81 FR 17761 - General Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 61 (March 30, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 61 (March 30, 2016)
| Page Range | 17761-17763 | |
| FR Document | 2016-07092 |
[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)] [Notices] [Pages 17761-17763] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07092] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2014-0045; Notice 2] General Motors, LLC, 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) 2014 GMC Sierra Denali vehicles do not fully comply with paragraph S3.1.4 of Federal Motor Vehicle Safety Standard (FMVSS) No. 102, Transmission shift position sequence, starter interlock, and transmission braking effect. GM filed a report dated January 31, 2014 pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. GM then petitioned NHTSA under 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 John Finneran, Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration (NHTSA), telephone [[Page 17762]] (202) 366-5289, 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 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 May 22, 2014 in the Federal Register (79 FR 29501). One comment was received from the Advocates for Highway and Auto Safety. 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-2014-0045.'' II. Vehicles Involved: Affected are approximately 2,747 MY 2014 GMC Sierra Denali vehicles equipped with RPO code ``UHS'' instrument cluster displays that were manufactured between July 16, 2013 and January 22, 2014. III. Noncompliance: GM explains that in certain circumstances the subject vehicles may experience a condition where the instrument cluster resets, and the analog gauges and the PRNDM indicators turn off momentarily to ensure the integrity of the information being displayed by electronic devices. Since all vehicles sold in the U.S. must display the shift positions, including the positions in relation to each other and the position selected whenever the ignition is in a position where the transmission can be shifted; or the transmission is not in park, these vehicles fail to fully meet the requirements set forth in paragraph S3.1.4 of FMVSS No. 102. IV. Rule Text: Paragraph S3.1.4 of FMVSS No. 102 requires in pertinent part: S3.1.4 Identification of shift positions and of shift position sequence . . . S3.1.4.1 Expect 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 . . . S3.1.4.3 Such information need not be displayed when the ignition is in a position that is used only to start the vehicle . . . 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. GM believes that the condition is extremely unlikely to occur. For the condition to occur, the instrument cluster design input rate must be exceeded. This can only happen under extreme load conditions. For example, GM was able to create the condition in the laboratory by simultaneously inputting a series of warnings into the cluster during an active search of a media device connected to the vehicle while a Bluetooth[supreg] connected phone call is received by the vehicle. 2. GM states that any disruption of the PRNDM display as a result of this condition is very brief. In the unlikely event the condition were to occur and the instrument cluster resets, the PRNDM display would be restored within 1.3 seconds. This momentary reset would be a clear indication to the driver that service may be required. 3. GM also believes that the condition has little effect on the normal operation of the vehicle. While the operation of the instrument panel is briefly affected by the underlying condition, none of the other vehicle operations are affected. 4. GM states that the condition is extremely remote and not likely to occur during shifting. Considering the unusual combination of pre- conditions for the condition to occur, it is very unlikely the brief disruption of the PRNDM display would occur when it is needed, i.e., during shifting. Most shifting occurs shortly after the vehicle is started, or just prior to being turned off. In the rare instance of a cluster reset, it would be more likely to occur during driving, not immediately after starting the vehicle or just prior to the driver exiting the vehicle. 5. GM is not aware of any reported instrument cluster resets as a result of the subject noncompliance. 6. GM also expressed its belief that for previous noncompliances that GM believes were similar, NHTSA granted petitions for inconsequential noncompliance. GM has additionally informed NHTSA that it has corrected the noncompliance so that all future production vehicles will 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 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'S Decision NHTSA'S Analysis: GM explains that because they could only duplicate the subject condition with a series of unlikely simultaneous inputs, they believe that the subject noncompliance is not likely to occur. As an example, if all of the following conditions were to occur simultaneously the subject condition may occur causing an instrument cluster reset: A navigation route is active; three cluster warnings are initiated simultaneously; there is an incoming Bluetooth[supreg] connected phone call that triggers a Driver Information Center message; and a passenger actively searches a media device that provides more data than a typical radio display (e.g., XM radio, or a paired media device). If all the above were to occur at precisely the same instant (within a millisecond) according the GM, a cluster reset may be triggered. NHTSA agrees with GM that the possibility of this condition occurring is improbable because multiple specific actions must be taken by the driver and/or passenger simultaneously. GM states that the disruption of the PRNDM as a result of this condition is very brief and in the unlikely event the condition where to occur and the instrument cluster resets, the PRNDM display would be restored within 1.3 seconds. GM also noted that while the operation of the instrument panel would be briefly affected by the underlying condition, no other vehicle operations are affected. After receipt of GM's petition, NHTSA requested more information regarding the subject noncompliance. GM submitted videos showing that when the condition occurs any existing warning lights extinguish, the indicators (gauges) drop to zero, and operation of the entire instrument panel is interrupted. Specifically, any illuminated telltales extinguish for approximately 1.3 seconds before a bulb check that lasts approximately five seconds is initiated. At the conclusion of the bulb check any previously illuminated telltales will illuminate and remain illuminated. NHTSA agrees with GM that if the instrument panel reset were to happen it would only be a momentary condition, the instrument panel telltales and indicators would extinguish and return to normal very quickly, with little, if any, impact to the driver. GM mentioned two previous petitions that the agency granted due to the loss or failure of telltale indications. In the first petition, General Motors Corp.; Grant of Petition for Determination of [[Page 17763]] Inconsequential Noncompliance, 56 FR 33323 (July 19, 1991), the noncompliance would only manifest itself when the headlight high beams were turned on and the cigar lighter was activated. In this situation the required high beam telltale could dim or extinguish altogether for a short period of time while the cigar lighter was being powered. The petition was granted because the agency determined there was no consequence to motor vehicle safety attached to the extinguishment of the high beam telltale. In the second petition, submitted by Nissan, Nissan North America, Incorporated, Grant of Petition for Decision of Inconsequential Noncompliance, 78 FR 59090 (Sept. 25, 2013), under rare circumstances the transmission gear selected was not always displayed correctly as required. The petition was granted because it was only possible for the gear indication to extinguish when the engine was inactive and the vehicle was inoperable. Upon reactivating the engine the gear indicator displayed the correct gear. Advocates for Highway and Auto Safety (Advocates), provided comments about GM's petition in response to the petition receipt notice published in the Federal Register. The Advocates do not specifically support the granting or denial of GM's petition, but believe that the existence of such a malfunction raises serious questions regarding vehicle design which can lead to this kind of situation. Finally, GM states that they are not aware of any reported instrument cluster resets as a result of the subject condition. NHTSA'S Decision: In consideration of the foregoing, NHTSA finds that GM has met its burden of persuasion that the FMVSS No. 102 noncompliance in the affected vehicles is inconsequential to motor vehicle safety. Accordingly, GM's petition is hereby granted and GM is consequently exempted from the obligation of providing notification of, and a free 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 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 authoriy at 49 CFR 1.95 and 501.8. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2016-07092 Filed 3-29-16; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices 17761
SUMMARY: This document announces a comments were received in response to manufactured to comply with all
decision by the National Highway this petition. The reader is referred to applicable FMVSS, are substantially
Traffic Safety Administration that the receipt notice for a thorough similar to MY 2014 Mercedes-Benz SLK
certain model year (MY) 2014 Mercedes- description of the petition. Class passenger cars manufactured for
Benz SLK Class passenger cars (PCs) NHTSA’S Conclusions
importation into and/or sale in the
that were not originally manufactured to United States, and certified under 49
comply with all applicable Federal NHTSA has reviewed the petition and U.S.C. 30115, and are capable of being
Motor Vehicle Safety Standards has concluded that the vehicles covered readily altered to conform to all
(FMVSS) are eligible for importation by the petition are substantially similar applicable Federal Motor Vehicle Safety
into the United States because they are to MY 2014 Mercedes-Benz SLK Class Standards.
substantially similar to vehicles PC’s and are capable of being readily
altered to comply with all applicable Vehicle Eligibility Number for Subject
originally manufactured for sale in the
FMVSS. Vehicles
United States and certified by their
manufacturer as complying with the NHTSA has also determined that any The importer of a vehicle admissible
safety standards (the U.S. certified RI who imports or modifies one of these under any final decision must indicate
version of the MY 2014 Mercedes-Benz vehicles must include in the statement on the form HS–7 accompanying entry
SLK Class PC), and they are capable of of conformity and associated documents the appropriate vehicle eligibility
being readily altered to conform to the (referred to as a ‘‘conformity package’’) number indicating that the vehicle is
standards. it submits to NHTSA under 49 CFR eligible for entry. VSP–581 is the
592.6(d) additional specific proof to vehicle eligibility number assigned to
DATES: This decision became effective
confirm that the vehicle was vehicles admissible under this notice of
on March 25, 2016. manufactured to conform to, or was
ADDRESSES: For further information
final decision.
successfully altered to conform to,
contact George Stevens, Office of FMVSS No. 101, Controls and Displays, Authority: 49 U.S.C. 30118, 30120:
Vehicle Safety Compliance, NHTSA delegations of authority at 49 CFR 1.95 and
FMVSS No. 138, Tire Pressure
(202–366–5308). 501.8.
Monitoring Systems, FMVSS No. 208
SUPPLEMENTARY INFORMATION: Occupant Crash Protection and FMVSS Jeffrey M. Giuseppe,
No. 301 Fuel System Integrity. This Director, Office of Vehicle Safety Compliance.
Background
proof must include detailed [FR Doc. 2016–07144 Filed 3–29–16; 8:45 am]
Under 49 U.S.C. 30141(a)(1)(A), a descriptions of all modifications made BILLING CODE 4910–59–P
motor vehicle that was not originally to achieve conformity with those
manufactured to conform to all standards, including a detailed
applicable FMVSS shall be refused description of systems in place (if any) DEPARTMENT OF TRANSPORTATION
admission into the United States unless on the vehicle at the time it was
NHTSA has decided that the motor delivered to the RI and a similarly National Highway Traffic Safety
vehicle is substantially similar to a detailed description of the systems in Administration
motor vehicle originally manufactured place after the vehicle is altered,
for importation into and sale in the including photographs of all required [Docket No. NHTSA–2014–0045; Notice 2]
United States, certified as required labeling. The description must also
under 49 U.S.C. 30115, and of the same include parts assembly diagrams and General Motors, LLC, Grant of Petition
model year as the model of the motor associated part numbers for all for Decision of Inconsequential
vehicle to be compared, and is capable components that were removed from or Noncompliance
of being readily altered to conform to all installed on the vehicle, a description of
applicable FMVSS. AGENCY: National Highway Traffic
how any computer programming
Petitions for eligibility decisions may changes were completed, and a Safety Administration (NHTSA),
be submitted by either manufacturers or description of how compliance was Department of Transportation (DOT).
importers who have registered with verified after alterations were ACTION: Grant of petition.
NHTSA pursuant to 49 CFR part 592. As completed. Photographs (e.g., monitor
specified in 49 CFR 593.7, NHTSA SUMMARY: General Motors, LLC, (GM)
print screen captures) or report
publishes notice in the Federal Register has determined that certain model year
printouts, as practicable, must be
of each petition that it receives, and (MY) 2014 GMC Sierra Denali vehicles
submitted as proof that any computer
affords interested persons an do not fully comply with paragraph
reprogramming was carried out
opportunity to comment on the petition. S3.1.4 of Federal Motor Vehicle Safety
successfully.
At the close of the comment period, In addition to the information Standard (FMVSS) No. 102,
NHTSA decides, on the basis of the specified above, each conformity Transmission shift position sequence,
petition and any comments that it has package must also include evidence starter interlock, and transmission
received, whether the vehicle is eligible showing how the RI verified that the braking effect. GM filed a report dated
for importation. The agency then changes it made in loading or January 31, 2014 pursuant to 49 CFR
publishes this decision in the Federal reprograming vehicle software to part 573, Defect and Noncompliance
Register. achieve conformity with each separate Responsibility and Reports. GM then
J.K. Technologies, LLC, of Baltimore, petitioned NHTSA under 49 CFR part
asabaliauskas on DSK3SPTVN1PROD with NOTICES
FMVSS, did not also cause the vehicle
Maryland (JK) (Registered Importer# RI– to fall out of compliance with any other 556 requesting a decision that the
90–006), petitioned NHTSA to decide applicable FMVSS. subject noncompliance is
whether MY 2014 Mercedes-Benz SLK inconsequential to motor vehicle safety.
Class PCs are eligible for importation Decision ADDRESSES: For further information on
into the United States. NHTSA Accordingly, on the basis of the this decision contact John Finneran,
published a notice of the petition on foregoing, NHTSA hereby decides that Office of Vehicle Safety Compliance,
February 16, 2016 (81 FR 7889) to afford MY 2014 Mercedes-Benz SLK Class National Highway Traffic Safety
an opportunity for public comment. No passenger cars that were not originally Administration (NHTSA), telephone
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![Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices 17763
Inconsequential Noncompliance, 56 FR existed. However, the granting of this Chapter 301 on the basis that this
33323 (July 19, 1991), the petition does not relieve vehicle noncompliance is inconsequential to
noncompliance would only manifest distributors and dealers of the motor vehicle safety.
itself when the headlight high beams prohibitions on the sale, offer for sale, Notice of receipt of Chrysler’s petition
were turned on and the cigar lighter was or introduction or delivery for was published, with a 30-Day public
activated. In this situation the required introduction into interstate commerce of comment period, on June 19, 2014 in
high beam telltale could dim or the noncompliant vehicles under their the Federal Register (79 FR 35227). No
extinguish altogether for a short period control after GM notified them that the comments were received. To view the
of time while the cigar lighter was being subject noncompliance existed. petition and all supporting documents
powered. The petition was granted Authority: 49 U.S.C. 30118, 30120: log onto the Federal Docket
because the agency determined there Delegations of authoriy at 49 CFR 1.95 and Management System (FDMS) Web site
was no consequence to motor vehicle 501.8. at: http://www.regulations.gov/. Then
safety attached to the extinguishment of follow the online search instructions to
the high beam telltale. Jeffrey M. Giuseppe, locate docket number ‘‘NHTSA–2014–
In the second petition, submitted by Director, Office of Vehicle Safety Compliance. 0056.’’
Nissan, Nissan North America, [FR Doc. 2016–07092 Filed 3–29–16; 8:45 am]
Incorporated, Grant of Petition for II. Vehicles Involved
BILLING CODE 4910–59–P
Decision of Inconsequential Affected are approximately 3,447 MY
Noncompliance, 78 FR 59090 (Sept. 25, 2013 and 2014 Fiat brand, 500e model,
2013), under rare circumstances the DEPARTMENT OF TRANSPORTATION passenger cars manufactured between
transmission gear selected was not March 21, 2013 and February 11, 2014
always displayed correctly as required. National Highway Traffic Safety at Chrysler’s Toluca Assembly Plant.
The petition was granted because it was Administration
only possible for the gear indication to III. Noncompliance
[Docket No. NHTSA–2014–0056; Notice 2]
extinguish when the engine was Chrysler explains that the
inactive and the vehicle was inoperable. Chrysler Group LLC, Grant of Petition noncompliance is that the low tire
Upon reactivating the engine the gear for Decision of Inconsequential pressure indicator telltale installed on
indicator displayed the correct gear. Noncompliance the subject vehicles is orange in color
Advocates for Highway and Auto rather than yellow as required by
Safety (Advocates), provided comments AGENCY: National Highway Traffic paragraph S5.4.1 of FMVSS No. 101.
about GM’s petition in response to the Safety Administration (NHTSA),
petition receipt notice published in the Department of Transportation (DOT). IV. Rule Text
Federal Register. The Advocates do not ACTION: Grant of petition. Paragraph S5.4 of FMVSS No. 101
specifically support the granting or requires in pertinent part:
SUMMARY: Chrysler Group LLC
denial of GM’s petition, but believe that S5.4 Color
the existence of such a malfunction (Chrysler) 1 has determined that certain
S5.4.1 The light of each telltale listed in
raises serious questions regarding model year (MY) 2013 and 2014 Fiat Table 1 must be of the color specified for that
vehicle design which can lead to this brand, 500e model, passenger cars do telltale in column 6 of that table.
kind of situation. not fully comply with paragraph S5.4.1
Finally, GM states that they are not of Federal Motor Vehicle Safety V. Summary of Chrysler’s Analyses
aware of any reported instrument Standard (FMVSS) No. 101, Controls Chrysler stated that in the FMVSS No.
cluster resets as a result of the subject and Displays. Chrysler has filed an 138 Final Rule (Federal Register
condition. NHTSA’S Decision: In appropriate report dated April 1, 2014, Volume 70, Number 67 (April 8, 2005))
consideration of the foregoing, NHTSA pursuant to 49 CFR part 573, Defect and NHTSA indicated that the intent of a
finds that GM has met its burden of Noncompliance Responsibility and TPMS warning telltale is to notify the
persuasion that the FMVSS No. 102 Reports. Chrysler then petitioned operator of safety consequences that do
noncompliance in the affected vehicles NHTSA under 49 CFR part 556 not constitute an emergency requiring
is inconsequential to motor vehicle requesting a decision that the subject immediate service. While the affected
safety. Accordingly, GM’s petition is noncompliance is inconsequential to vehicles may display an orange TPMS
hereby granted and GM is consequently motor vehicle safety. telltale, Chrysler’s position is the
exempted from the obligation of ADDRESSES: For further information on operator notification conveys the
providing notification of, and a free this decision contact John Finneran, appropriate message to the operator
remedy for, that noncompliance under Office of Vehicle Safety Compliance, when there is either significant tire
49 U.S.C. 30118 and 30120. National Highway Traffic Safety under-inflation or a TPMS malfunction.
NHTSA notes that the statutory Administration (NHTSA), telephone Chrysler’s reasoning in support of the
provisions (49 U.S.C. 30118(d) and (202) 366–5289, facsimile (202) 366– position is as follows:
30120(h)) that permit manufacturers to 5930. • For the subject vehicles, if the
file petitions for a determination of SUPPLEMENTARY INFORMATION:
TPMS telltale is illuminated and the
inconsequentiality allow NHTSA to operator does not understand its
exempt manufacturers only from the I. Chrysler’s Petition meaning, the TPMS telltale graphic is
duties found in sections 30118 and shown and described in the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Pursuant to 49 U.S.C. 30118(d) and
30120, respectively, to notify owners, 30120(h) and the rule implementing Introduction, Instrument Cluster
purchasers, and dealers of a defect or those provisions at 49 CFR part 556), Descriptions, and Starting and
noncompliance and to remedy the Chrysler has petitioned for an Operating sections of the vehicle
defect or noncompliance. Therefore, this exemption from the notification and owner’s manual. An operator can easily
decision only applies to the subject remedy requirements of 49 U.S.C. refer to the owner’s manual and
noncompliant vehicles that GM no determine the TPMS telltale relates to
longer controlled at the time it 1 Chrysler is a wholly owned subsidiary of the significant tire under-inflation or a
determined that the noncompliance automaker Fiat S.p.A. TPMS malfunction. The owner’s manual
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Document Created: 2016-03-30 09:28:44
Document Modified: 2016-03-30 09:28:44
| 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 17761 |
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