General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Chevrolet Malibu, Buick Regal
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Claude H. Harris
National Highway Traffic Safety Administration
September 17, 2013
[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Notices]
[Pages 57216-57218]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22561]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0165; Notice 1]
General Motors, LLC, Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: General Motors, LLC (GM) \1\ has determined that certain model
year (MY) 2011 through 2013 Buick Regal and MY 2013 Chevrolet Malibu
passenger cars may not fully comply with the telltale bulb outage
requirement found in paragraph S5.5.6 of Federal Motor Vehicle Safety
Standard (FMVSS) No 108, Lamps, Reflective Devices, and Associated
Equipment. GM has filed an appropriate report dated October 3, 2012,
pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility
and Reports.
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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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DATES: October 17, 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 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 Deliver: 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.
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
[[Page 57217]]
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.
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 109,563 \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 109,563 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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II. Vehicles Involved: Affected are approximately 109,563 MY 2011
through 2013 Buick Regal and MY 2013 Chevrolet Malibu passenger cars
manufactured from January 20, 2010 through September 18, 2012.
III. Noncompliance: GM explains that the subject vehicles are
equipped with front turn signals, each of which incorporates two light
sources. When both light sources of either front turn signal fail, bulb
outage indication is provided as required by paragraph S5.5.6 of FMVSS
No. 108. However, bulb outage indication is not provided if only one of
the light sources fails in either front turn signal assembly. If a
single bulb fails to illuminate, the turn signal is still illuminated
by the other bulb.
IV. Rule Text: Paragraph S5.5.6 of FMVSS No. 108 specifically
states:
S5.5.6 Each vehicle equipped with a turn signal operating unit
shall also have an illuminated pilot indicator. Failure of one or
more turn signal lamps to operate shall be indicated in accordance
with SAE Standard J588e, Turn Signal Lamps, September 1970 . . .
V. Summary of GM'S Analyses: GM stated its belief that the lack of
bulb outage indication is inconsequential to motor vehicle safety for
the following reasons:
1. As delivered to the customer the turn signal lamps function
properly and meet all requirements of FMVSS No. 108. This is not a
situation where the photometric output of the turn signals fails to
meet the requirements as delivered to the customer. In fact, the light
output of the normally operating turn signals greatly exceeds the
photometric requirements as produced.
2. Most drivers will never be affected by the reduction of
photometric output, without outage indication as a result of a single
front bulb failure, because the failure rate of the turn signal bulb is
extremely low. The bulb life of these turn signals is three to four
times the life of the bulbs used in turn signals when the bulb outage
indication requirement was incorporated into the standard. The bulbs
used in the subject front turn signals have a tested life of 1,100
hours at 12.8 volts. Using this information in a Monte Carlo simulation
analysis provides the following results:
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Years........................................... 2.5 5.0 7.5 10.0
Miles........................................... 31,250 62,500 93,750 125,000
No. of Burnouts................................. 0 0 1 4
SIM Vehicles.................................... 10,000 10,000 10,000 10,000
Failure IPTV.................................... 0.000 0.000 0.400 4.000
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Consequently, it is extremely unlikely a driver will experience a
single turn signal bulb failure over the life of the vehicle, and thus
the lack of outage indication, with a single bulb failure, is
inconsequential to motor vehicle safety.
3. With a single bulb, the turn signal still functions and provides
perceptible indication that the vehicle may be turning. In the
extremely remote case that both light sources were to fail, in either
front turn signal, bulb outage is indicated as required by the
standard.
4. In the Malibu vehicle, if an outboard front turn bulb is not
working, the inboard bulb continues to meet the photometric
requirements. In this case, the centroid of the light shifts and is
greater than 100 mm from the lit edge of the low beam head lamp. The
light output of the inboard bulb easily meets the minimum photometric
requirements specified in FMVSS No. 108.
5. If the inboard bulb burns out on the Malibu, or either bulb on
the Regal, the remaining lamp continues to provide light which meets
the photometric requirements in some zones, and comes close to the
requirements in most of the remaining zones. This light exceeds the
standard turn signal photometric requirements, but due to the location
of the turn signal (i.e., the turn signal centroid within 100 mm of the
lit edge of the low beam lamp) the 2.5 multiplier must be applied to
photometric requirements.
a. For the Malibu turn signal lamps, the photometric requirements
with the 2.5 multiplier, are met in three of the five zones; and are
within 25% of the requirements in a 4th zone.
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b. For the Regal turn signal lamps, the photometric requirements
with the 2.5 multiplier, are met in two of the five zones; and are
within 25% of the requirements in two other zones. The Malibu and Regal
turn signal lamps provide the required light under normal driving
conditions. In the unlikely circumstance that a single bulb stops
functioning, the remaining bulb continues to provide the minimum turn
signal light specified in the standard and is generally within 25% of
the minimum required light after the 2.5 multiplier is applied. In the
case of these vehicles, GM's analysis indicates the light provided by
the single bulb is perceptible to the motoring public.
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 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.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-22561 Filed 9-16-13; 8:45 am]
BILLING CODE 4910-59-P