80 FR 33334 - General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 112 (June 11, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 112 (June 11, 2015)
| Page Range | 33334-33336 | |
| FR Document | 2015-14255 |
[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)] [Notices] [Pages 33334-33336] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14255] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2014-0125; 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. ----------------------------------------------------------------------- SUMMARY: General Motors, LLC, (GM) has determined that certain model year (MY) 2015 GMC multipurpose passenger vehicles (MPV) do not fully comply with paragraph S7.8.5 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices and Associated Equipment. GM has filed an appropriate report dated November 5, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. [[Page 33335]] DATES: The closing date for comments on the petition is July 13, 2015. 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 submitted by any of the following methods:Mail: Send comments 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 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. II. Vehicles Involved: Affected are approximately 51,616 MY 2015 GMC Yukon, Yukon Denali, Yukon XL, and Yukon XL Denali MPVs manufactured between September 19, 2013 and October 10, 2014. See GM's petition for additional details. III. Noncompliance: GM explains that the noncompliance is that under certain conditions the parking lamps on the subject vehicles fail to meet the device activation requirements of paragraph S7.8.5 of FMVSS No. 108. IV. Rule Text: Paragraph S7.8.5 of FMVSS No. 108, as detailed in Table I-a, requires in pertinent part that the activation of parking lamps must be ``Steady burning. Must be activated when the headlamps are activated in a steady burning state.'' 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) GM explains that the condition is difficult to create even in laboratory settings, let alone real-world driving conditions. GM also stated that they were only able to duplicate the condition under the following circumstances: The vehicle is being operated during the daytime with the master lighting switch in ``AUTO'' mode. The transmission is not in ``Park.'' Three or more high-inrush current spikes that exceed the body control module (BCM) inrush current threshold occur on the parking lamp/DRL circuit within a period of 0.625 seconds. While there may be other methods for triggering these spikes (e.g., a service event), GM has only been able to isolate one cause: Manually moving the master lighting control from ``AUTO'' to parking lamp (or headlamp), back to ``AUTO'' and back to parking lamp (or headlamp) within 0.625 seconds. (B) GM believes that drivers are unlikely to cause these spikes during real-world driving. The subject vehicles are equipped with automatic-headlamp operation, so there is very little need for drivers to ever manually operate their vehicle's master lighting control. But even if a driver were inclined to do so, rapidly cycling a vehicle's master lighting control from ``AUTO'' to parking lamp (or headlamp) back to ``AUTO'' and back to parking lamp (or headlamp) in less than a second is a highly unusual maneuver that few (if any) drivers would ever attempt during normal vehicle operation. (C) GM additionally explained that the condition is short-lived and that if the condition does occur any of the following routine operations will automatically correct the condition: Cycling the vehicle's ignition on and off with the master lighting control in auto mode. Turning the ignition off with the master lighting control in any mode other than auto, and then turning the ignition back on after a minimum of ten minutes. Cycling the master lighting control to off and then back to any on position. If the vehicle is in DRL mode, activating both turn signals, or shifting the transmission in and out of ``PARK.'' (D) GM mentions that while the condition affects the parking lamps and DRL's it does not affect the operation of the vehicle's other lamps. (E) GM also cited a previous petition that NHTSA granted dealing with a noncompliance that GM believes is similar to the noncompliance that is the subject of its petition. GM is not aware of any field incidents or warranty claims relating to the subject noncompliance. GM has additionally informed NHTSA that it corrected the noncompliance in subsequent production of the subject vehicles. In summation, GM believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt GM 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 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, any decision on this petition only applies to the subject vehicles that GM no longer [[Page 33336]] controlled at the time it determined that the noncompliance existed. However, any decision on 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 Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015-14255 Filed 6-10-15; 8:45 am] BILLING CODE 4910-59-P
![33334 Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices
received, please enclose a stamped, self- markings shall be placed between the In summation, Tireco believes that the
addressed postcard with the comments. maximum section width (exclusive of described noncompliance of the subject
Note that all comments received will be sidewall decorations or curb ribs) and the tires is inconsequential to motor vehicle
posted without change to http:// bead on at least one sidewall, unless the safety, and that its petition, to exempt
maximum section width of the tire is located
www.regulations.gov, including any in an area which is not more than one-fourth
Tireco from providing recall notification
personal information provided. of the distance from the bead to the shoulder of noncompliance as required by 49
Documents submitted to a docket may of the tire. If the maximum section width U.S.C. 30118 and remedying the recall
be viewed by anyone at the address and falls within that area, the markings shall noncompliance as required by 49 U.S.C.
times given above. The documents may appear between the bead and a point one-half 30120 should be granted.
also be viewed on the Internet at http:// the distance from the bead to the shoulder of NHTSA notes that the statutory
www.regulations.gov by following the the tire, on at least one sidewall. The provisions (49 U.S.C. 30118(d) and
online instructions for accessing the markings shall be in letters and numerals not 30120(h)) that permit manufacturers to
dockets. DOT’s complete Privacy Act less than 2 mm (0.078 inch) high and raised file petitions for a determination of
above or sunk below the tire surface not less
Statement is available for review in the than 0.4 mm (0.015 inch), except that the
inconsequentiality allow NHTSA to
Federal Register published on April 11, marking depth shall be not less than 0.25mm exempt manufacturers only from the
2000, (65 FR 19477–78). (0.010 inch) in the case of motorcycle tires. duties found in sections 30118 and
The petition, supporting materials, The tire identification and the DOT symbol 30120, respectively, to notify owners,
and all comments received before the labeling shall comply with part 574 of this purchasers, and dealers of a defect or
close of business on the closing date chapter. Markings may appear on only one noncompliance and to remedy the
indicated below will be filed and will be sidewall and the entire sidewall area may be defect or noncompliance. Therefore, any
considered. All comments and used in the case of motorcycle tires and decision on this petition only applies to
supporting materials received after the recreational, boat, baggage, and special trailer the subject tires that Tireco no longer
tires . . .
closing date will also be filed and will (b) The tire identification number required
controlled at the time it determined that
be considered to the extent possible. by part 574 of this chapter. This number may the noncompliance existed. However,
When the petition is granted or denied, be marked on only one sidewall. any decision on this petition does not
notice of the decision will be published relieve tire distributors and dealers of
V. Summary of TIRECO’s Analyses: the prohibitions on the sale, offer for
in the Federal Register pursuant to the
Tireco state its belief that the subject sale, or introduction or delivery for
authority indicated below.
noncompliance is inconsequential to introduction into interstate commerce of
SUPPLEMENTARY INFORMATION: motor vehicle safety for the following
I. Tireco’s Petition: Pursuant to 49 the noncompliant tires under their
reasons: control after Tireco notified them that
U.S.C. 30118(d) and 30120(h) (see (A) Tireco believes that the absence of
implementing rule at 49 CFR part 556), the subject noncompliance existed.
the tire size code from the TIN has no
Tireco submitted a petition for an impact on the operational performance Authority: (49 U.S.C. 30118, 30120:
exemption from the notification and of the subject tires or on the safety of Delegations of authority at 49 CFR 1.95 and
remedy requirements of 49 U.S.C. 501.8).
vehicles on which the subject tires are
Chapter 301 on the basis that this mounted because the subject tires meet Jeffrey Giuseppe,
noncompliance is inconsequential to or exceed all of the applicable Director, Office of Vehicle Safety Compliance.
motor vehicle safety. performance requirements specified by [FR Doc. 2015–14256 Filed 6–10–15; 8:45 am]
This notice of receipt of Tireco’s FMVSS No. 119. BILLING CODE 4910–59–P
petition is published under 49 U.S.C. (B) Tireco states that even though the
30118 and 30120 and does not represent size code is absent from the TIN, the tire
any agency decision or other exercise of size information is readily available to DEPARTMENT OF TRANSPORTATION
judgment concerning the merits of the consumers in a more understandable
petition. way by virtue of the actual tire size National Highway Traffic Safety
II. Tires Involved: Affected are marking on the sidewalls. Administration
approximately 1,600 Tireco brand (C) Tireco also states that in the
Power King Traction size 8.25–20E/10, [Docket No. NHTSA–2014–0125; Notice 1]
unlikely event that any of the subject
Power King Traction size 9.00–20 E/10, tires are ever found to contain a defect General Motors, LLC, Receipt of
Milestar Traction size 8.25–20 E/10, and or a substantive noncompliance that Petition for Decision of
Milestar Traction size 9.00–20 E/10 would warrant a recall, the recalled tires Inconsequential Noncompliance
replacement tires. These tires were could be adequately identified through
manufactured between March 1, 2014 the partial [T]IN that is stamped on the AGENCY: National Highway Traffic
and March 22, 2015. sidewall. Safety Administration (NHTSA),
III. Noncompliance: Tireco explains (D) Tireco referenced Department of Transportation (DOT).
that the noncompliance is that the Tire inconsequentiality petitions NHTSA has ACTION: Receipt of petition.
