General Motors LLC, Receipt of Fourth Petition for Inconsequentiality and Notice of Consolidation |
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Topics: General Motors, Takata
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Jonathan Morrison
National Highway Traffic Safety Administration
18 June 2019
[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Pages 28384-28386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12869]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0124; Notice 4]
General Motors LLC, Receipt of Fourth Petition for
Inconsequentiality and Notice of Consolidation
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of receipt of petition.
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SUMMARY: On January 2, 2019, TK Holdings Inc. (Takata) filed a defect
information report (DIR), in which it determined that a defect existed
in certain passenger-side air bag inflators that it manufactured,
including passenger inflators that it supplied to General Motors, LLC
(GM) for use in certain GMT900 vehicles. GM has petitioned the Agency
for a decision that, because of differences in inflator design and
vehicle integration, the equipment defect determined to exist by Takata
is inconsequential as it relates to motor vehicle safety in the GMT900
vehicles, and that GM should therefore be relieved of its notification
and remedy obligations. This notice serves to make the public aware of
GM's pending request to the agency and the period for public comment.
It does not address GM's substantive claims, nor legal arguments or
interpretations asserted by GM.
DATES: The closing date for comments is July 18, 2019.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments regarding this petition for inconsequentiality.
Comments must refer to the docket and notice number cited in the title
of this notice and be submitted by one of the following methods:
Internet: Go to http://www.regulations.gov and follow the
online instructions for submitting comments.
Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590.
Hand Delivery or Courier: U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590 between 9 a.m. and 5 p.m. Eastern Time, Monday
through Friday, except Federal holidays.
Facsimile: (202) 493-2251.
You may call the Docket at (202) 366-9324.
Note that all comments received will be posted without change to
http://www.regulations.gov, including any personal information
provided. Thus, submitting such information makes it public. You may
wish to read the Privacy Act notice, which can be viewed by clicking on
the ``Privacy and Security Notice'' link in the footer of http://www.regulations.gov. 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 above will
be filed in the docket and will be considered. 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 also be published in the Federal
Register pursuant to the authority indicated at the end of this notice.
FOR FURTHER INFORMATION CONTACT: For legal issues: Stephen Hench,
Office of the Chief Counsel, NCC-100, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
(telephone: (202) 366-5263).
For general information regarding NHTSA's investigation into Takata
air bag inflator ruptures and the related recalls: http://www.safercar.gov/rs/takata/index.html.
SUPPLEMENTARY INFORMATION:
I. Background
On May 4, 2016, NHTSA issued, and Takata agreed to, an Amendment to
the November 3, 2015 Consent Order (the ``Amendment''), under which
Takata is bound to declare a defect in all frontal driver and passenger
air bag inflators that contain a phase-stabilized ammonium nitrate
(PSAN)-based propellant and do not contain a moisture-absorbing
desiccant. Such defect declarations are being made on a rolling basis,
with the first declaration due May 16, 2016, the second declaration due
December 31, 2016, the third declaration due December 31, 2017, and the
fourth declaration due December 31, 2018. See Amendment at ] 14.
GM's May 2016, January 2017, and January 2018 DIRs
Takata timely submitted the first scheduled equipment DIRs on May
16, 2016. See Recall Nos. 16E-042, 16E-043, and 16E-044. Those DIRs
included non-desiccated passenger inflators, designated as types SPI YP
and PSPI-L YD, that were installed as original equipment on certain
motor vehicles manufactured by GM (the ``covered passenger
inflators''), as well as other non-desiccated passenger inflators
installed as original equipment on motor vehicles manufactured by a
number of other automakers, which are not at issue here.
The Takata filing triggered GM's obligation to file a DIR for the
affected GM vehicles. See 49 CFR part 573; Amendment at ] 16; November
3, 2015 Coordinated Remedy Order at ] 46. GM ultimately submitted two
DIRs on May 27, 2016. See Recall Nos. 16V-381 (for vehicles in Zone A)
and 16V-383 (for vehicles in Zone B). On November 15, 2016, GM
petitioned the Agency, under 49 U.S.C. 30118(d), 30120(h) and 49 CFR
part 556, for a decision that the equipment defect determined to exist
by Takata is inconsequential as it relates to motor vehicle safety in
the GMT900 vehicles. See GM's Petition for Inconsequentiality and
Request for Deferral of Determination Regarding Certain GMT900 Vehicles
Equipped with Takata ``SPI YP'' and ``PSPI-L YD'' Passenger Inflators
(the ``First Petition for Inconsequentiality'' or ``First Petition'').
In a Notice published in the Federal Register on November 28, 2016, the
Agency published notice of the First Petition and granted two
administrative requests, accepting the petition out of time and
granting GM additional time to provide data in support of the petition.
See 81 FR 85681.
On January 3, 2017, Takata timely submitted the second scheduled
equipment DIRs for additional covered passenger inflators. See Recall
Nos. 17E-001, 17E-002, and 17E-003. Again, the Takata filing triggered
GM's obligation to file a DIR for the affected GM vehicles. See 49 CFR
part 573; Amendment at ] 16; Third Amendment to Coordinated Remedy
Order at ] 32. GM ultimately submitted its DIRs on January 10, 2017,
and notified NTHSA of its intention to file an inconsequentiality
petition.\1\
[[Page 28385]]
Contemporaneous with its DIRs, GM submitted to the Agency a Petition
for Inconsequentiality and Request for Deferral of Determination
Regarding Certain GMT900 Vehicles Equipped with Takata ``SPI YP'' and
``PSPI-L YD'' Passenger Inflators Subject to January 2017 Takata
Equipment DIR Filings (the ``Second Petition for Inconse quen tiality''
or ``Second Petition'').
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\1\ When a manufacturer files a petition for inconsequentiality,
the affected DIR will not be made public unless and until the Agency
denies the petition.
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On September 11, 2017, the Agency published a notice of receipt of
the Second Petition and, as GM's Second Petition was virtually
identical to its First Petition (both involved the same covered
passenger inflators and same vehicle platform, relied upon the same
purported evidence, and would rely upon the same forthcoming report),
consolidated the Second Petition with the First Petition under Docket
No. NHTSA-2016-0124. See 82 FR 42718.
On January 2, 2018, Takata timely \2\ submitted the third scheduled
equipment DIRs for additional covered passenger inflators. See Recall
Nos. 18E-001, 18E-002, and 18E-003. Again, the Takata filing triggered
GM's obligation to file a DIR for the affected GM vehicles. See 49 CFR
part 573; Amendment at ] 16; Third Amendment to Coordinated Remedy
Order at ] 32. GM ultimately submitted its DIRs on January 9, 2018, and
notified NTHSA of its intention to file an inconsequentiality
petition.\3\ Contemporaneous with its DIRs, GM submitted to the Agency
a Petition for Inconsequentiality Regarding Certain GMT900 Vehicles
Equipped with Takata ``SPI YP'' and ``PSPI-L YD'' Passenger Inflators
Subject to January 2018 Takata Equipment DIR Filings (the ``Third
Petition for Inconsequentiality'' or ``Third Petition''). GM's Third
Petition requested that NHTSA grant GM's First, Second and Third
Petitions or, in the alternative, that NHTSA defer its decision on the
First, Second, and Third Petitions until March 31, 2018, which would
allow GM time to complete further study and analysis.
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\2\ December 31, 2017 was a Sunday, and Monday, January 1, 2018
was a federal holiday.
\3\ When a manufacturer files a petition for inconsequentiality,
the affected DIR will not be made public unless and until the Agency
denies the petition.
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On April 9, 2018, the Agency published a notice of receipt of the
Third Petition, consolidated the Third Petition with the First and
Second Petitions under Docket No. NHTSA-2016-0124, and--emphasizing
that NHTSA's previous grant of additional time for GM to present
information was extraordinary--denied GM's request that NHTSA defer
decision on the Third Petition until March 31, 2018. See 83 FR 15233.
