer layer material.
b. Only the inner layer, by itself, does not meet the FMVSS No. 302
burn rate, and at 110 mm/minute, it is only marginally above the 102
mm/minute requirement.
c. The sunshade has a storage bag which is made of FMVSS No. 302
compliant material. When the sunshade is stored in the provided bag
while the vehicle is in use, the external surface that is presented to
the occupant compartment is well within the FMVSS requirement, and two
layers of FMVSS No. 302 compliant material would have to be penetrated
to reach the marginally noncompliant inner layer.
d. Even if the sunshade was not placed in its storage bag when not
in use, the external surface that is presented to the occupant
compartment is still FMVSS compliant, and this layer would still need
to be penetrated to reach the marginally noncompliant inner layer. In
addition, folding it alone reduces the sunshade's surface area to
approximately one eighth of the unfolded surface area, further reducing
the exposure to any potential ignition source.
e. GM stated its belief that the purpose of FMVSS No. 302 is ``to
reduce the deaths and injuries to motor vehicle occupants caused by
vehicle fires, especially those originating in the interior of the
vehicle from sources such as matches or cigarettes.'' FMVSS No. 302,
paragraph S2. The sunshade is designed to be used only when the vehicle
is parked, and it is extremely unlikely that the inner layer would ever
come in contact with an ignition source. As such, it is extremely
unlikely that a vehicle occupant would ever be exposed to a risk of
injury as a result of the noncompliance.
f. Because the sunshade is intended to help reduce sun load during
hot weather conditions, it may be removed from the vehicle entirely
during colder months, further reducing the exposure of the sunshade to
the interior of the vehicle.
g. GM stated its belief that NHTSA has previously granted several
inconsequential noncompliance petitions that GM believes can be applied
to a decision on its petition. See GM's petition for a complete
discussion of its reasoning.
h. There are no known field events involving ignition of sunshades.
GM is not aware of any crashes, injuries or customer complaints
involving this windshield sunshade.
GM has additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles delivered with
windshield sunshades will comply with FMVSS No. 302.
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 Decision:
NHTSA Analysis: NHTSA agrees with GM that the noncompliant
corrugated plastic material incorporated into the subject sunshades is
unlikely to pose a flammability risk due to: the unlikelihood of
exposure to an ignition source; the fact that the noncompliant material
is fully encased by materials which comply with the flammability
requirements of FMVSS No. 302; the fact that the sunshade is provided
with a bag made of materials that comply with the flammability
requirements of FMVSS No. 302 for storage of the sunshade when the
vehicle is in use; and the fact that when tested separately the inner
layer is only marginally above the 102 mm/minute requirement.
NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that GM has met its burden of persuasion that the FMVSS No. 302
noncompliance is inconsequential to motor vehicle safety. Accordingly,
GM's petition is hereby granted and GM is exempted from the obligation
of providing notification of, and a remedy for, that noncompliance
under 49 U.S.C. 30118 and 30120.
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
[[Page 49157]]
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, this decision only
applies to the subject noncompliant vehicles that GM no longer
controlled at the time it determined that the noncompliance existed.
However, the granting of this petition does not relieve vehicle
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for 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)
Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-19603 Filed 8-18-14; 8:45 am]
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