Information Numbers (TINs) required to previously granted in the past that have
be marked on the tire sidewalls by addressed what it believes are similar SUMMARY: General Motors, LLC, (GM)
paragraph S6.5(b) of FMVSS No. 119 are issues. has determined that certain model year
incomplete because they do not include Tireco is not aware of any crashes, (MY) 2015 GMC multipurpose
the tire size codes required by 49 CFR injuries, customer complaints, or field passenger vehicles (MPV) do not fully
mstockstill on DSK4VPTVN1PROD with NOTICES
part 574.5(b). reports associated with the subject comply with paragraph S7.8.5 of
IV. Rule Text: Paragraph S6.5 of noncompliance. Federal Motor Vehicle Safety Standard
FMVSS No. 119 requires in pertinent Tireco has additionally informed (FMVSS) No. 108, Lamps, Reflective
part: NHTSA that the fabricating Devices and Associated Equipment. GM
S6.5 Tire Markings. Except as specified in manufacturer has corrected the molds at has filed an appropriate report dated
this paragraph, each tire shall be marked on the manufacturing plant so that no November 5, 2014, pursuant to 49 CFR
each sidewall with the information in additional tires will be manufactured part 573, Defect and Noncompliance
paragraph (a) through (j) of this section. The with the noncompliance. Responsibility and Reports.
VerDate Sep<11>2014 17:06 Jun 10, 2015 Jkt 235001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1](https://thefederalregister.org/doc/80_FR_33446/page/1.svg)
![33336 Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices
controlled at the time it determined that W12–140, 1200 New Jersey Avenue SE., trailer replacement tires manufactured
the noncompliance existed. However, Washington, DC 20590. The Docket between March 22, 2015 and April 9,
any decision on this petition does not Section is open on weekdays from 10 2015.
relieve vehicle distributors and dealers a.m. to 5 p.m. except Federal Holidays. III. Noncompliance: Goodyear
of the prohibitions on the sale, offer for • Electronically: Submit comments explains that because the sidewall
sale, or introduction or delivery for electronically by: Logging onto the markings on the reference side of the
introduction into interstate commerce of Federal Docket Management System subject tires incorrectly identify the
the noncompliant vehicles under their (FDMS) Web site at http:// number of plies as ‘‘4 Plies Steel Cord’’
control after GM notified them that the www.regulations.gov/. Follow the online instead of the actual number ‘‘5 Plies
subject noncompliance existed. instructions for submitting comments. Steel Cord,’’ the tires do not meet the
Authority: (49 U.S.C. 30118, 30120: Comments may also be faxed to (202) requirements of paragraph S6.5(f) of
Delegations of authority at 49 CFR 1.95 and 493–2251. FMVSS No. 119.
501.8). Comments must be written in the IV. Rule Text: Paragraph S6.5 of
English language, and be no greater than FMVSS No. 119 requires in pertinent
Jeffrey Giuseppe,
15 pages in length, although there is no part:
Director, Office of Vehicle Safety Compliance. limit to the length of necessary S6.5 Tire Markings. Except as specified in
[FR Doc. 2015–14255 Filed 6–10–15; 8:45 am] attachments to the comments. If paragraphs, each tire shall be marked on each
BILLING CODE 4910–59–P comments are submitted in hard copy sidewall with the information specified in
form, please ensure that two copies are paragraphs (a) through (j) of this section . . .
provided. If you wish to receive (f) The actual number of plies and the
DEPARTMENT OF TRANSPORTATION confirmation that your comments were composition of the ply cord material in the
received, please enclose a stamped, self- sidewall and, if different, in the tread area;
National Highway Traffic Safety
Administration addressed postcard with the comments. V. Summary of Goodyear’s Analyses:
Note that all comments received will be Goodyear stated its belief that the
[Docket No. NHTSA–2015–0052; Notice 1] posted without change to http:// subject noncompliance is
www.regulations.gov, including any inconsequential to motor vehicle safety
Goodyear Tire & Rubber Company, personal information provided. for the following reasons:
Receipt of Petition for Decision of Documents submitted to a docket may
Inconsequential Noncompliance (A) Goodyear stated that the subject tires
be viewed by anyone at the address and were manufactured as designed and meet or
AGENCY: National Highway Traffic times given above. The documents may exceed all applicable FMVSS performance
Safety Administration (NHTSA), also be viewed on the Internet at standards.
