General Motors, LLC; Ruling on Petition for Decision of Inconsequential Noncompliance |
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Topics: Chevrolet Malibu
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Nancy Lummen Lewis
National Highway Traffic Safety Administration
March 2, 2015
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11261-11262]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04150]
[[Page 11261]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0144; Notice 2]
General Motors, LLC; Ruling on Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Ruling on petition.
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SUMMARY: General Motors, LLC (GM) has determined that certain model
year 2013 Chevrolet Malibu passenger cars manufactured between June 21,
2011 and July 24, 2012, do not fully comply with paragraphs S3.1.4.1
(a) and (b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 102,
Transmission Shift Position Sequence, Starter Interlock, and
Transmission Braking Effect. GM has filed an appropriate report dated
August 3, 2012, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports.
ADDRESSES: For further information on this decision contact Mr. Vince
Williams, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-2319,
facsimile (202) 366-5930.
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.
Notice of receipt of GM's petition was published, with a 30-day
public comment period, on September 30, 2013, in the Federal Register
(78 FR 60019.) 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-2012-0144.''
II. Vehicles Involved: Affected are approximately 23,910 model year
2013 Chevrolet Malibu passenger cars manufactured between June 21, 2011
and July 24, 2012.
III. Noncompliance: GM explains that the noncompliance is that in
the subject vehicles, because the primary shift lever position
backlight in the console shift indicator can fail to illuminate, the
transmission shift position selected in relation to the other gears is
not always provided under the required conditions specified in S3.1.4.1
(a) and (b).
IV. Rule Text: Paragraph S3.1.4.1 (a) and (b) of FMVSS No. 102
specifically states:
S3.1.4 Identification of shift positions and of shift position
sequence.
S3.1.4.1 Except as specified in S3.1.4.3, if the transmission
shift position sequence includes a park position, identification of
shift positions, including the positions in relation to each other
and the position selected, shall be displayed in view of the driver
whenever any of the following conditions exist:
(a) The ignition is in a position where the transmission can be
shifted; or
(b) The transmission is not in park.
V. Summary of GM's Analyses: GM stated its belief that the subject
noncompliance is inconsequential to motor vehicle safety for the
following reasons:
1. There is minimal risk that the operator will shift the vehicle
out of park without being aware that the transmission shift position
sequence display is not illuminated since the condition can only be
initiated at key-up (engine crank). The condition cannot be initiated
while driving.
2. The condition corrects on the next ignition cycle. Throughout
our investigation it never repeated on consecutive ignition cycles.
3. The gear selected is always provided in a redundant display
located in the instrument panel (IP) cluster.
a. The up-level IP cluster is utilized in 85% of the vehicle
production and displays the gear selected in relation to the other
gears for 3 seconds whenever the vehicle is shifted. After 3 seconds
the IP cluster displays only the gear selected.
b. 15% of production has the base IP cluster which displays only
the gear selected.
4. The system is designed to minimize the risk that the operator
will shift to an unintended gear.
a. When shifting, a secondary motion (button push on shifter) is
required to help prevent mis-shift. A button on the shift lever must be
depressed when shifting from:
i. PARK to any other gear:
ii. REVERSE to any other gear: or
iii. DRIVE to PARK or REVERSE
b. NEUTRAL gear selection from DRIVE does not require a secondary
motion (button push on shifter), making location of NEUTRAL easier in a
panic situation.
c. The gear selected is provided as a secondary display in the IP
cluster and the shifter in the subject vehicle utilizes a linear shift
pattern (used on U.S. vehicles for more than 50 years). Since the
relationship between PARK, REVERSE, NEUTRAL and DRIVE is well
understood by the driving public, this should assist the operator in
determining the shift lever's position in relationship to the other
gear positions even when not illuminated.
d. Brake Transmission Shift Interlock (BTSI) helps to assure the
driver is not caught unaware when shifting from PARK since the operator
must first apply the brake.
e. On the subject vehicles miss-shifting is prevented while the
vehicles are in motion. At speeds above 10 MPH, shifting from DRIVE to
REVERSE or PARK; or shifting from REVERSE to PARK or DRIVE, is
electronically inhibited.
