81 FR 92963 - General Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 244 (December 20, 2016)

Page Range		92963-92964
FR Document		2016-30578

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 Federal Motor Vehicle Safety Standard (FMVSS) No. 135, Light Vehicle Brake Systems. GM filed a defect report dated August 17, 2016. GM then petitioned NHTSA on August 22, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 81 Issue 244 (Tuesday, December 20, 2016)

[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92963-92964]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30578]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0093; 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) 2016-2017 Cadillac CTS, CT6, XTS and Escalade motor vehicles 
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) 
No. 135, Light Vehicle Brake Systems. GM filed a defect report dated 
August 17, 2016. GM then petitioned NHTSA on August 22, 2016, for a 
decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety.

ADDRESSES: For further information on this decision contact Stu Seigel, 
Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5287, facsimile 
(202) 366-3081.

SUPPLEMENTARY INFORMATION: 

I. Overview

    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 defect report dated August 17, 2016, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports. GM then petitioned 
NHTSA on August 22, 2016, pursuant to 49 U.S.C. 30118(d) and 30120(h) 
and their implementing regulations at 49 CFR part 556, 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.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on September 29, 2016, in the Federal Register 
(81 FR 67057). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: https://www.regulations.gov/. Then follow the 
online search instructions to locate docket number ``NHTSA-2016-0093.''

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 indicator 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 indicator 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 92964]]

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'S Decision

    NHTSA's Analysis: NHTSA has reviewed GM's analysis that the subject 
noncompliance is inconsequential to motor vehicle safety. Specifically, 
the lettering height for the park brake applied indicator ``Park'' at 
2.44 mm versus the FMVSS No. 135 requirement of 3.2 mm poses little if 
any risk to motor vehicle safety. This decision is based on the 
following:
    1. The subject vehicles appear to meet all of the other parking 
brake indicator labeling requirements as specified in S5.5.5 of FMVSS 
No. 135. If a separate indicator is provided for application of the 
parking brake, the single word ``Park'' or the words ``Parking Brake'' 
may be used. GM has opted to comply with this section by use of the 
single word ``PARK'' and has capitalized all four letters of the word 
providing a more pronounced indicator. The indicator used is legible to 
the driver under all daytime and nighttime conditions when activated. 
The indicator is conspicuously located in the top left-of-center 
position on the instrument panel which is in front of and in clear view 
of the driver. The ``Park'' indicator is red in color when illuminated 
and has a black contrasting background. All of these required features 
help ensure that the indicator can be seen and recognized by the driver 
when illuminated.
    2. The affected vehicles are equipped with a driver information 
center which is located in the instrument cluster and adjacent to the 
speedometer, in direct view of the driver. When the parking brake is 
applied, the FMVSS No. 135 required ``PARK'' indicator is illuminated. 
Simultaneously, in addition to the ``PARK'' indicator, the information 
center provides a message that the parking brake is activated with the 
wording ``Park Brake Set.'' GM stated that the height of this message 
is 3.24 mm and is substantially wider than the typical width of the 
required indicators. Illumination of both the ``PARK'' indicator 
combined with the information center statement ``Park Brake Set'' 
provides ample communication to the driver that the parking brake has 
been applied.
    NHTSA'S Decision: In consideration of the foregoing, NHTSA decided 
that GM has met its burden of persuasion that the FMVSS No. 135 
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 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. 2016-30578 Filed 12-19-16; 8:45 am]
 BILLING CODE 4910-59-P

92964 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices

that the 2.44 mm height is preserved motor vehicle safety. Specifically, the inconsequentiality allow NHTSA to
across the width of the word. lettering height for the park brake exempt manufacturers only from the
(b) In addition to the park brake applied indicator ‘‘Park’’ at 2.44 mm duties found in sections 30118 and
applied telltale required by FMVSS No. versus the FMVSS No. 135 requirement 30120, respectively, to notify owners,
135, all of the affected vehicles also of 3.2 mm poses little if any risk to purchasers, and dealers of a defect or
have a driver information center (DIC) motor vehicle safety. This decision is noncompliance and to remedy the
message ‘‘Park Brake Set’’ that based on the following: defect or noncompliance. Therefore, this
illuminates when the parking brake is 1. The subject vehicles appear to meet decision only applies to the subject
applied. The lettering height of this DIC all of the other parking brake indicator vehicles that GM no longer controlled at
message is 3.24 mm, greater than the 3.2 labeling requirements as specified in the time it determined that the
mm minimum specified for visual S5.5.5 of FMVSS No. 135. If a separate noncompliance existed. However, the
indicators in FMVSS No. 135. The DIC indicator is provided for application of granting of this petition does not relieve
message is also substantially wider than the parking brake, the single word vehicle distributors and dealers of the
the typical width of the telltale required ‘‘Park’’ or the words ‘‘Parking Brake’’ prohibitions on the sale, offer for sale,
by the standard. The redundant telltale may be used. GM has opted to comply or introduction or delivery for
and the DIC message, assure ample with this section by use of the single introduction into interstate commerce of
communication to the driver that the word ‘‘PARK’’ and has capitalized all the noncompliant vehicles under their
parking brake is applied. four letters of the word providing a control after GM notified them that the
(c) The operation and performance of more pronounced indicator. The subject noncompliance existed.
the park brake itself is unaffected by this indicator used is legible to the driver
Authority (49 U.S.C. 30118, 30120:
telltale condition. The park brake under all daytime and nighttime
Delegations of authority at 49 CFR 1.95 and
complies with all applicable conditions when activated. The 501.8)
requirements of FMVSS No. 135. indicator is conspicuously located in
(d) The NHTSA has previously the top left-of-center position on the Jeffrey M. Giuseppe,
granted inconsequential treatment for instrument panel which is in front of Director, Office of Vehicle Safety Compliance.
labeling issues across various motor and in clear view of the driver. The [FR Doc. 2016–30578 Filed 12–19–16; 8:45 am]
vehicle safety standards, including for ‘‘Park’’ indicator is red in color when BILLING CODE 4910–59–P
discrepancies involving lettering height, illuminated and has a black contrasting
missing information, incorrect background. All of these required
information, and misplaced or obscured features help ensure that the indicator DEPARTMENT OF TRANSPORTATION
information. For example, two can be seen and recognized by the
comparable petitions for driver when illuminated. National Highway Traffic Safety
inconsequential treatment involving 2. The affected vehicles are equipped Administration
brake telltale lettering height were with a driver information center which
granted to Kia and Hyundai (reference is located in the instrument cluster and [Docket No. NHTSA–2016–0109; Notice 1]
Docket numbers ‘‘NHTSA–2004– adjacent to the speedometer, in direct
17439’’, Notice 2 and ‘‘NHTSA–2004– view of the driver. When the parking Mercedes-Benz USA, LLC, Receipt of
17439’’ (sic), Notice 2, published in the brake is applied, the FMVSS No. 135 Petition for Decision of
Federal Register on July 8, 2004, and required ‘‘PARK’’ indicator is Inconsequential Noncompliance
July 9, 2004, respectively). The Kia illuminated. Simultaneously, in AGENCY: National Highway Traffic
petition cited multiple previous addition to the ‘‘PARK’’ indicator, the Safety Administration (NHTSA),
petitions for inconsequential treatment information center provides a message Department of Transportation (DOT).
for brake telltale noncompliance granted that the parking brake is activated with
the wording ‘‘Park Brake Set.’’ GM ACTION: Receipt of petition.
by NHTSA, and we ask to incorporate
them here by reference. stated that the height of this message is SUMMARY: Mercedes-Benz USA, LLC
(e) After searching VOQ, TREAD and 3.24 mm and is substantially wider than (MBUSA), has determined that certain
internal GM databases, GM is not aware the typical width of the required model year (MY) 2015–2016 Mercedes-
of any crashes, injuries, or customer indicators. Illumination of both the Benz CLS-Class motor vehicles do not
complaints associated with this ‘‘PARK’’ indicator combined with the fully comply with Federal Motor
condition. information center statement ‘‘Park Vehicle Safety Standard (FMVSS) No.
(f) GM has corrected this condition in Brake Set’’ provides ample 110, Tire Selection and Rims and Motor
production. All vehicles produced after communication to the driver that the Home/Recreation Vehicle Trailer Load
June 13, 2016, comply with the telltale parking brake has been applied. Carrying Capacity Information for Motor
lettering height specified in FMVSS No. NHTSA’S Decision: In consideration
Vehicles with a GVWR of 4,536
135. of the foregoing, NHTSA decided that
kilograms (10,000 pounds) or Less.
GM concluded by expressing the GM has met its burden of persuasion
MBUSA filed a Safety Recall Report
belief that the subject noncompliance is that the FMVSS No. 135 noncompliance
dated September 12, 2016. MBUSA also
inconsequential as it relates to motor in the affected vehicles is
petitioned NHTSA on October 4, 2016,
vehicle safety, and that its petition to be inconsequential to motor vehicle safety.
for a decision that the subject
exempted from providing notification of Accordingly, GM’s petition is hereby
noncompliance is inconsequential as it
the noncompliance, as required by 49 granted and GM is consequently
relates to motor vehicle safety.
exempted from the obligation of
mstockstill on DSK3G9T082PROD with NOTICES

U.S.C. 30118, and a remedy for the
providing notification of, and a free DATES: The closing date for comments
noncompliance, as required by 49
U.S.C. 30120, should be granted. remedy for, that noncompliance under on the petition is January 19, 2017.
49 U.S.C. 30118 and 30120. ADDRESSES: Interested persons are
NHTSA’S Decision NHTSA notes that the statutory invited to submit written data, views,
NHTSA’s Analysis: NHTSA has provisions (49 U.S.C. 30118(d) and and arguments on this petition.
reviewed GM’s analysis that the subject 30120(h)) that permit manufacturers to Comments must refer to the docket and
noncompliance is inconsequential to file petitions for a determination of notice number cited in the title of this

VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 PO 00000 Frm 00195 Fmt 4703 Sfmt 4703 E:\FR\FM\20DEN1.SGM 20DEN1

Document Created: 2018-02-14 09:09:29
Document Modified: 2018-02-14 09:09:29

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 92963

81 FR 92963 - General Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 81, Issue 244 (December 20, 2016)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration