82 FR 5644 - General Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 11 (January 18, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 11 (January 18, 2017)
| Page Range | 5644-5645 | |
| FR Document | 2017-01004 |
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)] [Notices] [Pages 5644-5645] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-01004] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0035; 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) 2012-2015 Chevrolet Sonic passenger cars do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices and Associated Equipment. GM has filed a noncompliance report dated March 2, 2015. GM also petitioned NHTSA on March 24, 2015, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. ADDRESSES: For further information on the decision contact Mike Cole, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-5319, facsimile (202) 366-3081. SUPPLEMENTARY INFORMATION: I. Overview General Motors, LLC, (GM) has determined that certain model year (MY) 2012-2015 Chevrolet Sonic passenger cars do not fully comply with paragraph S6.5.3.4.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices and Associated Equipment. GM has filed a noncompliance report dated March 2, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. GM also petitioned NHTSA on March 24, 2015, pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 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 to motor vehicle safety. Notice of receipt of the GM petition was published, with a 30-day public comment period, on May 12, 2015, in the Federal Register (80 FR 27229). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2015-0035.'' II. Vehicles Involved Affected are approximately 310,243 MY 2012-2015 Chevrolet Sonic passenger cars manufactured between May 5, 2011 and February 4, 2015. III. Noncompliance: GM explains that the noncompliance is that the high-beam headlamp lenses on the subject vehicles are not marked with ``HB3'' (the HB bulb type) as required by paragraph S6.5.3.4.1 of FMVSS No. 108. IV. Rule Text Paragraph S6.5.3.4.1 of FMVSS No. 108 requires in pertinent part: S6.5.3.4.1 The lens of each replaceable bulb headlamp must bear permanent marking [[Page 5645]] in front of each replaceable light source with which it is equipped that states either: The HB Type, if the light source conforms to S11 of this standard for filament light sources, . . . . V. Summary of GM's Analyses GM stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) The high-beam headlamp lenses in question are clearly marked ``9005'' (the ANSI designation), which GM believes to be a well-known alternative designation recognized throughout the automotive industry and used by lighting manufacturers interchangeably with HB3, the lamp's HB type. GM also verified that the vehicle owner's manuals identify the high beam replacement bulb as 9005. (B) That the mismarked high-beam headlamps are the correct headlamps for the subject vehicles and that they conform to all other requirements including photometric as required by FMVSS No. 108. (C) The risk of customer confusion when selecting a correct replacement bulb is remote. Both the HB3 type and the 9005 ANSI designation are marked on the vehicles' headlamp bulb sockets, and packaging for replacement bulbs is commonly marked with both the HB type and the ANSI designation. GM searched a number of national automotive parts stores (Autozone, O'Reilly, Advanced Auto Parts, and Pep Boys), and found that all HB3 replacement bulbs in these stores were marked with the 9005 ANSI designation. Should a consumer attempt to install an incorrect bulb into the headlamp sockets, the bulb could not be successfully installed because of the unique nature of the socket hardware. (D) GM also cited several previous petitions that NHTSA has granted dealing with noncompliances that GM believes are similar to the noncompliance that is the subject of its petition. Based on these decisions, GM believes that there is also precedent to support granting its petition. GM is not aware of any VOQ or field data in which a consumer has complained of not being able to identify the proper replacement headlamp bulb for the affected vehicles, which GM believes to be evidence that this noncompliance is not impacting consumers. GM has additionally informed NHTSA that it has corrected the noncompliance by adding the HB3 designation bulb type to the high-beam headlamp lens in all vehicles produced on or after February 21, 2015. In summation, GM believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt GM from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted. NHTSA's Decision NHTSA's Analysis: We agree with GM that the ANSI ``9005'' designation is a well-known alternative designation for the HB3 light source and that replacement light source packaging is commonly marked with both the HB type and ANSI designation. As such, we believe that consumers can properly identify and purchase the correct replacement upper beam light source for the affected vehicles. Further, the unique bulb holder design incorporated into the headlamps would prevent consumers from installing a light source other than an HB3/9005 so there would be no effect on headlamp performance. NHTSA's Decision: In consideration of the foregoing, NHTSA finds that GM has met its burden of persuasion that the subject FMVSS No. 108 noncompliance 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. 2017-01004 Filed 1-17-17; 8:45 am] BILLING CODE 4910-59-P
![5644 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices
Based on the evidence submitted by If GM decides not to use the Devices and Associated Equipment. GM
GM, the agency believes that the exemption for this line, it should has filed a noncompliance report dated
antitheft device for the Chevrolet Volt formally notify the agency. If such a March 2, 2015. GM also petitioned
vehicle line is likely to be as effective decision is made, the line must be fully NHTSA on March 24, 2015, for a
in reducing and deterring motor vehicle marked according to the requirements decision that the subject noncompliance
theft as compliance with the parts- under 49 CFR parts 541.5 and 541.6 is inconsequential as it relates to motor
marking requirements of the Theft (marking of major component parts and vehicle safety.
Prevention Standard (49 CFR 541). replacement parts). ADDRESSES: For further information on
GM’s proposed device lacks an NHTSA notes that if GM wishes in the the decision contact Mike Cole, Office of
audible or visible alarm. Therefore, this future to modify the device on which Vehicle Safety Compliance, the National
device cannot perform one of the this exemption is based, the company Highway Traffic Safety Administration
functions listed in 49 CFR part may have to submit a petition to modify (NHTSA), telephone (202) 366–5319,
543.6(a)(3), that is, to call attention to the exemption. Part 543.7(d) states that facsimile (202) 366–3081.
unauthorized attempts to enter or move a part 543 exemption applies only to
SUPPLEMENTARY INFORMATION:
the vehicle. The agency concludes that vehicles that belong to a line exempted
the device will provide the four of the under this part and equipped with the I. Overview
five types of performance listed in antitheft device on which the line’s
General Motors, LLC, (GM) has
§ 543.6(a)(3): Promoting activation; exemption is based. Further, part
543.9(c)(2) provides for the submission determined that certain model year
preventing defeat or circumvention of (MY) 2012–2015 Chevrolet Sonic
the device by unauthorized persons; of petitions ‘‘to modify an exemption to
permit the use of an antitheft device passenger cars do not fully comply with
preventing operation of the vehicle by paragraph S6.5.3.4.1 of Federal Motor
unauthorized entrants; and ensuring the similar to but differing from the one
specified in that exemption.’’ Vehicle Safety Standard (FMVSS) No.
reliability and durability of the device. 108, Lamps, Reflective Devices and
The agency wishes to minimize the
Pursuant to 49 U.S.C. 33106 and 49 Associated Equipment. GM has filed a
administrative burden that part
CFR 543.7(b), the agency grants a noncompliance report dated March 2,
543.9(c)(2) could place on exempted
petition for exemption from the parts- 2015, pursuant to 49 CFR part 573,
vehicle manufacturers and itself. The
marking requirements of part 541 either Defect and Noncompliance
agency did not intend in drafting part
in whole or in part, if it determines that, Responsibility and Reports. GM also
543 to require the submission of a
based upon substantial evidence, the petitioned NHTSA on March 24, 2015,
modification petition for every change
standard equipment antitheft device is pursuant to 49 U.S.C. 30118(d) and
to the components or design of an
likely to be as effective in reducing and 30120(h) (see implementing rule at 49
antitheft device. The significance of
deterring motor vehicle theft as CFR part 556) for an exemption from the
many such changes could be de
compliance with the parts-marking notification and remedy requirements of
minimis. Therefore, NHTSA suggests
requirements of part 541. The agency 49 U.S.C. Chapter 301 on the basis that
that if the manufacturer contemplates
finds that GM has provided adequate this noncompliance is inconsequential
making any changes, the effects of
reasons for its belief that the antitheft to motor vehicle safety.
which might be characterized as de
device for the Chevrolet Volt vehicle Notice of receipt of the GM petition
minimis, it should consult the agency
line is likely to be as effective in was published, with a 30-day public
before preparing and submitting a
reducing and deterring motor vehicle comment period, on May 12, 2015, in
petition to modify.
theft as compliance with the parts- the Federal Register (80 FR 27229). No
marking requirements of the Theft Issued in Washington, DC, under authority comments were received. To view the
Prevention Standard (49 CFR part 541). delegated in 49 CFR 1.95.
petition and all supporting documents
This conclusion is based on the Raymond R. Posten,
log onto the Federal Docket
information GM provided about its Associate Administrator for Rulemaking. Management System (FDMS) Web site
device. [FR Doc. 2017–00977 Filed 1–17–17; 8:45 am] at: http://www.regulations.gov/. Then
For the foregoing reasons, the agency BILLING CODE 4910–59–P follow the online search instructions to
hereby grants in full GM’s petition for locate docket number ‘‘NHTSA–2015–
exemption for the Chevrolet Volt 0035.’’
vehicle line from the parts-marking DEPARTMENT OF TRANSPORTATION
requirements of 49 CFR part 541 II. Vehicles Involved
National Highway Traffic Safety
beginning with the 2018 model year. Affected are approximately 310,243
Administration
The agency notes that 49 CFR part 541, MY 2012–2015 Chevrolet Sonic
Appendix A–1, identifies those lines [Docket No. NHTSA–2015–0035; Notice 2] passenger cars manufactured between
that are exempted from the Theft May 5, 2011 and February 4, 2015.
Prevention Standard for a given model General Motors, LLC, Grant of Petition
for Decision of Inconsequential III. Noncompliance:
year. 49 CFR part 543.7(f) contains
publication requirements incident to the Noncompliance GM explains that the noncompliance
disposition of all part 543 petitions. AGENCY: National Highway Traffic is that the high-beam headlamp lenses
Advanced listing, including the release Safety Administration (NHTSA), on the subject vehicles are not marked
of future product nameplates, the Department of Transportation (DOT) with ‘‘HB3’’ (the HB bulb type) as
beginning model year for which the required by paragraph S6.5.3.4.1 of
mstockstill on DSK3G9T082PROD with NOTICES
ACTION: Grant of petition
petition is granted and a general FMVSS No. 108.
description of the antitheft device is SUMMARY: General Motors, LLC, (GM) IV. Rule Text
necessary in order to notify law has determined that certain model year
enforcement agencies of new vehicle (MY) 2012–2015 Chevrolet Sonic Paragraph S6.5.3.4.1 of FMVSS No.
lines exempted from the parts-marking passenger cars do not fully comply with 108 requires in pertinent part:
requirements of the Theft Prevention Federal Motor Vehicle Safety Standard S6.5.3.4.1 The lens of each replaceable
Standard. (FMVSS) No. 108, Lamps, Reflective bulb headlamp must bear permanent marking
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![Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices 5645
in front of each replaceable light source with In summation, GM believes that the Authority: 49 U.S.C. 30118, 30120:
which it is equipped that states either: The described noncompliance of the subject delegations of authority at 49 CFR 1.95 and
HB Type, if the light source conforms to S11 vehicles is inconsequential to motor 501.8.
of this standard for filament light
sources, . . . . vehicle safety, and that its petition, to Jeffrey M. Giuseppe,
exempt GM from providing recall Director, Office of Vehicle Safety Compliance.
V. Summary of GM’s Analyses notification of noncompliance as [FR Doc. 2017–01004 Filed 1–17–17; 8:45 am]
GM stated its belief that the subject required by 49 U.S.C. 30118 and BILLING CODE 4910–59–P
noncompliance is inconsequential to remedying the recall noncompliance as
motor vehicle safety for the following required by 49 U.S.C. 30120 should be
reasons: granted. DEPARTMENT OF TRANSPORTATION
(A) The high-beam headlamp lenses NHTSA’s Decision Office of the Secretary
in question are clearly marked ‘‘9005’’
(the ANSI designation), which GM NHTSA’s Analysis: We agree with GM Contracting Initiative
believes to be a well-known alternative that the ANSI ‘‘9005’’ designation is a
designation recognized throughout the well-known alternative designation for AGENCY: Office of the Secretary (OST),
automotive industry and used by the HB3 light source and that Department of Transportation (DOT).
lighting manufacturers interchangeably replacement light source packaging is ACTION: Notice.
with HB3, the lamp’s HB type. GM also commonly marked with both the HB
verified that the vehicle owner’s SUMMARY: The DOT is extending the
type and ANSI designation. As such, we contracting initiative pilot program for a
manuals identify the high beam believe that consumers can properly
replacement bulb as 9005. period of 5 years.
identify and purchase the correct DATES: This pilot program became
(B) That the mismarked high-beam
replacement upper beam light source for effective on March 6, 2015.
headlamps are the correct headlamps for
the affected vehicles. Further, the FOR FURTHER INFORMATION CONTACT: For
the subject vehicles and that they
conform to all other requirements unique bulb holder design incorporated technical information: Mr. Michael
including photometric as required by into the headlamps would prevent Harkins, Deputy Assistant General
FMVSS No. 108. consumers from installing a light source Counsel for General Law, Office, U.S.
(C) The risk of customer confusion other than an HB3/9005 so there would Department of Transportation, 1200
when selecting a correct replacement be no effect on headlamp performance. New Jersey Avenue SE., Washington,
bulb is remote. Both the HB3 type and NHTSA’s Decision: In consideration DC 20590, 202–366–0590 (telephone),
the 9005 ANSI designation are marked of the foregoing, NHTSA finds that GM Michael.Harkins@dot.gov (email).
on the vehicles’ headlamp bulb sockets, has met its burden of persuasion that SUPPLEMENTARY INFORMATION:
and packaging for replacement bulbs is the subject FMVSS No. 108
commonly marked with both the HB Electronic Access
noncompliance is inconsequential to
type and the ANSI designation. GM motor vehicle safety. Accordingly, GM’s An electronic copy of this document
searched a number of national petition is hereby granted and GM is may also be downloaded from the Office
automotive parts stores (Autozone, of the Federal Register’s home page at
consequently exempted from the
O’Reilly, Advanced Auto Parts, and Pep http://www.archives.gov/federal_register
obligation of providing notification of,
Boys), and found that all HB3 and the Government Printing Office’s
and a free remedy for, that Web page at http://www.gpoaccess.gov.
replacement bulbs in these stores were
marked with the 9005 ANSI noncompliance under 49 U.S.C. 30118
and 30120. Background
designation. Should a consumer attempt
to install an incorrect bulb into the NHTSA notes that the statutory On March 6, 2015, DOT published a
headlamp sockets, the bulb could not be provisions (49 U.S.C. 30118(d) and notice in the Federal Register (80 FR
successfully installed because of the 30120(h)) that permit manufacturers to 12257) establishing a contracting
unique nature of the socket hardware. file petitions for a determination of initiative pilot program under which,
(D) GM also cited several previous inconsequentiality allow NHTSA to Federal Highway Administration
petitions that NHTSA has granted exempt manufacturers only from the (FHWA) and Federal Transit
dealing with noncompliances that GM duties found in sections 30118 and Administration (FTA) recipients and
believes are similar to the 30120, respectively, to notify owners, subrecipients could utilize various
noncompliance that is the subject of its contracting requirements that generally
purchasers, and dealers of a defect or
petition. Based on these decisions, GM have been disallowed due to concerns
noncompliance and to remedy the
believes that there is also precedent to about adverse impacts on competition.
defect or noncompliance. Therefore, this The purpose of the pilot program is to
support granting its petition. decision only applies to the subject
GM is not aware of any VOQ or field determine whether the use of such
data in which a consumer has vehicles that GM no longer controlled at requirements ‘‘unduly limit
complained of not being able to identify the time it determined that the competition,’’ as provided in an August
the proper replacement headlamp bulb noncompliance existed. However, the 23, 2013, opinion from the Department
for the affected vehicles, which GM granting of this petition does not relieve of Justice’s Office of Legal Counsel
believes to be evidence that this vehicle distributors and dealers of the (OLC). DOT established the pilot
noncompliance is not impacting prohibitions on the sale, offer for sale, program for a period of 1 year unless
mstockstill on DSK3G9T082PROD with NOTICES
consumers. or introduction or delivery for extended. On March 17, 2016, DOT
GM has additionally informed introduction into interstate commerce of extended this pilot program for a period
NHTSA that it has corrected the the noncompliant vehicles under their of 1 additional year, until March 6, 2017
noncompliance by adding the HB3 control after GM notified them that the (81 FR14524). To date, DOT has
designation bulb type to the high-beam subject noncompliance existed. received only limited data from the
headlamp lens in all vehicles produced program. As a result, DOT has decided
on or after February 21, 2015. to extend the pilot program until March
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Document Created: 2018-02-01 15:19:11
Document Modified: 2018-02-01 15:19:11
| 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 | 82 FR 5644 |
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