81 FR 67057 - General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 189 (September 29, 2016)

Page Range		67057-67058
FR Document		2016-23560

General Motors, LLC (GM), has determined that certain model year (MY) 2016-2017 Cadillac CTS, CT6, XTS and Escalade motor vehicles do not fully comply with paragraph S5.5.5(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 135, Light Vehicle Brake Systems. GM filed a report dated August 17, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. GM then petitioned NHTSA under 49 CFR part 556 for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 81 Issue 189 (Thursday, September 29, 2016)

[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 67057-67058]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-23560]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0093; 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) 2016-2017 Cadillac CTS, CT6, XTS and Escalade motor vehicles
do not fully comply with paragraph S5.5.5(a) of Federal Motor Vehicle
Safety Standard (FMVSS) No. 135, Light Vehicle Brake Systems. GM filed
a report dated August 17, 2016, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. GM then petitioned NHTSA
under 49 CFR part 556 for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is October 31,
2016.

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 in the title of this notice and be
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 https://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 comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
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. 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
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All documents submitted to the docket may be viewed by anyone at
the address and times given above. The documents may also be viewed on
the Internet at https://www.regulations.gov by following the online
instructions for accessing the dockets. The docket ID number for this
petition is shown in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and their
implementing regulations 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 as it relates 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 46,205 of the following MY
2016-2017 Cadillac motor vehicles manufactured between March 10, 2015,
and June 13, 2016:

Cadillac CT6
Cadillac CTS
Cadillac Escalade
Cadillac Escalade ESV
Cadillac XTS

III. Noncompliance: GM explains that the noncompliance is that when
the parking brake is applied on the subject vehicles the telltale light
that illuminates within the cluster does not meet the lettering height
requirements as specified in paragraph S5.5.5(a) of FMVSS No. 135 and
also referenced in table 1; column 1, of FMVSS No. 101. Specifically,
the lettering height for the telltale on the subject vehicles is 2.44
mm when it should be a minimum height of 3.2 mm.
IV. Rule Text: Paragraph S5.5.5(a) of FMVSS No. 135 states, in
pertinent part:

S5.5.5 Labeling. (a) Each visual indicator shall display a word
or words in accordance with the requirements of Standard No. 101 (49
CFR 571.101) and this section, which shall be legible to the driver
under all daytime and nighttime conditions when activated. Unless
otherwise specified, the words shall have letters not less than 3.2
mm (\1/8\ inch) high and the letters and background shall be of
contrasting colors, one of which is red . . .

V. Summary of GM's Petition: GM described the subject noncompliance
and stated its belief that the noncompliance is inconsequential as it
relates to motor vehicle safety.
In support of its petition, GM submitted the following reasoning:
(a) The park brake applied telltale (identified by the word
``PARK'') is red in color contrasted against a black screen, as
required by S5.5.5(a) and (d)(4), conspicuously located and readily
visible at the top left-of-center position of the instrument panel
cluster. Additionally, the four letters of the word ``PARK'' are all
capitalized such

[[Page 67058]]

that the 2.44 mm height is preserved across the width of the word.
(b) In addition to the park brake applied telltale required by
FMVSS No. 135, all of the affected vehicles also have a driver
information center (DIC) message ``Park Brake Set'' that illuminates
when the parking brake is applied. The lettering height of this DIC
message is 3.24 mm, greater than the 3.2 mm minimum specified for
visual indicators in FMVSS No. 135. The DIC message is also
substantially wider than the typical width of the telltale required by
the standard. The redundant telltale and the DIC message, assure ample
communication to the driver that the parking brake is applied.
(c) The operation and performance of the park brake itself is
unaffected by this telltale condition. The park brake complies with all
applicable requirements of FMVSS No. 135.
(d) The NHTSA has previously granted inconsequential treatment for
labeling issues across various motor vehicle safety standards,
including for discrepancies involving lettering height, missing
information, incorrect information, and misplaced or obscured
information. For example, two comparable petitions for inconsequential
treatment involving brake telltale lettering height were granted to Kia
and Hyundai (reference Docket numbers ``NHTSA-2004-17439'', Notice 2
and ``NHTSA-2004-17439'' (sic), Notice 2, published in the Federal
Register on July 8, 2004, and July 9, 2004, respectively). The Kia
petition cited multiple previous petitions for inconsequential
treatment for brake telltale noncompliance granted by NHTSA, and we ask
to incorporate them here by reference.
(e) After searching VOQ, TREAD and internal GM databases, GM is not
aware of any crashes, injuries, or customer complaints associated with
this condition.
(f) GM has corrected this condition in production. All vehicles
produced after June 13, 2016, comply with the telltale lettering height
specified in FMVSS No. 135.
GM concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
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
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 M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-23560 Filed 9-28-16; 8:45 am]
BILLING CODE 4910-59-P