GM's January 11, 2019 DIRs
Takata submitted the fourth scheduled equipment DIRs on January 2,
2019. Once more, the Takata filing triggered GM's obligation to file a
DIR for the affected GM vehicles. See 49 CFR part 573; Amendment at ]
16; Third Amendment to Coordinated Remedy Order at ] 32. GM submitted
its DIRs on January 11, 2019. Therein, in accordance with 49 CFR
573.6(c)(8)(iii), GM notified NHTSA of its intention to file a petition
for inconsequentiality and contemporaneously submitted to the Agency a
Petition for Inconsequentiality Regarding Certain GMT900 Vehicles
Equipped with Takata ``SPI YP'' and ``PSPI-L YD'' Passenger Inflators
Subject to January 2019 Takata Equipment DIR Filings (the ``Fourth
Petition for Inconsequentiality'' or ``Fourth Petition'').\4\
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\4\ When a manufacturer files a petition for inconsequentiality,
the affected DIR will not be made public unless and until the Agency
denies the petition.
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II. Class of Motor Vehicles Involved
GM's Fourth Petition involves certain ``GMT900'' vehicles that
contain the covered passenger inflators (designated as inflator types
``SPI YP'' and ``PSPI-L YD''). GMT900 is a GM-specific vehicle platform
that forms the structural foundation for a variety of GM trucks and
sport utility vehicles, including: Chevrolet Silverado 1500, GMC Sierra
1500, Chevrolet Silverado 2500/3500, GMC Sierra 2500/3500, Chevrolet
Tahoe, Chevrolet Suburban, Chevrolet Avalanche, GMC Yukon, GMC Yukon
XL, Cadillac Escalade, Cadillac Escalade ESV, and Cadillac Escalade
EXT. The Fourth Petition involves the following GMT900 vehicles:
In Zone A, affected model year 2014 GMT900 vehicles. Zone
A comprises the following states and U.S. territories: Alabama,
California, Florida, Georgia, Hawaii, Louisiana, Mississippi, South
Carolina, Texas, Puerto Rico, American Samoa, Guam, the Northern
Mariana Islands (Saipan), and the U.S. Virgin Islands. See Amendment at
] 7.a.
In Zone B, affected model year 2011-2014 GMT900 vehicles.
Zone B comprises the following states: Arizona, Arkansas, Delaware,
District of Columbia, Illinois, Indiana, Kansas, Kentucky, Maryland,
Missouri, Nebraska, Nevada, New Jersey, New Mexico, North Carolina,
Ohio, Oklahoma, Pennsylvania, Tennessee, Virginia, and West Virginia.
See Amendment at ] 7.b.
In Zone C, affected model year 2010-2014 GMT900 vehicles.
Zone C comprises the following states: Alaska, Colorado, Connecticut,
Idaho, Iowa, Maine, Massachusetts, Michigan, Minnesota, Montana, New
Hampshire, New York, North Dakota, Oregon, Rhode Island, South Dakota,
Utah, Vermont, Washington, Wisconsin, and Wyoming. See Amendment at ]
7.c.
III. Summary of GM's Fourth Petition for Inconsequentiality
GM's Fourth Petition relies on arguments, data, and analysis in its
First and Second Petitions (and supplemental brief thereto) and Third
Petition, information submitted to the Agency during briefings with
NHTSA, additional arguments and engineering analysis as presented in
the Fourth Petition, and the full administrative record. See Fourth
Petition at 1.
According to the Fourth Petition, ``[a]fter the filing of the Third
Petition, GM and Northrop Grumman continued to investigate and analyze
the longer-term performance of the GMT900 Inflators.'' \5\ Id. at 3.
Specifically, GM states that Northrop Grumman: Aged leftover GMT900
inflators from the original aging study to ``extreme field exposure''
of an estimated thirty-five years--``produc[ing] more ruptures in the
comparison group non-GMT900 Takata inflators but no ruptures in the
GMT900 Inflators''--and applied a predictive-rupture model to GMT900
Inflators yielding results consistent with those from the long-term
aging study. Id. at 3-4. GM contends it thereby ``has established that
worse-than-worst case humidity exposure and temperature cycling will
not cause inflator ruptures in the GMT900 Vehicles at any point within
even unrealistically conservative vehicle-service life estimates''--
i.e., that the covered passenger inflators, as integrated into the
GMT900 vehicles, do not present an unreasonable risk to safety. See id.
at 4.
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\5\ To supplement its internal analysis, GM retained a third-
party expert, Orbital ATK (``OATK''), to conduct a long-term aging
study to estimate the service life expectancy of the covered
passenger inflators in the GMT900 vehicles. See First Petition at
12. Northrop Grumman has since acquired OATK.
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According to the Fourth Petition, GM's position is based upon the
following: Field data, including GM's estimated 66,894 Takata passenger
air bag inflator deployments in GMT900 vehicles without a reported
rupture and ballistic tests of 4,270 covered passenger inflators
without a rupture, the ``final'' results of Northrop Grumman's study of
[[Page 28386]]
inflators artificially exposed to additional humidity and temperature
cycling without a rupture or abnormal deployment and accompanying
statistical interpretation of those results,\6\ and a predictive-aging
model developed by Northrop Grumman. Id. at 12-16. GM also states that
it ``does not believe'' that objections in several public comments
regarding the design of the aging study ``merit a comprehensive
response,'' although GM does ``emphasize[ ]'' ``a few points regarding
the study's design'' to contend that its analysis is supported. See id.
at 15-16.
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\6\ After filing its Third Petition, Northrop Grumman continued
the long-term aging study by aging remaining GMT900 covered
passenger inflators to thirty-five years--five years beyond the
study's original thirty years. Fourth Petition at 13. GM states that
it observed no ruptures in the remaining forty-five inflators after
this additional aging, and that this ``is consistent with field data
and ballistic testing data from GMT900 Inflators recovered from the
field.'' Id. at 13-14.
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In addition, GM states that the covered passenger inflators are not
used by any other original equipment manufacturer and, further, that
the covered inflators have a number of unique design features that
influence burn rates and internal ballistic dynamics, including greater
vent-area-to-propellant-mass ratios, steel end caps, and thinner
propellant wafers. See id. at 6. GM also states that the physical
environment of the GMT900 vehicles better protects the covered
passenger inflators from temperature cycling that can lead to
propellant degradation and, ultimately, inflator rupture. See id. at 7.
This notice serves to make the public aware of GM's pending request
to the agency and the period for public comment. Accordingly, it does
not address the substantive claims, or legal arguments or
interpretations, asserted by GM.
IV. Consolidation
GM's Fourth Petition for Inconsequentiality involves newer model
years of the same covered passenger inflators (i.e., frontal passenger
inflator types ``SPI YP'' and ``PSPI-L YD''), the same vehicle platform
(i.e., the GMT900), and similar purported evidence to support the
safety of the inflators (e.g., estimated field deployments, ballistic
testing), and relies upon results derived from the same long-term aging
study as GM's First, Second, and Third Petitions. Accordingly, it is
appropriate to evaluate the First, Second, Third, and Fourth Petitions
together. In the interest of clarity, consistency, and efficiency, the
Agency is consolidating the Fourth Petition with the First, Second, and
Third Petitions (the ``Consolidated Petitions'') under Docket No.
NHTSA-2016-0124.
Authority: 49 U.S.C. 30101, et seq., 30118, 30120(h), 30162,
30166(b)(1), 30166(g)(1); delegation of authority at 49 CFR 1.95(a);
49 CFR parts 556, 573, 577.
Dated: June 12, 2019.
Jonathan Morrison,
Chief Counsel.
[FR Doc. 2019-12869 Filed 6-17-19; 8:45 am]
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