Department of Transportation (DOT). http://www.regulations.gov by following (B) Goodyear also stated that all of the
the online instructions for accessing the sidewall markings related to tire service (load
ACTION: Receipt of petition.
dockets. DOT’s complete Privacy Act capacity, corresponding inflation pressure,
SUMMARY: Goodyear Tire & Rubber Statement is available for review in the etc.) are correct.
Company (Goodyear), has determined (C) Goodyear believes that the mislabeling
Federal Register published on April 11, of the subject tires is not a safety concern and
that certain Goodyear G316 LHT 2000, (65 FR 19477–78). also has no impact on the retreading,
commercial truck trailer replacement The petition, supporting materials, repairing, and recycling industries.
tires do not fully comply with paragraph and all comments received before the (D) Goodyear also pointed out that NHTSA
S6.5(f) of Federal Motor Vehicle Safety close of business on the closing date has previously granted petitions for non-
Standard (FMVSS) No. 119, New indicated below will be filed and will be compliances in sidewall marking that it
Pneumatic Radial Tires for motor considered. All comments and believes are similar to its petition.
vehicles with a GVWR of more than supporting materials received after the Goodyear additionally informed
4,536 Kilograms (10,000 pounds) and closing date will also be filed and will NHTSA that the molds at the
Motorcycles. Goodyear has filed an be considered to the extent possible. manufacturing plant have been
appropriate report dated April 27, 2015, When the petition is granted or denied, corrected so that no additional tires will
pursuant to 49 CFR part 573, Defect and notice of the decision will be published be manufactured or sold with the
Noncompliance Responsibility and in the Federal Register pursuant to the noncompliance.
Reports. authority indicated below. In summation, Goodyear believes that
DATES: The closing date for comments SUPPLEMENTARY INFORMATION: the described noncompliance of the
on the petition is July 13, 2015. I. Goodyear’s Petition: Pursuant to 49 subject tires is inconsequential to motor
ADDRESSES: Interested persons are U.S.C. 30118(d) and 30120(h) (see vehicle safety, and that its petition, to
invited to submit written data, views, implementing rule at 49 CFR part 556), exempt Goodyear from providing recall
and arguments on this petition. Goodyear submitted a petition for an notification of noncompliance as
Comments must refer to the docket and exemption from the notification and required by 49 U.S.C. 30118 and
notice number cited at the beginning of remedy requirements of 49 U.S.C. remedying the recall noncompliance as
this notice and submitted by any of the Chapter 301 on the basis that this required by 49 U.S.C. 30120 should be
following methods: noncompliance is inconsequential to granted.
• Mail: Send comments by mail motor vehicle safety. NHTSA notes that the statutory
addressed to: U.S. Department of This notice of receipt of Goodyear’s provisions (49 U.S.C. 30118(d) and
mstockstill on DSK4VPTVN1PROD with NOTICES
Transportation, Docket Operations, M– petition is published under 49 U.S.C. 30120(h)) that permit manufacturers to
30, West Building Ground Floor, Room 30118 and 30120 and does not represent file petitions for a determination of
W12–140, 1200 New Jersey Avenue SE., any agency decision or other exercise of inconsequentiality allow NHTSA to
Washington, DC 20590. judgment concerning the merits of the exempt manufacturers only from the
• Hand Deliver: Deliver comments by petition. duties found in sections 30118 and
hand to: U.S. Department of II. Tires Involved: Affected are 30120, respectively, to notify owners,
Transportation, Docket Operations, M– approximately 79 Goodyear G316 LHT purchasers, and dealers of a defect or
30, West Building Ground Floor, Room size 295/75R22.5 commercial truck noncompliance and to remedy the
VerDate Sep<11>2014 17:06 Jun 10, 2015 Jkt 235001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1](https://thefederalregister.org/doc/80_FR_33446/page/3.svg)
Document Created: 2015-12-15 15:07:38
Document Modified: 2015-12-15 15:07:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of petition. | |
| Dates | The closing date for comments on the petition is July 13, 2015. | |
| FR Citation | 80 FR 33334 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR