82 FR 22058 - General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 90 (May 11, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 90 (May 11, 2017)
| Page Range | 22058-22059 | |
| FR Document | 2017-09497 |
[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)] [Notices] [Pages 22058-22059] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09497] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2016-0140; 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) 2014-2016 GM motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or Less. GM filed a noncompliance report dated December 6, 2016, and revised it on April 6, 2017. GM also petitioned NHTSA on January 5, 2017, and submitted a revised petition on April 7, 2017, 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 June 12, 2017. 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 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 Delivery: 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. All comments and supporting materials 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 fullest 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 comments, background documentation, and supporting materials 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: General Motors, LLC (GM), has determined that certain model year (MY) 2014-2016 GM motor vehicles do not fully comply with paragraph S4.4.2(e) of Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or Less. GM filed a noncompliance report dated December 6, 2016, and revised it on April 6, 2017, pursuant to 49 CFR part [[Page 22059]] 573, Defect and Noncompliance Responsibility and Reports. GM also petitioned NHTSA on January 5, 2017, and submitted a revised petition on April 7, 2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 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. 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: Approximately 130,088 of the following MY 2014-2016 GM motor vehicles manufactured between August 7, 2014, and June 15, 2015, are potentially involved: 2015-2016 Cadillac Escalade 2015-2016 Cadillac Escalade ESV 2015-2015 Cadillac SRX 2015-2016 Chevrolet Tahoe 2015-2016 GMC Yukon 2015-2016 GMC Yukon XL 2014-2015 GMC Sierra 2014-2015 Chevrolet Silverado 2015-2016 Chevrolet Suburban III. Noncompliance: GM explains that the noncompliance is that the subject vehicles are equipped with wheels supplied by Citic Dicastal Co. LTD (Dicastal) that are marked with unregistered date of manufacture marks that were not previously disclosed to NHTSA and therefore, do not comply with paragraph S4.4.2(e) of FMVSS No. 110. IV. Rule Text: Paragraph S4.4.2(e) of FMVSS No. 110 states: S4.4.2 Rim markings for vehicles other than passenger cars. Each rim or, at the option of the manufacturer in the case of a single- piece wheel, each wheel disc shall be marked with the information listed in S4.4.2 (a) through (e), in lettering not less than 3 millimeters in height, impressed to a depth or, at the option of the manufacturer, embossed to a height of not less than 0.125 millimeters . . . (e) The month, day and year or the month and year of manufacture, expressed either numerically or by use of a symbol, at the option of the manufacturer. For example: ``September 4, 2001'' may be expressed numerically as: ``90401'', ``904, 01'' or ``01, 904''; ``September 2001'' may be expressed as: ``901'', ``9, 01'' or ``01, 9''. i. Any manufacturer that elects to express the date of manufacture by means of a symbol shall notify NHTSA in writing of the full names and addresses of all manufacturers and brand name owners utilizing that symbol and the name and address of the trademark owner of that symbol, if any. The notification shall describe in narrative form and in detail how the month, day, and year or the month and year are depicted by the symbol. Such description shall include an actual size graphic depiction of the symbol, showing and/or explaining the interrelationship of the component parts of the symbol as they will appear on the rim or single piece of wheel disc, including dimensional specifications, and where the symbol will be located on the rim or single piece wheel disc. The notification shall be received by NHTSA not less than 60 calendar days before the first use of the symbol . . . 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 reasons: (a) This is not a safety issue: Neither the marking method nor the timely disclosure of it to NHTSA have any effect on the operation, performance, or safety of the affected vehicles. For example, the required date marks do not serve any safety purpose and do not provide any safety benefit. The purpose of the date mark is traceability in the event a future wheel defect is discovered. For example, if it were discovered that Dicastal wheels manufactured in January 2015 had a defect (e.g., high porosity in the casting) a dealer could use the date marking to determine if a given wheel was in the suspect population. Importantly, here, all the affected wheels on GM's vehicles have accurate date markings and can be traced in the event of a defect. Except for a small percentage of affected wheels, the markings have all been disclosed to NHTSA. Disclosed or not, however, GM and its dealers can still trace the wheels because the unregistered date marks contain sufficient information to clearly identify the month and year of manufacture. Therefore, the issue here is more of a procedural one, and the fact that these date marks were not registered with NHTSA in a timely manner presents no substantive safety issue and is inconsequential to motor vehicle safety. (b) NHTSA has granted similar requests: Granting this petition would be consistent with NHTSA's past decisions involving wheel markings required by FMVSS No. 110. For example, NHTSA recently granted a petition for inconsequential treatment related to a noncompliance with FMVSS No. 110's requirement that the source of the published nominal dimensions be marked on the rims. In that case, NHTSA agreed that the incorrect rim marking had no effect on the performance and safety of the tire/rim combination. Here, the connection to safety is even more attenuated because the markings on the wheels are correct, they were just not disclosed to NHTSA in a timely manner. For at least the same reasons NHTSA found incorrect rim markings inconsequential to vehicle safety, GM requests that NHTSA come to the same conclusion regarding the correct, but unregistered, markings in this case as being inconsequential to motor vehicle safety. (c) The issue has been corrected: Dicastal corrected the issue in production on April 25, 2015, when it stopped using unregistered date marks. Since then, the manufacture date marks on GM's Dicastal wheels have been properly disclosed to NHTSA and comply with FMVSS No. 110. 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. To view GM's petition, pictures and analyses in its entirety you can visit https://www.regulations.gov by following the online instructions for accessing the dockets and by using the docket ID number for this petition shown in the heading of this notice. 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. 2017-09497 Filed 5-10-17; 8:45 am] BILLING CODE 4910-59-P
![22058 Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices
The agency concludes that the device manufacturer contemplates making any • Electronically: Submit comments
will provide the five types of changes, the effects of which might be electronically by logging onto the
performance listed in § 543.6(a)(3): characterized as de minimis, it should Federal Docket Management System
Promoting activation; attract attention to consult the agency before preparing and (FDMS) Web site at https://
the efforts of an unauthorized person to submitting a petition to modify. www.regulations.gov/. Follow the online
enter or move a vehicle by means other Authority: 49 CFR 1.95. instructions for submitting comments.
than a key; preventing defeat or • Comments may also be faxed to
circumvention of the device by Raymond R. Posten, (202) 493–2251.
unauthorized persons; preventing Associate Administrator for Rulemaking. Comments must be written in the
operation of the vehicle by [FR Doc. 2017–09516 Filed 5–10–17; 8:45 am] English language, and be no greater than
unauthorized entrants; and ensuring the BILLING CODE 4910–59–P 15 pages in length, although there is no
reliability and durability of the device. limit to the length of necessary
For the foregoing reasons, the agency attachments to the comments. If
hereby grants in full Tesla’s petition for DEPARTMENT OF TRANSPORTATION comments are submitted in hard copy
exemption for the Model 3 vehicle line form, please ensure that two copies are
from the parts-marking requirements of National Highway Traffic Safety provided. If you wish to receive
49 CFR part 541, beginning with the Administration confirmation that comments you have
2017 model year vehicles. The agency [Docket No. NHTSA–2016–0140; Notice 1] submitted by mail were received, please
notes that 49 CFR part 541, Appendix enclose a stamped, self-addressed
A–1, identifies those lines that are General Motors, LLC, Receipt of postcard with the comments. Note that
exempted from the Theft Prevention Petition for Decision of all comments received will be posted
Standard for a given MY. 49 CFR Inconsequential Noncompliance without change to https://
543.7(f) contains publication www.regulations.gov, including any
requirements incident to the disposition AGENCY: National Highway Traffic
Safety Administration (NHTSA), personal information provided.
of all part 543 petitions. Advanced All comments and supporting
listing, including the release of future Department of Transportation (DOT).
materials received before the close of
product nameplates, the beginning ACTION: Receipt of petition.
business on the closing date indicated
model year for which the petition is above will be filed in the docket and
SUMMARY: General Motors, LLC (GM),
granted and a general description of the will be considered. All comments and
has determined that certain model year
antitheft device is necessary in order to supporting materials received after the
(MY) 2014–2016 GM motor vehicles do
notify law enforcement agencies of new closing date will also be filed and will
not fully comply with Federal Motor
vehicle lines exempted from the parts be considered to the fullest extent
Vehicle Safety Standard (FMVSS) No.
marking requirements of the Theft possible.
110, Tire Selection and Rims and Motor
Prevention Standard. When the petition is granted or
If Tesla decides not to use the Home/Recreation Vehicle Trailer Load
Carrying Capacity Information for Motor denied, notice of the decision will also
exemption for this line, it should
Vehicles with a GVWR of 4,536 be published in the Federal Register
formally notify the agency. If such a
kilograms (10,000 pounds) or Less. GM pursuant to the authority indicated at
decision is made, the line must be fully
filed a noncompliance report dated the end of this notice.
marked according to the requirements
December 6, 2016, and revised it on All comments, background
under 49 CFR 541.5 and 541.6 (marking
April 6, 2017. GM also petitioned documentation, and supporting
of major component parts and
NHTSA on January 5, 2017, and materials submitted to the docket may
replacement parts).
NHTSA notes that if Tesla wishes in submitted a revised petition on April 7, be viewed by anyone at the address and
the future to modify the device on 2017, for a decision that the subject times given above. The documents may
which this exemption is based, the noncompliance is inconsequential as it also be viewed on the Internet at https://
company may have to submit a petition relates to motor vehicle safety. www.regulations.gov by following the
to modify the exemption. Section DATES: The closing date for comments online instructions for accessing the
543.7(d) states that a part 543 exemption on the petition is June 12, 2017. dockets. The docket ID number for this
applies only to vehicles that belong to ADDRESSES: Interested persons are petition is shown in the heading of this
a line exempted under this part and invited to submit written data, views, notice.
equipped with the antitheft device on and arguments on this petition. DOT’s complete Privacy Act
which the line’s exemption is based. Comments must refer to the docket and Statement is available for review in a
Further, § 543.9(c)(2) provides for the notice number cited in the title of this Federal Register notice published on
submission of petitions ‘‘to modify an notice and submitted by any of the April 11, 2000, (65 FR 19477–78).
exemption to permit the use of an following methods: SUPPLEMENTARY INFORMATION:
antitheft device similar to, but differing • Mail: Send comments by mail I. Overview: General Motors, LLC
from the one specified in that addressed to U.S. Department of (GM), has determined that certain model
exemption.’’ Transportation, Docket Operations, M– year (MY) 2014–2016 GM motor
The agency wishes to minimize the 30, West Building Ground Floor, Room vehicles do not fully comply with
administrative burden that § 543.9(c)(2) W12–140, 1200 New Jersey Avenue SE., paragraph S4.4.2(e) of Federal Motor
could place on exempted vehicle Washington, DC 20590. Vehicle Safety Standard (FMVSS) No.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
manufacturers and itself. The agency • Hand Delivery: Deliver comments 110, Tire Selection and Rims and Motor
did not intend in drafting part 543 to by hand to U.S. Department of Home/Recreation Vehicle Trailer Load
require the submission of a modification Transportation, Docket Operations, M– Carrying Capacity Information for Motor
petition for every change to the 30, West Building Ground Floor, Room Vehicles with a GVWR of 4,536
components or design of an antitheft W12–140, 1200 New Jersey Avenue SE., kilograms (10,000 pounds) or Less. GM
device. The significance of many such Washington, DC 20590. The Docket filed a noncompliance report dated
changes could be de minimis. Therefore, Section is open on weekdays from 10 December 6, 2016, and revised it on
NHTSA suggests that if the a.m. to 5 p.m. except Federal Holidays. April 6, 2017, pursuant to 49 CFR part
VerDate Sep<11>2014 16:52 May 10, 2017 Jkt 241001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\11MYN1.SGM 11MYN1](https://thefederalregister.org/doc/82_FR_22148/page/1.svg)
![Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices 22059
573, Defect and Noncompliance year are depicted by the symbol. Such safety is even more attenuated because
Responsibility and Reports. GM also description shall include an actual size the markings on the wheels are correct,
petitioned NHTSA on January 5, 2017, graphic depiction of the symbol, showing they were just not disclosed to NHTSA
and submitted a revised petition on and/or explaining the interrelationship of the
in a timely manner. For at least the same
component parts of the symbol as they will
April 7, 2017, pursuant to 49 U.S.C. appear on the rim or single piece of wheel reasons NHTSA found incorrect rim
30118(d) and 30120(h) and 49 CFR part disc, including dimensional specifications, markings inconsequential to vehicle
556, for an exemption from the and where the symbol will be located on the safety, GM requests that NHTSA come
notification and remedy requirements of rim or single piece wheel disc. The to the same conclusion regarding the
49 U.S.C. Chapter 301 on the basis that notification shall be received by NHTSA not correct, but unregistered, markings in
this noncompliance is inconsequential less than 60 calendar days before the first use this case as being inconsequential to
as it relates to motor vehicle safety. of the symbol . . . motor vehicle safety.
This notice of receipt of GM’s petition V. Summary of GM’s Petition: GM (c) The issue has been corrected:
is published under 49 U.S.C. 30118 and described the subject noncompliance Dicastal corrected the issue in
30120 and does not represent any and stated its belief that the production on April 25, 2015, when it
agency decision or other exercise of noncompliance is inconsequential as it stopped using unregistered date marks.
judgment concerning the merits of the relates to motor vehicle safety. Since then, the manufacture date marks
petition. In support of its petition, GM
II. Vehicles Involved: Approximately on GM’s Dicastal wheels have been
submitted the following reasons: properly disclosed to NHTSA and
130,088 of the following MY 2014–2016 (a) This is not a safety issue: Neither
GM motor vehicles manufactured comply with FMVSS No. 110.
the marking method nor the timely
between August 7, 2014, and June 15, disclosure of it to NHTSA have any GM concluded by expressing the
2015, are potentially involved: effect on the operation, performance, or belief that the subject noncompliance is
• 2015–2016 Cadillac Escalade safety of the affected vehicles. For inconsequential as it relates to motor
• 2015–2016 Cadillac Escalade ESV example, the required date marks do not vehicle safety, and that its petition to be
• 2015–2015 Cadillac SRX serve any safety purpose and do not exempted from providing notification of
• 2015–2016 Chevrolet Tahoe the noncompliance, as required by 49
provide any safety benefit. The purpose
• 2015–2016 GMC Yukon U.S.C. 30118, and a remedy for the
• 2015–2016 GMC Yukon XL of the date mark is traceability in the
event a future wheel defect is noncompliance, as required by 49
• 2014–2015 GMC Sierra U.S.C. 30120, should be granted.
• 2014–2015 Chevrolet Silverado discovered. For example, if it were
• 2015–2016 Chevrolet Suburban discovered that Dicastal wheels To view GM’s petition, pictures and
III. Noncompliance: GM explains that manufactured in January 2015 had a analyses in its entirety you can visit
the noncompliance is that the subject defect (e.g., high porosity in the casting) https://www.regulations.gov by
vehicles are equipped with wheels a dealer could use the date marking to following the online instructions for
supplied by Citic Dicastal Co. LTD determine if a given wheel was in the accessing the dockets and by using the
(Dicastal) that are marked with suspect population. docket ID number for this petition
unregistered date of manufacture marks Importantly, here, all the affected shown in the heading of this notice.
that were not previously disclosed to wheels on GM’s vehicles have accurate NHTSA notes that the statutory
NHTSA and therefore, do not comply date markings and can be traced in the provisions (49 U.S.C. 30118(d) and
with paragraph S4.4.2(e) of FMVSS No. event of a defect. Except for a small 30120(h)) that permit manufacturers to
110. percentage of affected wheels, the file petitions for a determination of
IV. Rule Text: Paragraph S4.4.2(e) of markings have all been disclosed to inconsequentiality allow NHTSA to
FMVSS No. 110 states: NHTSA. Disclosed or not, however, GM exempt manufacturers only from the
and its dealers can still trace the wheels
S4.4.2 Rim markings for vehicles other duties found in sections 30118 and
because the unregistered date marks
than passenger cars. Each rim or, at the 30120, respectively, to notify owners,
contain sufficient information to clearly
option of the manufacturer in the case of a purchasers, and dealers of a defect or
single-piece wheel, each wheel disc shall be
identify the month and year of
noncompliance and to remedy the
marked with the information listed in S4.4.2 manufacture. Therefore, the issue here
defect or noncompliance. Therefore, any
(a) through (e), in lettering not less than 3 is more of a procedural one, and the fact
decision on this petition only applies to
millimeters in height, impressed to a depth that these date marks were not
the subject vehicles that GM no longer
or, at the option of the manufacturer, registered with NHTSA in a timely
embossed to a height of not less than 0.125 controlled at the time it determined that
manner presents no substantive safety
millimeters . . . the noncompliance existed. However,
issue and is inconsequential to motor
(e) The month, day and year or the month any decision on this petition does not
vehicle safety.
and year of manufacture, expressed either relieve vehicle distributors and dealers
(b) NHTSA has granted similar
numerically or by use of a symbol, at the
requests: Granting this petition would of the prohibitions on the sale, offer for
option of the manufacturer. For example: sale, or introduction or delivery for
‘‘September 4, 2001’’ may be expressed be consistent with NHTSA’s past
decisions involving wheel markings introduction into interstate commerce of
numerically as: ‘‘90401’’, ‘‘904, 01’’ or ‘‘01, the noncompliant vehicles under their
904’’; ‘‘September 2001’’ may be expressed required by FMVSS No. 110. For
as: ‘‘901’’, ‘‘9, 01’’ or ‘‘01, 9’’. example, NHTSA recently granted a control after GM notified them that the
i. Any manufacturer that elects to express petition for inconsequential treatment subject noncompliance existed.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
the date of manufacture by means of a related to a noncompliance with FMVSS Authority: (49 U.S.C. 30118, 30120:
symbol shall notify NHTSA in writing of the No. 110’s requirement that the source of delegations of authority at 49 CFR 1.95 and
full names and addresses of all the published nominal dimensions be 501.8)
manufacturers and brand name owners
utilizing that symbol and the name and
marked on the rims. In that case,
Jeffrey M. Giuseppe,
address of the trademark owner of that NHTSA agreed that the incorrect rim
marking had no effect on the Director, Office of Vehicle Safety Compliance.
symbol, if any. The notification shall
describe in narrative form and in detail how performance and safety of the tire/rim [FR Doc. 2017–09497 Filed 5–10–17; 8:45 am]
the month, day, and year or the month and combination. Here, the connection to BILLING CODE 4910–59–P
VerDate Sep<11>2014 16:52 May 10, 2017 Jkt 241001 PO 00000 Frm 00088 Fmt 4703 Sfmt 9990 E:\FR\FM\11MYN1.SGM 11MYN1](https://thefederalregister.org/doc/82_FR_22148/page/2.svg)
Document Created: 2017-05-11 00:15:13
Document Modified: 2017-05-11 00:15:13
| 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 June 12, 2017. | |
| FR Citation | 82 FR 22058 |
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