81 FR 1674 - General Motors LLC (GM), Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 8 (January 13, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 8 (January 13, 2016)
| Page Range | 1674-1676 | |
| FR Document | 2016-00449 |
[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)] [Notices] [Pages 1674-1676] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00449] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 [[Page 1675]] 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 [[Page 1676]] 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
![1674 Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Notices
individual is currently serving under a DEPARTMENT OF TRANSPORTATION between June 18, 2009, and October 31,
disqualification order; and (iii) a 2013.
disqualified individual to inform his National Highway Traffic Safety III. Noncompliance: GM explains that
new or prospective employer of the Administration the affected vehicles were offered for
disqualification order and provide a [Docket No. NHTSA–2013–0143; Notice 2]
sale with spare tires whose rims were
copy of the same. Additionally, the marked with a ‘‘T’’ to indicate the
regulations prohibit a railroad from General Motors LLC (GM), Grant of source of the rim’s published nominal
employing a person serving under a Petition for Decision of dimensions as the Tire and Rim
disqualification order to work in a Inconsequential Noncompliance Association, rather than the correct ‘‘E’’
safety-sensitive position. This to indicate the European Tyre and Rim
information serves to inform a railroad AGENCY: National Highway Traffic Technical Organization (ETRTO).
whether an employee or prospective Safety Administration (NHTSA), Additionally, the ETRTO does not
employee is currently disqualified from Department of Transportation (DOT). identify the 18 inch rim utilized as a
performing safety-sensitive service ACTION: Grant of Petition. suitable match for the T135/70R18 spare
based on the issuance of a tire. Since all vehicles sold in the U.S.
disqualification order by FRA. SUMMARY: General Motors LLC (GM) has must be marked with a reference
Furthermore, it prevents an individual determined that certain model year designation that indicates the source of
currently serving under a (MY) 2010–2014 Cadillac SRX the rim’s published nominal
disqualification order from retaining multipurpose passenger vehicles dimensions, and the indicated source
and obtaining employment in a safety- (MPVs) do not fully comply with must list suitable rim sizes for each tire
sensitive position in the rail industry. paragraphs S4.4.1(a) and S4.4.2(a) of size listed, these vehicles fail to fully
Type of Request: Extension without Federal Motor Vehicle Safety Standard meet the requirements set forth in
change of a currently approved (FMVSS) No. 110, Tire selection and paragraph S4.4.1(a) and S4.4.2(a) of
information collection. rims and motor home/recreation vehicle FMVSS No. 110.
Affected Public: Businesses trailer load carrying capacity IV. Rule Text: Paragraph S4.4 of
(Railroads). information for motor vehicles with a FMVSS No. 110 requires in pertinent
GVWR of 4,536 kilograms (10,000 part:
Form(s): N/A.
pounds) or less. GM filed a report dated
Total Annual Estimated Responses: 3. . . .
November 27, 2013 pursuant to 49 CFR S4.4.1 Requirements. Each rim shall:
Total Annual Estimated Burden: 5 part 573, Defect and Noncompliance
hours. (a) Be constructed to the dimensions of a
Responsibility and Reports. GM then rim that is listed by the manufacturer of the
Addressee: Send comments regarding petitioned NHTSA in accordance with tires as suitable for use with those tires, in
these information collections to the 49 CFR part 556 requesting a decision accordance with S4 of § 571.139.
Office of Information and Regulatory that the subject noncompliance is . . .
Affairs, Office of Management and inconsequential to motor vehicle safety. S4.4.2 Rim markings for vehicles other
Budget, 725 Seventeenth Street NW., than passenger cars. Each rim or, at the
ADDRESSES: For further information on option of the manufacturer in the case of a
Washington, DC 20503, Attention: FRA
Desk Officer. Comments may also be this decision contact Amina Fisher, single-piece wheel, each wheel dish shall be
sent via email to OMB at the following Office of Vehicle Safety Compliance, marked with the information listed in S4.4.2
address: oira_submissions@ National Highway Traffic Safety (a) through (e) . . .
Administration (NHTSA), telephone (a) A designation that indicates the source
omb.eop.gov. of the rim’s published nominal dimensions,
Comments are invited on the (202) 366–5307, facsimile (202) 366–
5930. as follows:
following: Whether the proposed (1) ‘‘T’’ indicates The Tire and Rim
collections of information are necessary SUPPLEMENTARY INFORMATION: Association.
for the proper performance of the I. GM’s Petition: Pursuant to 49 U.S.C. (2) ‘‘E’’ indicates The European Tyre and
functions of the Department, including 30118(d) and 30120(h) and the rule Rim Technical Organization.
whether the information will have implementing those provisions at 49 . . .
practical utility; the accuracy of the CFR part 556, GM submitted a petition V. Summary of GM’s Analyses: GM
Department’s estimates of the burden of dated December 5, 2013, for an stated its belief that the subject
the proposed information collections; exemption from the notification and noncompliance is inconsequential to
ways to enhance the quality, utility, and remedy requirements of 49 U.S.C. motor vehicle safety for the following
clarity of the information to be Chapter 301 on the basis that this reasons:
collected; and ways to minimize the noncompliance is inconsequential to 1. The tire and rim of the affected
burden of the collections of information motor vehicle safety. spare wheels are properly matched and
on respondents, including the use of Notice of receipt of GM’s petition was are appropriate for the load-carrying
automated collection techniques or published, with a 30-Day public characteristics of the subject vehicles.
other forms of information technology. comment period, on June 6, 2014 in the 2. The incorrect reference document
A comment to OMB is best assured of Federal Register (79 FR 32813). No marking has no effect on the
having its full effect if OMB receives it comments were received. To view the performance of the tire/rim
within 30 days of publication of this petition and all supporting documents combination.
log onto the Federal Docket 3. The subject tire/rim assembly meets
asabaliauskas on DSK5VPTVN1PROD with NOTICES
notice in the Federal Register.
Authority: 44 U.S.C. 3501–3520.
Management System (FDMS) Web site the S4.4.1(b) rapid air loss requirement
at: http://www.regulations.gov/. Then for FMVSS No. 110. The subject
Issued in Washington, DC on January 7, follow the online search instructions to vehicles also meet GM’s internal ride
2016. locate docket number ‘‘NHTSA–2013– and handling guidelines with the
Corey Hill, 0143.’’ subject spare tire/rim assembly
Acting Executive Director. II. Vehicles Involved: Affected are installed.
[FR Doc. 2016–00491 Filed 1–12–16; 8:45 am] approximately 51,704 MY 2010–2014 4. All other rim marking information
BILLING CODE 4910–06–P GM Cadillac SRX MPVs manufactured required by S4.4.2 of FMVSS No. 110 on
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![1676 Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Notices
petition does not relieve vehicle comment period, on September 8, 2015 (A) MNA states that after the car’s
distributors and dealers of the in the Federal Register (80 FR 53912). ignition is switched to the ON position,
prohibitions on the sale, offer for sale, No comments were received. To view the TPMS immediately seeks to confirm
or introduction or delivery for the petition and all supporting if all wheel sensors are present. If the
introduction into interstate commerce of documents log onto the Federal Docket TPMS detects a sensor is not present, an
the noncompliant vehicles under their Management System (FDMS) Web site internal timer is started. If the sensor
control after GM notified them that the at: http://www.regulations.gov/. Then detected as missing was also detected as
subject noncompliance existed. follow the online search instructions to missing during the previous ignition
Authority: (49 U.S.C. 30118, 30120: locate docket number ‘‘NHTSA–2014– cycle, the TPMS malfunction indicator
delegations of authority at 49 CFR 1.95 and 0034.’’ will illuminate as required to indicate a
501.8). II. Vehicles Involved: Affected are hardware fault is still present. If the
approximately 8,789 MY 2011–2013 engine is subsequently started again and
Jeffrey M. Giuseppe, Maserati Quattroporte and MY 2011– left in its steady state (engine not cold)
Director, Office of Vehicle Safety Compliance. 2014 Maserati Granturismo and idle, the warning lamp will continue to
[FR Doc. 2016–00449 Filed 1–12–16; 8:45 am] Granturismo Convertible passenger remain illuminated as required.
BILLING CODE 4910–59–P vehicles. However, if the car is then driven, the
III. Noncompliance: MNA explains warning lamp will extinguish. Once the
that after the car’s ignition is switched vehicle has been moving above 22 mph
DEPARTMENT OF TRANSPORTATION to the ON position, the Tire Pressure for a period of 15 seconds, the TPMS
Monitoring System (TPMS) immediately will seek to confirm that all wheel
National Highway Traffic Safety seeks to confirm if all wheel sensors are sensors are fitted to the vehicle. If the
Administration present. When the TPMS first detects a internal timer reaches 160 seconds, and
[Docket No. NHTSA–2014–0034; Notice 2] sensor is missing, it illuminates the the vehicle has been moving above 22
malfunction indicator as required by mph for 15 seconds, the TPMS
Maserati S.p.A and Maserati North FMVSS No. 138. Upon subsequent malfunction indicator will illuminate
America, Inc., Grant of Petition for ignition cycles, if the sensor detected as correctly. Once the malfunction
Decision of Inconsequential missing during the previous ignition indicator is illuminated, it remains so
Noncompliance cycle is still missing, the TPMS throughout that ignition cycle,
AGENCY: National Highway Traffic malfunction indicator will again regardless of the vehicle’s speed.
illuminate as required and stay (B) MNA explained that if the TPMS
Safety Administration (NHTSA),
illuminated until the vehicle begins to fails to detect the wheel sensors, the
Department of Transportation (DOT).
move, at which time the indicator will TPMS will display no value on the
ACTION: Grant of petition. TPMS pressures screen for the tire
extinguish. The extinguishment of the
SUMMARY: Maserati S.p.A and Maserati malfunction indicator while the pressure, indicating that the status of
North America, Inc. (collectively malfunction still exists is in violation to the wheel sensor is unconfirmed.
‘‘MNA’’) have determined that certain paragraph S4.4(c)(2) of FMVSS No. 138. (C) MNA said that the noncompliance
model year (MY) 2011–2014 MNA The malfunction indicator must is confined to one particular aspect of
passenger cars do not fully comply with illuminate when a malfunction is the functionality of the otherwise
paragraph S4.4(c)(2), of Federal Motor identified and remain illuminated as compliant TPMS malfunction indicator.
long as the condition exists. All other aspects of the low-pressure
Vehicle Safety Standard (FMVSS) No.
IV. Rule Text: Paragraph S4.4(c)(2) of monitoring system functionality are
138, Tire Pressure Monitoring Systems.
FMVSS No. 138 requires in pertinent fully compliant with the requirements
MNA has filed a report dated March 3,
part: of FMVSS No. 138. Also MNA stated
2014, pursuant to 49 CFR part 573,
that NHTSA had previously published a
Defect and Noncompliance S4.4 TPMS Malfunction. rule (April 8, 2005) that said a
Responsibility and Reports. MNA then * * * * * malfunction, in and of itself, does not
petitioned NHTSA under 49 CFR part (c) Combination low tire pressure/TPMS represent a safety risk to vehicle
556 requesting a decision that the malfunction telltale. The vehicle meets the
occupants and that the chances of
subject noncompliance is requirements of S4.4(a) when equipped with
a combined Low Tire Pressure/TPMS having a TPMS malfunction and a
inconsequential to motor vehicle safety.
malfunction telltale that: significantly under-inflated tire at the
ADDRESSES: For further information on same time are unlikely.
(2) Flashes for a period of at least 60
this decision contact Kerrin Bressant, seconds but no longer than 90 seconds upon (D) MNA said that NHTSA has
Office of Vehicles Safety Compliance, detection of any condition specified in previously granted petitions for
the National Highway Traffic Safety S4.4(a) after the ignition locking system is inconsequential noncompliances related
Administration (NHTSA), telephone activated to the ‘‘On’’ (‘‘Run’’) position. After to the TPMS malfunction indicator not
(202) 366–1110, facsimile (202) 366– each period of prescribed flashing, the illuminating in the manner required by
3081. telltale must remain continuously
illuminated as long as a malfunction exists
FMVSS No. 138 due to a software
SUPPLEMENTARY INFORMATION: and the ignition locking system is in the malfunction. MNA mentioned a grant to
I. MNA’s Petition: Pursuant to 49 ‘‘On’’ (‘‘Run’’) position. This flashing and a petition submitted by Volkswagen
U.S.C. 30118(d) and 30120(h) and the illumination sequence must be repeated each Group of America, Inc. for Audi
rule implementing those provisions at vehicles.1 MNA explained that in the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
time the ignition locking system is placed in
49 CFR part 556, MNA submitted a the ‘‘On’’ (‘‘Run’’) position until the situation Volkswagen case, the TPMS would
petition for an exemption from the causing the malfunction has been corrected. initially display the required warning,
. . . but the telltale light would not stay
notification and remedy requirements of
49 U.S.C. Chapter 301 on the basis that V. Summary of MNA’s Analyses: illuminated in the manner required by
this noncompliance is inconsequential MNA stated its belief that the subject FMVSS No. 138 in that the warning
to motor vehicle safety. noncompliance is inconsequential to light would be extinguished on
Notice of receipt of the petition was motor vehicle safety for the following
published, with a 30-day public reasons: 1 76 FR 30239 (May 24, 2011).
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Document Created: 2016-01-13 01:00:32
Document Modified: 2016-01-13 01:00:32
| 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 | Grant of Petition. | |
| FR Citation | 81 FR 1674 |
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