5. The frequency of the condition occurring is rare and random.
a. As of 25 July 2012, there were only ten reported incidents which
occurred on seven of 285 captured test fleet (CTF) vehicles. The
condition was reported twice on two of the CTF vehicles and did not
occur on consecutive ignition cycles.
b. During the investigation, it took more than a week of testing
during which approximately 1000 ignition cycles were conducted on each
of four CTF vehicles reported to have the condition in order to
recreate the occurrence.
c. Warranty claims as of 25 July 2012
i. U.S. Warranty 3 of 8,573 vehicles
ii. China Warranty 2 of 11,872 vehicles
iii. Korea Warranty 3 of 4,968 vehicles
d. None of the Warranty claims or CTF reports indicated that the
operator had experienced a mis-shift condition.
e. No claims were discovered related to injury or crash.
f. As of August 1, 2012, GM found no Vehicle Owner's Questionnaires
(VOQs) resulting from the subject condition during its search of the
NHTSA database.
6. GM stated its belief that NHTSA granted a similar petition in
the past.
On August 16, 2013 GM additionally informed NHTSA in an email
message that it corrected the noncompliance on August 3, 2012 so that
all future production would comply with FMVSS No. 102.
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
[[Page 11262]]
required by 49 U.S.C. 30120 should be granted.
VI. NHTSA's Decision: NHTSA has reviewed GM's analyses that the
subject noncompliance is inconsequential to motor vehicle safety. GM
has identified an intermittent condition during which the automatic
transmission positions on the console-mounted transmission control will
not be illuminated at key startup. FMVSS No. 102, paragraph S3.1.4.1
requires the indicator to display identification of an automatic
transmission's positions, including the position selected and the
positions in relation to each other in view of the driver. FMVSS No.
101, paragraph S5.3.1(b) and Table 1 require the automatic transmission
control position indicator to be illuminated whenever the headlamps are
activated. GM stated that the failure of illumination is very rare, has
occurred only at startup (not during driving), and has never been found
to repeat on consecutive ignition cycles. However, when it does occur,
the transmission position indicator on the console will not be
illuminated throughout that operating period. The indicator identifies
P,R,N,D or M (M1-M6) and, except when the noncompliance occurs at key
startup, is illuminated as required.
FMVSS No. 102 paragraph S3.1.4 permits a redundant display
providing some or all of the required information. GM identified two
instrument clusters used in the affected vehicles that provide
different amounts of redundant information. The transmission position
selected is always displayed on both clusters. In addition, for
vehicles other than the base model (approximately 15 percent of the
affected vehicles), the cluster display includes the position selected
and the positions in relation to each other for three seconds whenever
the transmission is shifted.
The redundant display on the cluster identifies the transmission
position selected for all affected vehicles. It is likely that drivers
will become accustomed to looking at the instrument cluster rather than
looking down at the console to confirm the desired transmission
position, i.e., ``D,'' has been selected. So the lack of illumination
on the console at startup may go unnoticed. In a panic situation, an
inexperienced driver may not be familiar with the other positions,
i.e., how to shift from ``D'' to ``N'' to recover control of the
vehicle if an unintended acceleration occurs. Since the cluster of 85
percent of the vehicles displays this information for 3 seconds after
every shift, this frequent reminder is considered sufficient to alert
the driver about the relationship to the other transmission positions.
The 15 percent (base models) are not so equipped and present an
unreasonable risk to safety.
In consideration of the foregoing, NHTSA has decided that for all
except the base model vehicles, GM has met its burden of persuasion
that the subject FMVSS No. 102 noncompliance is inconsequential to
motor vehicle safety. Accordingly, GM's petition is hereby partially
granted and GM is exempted from the obligation of providing
notification of, and a remedy for the subject noncompliance for the
non-base model Malibu vehicles (approximately 85 percent of the
affected vehicles) under 49 U.S.C. 30118 and 30120.
For the base model Malibu vehicles (approximately 15 percent of the
affected vehicles), NHTSA has decided that GM has not met its burden of
persuasion that the FMVSS No. 102 noncompliance is inconsequential to
motor vehicle safety. Accordingly, for those vehicle's GM's petition is
hereby denied and GM is obligated to provide notification of, and a
remedy for, the subject 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 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 23,910 model year 2013 Chevrolet Malibu passenger
cars 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)
Nancy Lummen Lewis,
Associate Administrator for Enforcement.
[FR Doc. 2015-04150 Filed 2-27-15; 8:45 am]
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