67058 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices

that the 2.44 mm height is preserved exempt manufacturers only from the Title: Publication 1345, Handbook for
across the width of the word. duties found in sections 30118 and Authorized IRS e-file Providers.
(b) In addition to the park brake 30120, respectively, to notify owners, OMB Number: 1545–1708.
applied telltale required by FMVSS No. purchasers, and dealers of a defect or Publication Number: 1345.
135, all of the affected vehicles also noncompliance and to remedy the Abstract: Publication 1345 informs
have a driver information center (DIC) defect or noncompliance. Therefore, any those who participate in the IRS e-file
message ‘‘Park Brake Set’’ that decision on this petition only applies to Program for Individual Income Tax
illuminates when the parking brake is the subject vehicles that GM no longer Returns of their obligations to the
applied. The lettering height of this DIC controlled at the time it determined that Internal Revenue Service, taxpayers,
message is 3.24 mm, greater than the 3.2 the noncompliance existed. However, and other participants.
mm minimum specified for visual any decision on this petition does not Current Actions: There are no changes
indicators in FMVSS No. 135. The DIC relieve vehicle distributors and dealers being made to the publication at this
message is also substantially wider than of the prohibitions on the sale, offer for time.
the typical width of the telltale required sale, or introduction or delivery for Type of Review: Extension of a
by the standard. The redundant telltale introduction into interstate commerce of currently approved collection.
and the DIC message, assure ample the noncompliant vehicles under their Affected Public: Business or other for-
communication to the driver that the control after GM notified them that the profit organizations.
parking brake is applied. Estimated Number of Respondents:
subject noncompliance existed.
(c) The operation and performance of 200,000.
Authority: (49 U.S.C. 30118, 30120: Estimated Number of Responses:
the park brake itself is unaffected by this delegations of authority at 49 CFR 1.95 and
telltale condition. The park brake 129,655,713.
501.8). Estimated Time per Response: 3
complies with all applicable
Jeffrey M. Giuseppe, minutes.
requirements of FMVSS No. 135. Estimated Total Annual Burden
(d) The NHTSA has previously Director, Office of Vehicle Safety Compliance.
Hours: 6,023,762.
granted inconsequential treatment for [FR Doc. 2016–23560 Filed 9–28–16; 8:45 am]
The following paragraph applies to all
labeling issues across various motor BILLING CODE 4910–59–P
of the collections of information covered
vehicle safety standards, including for by this notice:
discrepancies involving lettering height, An agency may not conduct or
missing information, incorrect DEPARTMENT OF THE TREASURY sponsor, and a person is not required to
information, and misplaced or obscured respond to, a collection of information
information. For example, two Internal Revenue Service unless the collection of information
comparable petitions for displays a valid OMB control number.
inconsequential treatment involving Proposed Collection; Comment
Request for Publication 1345 Books or records relating to a collection
brake telltale lettering height were of information must be retained as long
granted to Kia and Hyundai (reference AGENCY: Internal Revenue Service (IRS), as their contents may become material
Docket numbers ‘‘NHTSA–2004– Treasury. in the administration of any internal
17439’’, Notice 2 and ‘‘NHTSA–2004– ACTION: Notice and request for revenue law. Generally, tax returns and
17439’’ (sic), Notice 2, published in the comments. tax return information are confidential,
Federal Register on July 8, 2004, and as required by 26 U.S.C. 6103.
July 9, 2004, respectively). The Kia SUMMARY: The Department of the Request for Comments: Comments
petition cited multiple previous Treasury, as part of its continuing effort submitted in response to this notice will
petitions for inconsequential treatment to reduce paperwork and respondent be summarized and/or included in the
for brake telltale noncompliance granted burden, invites the general public and request for OMB approval. All
by NHTSA, and we ask to incorporate other Federal agencies to take this comments will become a matter of
them here by reference. opportunity to comment on proposed public record. Comments are invited on:
(e) After searching VOQ, TREAD and and/or continuing information (a) Whether the collection of
internal GM databases, GM is not aware collections, as required by the information is necessary for the proper
of any crashes, injuries, or customer Paperwork Reduction Act of 1995. performance of the functions of the
complaints associated with this Currently, the IRS is soliciting agency, including whether the
condition. comments concerning Publication 1345, information shall have practical utility;
(f) GM has corrected this condition in Handbook for Authorized IRS e-file (b) the accuracy of the agency’s estimate
production. All vehicles produced after Providers. of the burden of the collection of
June 13, 2016, comply with the telltale information; (c) ways to enhance the
DATES: Written comments should be
lettering height specified in FMVSS No. quality, utility, and clarity of the
received on or before November 28,
135. information to be collected; (d) ways to
GM concluded by expressing the 2016 to be assured of consideration.
ADDRESSES: Direct all written comments
minimize the burden of the collection of
belief that the subject noncompliance is information on respondents, including
inconsequential as it relates to motor to Tuawana Pinkston, Internal Revenue
Service, Room 6526, 1111 Constitution through the use of automated collection
vehicle safety, and that its petition to be techniques or other forms of information
exempted from providing notification of Avenue NW., Washington, DC 20224.
technology; and (e) estimates of capital
the noncompliance, as required by 49 FOR FURTHER INFORMATION CONTACT:
or start-up costs and costs of operation,
U.S.C. 30118, and a remedy for the Requests for additional information or
mstockstill on DSK3G9T082PROD with NOTICES

maintenance, and purchase of services
noncompliance, as required by 49 copies of the form and instructions
to provide information.
U.S.C. 30120, should be granted. should be directed to Kerry Dennis at
NHTSA notes that the statutory Internal Revenue Service, Room 6526, Approved: September 19, 2016.
provisions (49 U.S.C. 30118(d) and 1111 Constitution Avenue NW., Tuawana Pinkston,
30120(h)) that permit manufacturers to Washington, DC 20224, or through the IRS Reports Clearance Officer.
file petitions for a determination of Internet at Kerry.Dennis@irs.gov. [FR Doc. 2016–23596 Filed 9–28–16; 8:45 am]
inconsequentiality allow NHTSA to SUPPLEMENTARY INFORMATION: BILLING CODE 4830–01–P

VerDate Sep<11>2014 18:51 Sep 28, 2016 Jkt 238001 PO 00000 Frm 00140 Fmt 4703 Sfmt 9990 E:\FR\FM\29SEN1.SGM 29SEN1

Document Created: 2016-09-29 04:14:42
Document Modified: 2016-09-29 04:14:42

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 October 31, 2016.
FR Citation		81 FR 67057

81 FR 67057 - General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 81, Issue 189 (September 29, 2016)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration