General Motors LLC (GM), Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Cadillac SRX
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
January 13, 2016
[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Notices]
[Pages 1674-1676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00449]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0143; Notice 2]
General Motors LLC (GM), 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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SUMMARY: General Motors LLC (GM) has determined that certain model year
(MY) 2010-2014 Cadillac SRX multipurpose passenger vehicles (MPVs) do
not fully comply with paragraphs S4.4.1(a) and S4.4.2(a) of Federal
Motor Vehicle Safety Standard (FMVSS) No. 110, Tire selection and rims
and motor home/recreation vehicle trailer load carrying capacity
information for motor vehicles with a GVWR of 4,536 kilograms (10,000
pounds) or less. GM filed a report dated November 27, 2013 pursuant to
49 CFR part 573, Defect and Noncompliance Responsibility and Reports.
GM then petitioned NHTSA in accordance with 49 CFR part 556 requesting
a decision that the subject noncompliance is inconsequential to motor
vehicle safety.
ADDRESSES: For further information on this decision contact Amina
Fisher, Office of Vehicle Safety Compliance, National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-5307, 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 submitted
a petition dated December 5, 2013, 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 June 6, 2014 in the Federal Register (79 FR
32813). 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-2013-0143.''
II. Vehicles Involved: Affected are approximately 51,704 MY 2010-
2014 GM Cadillac SRX MPVs manufactured between June 18, 2009, and
October 31, 2013.
III. Noncompliance: GM explains that the affected vehicles were
offered for sale with spare tires whose rims were marked with a ``T''
to indicate the source of the rim's published nominal dimensions as the
Tire and Rim Association, rather than the correct ``E'' to indicate the
European Tyre and Rim Technical Organization (ETRTO). Additionally, the
ETRTO does not identify the 18 inch rim utilized as a suitable match
for the T135/70R18 spare tire. Since all vehicles sold in the U.S. must
be marked with a reference designation that indicates the source of the
rim's published nominal dimensions, and the indicated source must list
suitable rim sizes for each tire size listed, these vehicles fail to
fully meet the requirements set forth in paragraph S4.4.1(a) and
S4.4.2(a) of FMVSS No. 110.
IV. Rule Text: Paragraph S4.4 of FMVSS No. 110 requires in
pertinent part:
. . .
S4.4.1 Requirements. Each rim shall:
(a) Be constructed to the dimensions of a rim that is listed by
the manufacturer of the tires as suitable for use with those tires,
in accordance with S4 of Sec. 571.139.
. . .
S4.4.2 Rim markings for vehicles other than passenger cars. Each
rim or, at the option of the manufacturer in the case of a single-
piece wheel, each wheel dish shall be marked with the information
listed in S4.4.2 (a) through (e) . . .
(a) A designation that indicates the source of the rim's
published nominal dimensions, as follows:
(1) ``T'' indicates The Tire and Rim Association.
(2) ``E'' indicates The European Tyre and Rim Technical
Organization.
. . .
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. The tire and rim of the affected spare wheels are properly
matched and are appropriate for the load-carrying characteristics of
the subject vehicles.
2. The incorrect reference document marking has no effect on the
performance of the tire/rim combination.
3. The subject tire/rim assembly meets the S4.4.1(b) rapid air loss
requirement for FMVSS No. 110. The subject vehicles also meet GM's
internal ride and handling guidelines with the subject spare tire/rim
assembly installed.
4. All other rim marking information required by S4.4.2 of FMVSS
No. 110 on
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the subject rims is correct. The rims are marked with the rim size
designation as required by S4.4.2(b); the DOT symbol as required by
S4.4.2(c); manufacturer identification as required by S4.4.2(d); and
the month and year of manufacture as required by S4.4.2(e).
5. The rim is marked correctly with the size designation of 18 x
4.5B, the correct tire size information is listed on the Tire and
Loading Information placard, and the tire size (T135/70R18) is marked
on the tire sidewall. The vehicles' Certification label also contains
the correct tire and rim sizes. There is little likelihood of a tire
and rim mismatch as a result of the incorrect marking of the source of
the published rim dimensions.
6. Very few of these spare wheels will ever need to be replaced
over the lifetime of the vehicle. If a spare wheel needs to be
replaced, however, there is a section of the owner's manual provided on
``Wheel Replacement.'' It is stated here that ``Your dealer will know
the kind of wheel that is needed. Each new wheel should have the same
load-carrying capacity, diameter, width, offset, and be mounted the
same way as the one it replaces.''
7. If a spare wheel needs to be replaced, it is likely that the
customer would go to a GM dealer or a tire/wheel retailer. These
facilities would know to look at the original spare wheel, the tire,
the Tire and Loading Information placard, or the Certification label to
determine the correct spare wheel size for the replacement.
8. NHTSA has previously granted several inconsequential petitions
with similar FMVSS No. 110 rim noncompliances.
9. GM is not aware of any crashes, injuries or customer complaints
associated with this condition.
GM has additionally informed NHTSA that it has corrected the
noncompliance so that all future production of the subject vehicles
will comply with all applicable requirements of FMVSS No. 110.
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's Decision
NHTSA's Analysis: GM stated its belief that the combination of the
subject spare tire and rim is a proper match and appropriate for the
load-carrying characteristics of the subject vehicles. GM also stated
its belief that the incorrect marking of the nominal rim dimension
source designation on the rim has no effect on the performance of the
tire/rim combination. In addition, GM mentioned that the subject
vehicles meet the S4.4.1(b) rapid air loss requirement for FMVSS No.
110.
The agency agrees with GM that the subject vehicles are equipped
with an appropriately matched spare tire and rim combination that when
properly mounted on the subject vehicles would allow the vehicles to be
operated safely within the manufacturer's specified performance and
loading limits. We note that the main purpose of FMVSS No. 110 is to
require vehicles be equipped with tires and rims appropriate for the
safe operation and loading of applicable vehicles. It appears the spare
tire and rim combination provided with the subject vehicles will meet
all applicable FMVSS No. 110 performance requirements.
GM also explained its belief that all other markings required by
paragraph S4.4.2 of FMVSS No. 110 are on the subject rims and meet the
applicable requirements of the standard. Those markings include; the
rim size designation required by S4.4.2(b); the DOT symbol as required
by S4.4.2(c); the manufacturer identification as required by S4.4.2(d);
and the month and year of manufacture as required by S4.4.2(e). GM also
stated that the correct tire size information is listed on the
Certification label as well as the Tire and Loading Information placard
affixed to each vehicle, and that the tire sizes are marked on the
sidewalls of the tires.
While NHTSA requires manufacturers to include the reference
document designation symbol to be marked on the rim, its mislabeling in
this case does not prevent the proper matching of tires and rims. We
agree with GM that sufficient information about rim size is available
from other markings on the rims as well as information available from
the Certification label required by 49 CFR part 567, and the Tire and
Loading Information placard required by FMVSS No. 110. In addition, the
mislabeling does not affect the ability to identify the rims in the
event of recall. NHTSA believes that due to the convenient availability
of tire and rim size designation information there is little likelihood
of a tire and rim mismatch as a result of the subject rim marking
noncompliance.
GM stated its belief that very few spare wheels need to be replaced
during the life of the vehicle. If, however, wheel replacement is
required, there is a section of the owner's manual provided with each
vehicle titled ``Wheel Replacement.'' This section of the owner's
manual states, ``Your dealer will know the kind of wheel that is
needed. Each new wheel should have the same load-carrying capacity,
diameter, width, offset, and be mounted the same way as the one it
replaces.'' In addition, it is likely that the customer would go to a
GM dealer or a tire/wheel retailer to obtain a replacement.
NHTSA agrees with GM that if a vehicle owner or operator must
replace one of the subject rims that they would most likely go to a GM
dealer or a tire/wheel retailer. As professionals, technicians at
either type of facility would know to look at the original spare wheel,
the tire, the Tire and Loading Information placard, or the
Certification label to determine the correct spare wheel size for the
replacement.
GM cited five petitions that the agency granted regarding wheels
that omit the designation symbol that indicates the source of the rim's
published nominal dimensions. All five cited petitions were granted
because the agency determined that there was no consequence to motor
vehicle safety due to the omission of the designation symbol required
by either FMVSS No. 110 S4.4.2(a) or FMVSS No. 120 S5.2. As in the case
of the subject spare tire and rim combinations, sufficient information
about rim size was available from other markings on the rims as well as
the information from the Certification label and Tire and Loading
Information placards present on the affected vehicles.
NHTSA's Decision: In consideration of the foregoing, NHTSA has
decided that GM has met its burden of persuasion that the subject
noncompliances with paragraph S4.4 FMVSS No. 110 are 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 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
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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,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-00449 Filed 1-12-16; 8:45 am]
BILLING CODE 4910-59-P