81_FR_6954 81 FR 6928 - General Motors LLC, Grant of Petition for Decision of Inconsequential Noncompliance

81 FR 6928 - General Motors LLC, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 26 (February 9, 2016)

Page Range6928-6930
FR Document2016-02415

General Motors LLC, (GM) has determined that certain model year 2014 Chevrolet Silverado and GMC Sierra trucks manufactured between January 29, 2013, and October 28, 2013, do not fully comply with paragraph S5.3.1(e) of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays, and paragraph S3.1.4.1 of FMVSS No. 102, Transmission Shift Position Sequence, Starter Interlock, and Transmission Braking Effect. GM filed a report dated October 31, 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.

Federal Register, Volume 81 Issue 26 (Tuesday, February 9, 2016)
[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Notices]
[Pages 6928-6930]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02415]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0134; 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 2014

[[Page 6929]]

Chevrolet Silverado and GMC Sierra trucks manufactured between January 
29, 2013, and October 28, 2013, do not fully comply with paragraph 
S5.3.1(e) of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, 
Controls and Displays, and paragraph S3.1.4.1 of FMVSS No. 102, 
Transmission Shift Position Sequence, Starter Interlock, and 
Transmission Braking Effect. GM filed a report dated October 31, 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, the 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 has 
petitioned 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 the petition was published, with a 30-day 
public comment period, on February 24, 2014, in the Federal Register 
(79 FR 10226). Four individuals and the Advocates for Highway and Auto 
Safety (Advocates) provided comments to the receipt notice. To view the 
petition, the comments, 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-2013-0134.''
    II. Vehicles Involved: Affected are approximately 200,921 model 
year 2014 Chevrolet Silverado and GMC Sierra trucks manufactured 
between January 29, 2013, and October 28, 2013.
    III. Noncompliance: GM explains that the noncompliance is that 
under certain circumstances when an owner uses the steering wheel 
controls to browse and select songs to play from an external device 
(i.e., MP3 player) that is plugged into one of the vehicle's USB ports, 
the instrument cluster may reset. When the instrument cluster resets 
the analog gauges and identifications, the PRNDM [shift position] 
indicator, and the cruise control telltale, if illuminated, will 
briefly extinguish. In addition, some of the instrument cluster 
telltales may also illuminate briefly during a bulb check without the 
condition the telltale is designed to indicate being present.
    IV. Rule Text: Paragraph S5.3.1 of FMVSS No. 101 states 
specifically:

    S5.3.1 Timing of illumination
    . . .
    (e) A telltale must not emit light except when identifying the 
malfunction or vehicle condition it is designed to indicate, or 
during a bulb check.

    Paragraph S3.1.4. of FMVSS No. 102 states specifically:

    S3.1.4 Identification of shift positions and of shift position 
sequence.
    S3.1.4.1 Except 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. . . .

    V. Summary of GM's Analyses: GM states that the subject 
noncompliance is unlikely to occur in that all of the following 
conditions have to exist: The driver must operate a media device 
inserted into one of the vehicle's USB ports in a very specific way; 
the redundant steering wheel controls must be used to select a song; 
the driver must then search for a particular song by depressing the 
left arrow on the right spoke of the steering wheel, then select 
``audio'' using the steering wheel controls, then select ``browse'' 
using the steering wheel controls, then scroll to a particular song 
using the steering wheel control, then select a song to play. If the 
driver selects ``browse'' using the steering wheel controls to select a 
second song, the subject condition may occur, but only if the total 
information in titles of the buffered songs exceeds 2000 bytes.
    GM believes that the condition is short-lived as disruption of the 
PRNDM is said to persist for one and one half seconds, and the telltale 
bulb check is said to persist for approximately five seconds. GM cited 
a 1979 interpretation to Ford in which NHTSA acknowledged that a short-
lived inability to view telltales does not necessarily warrant 
manufacturers correcting the condition.\1\ NHTSA is quoted as stating, 
``This means that the tell-tales and their identification need not be 
visible to the driver when the tell-tales are struck by direct 
sunlight. Since conditions such as these are typically short-lived, the 
NHTSA does not believe that the length of time the driver may be unable 
to view the tell-tales is significant enough to warrant requiring the 
manufacturer to prevent their occurrence.''
---------------------------------------------------------------------------

    \1\ A copy of this letter is attached to GM's petition and is 
available in the docket at www.regulations.gov, Docket No. NHTSA-
2013-0134-0001.
---------------------------------------------------------------------------

    GM states that the noncompliance that is the subject of the 
petition has little effect on the normal operation of the vehicle. GM 
states that when the operation of the instrument panel is briefly 
affected by the noncompliance, none of the other vehicle operations are 
affected; any underlying messages remain in place and will continue to 
be displayed after the instrument panel resets; other operations, like 
cruise control, are unaffected by the noncompliance (only the displays 
on the instrument panel are briefly affected by the condition); and if 
the noncompliance were to occur, it is unlikely the brief disruption of 
the PRNDM will affect the driver.
    Lastly, GM states that NHTSA has previously granted petitions for a 
determination of inconsequential noncompliance, finding no risk to 
motor vehicle safety, where the sequence of events causing the 
noncompliant condition is exceptionally rare. GM states that these 
granted petitions allow specific telltales to extinguish for a limited 
period of time while the vehicle is being operated.
    In summation, GM believes that the described noncompliance of the 
subject vehicles is inconsequential to motor vehicle safety, and that 
its petition, to be exempt from providing recall notification of the 
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: NHTSA has reviewed GM's justification for an 
inconsequential noncompliance determination and agrees that the 
specific noncompliance addressed is inconsequential to motor vehicle 
safety.
    GM states its belief that the subject condition is unlikely to 
occur due to the series of events that must take place before the 
instrument cluster resets. GM explains that the driver must operate a 
USB media device by using the steering wheel controls to search for a 
song, select ``audio'', select ``browse'', and select another song to 
play while the total information in titles of the buffered songs 
exceeds 2000 bytes for the condition to occur.
    GM states that the condition is short-lived with the disruption of 
the PRNDM illumination lasting approximately one and one half seconds 
and the telltale

[[Page 6930]]

bulb check lasting approximately five seconds. According to GM, the 
condition will have little effect on the normal operation of the 
vehicle as no underlying systems are affected by the failure.
    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 one and one half 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 
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.
    Five commenters (four individuals and the Advocates for Highway and 
Auto Safety) provided comments about GM's petition when NHTSA issued 
the notice of receipt in the Federal Register.
    One individual stated that ``there is no such potential product 
recall as `inconsequential' '' and that ``all product recalls must be 
effectively enforced against the vehicle manufacturer.'' We note that 
the Motor Vehicle Safety Act requires the Secretary of Transportation 
to provide the vehicle manufacturers an opportunity to submit 
information, views, and arguments showing that a noncompliance does not 
impact motor vehicle safety. NHTSA is then required to consider 
information and arguments submitted and make a determination whether 
the noncompliance is, or is not, inconsequential to motor vehicle 
safety. If NHTSA determines that the subject noncompliance has no 
consequence to motor vehicle safety, the manufacturer is exempted from 
notification and remedy requirements of 49 U.S.C. 30118 and 30120.
    The second individual commenter believes that GM should conduct a 
recall because the touch screen is not covered by the vehicle's 
warranty. The agency feels that this comment is not relevant because 
the steering wheel controls (rather than the touch screen on the center 
console) are the controls that must be used for the subject 
noncompliance to occur.
    The two remaining individuals that provided comments believe that 
anything causing a distraction to the occupants of a motor vehicle 
under operation should be recalled. One of the commenters expressed 
that using a USB music device would be distracting and the other 
believes that the cluster becoming inoperable, even for a second, is 
enough time to distract the driver and cause an accident.
    After reviewing the video provided by GM, the agency believes that 
a reset of the instrument panel would be corrected quickly within 
seconds, before the driver would be distracted, or realize what was 
happening.
    The Advocates for Highway and Auto Safety does not specifically 
support the granting or denial of GM's petition, but believes that the 
existence of such a malfunction raises serious questions regarding 
vehicle design which can lead to this kind of situation.
    Finally, GM stated that a Service Update Bulletin was issued to 
update the software of all IP clusters whenever any service to the 
affected vehicles is done at the dealership. The agency understands 
that GM's action to update the IP cluster software on these vehicles as 
they are brought in for regular service should reduce considerably the 
number of affected vehicles.
    NHTSA'S Decision: In consideration of the foregoing, NHTSA has 
decided that GM has met its burden of persuasion that the FMVSS No. 101 
and FMVSS No. 102 noncompliance in the affected vehicles is 
inconsequential to motor vehicle safety. Accordingly, GM's petition is 
hereby granted and GM is not obligated to provide 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 authority at 
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-02415 Filed 2-8-16; 8:45 am]
BILLING CODE 4910-59-P



                                                  6928                         Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices

                                                  systems would help eliminate this                       battery powered lamps on projecting                   power supply requirements of 49 CFR
                                                  hazard, and provide a safer working                     loads via the August 2005 final rule, the             393.23 during temporary towing
                                                  environment.                                            Agency has directly acknowledged the                  operations, provided the requirements
                                                     Seven commenters identified                          viability of lighting systems powered by              of 49 CFR 393.17(b)(2) are met. The
                                                  themselves as owners of small towing                    sources other than the vehicle’s                      exemption will be valid for two years
                                                  companies that use rechargeable                         electrical system in limited applications             unless rescinded earlier by FMCSA. The
                                                  wireless temporary stop, turn, and tail                 where the lamps required by the                       exemption will be rescinded if: (1)
                                                  lighting systems when conducting                        regulations are temporary in nature due               Motor carriers and/or commercial motor
                                                  temporary emergency tows. These                         to the specific vehicle operation.                    vehicles fail to comply with the terms
                                                  commenters echoed the comments                             Section 393.17 of the FMCSRs                       and conditions of the exemption; (2) the
                                                  above, noting that use of the wireless                  prescribes the lighting requirements for              exemption has resulted in a lower level
                                                  systems allows operators to clear                       vehicles engaged in driveaway-towaway                 of safety than was maintained before it
                                                  accident scenes from roadways faster                    operations. A vehicle combination                     was granted; or (3) continuation of the
                                                  and thereby increases tow operator                      consisting of a tow vehicle pulling a                 exemption would not be consistent with
                                                  safety.                                                 wrecked or disabled vehicle is                        the goals and objectives of 49 U.S.C.
                                                     Four additional commenters                           considered a driveaway-towaway                        31136(e) and 31315(b).
                                                  supported TowMate’s application,                        operation, and the combination needs to                  Interested parties possessing
                                                  noting the same benefits as the other                   be equipped with the lighting devices                 information that would demonstrate
                                                  commenters.                                             specified in section 393.17. Specifically             that motor carriers using rechargeable
                                                  Discussion                                              with respect to the rear of the rearmost              wireless temporary stop, turn, and tail
                                                                                                          towed vehicle in such a combination,                  lighting systems during temporary
                                                     Prior to August 2005, section 393.23                 section 393.17(b)(2) requires at least two            towing operations are not achieving the
                                                  of the FMCSRs was titled ‘‘Lighting                     tail lamps, two stop lamps, two turn                  requisite statutory level of safety should
                                                  devices to be electric,’’ and stated                    signals, two clearance lamps, and two                 immediately notify FMCSA. The
                                                  ‘‘Lighting devices shall be electric,                   reflectors, one of each type at each side.            Agency will evaluate any such
                                                  except that red liquid-burning lanterns                 In addition, if any vehicle in the                    information and, if safety is being
                                                  may be used on the end of loads in the                  combination is 80 inches or more in                   compromised or if the continuation of
                                                  nature of poles, pipes, and ladders                     overall width, there must be three                    the exemption is not consistent with 49
                                                  projecting to the rear of the motor                     identification lamps on the rear. Similar             U.S.C. 31136(e) and 31315(b), will take
                                                  vehicle.’’ In a final rule published on                 to the temporary lamps required on the                immediate steps to revoke the
                                                  August 15, 2005, FMCSA amended                          rear of projecting loads, the required                exemption.
                                                  section 393.23 of the FMCSRs to                         lamps on the rear of a wrecked or
                                                  incorporate terminology which is more                   disabled vehicle being transported to a               Preemption
                                                  consistent with current industry                        motor carrier’s terminal or facility for                In accordance with 49 U.S.C.
                                                  standards and practices (70 FR 48008).                  repairs are temporary in nature.                      31313(d), as implemented by 49 CFR
                                                  Specifically, the title of section 393.23                                                                     381.600, during the period this
                                                  was revised to read ‘‘Power supply for                  FMCSA Decision                                        exemption is in effect, no State shall
                                                  lamps,’’ the reference to red liquid-                      FMCSA has evaluated the comments                   enforce any law or regulation applicable
                                                  burning lanterns was removed as                         received in support of TowMate’s                      to interstate commerce that conflicts
                                                  obsolete, and—as it relates to the subject              application. The Agency agrees that                   with or is inconsistent with this
                                                  exemption application—the rule was                      permitting the use of rechargeable                    exemption with respect to a firm or
                                                  amended to permit the use of battery                    wireless temporary stop, turn, and tail               person operating under the exemption.
                                                  powered lamps on projecting loads.                      lighting systems during temporary                     States may, but are not required to,
                                                  With respect to the use of battery                      towing operations will reduce the time                adopt the same exemption with respect
                                                  powered lamps, the August 2005 rule                     tow operators spend at the side of the                to operations in intrastate commerce.
                                                  states ‘‘With the exception of temporary                road connecting wired lighting systems                  Issued on: January 29, 2016.
                                                  lamps used on projecting loads, lamps                   between vehicles, thereby reducing their
                                                                                                                                                                T.F. Scott Darling, III,
                                                  are required to be powered through the                  risk of injury and increasing safety. The
                                                  electrical system of the commercial                                                                           Acting Administrator.
                                                                                                          Agency believes that use of the
                                                  motor vehicle.’’ [Emphasis added].                                                                            [FR Doc. 2016–02511 Filed 2–8–16; 8:45 am]
                                                                                                          rechargeable wireless lighting systems
                                                     Motor vehicles transporting loads                    will maintain a level of safety that is               BILLING CODE 4910–EX–P
                                                  which extend more than 4 feet beyond                    equivalent to, or greater than, the level
                                                  the rear of the motor vehicle, or which                 of safety achieved without the
                                                  have tailboards or tailgates extending                                                                        DEPARTMENT OF TRANSPORTATION
                                                                                                          exemption. This decision is consistent
                                                  more than 4 feet beyond the body, are                   with the amendment made in the                        National Highway Traffic Safety
                                                  required to mark those projections when                 August 2005 final rule to allow battery               Administration
                                                  the vehicle is operated during the hours                powered lamps on the rear of projecting
                                                  when headlamps are required.                            loads.                                                [Docket No. NHTSA–2013–0134; Notice 2]
                                                  Specifically, each side of the projecting
                                                  load is required to be marked with one                  Terms and Conditions for the                          General Motors LLC, Grant of Petition
                                                  red side marker lamp, visible from the                  Exemption                                             for Decision of Inconsequential
                                                                                                                                                                Noncompliance
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  side, located to indicate the maximum                      The Agency hereby grants the
                                                  overhang, and the rear of the projecting                exemption for a two-year period,                      AGENCY: National Highway Traffic
                                                  load is required to be marked with two                  beginning February 9, 2016 and ending                 Safety Administration (NHTSA),
                                                  red lamps, visible from the rear, one at                February 9, 2018. During the temporary                Department of Transportation (DOT).
                                                  each side, and two red reflectors visible               exemption period, motor carriers will be              ACTION: Grant of petition.
                                                  from the rear, one at each side, located                allowed to use rechargeable wireless
                                                  so as to indicate the maximum width of                  temporary stop, turn, and tail lighting               SUMMARY: General Motors LLC, (GM) has
                                                  the projection. By expressly permitting                 systems that do not meet the lighting                 determined that certain model year 2014


                                             VerDate Sep<11>2014   17:54 Feb 08, 2016   Jkt 238001   PO 00000   Frm 00101   Fmt 4703   Sfmt 4703   E:\FR\FM\09FEN1.SGM   09FEN1


                                                                               Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices                                                 6929

                                                  Chevrolet Silverado and GMC Sierra                      the instrument cluster telltales may also                these are typically short-lived, the
                                                  trucks manufactured between January                     illuminate briefly during a bulb check                   NHTSA does not believe that the length
                                                  29, 2013, and October 28, 2013, do not                  without the condition the telltale is                    of time the driver may be unable to view
                                                  fully comply with paragraph S5.3.1(e) of                designed to indicate being present.                      the tell-tales is significant enough to
                                                  Federal Motor Vehicle Safety Standard                      IV. Rule Text: Paragraph S5.3.1 of                    warrant requiring the manufacturer to
                                                  (FMVSS) No. 101, Controls and                           FMVSS No. 101 states specifically:                       prevent their occurrence.’’
                                                  Displays, and paragraph S3.1.4.1 of                       S5.3.1 Timing of illumination                             GM states that the noncompliance
                                                  FMVSS No. 102, Transmission Shift                         . . .                                                  that is the subject of the petition has
                                                  Position Sequence, Starter Interlock,                     (e) A telltale must not emit light except              little effect on the normal operation of
                                                  and Transmission Braking Effect. GM                     when identifying the malfunction or vehicle              the vehicle. GM states that when the
                                                  filed a report dated October 31, 2013,                  condition it is designed to indicate, or during          operation of the instrument panel is
                                                                                                          a bulb check.                                            briefly affected by the noncompliance,
                                                  pursuant to 49 CFR part 573, Defect and
                                                  Noncompliance Responsibility and                          Paragraph S3.1.4. of FMVSS No. 102                     none of the other vehicle operations are
                                                  Reports. GM then petitioned NHTSA in                    states specifically:                                     affected; any underlying messages
                                                  accordance with 49 CFR part 556                            S3.1.4 Identification of shift positions              remain in place and will continue to be
                                                  requesting a decision that the subject                  and of shift position sequence.                          displayed after the instrument panel
                                                  noncompliance is inconsequential to                        S3.1.4.1 Except as specified in S3.1.4.3,             resets; other operations, like cruise
                                                  motor vehicle safety.                                   if the transmission shift position sequence              control, are unaffected by the
                                                                                                          includes a park position, identification of              noncompliance (only the displays on
                                                  ADDRESSES: For further information on
                                                                                                          shift positions, including the positions in              the instrument panel are briefly affected
                                                  this decision contact Amina Fisher,                     relation to each other and the position
                                                  Office of Vehicle Safety Compliance, the                                                                         by the condition); and if the
                                                                                                          selected, shall be displayed in view of the
                                                  National Highway Traffic Safety                                                                                  noncompliance were to occur, it is
                                                                                                          driver whenever any of the following
                                                  Administration (NHTSA), telephone                       conditions exist:                                        unlikely the brief disruption of the
                                                  (202) 366–5307, facsimile (202) 366–                       (a) The ignition is in a position where the           PRNDM will affect the driver.
                                                                                                          transmission can be shifted; or                             Lastly, GM states that NHTSA has
                                                  5930.
                                                                                                             (b) The transmission is not in park. . . .            previously granted petitions for a
                                                  SUPPLEMENTARY INFORMATION:                                                                                       determination of inconsequential
                                                     I. GM’s Petition: Pursuant to 49 U.S.C.                 V. Summary of GM’s Analyses: GM
                                                                                                          states that the subject noncompliance is                 noncompliance, finding no risk to motor
                                                  30118(d) and 30120(h) and the rule                                                                               vehicle safety, where the sequence of
                                                  implementing those provisions at 49                     unlikely to occur in that all of the
                                                                                                          following conditions have to exist: The                  events causing the noncompliant
                                                  CFR part 556, GM has petitioned for an                                                                           condition is exceptionally rare. GM
                                                  exemption from the notification and                     driver must operate a media device
                                                                                                          inserted into one of the vehicle’s USB                   states that these granted petitions allow
                                                  remedy requirements of 49 U.S.C.                                                                                 specific telltales to extinguish for a
                                                  Chapter 301 on the basis that this                      ports in a very specific way; the
                                                                                                          redundant steering wheel controls must                   limited period of time while the vehicle
                                                  noncompliance is inconsequential to                                                                              is being operated.
                                                  motor vehicle safety.                                   be used to select a song; the driver must
                                                                                                          then search for a particular song by                        In summation, GM believes that the
                                                     Notice of receipt of the petition was                                                                         described noncompliance of the subject
                                                  published, with a 30-day public                         depressing the left arrow on the right
                                                                                                          spoke of the steering wheel, then select                 vehicles is inconsequential to motor
                                                  comment period, on February 24, 2014,                                                                            vehicle safety, and that its petition, to be
                                                  in the Federal Register (79 FR 10226).                  ‘‘audio’’ using the steering wheel
                                                                                                          controls, then select ‘‘browse’’ using the               exempt from providing recall
                                                  Four individuals and the Advocates for                                                                           notification of the noncompliance as
                                                  Highway and Auto Safety (Advocates)                     steering wheel controls, then scroll to a
                                                                                                          particular song using the steering wheel                 required by 49 U.S.C. 30118 and
                                                  provided comments to the receipt                                                                                 remedying the recall noncompliance as
                                                  notice. To view the petition, the                       control, then select a song to play. If the
                                                                                                          driver selects ‘‘browse’’ using the                      required by 49 U.S.C. 30120, should be
                                                  comments, and all supporting                                                                                     granted.
                                                  documents, log onto the Federal Docket                  steering wheel controls to select a
                                                  Management System (FDMS) Web site                       second song, the subject condition may                   NHTSA’s Decision
                                                  at: http://www.regulations.gov/. Then,                  occur, but only if the total information                    NHTSA’S Analysis: NHTSA has
                                                  follow the online search instructions to                in titles of the buffered songs exceeds                  reviewed GM’s justification for an
                                                  locate docket number ‘‘NHTSA–2013–                      2000 bytes.                                              inconsequential noncompliance
                                                                                                             GM believes that the condition is
                                                  0134.’’                                                                                                          determination and agrees that the
                                                     II. Vehicles Involved: Affected are                  short-lived as disruption of the PRNDM
                                                                                                                                                                   specific noncompliance addressed is
                                                  approximately 200,921 model year 2014                   is said to persist for one and one half
                                                                                                                                                                   inconsequential to motor vehicle safety.
                                                  Chevrolet Silverado and GMC Sierra                      seconds, and the telltale bulb check is                     GM states its belief that the subject
                                                  trucks manufactured between January                     said to persist for approximately five                   condition is unlikely to occur due to the
                                                  29, 2013, and October 28, 2013.                         seconds. GM cited a 1979 interpretation                  series of events that must take place
                                                     III. Noncompliance: GM explains that                 to Ford in which NHTSA acknowledged                      before the instrument cluster resets. GM
                                                  the noncompliance is that under certain                 that a short-lived inability to view                     explains that the driver must operate a
                                                  circumstances when an owner uses the                    telltales does not necessarily warrant                   USB media device by using the steering
                                                  steering wheel controls to browse and                   manufacturers correcting the condition.1                 wheel controls to search for a song,
                                                  select songs to play from an external                   NHTSA is quoted as stating, ‘‘This                       select ‘‘audio’’, select ‘‘browse’’, and
                                                                                                          means that the tell-tales and their
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  device (i.e., MP3 player) that is plugged                                                                        select another song to play while the
                                                  into one of the vehicle’s USB ports, the                identification need not be visible to the                total information in titles of the buffered
                                                  instrument cluster may reset. When the                  driver when the tell-tales are struck by                 songs exceeds 2000 bytes for the
                                                  instrument cluster resets the analog                    direct sunlight. Since conditions such as                condition to occur.
                                                  gauges and identifications, the PRNDM                     1 A copy of this letter is attached to GM’s petition
                                                                                                                                                                      GM states that the condition is short-
                                                  [shift position] indicator, and the cruise              and is available in the docket at
                                                                                                                                                                   lived with the disruption of the PRNDM
                                                  control telltale, if illuminated, will                  www.regulations.gov, Docket No. NHTSA–2013–              illumination lasting approximately one
                                                  briefly extinguish. In addition, some of                0134–0001.                                               and one half seconds and the telltale


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                                                  6930                         Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices

                                                  bulb check lasting approximately five                   ‘inconsequential’ ’’ and that ‘‘all product           affected vehicles is inconsequential to
                                                  seconds. According to GM, the                           recalls must be effectively enforced                  motor vehicle safety. Accordingly, GM’s
                                                  condition will have little effect on the                against the vehicle manufacturer.’’ We                petition is hereby granted and GM is not
                                                  normal operation of the vehicle as no                   note that the Motor Vehicle Safety Act                obligated to provide notification of, and
                                                  underlying systems are affected by the                  requires the Secretary of Transportation              a free remedy for, that noncompliance
                                                  failure.                                                to provide the vehicle manufacturers an               under 49 U.S.C. 30118 and 30120.
                                                     After receipt of GM’s petition, NHTSA                opportunity to submit information,                       NHTSA notes that the statutory
                                                  requested more information regarding                    views, and arguments showing that a                   provisions (49 U.S.C. 30118(d) and
                                                  the subject noncompliance. GM                           noncompliance does not impact motor                   30120(h)) that permit manufacturers to
                                                  submitted videos showing that when the                  vehicle safety. NHTSA is then required                file petitions for a determination of
                                                  condition occurs any existing warning                   to consider information and arguments                 inconsequentiality allow NHTSA to
                                                  lights extinguish, the indicators (gauges)              submitted and make a determination                    exempt manufacturers only from the
                                                  drop to zero, and operation of the entire               whether the noncompliance is, or is not,              duties found in sections 30118 and
                                                  instrument panel is interrupted.                        inconsequential to motor vehicle safety.              30120, respectively, to notify owners,
                                                  Specifically, any illuminated telltales                 If NHTSA determines that the subject                  purchasers, and dealers of a defect or
                                                  extinguish for approximately one and                    noncompliance has no consequence to                   noncompliance and to remedy the
                                                  one half seconds before a bulb check                    motor vehicle safety, the manufacturer                defect or noncompliance. Therefore, this
                                                  that lasts approximately five seconds is                is exempted from notification and                     decision only applies to the subject
                                                  initiated. At the conclusion of the bulb                remedy requirements of 49 U.S.C. 30118                noncompliant vehicles that GM no
                                                  check, any previously illuminated                       and 30120.                                            longer controlled at the time it
                                                  telltales will illuminate and remain                       The second individual commenter                    determined that the noncompliance
                                                  illuminated.                                            believes that GM should conduct a                     existed. However, the granting of this
                                                     NHTSA agrees with GM that if the                     recall because the touch screen is not                petition does not relieve vehicle
                                                  instrument panel reset were to happen                   covered by the vehicle’s warranty. The                distributors and dealers of the
                                                  it would only be a momentary                            agency feels that this comment is not                 prohibitions on the sale, offer for sale,
                                                  condition, the instrument panel telltales               relevant because the steering wheel                   or introduction or delivery for
                                                  and indicators would extinguish and                     controls (rather than the touch screen on             introduction into interstate commerce of
                                                  return to normal very quickly, with                     the center console) are the controls that             the noncompliant vehicles under their
                                                  little, if any, impact to the driver.                   must be used for the subject                          control after GM notified them that the
                                                     GM mentioned two previous petitions                  noncompliance to occur.                               subject noncompliance existed.
                                                  that the agency granted due to the loss                    The two remaining individuals that
                                                  or failure of telltale indications. In the              provided comments believe that                          Authority: 49 U.S.C. 30118, 30120:
                                                  first petition, General Motors Corp.;                   anything causing a distraction to the                 Delegations of authority at 49 CFR 1.95 and
                                                  Grant of Petition for Determination of                  occupants of a motor vehicle under                    501.8.
                                                  Inconsequential Noncompliance, 56 FR                    operation should be recalled. One of the              Jeffrey M. Giuseppe,
                                                  33323 (July 19, 1991), the                              commenters expressed that using a USB                 Director, Office of Vehicle Safety Compliance.
                                                  noncompliance would only manifest                       music device would be distracting and                 [FR Doc. 2016–02415 Filed 2–8–16; 8:45 am]
                                                  itself when the headlight high beams                    the other believes that the cluster                   BILLING CODE 4910–59–P
                                                  were turned on and the cigar lighter was                becoming inoperable, even for a second,
                                                  activated. In this situation the required               is enough time to distract the driver and
                                                  high beam telltale could dim or                         cause an accident.                                    DEPARTMENT OF TRANSPORTATION
                                                  extinguish altogether for a short period                   After reviewing the video provided by
                                                  of time while the cigar lighter was being               GM, the agency believes that a reset of               National Highway Traffic Safety
                                                  powered. The petition was granted                       the instrument panel would be                         Administration
                                                  because the agency determined there                     corrected quickly within seconds, before
                                                  was no consequence to motor vehicle                     the driver would be distracted, or                    [Docket No. NHTSA–2014–0035; Notice 2]
                                                  safety attached to the extinguishment of                realize what was happening.
                                                  the high beam telltale.                                    The Advocates for Highway and Auto                 McLaren Automotive, Inc. (McLaren),
                                                     In the second petition, submitted by                 Safety does not specifically support the              Grant of Petition for Decision of
                                                  Nissan, Nissan North America,                           granting or denial of GM’s petition, but              Inconsequential Noncompliance
                                                  Incorporated, Grant of Petition for                     believes that the existence of such a
                                                  Decision of Inconsequential                             malfunction raises serious questions                  AGENCY: National Highway Traffic
                                                  Noncompliance, 78 FR 59090, (Sept. 25,                  regarding vehicle design which can lead               Safety Administration (NHTSA),
                                                  2013), under rare circumstances the                     to this kind of situation.                            Department of Transportation (DOT).
                                                  transmission gear selected was not                         Finally, GM stated that a Service                  ACTION: Grant of petition.
                                                  always displayed correctly as required.                 Update Bulletin was issued to update
                                                  The petition was granted because it was                 the software of all IP clusters whenever              SUMMARY:   McLaren has determined that
                                                  only possible for the gear indication to                any service to the affected vehicles is               certain model year (MY) 2012–2015
                                                  extinguish when the engine was                          done at the dealership. The agency                    MP4 12–C Spider and Coupe passenger
                                                  inactive and the vehicle was inoperable.                understands that GM’s action to update                cars do not fully comply with paragraph
                                                  Upon reactivating the engine the gear                   the IP cluster software on these vehicles             S4.4(c)(2), of Federal Motor Vehicle
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  indicator displayed the correct gear.                   as they are brought in for regular service            Safety Standard (FMVSS) No. 138, Tire
                                                     Five commenters (four individuals                    should reduce considerably the number                 Pressure Monitoring Systems. McLaren
                                                  and the Advocates for Highway and                       of affected vehicles.                                 filed a report dated February 18, 2014,
                                                  Auto Safety) provided comments about                       NHTSA’S Decision: In consideration                 pursuant to 49 CFR part 573, Defect and
                                                  GM’s petition when NHTSA issued the                     of the foregoing, NHTSA has decided                   Noncompliance Responsibility and
                                                  notice of receipt in the Federal Register.              that GM has met its burden of                         Reports. McLaren then petitioned
                                                     One individual stated that ‘‘there is                persuasion that the FMVSS No. 101 and                 NHTSA under 49 CFR part 556
                                                  no such potential product recall as                     FMVSS No. 102 noncompliance in the                    requesting a decision that the subject


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Document Created: 2018-02-02 14:30:03
Document Modified: 2018-02-02 14:30:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGrant of petition.
FR Citation81 FR 6928 

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