83 FR 15233 - General Motors LLC, Receipt of Third Petition for Inconsequentiality and Notice of Consolidation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 83, Issue 68 (April 9, 2018)

Page Range		15233-15236
FR Document		2018-07188

On January 2, 2018, TK Holdings Inc. (Takata) filed a defect information report (DIR), in which it determined that a defect existed in certain passenger-side air bag inflators that it manufactured, including passenger inflators that it supplied to General Motors, LLC (GM) for use in certain GMT900 vehicles. GM has petitioned the Agency for a decision that, because of differences in inflator design and vehicle integration, the equipment defect determined to exist by Takata is inconsequential as it relates to motor vehicle safety in the GMT900 vehicles, and that GM should therefore be relieved of its notification and remedy obligations. This notice serves to make the public aware of GM's pending request to the agency and the period for public comment. It does not address GM's substantive claims, nor legal arguments or interpretations asserted by GM.

Federal Register, Volume 83 Issue 68 (Monday, April 9, 2018)

[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15233-15236]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-07188]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0124; Notice 3]

General Motors LLC, Receipt of Third Petition for
Inconsequentiality and Notice of Consolidation

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Notice of receipt of petition and decision denying request for
deferral of determination.

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SUMMARY: On January 2, 2018, TK Holdings Inc. (Takata) filed a defect
information report (DIR), in which it determined that a defect existed
in certain passenger-side air bag inflators that it manufactured,
including passenger inflators that it supplied to General Motors, LLC
(GM) for use in certain GMT900 vehicles. GM has petitioned the Agency
for a decision that, because of differences in inflator design and
vehicle integration, the equipment defect determined to exist by Takata
is inconsequential as it relates to

[[Page 15234]]

motor vehicle safety in the GMT900 vehicles, and that GM should
therefore be relieved of its notification and remedy obligations. This
notice serves to make the public aware of GM's pending request to the
agency and the period for public comment. It does not address GM's
substantive claims, nor legal arguments or interpretations asserted by
GM.

DATES: The closing date for comments is May 9, 2018.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments regarding this petition for inconsequentiality.
Comments must refer to the docket and notice number cited in the title
of this notice and be submitted by one of the following methods:
Internet: Go to http://www.regulations.gov and follow the
online instructions for submitting comments.
Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590.
Hand Delivery or Courier: U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590 between 9 a.m. and 5 p.m. Eastern Time, Monday
through Friday, except Federal holidays.
Facsimile: (202) 493-2251.
You may call the Docket at (202) 366-9324.
Note that all comments received will be posted without change to
http://www.regulations.gov, including any personal information
provided. Thus, submitting such information makes it public. You may
wish to read the Privacy Act notice, which can be viewed by clicking on
the ``Privacy and Security Notice'' link in the footer of http://www.regulations.gov. DOT's complete Privacy Act Statement is available
for review in the Federal Register published on April 11, 2000 (65 FR
19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated above will
be filed in the docket and will be considered. Comments and supporting
materials received after the closing date will also be filed and will
be considered to the extent possible. When the petition is granted or
denied, notice of the decision will also be published in the Federal
Register pursuant to the authority indicated at the end of this notice.

FOR FURTHER INFORMATION CONTACT: For legal issues: Stephen Hench,
Office of the Chief Counsel, NCC-100, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
(telephone: (202) 366-5263).
For general information regarding NHTSA's investigation into Takata
air bag inflator ruptures and the related recalls: http://www.safercar.gov/rs/takata/index.html.

SUPPLEMENTAL INFORMATION:

I. Background

On May 4, 2016, NHTSA issued, and Takata agreed to, an Amendment to
the November 3, 2015 Consent Order (the ``Amendment''), under which
Takata is bound to declare a defect in all frontal driver and passenger
air bag inflators that contain a phase-stabilized ammonium nitrate
(PSAN)-based propellant and do not contain a moisture-absorbing
desiccant. Such defect declarations are being made on a rolling basis,
with the first declaration due May 16, 2016, the second declaration due
December 31, 2016, and the third declaration due December 31, 2017. See
Amendment at ] 14.

GM's May 2016 & January 2017 DIRs

Takata timely submitted the first scheduled equipment DIRs on May
16, 2016. See Recall Nos. 16E-042, 16E-043, and 16E-044. Those DIRs
included non-desiccated passenger inflators, designated as types SPI YP
and PSPI-L YD, that were installed as original equipment on certain
motor vehicles manufactured by GM (the ``covered passenger
inflators''), as well as other non-desiccated passenger inflators
installed as original equipment on motor vehicles manufactured by a
number of other automakers, which are not at issue here.
The Takata filing triggered GM's obligation to file a DIR for the
affected GM vehicles. See 49 CFR part 573; Amendment at ] 16; November
3, 2015 Coordinated Remedy Order at ] 46. GM ultimately submitted two
DIRs on May 27, 2016. See Recall Nos. 16V-381 (for vehicles in Zone A)
and 16V-383 (for vehicles in Zone B). On November 15, 2016, GM
petitioned the Agency, under 49 U.S.C. 30118(d), 30120(h) and 49 CFR
part 556, for a decision that the equipment defect determined to exist
by Takata is inconsequential as it relates to motor vehicle safety in
the GMT900 vehicles. See GM's Petition for Inconsequentiality and
Request for Deferral of Determination Regarding Certain GMT900 Vehicles
Equipped with Takata ``SPI YP'' and ``PSPI-L YD'' Passenger Inflators
(the ``First Petition for Inconsequentiality'' or ``First Petition'').
In a Notice published in the Federal Register on November 28, 2016, the
Agency published notice of the First Petition and granted two
administrative requests, accepting the petition out of time and
granting GM additional time to provide data in support of the petition.
See 81 FR 85681.
On January 3, 2017, Takata timely submitted the second scheduled
equipment DIRs for additional covered passenger inflators. See Recall
Nos. 17E-001, 17E-002, and 17E-003. Again, the Takata filing triggered
GM's obligation to file a DIR for the affected GM vehicles. See 49 CFR
part 573; Amendment at ] 16; Third Amendment to Coordinated Remedy
Order at ] 32. GM ultimately submitted its DIRs on January 10, 2017,
and notified NTHSA of its intention to file an inconsequentiality
petition. See Recall Nos. 17V-010, 17V-019, and 17V-021.\1\
Contemporaneous with its DIRs, GM submitted to the Agency a Petition
for Inconsequentiality and Request for Deferral of Determination
Regarding Certain GMT900 Vehicles Equipped with Takata ``SPI YP'' and
``PSPI-L YD'' Passenger Inflators Subject to January 2017 Takata
Equipment DIR Filings (the ``Second Petition for Inconsequentiality''
or ``Second Petition'').
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\1\ When a manufacturer files a petition for inconsequentiality,
the affected DIR will not be made public unless and until the Agency
denies the petition.
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On September 11, 2017, the Agency published a notice of receipt of
the Second Petition and, as GM's Second Petition was virtually
identical to its First Petition (both involved the same covered
passenger inflators and same vehicle platform, relied upon the same
purported evidence, and would rely upon the same forthcoming report),
consolidated the Second Petition with the First Petition under Docket
No. NHTSA-2016-0124. See 82 FR 42718.

GM's January 9, 2018 DIRs

Takata timely submitted \2\ the third scheduled equipment DIRs on
January 2, 2018. Those DIRs included additional covered passenger
inflators. Once more, the Takata filing triggered GM's obligation to
file a DIR for the affected GM vehicles. See 49 CFR part 573; Amendment
at ] 16; Third Amendment to Coordinated Remedy Order at ] 32. GM
submitted its DIRs on January 9, 2018.\3\ Therein, in accordance with
49 CFR 573.6(c)(8)(iii), GM notified

[[Page 15235]]

NHTSA of its intention to file a petition for inconsequentiality and
contemporaneously submitted to the Agency a Petition for
Inconsequentiality Regarding Certain GMT900 Vehicles Equipped with
Takata ``SPI YP'' and ``PSPI-L YD'' Passenger Inflators Subject to
January 2018 Takata Equipment DIR Filings (the ``Third Petition for
Inconsequentiality'' or ``Third Petition''). GM's Third Petition
requested that NHTSA grant GM's First, Second and Third Petitions or,
in the alternative, that NHTSA defer its decision on the First, Second,
and Third Petitions until March 31, 2018, which would allow GM time to
complete further study and analysis.
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\2\ December 31, 2017 was a Sunday, and Monday, January 1, 2018
was a federal holiday.
\3\ When a manufacturer files a petition for inconsequentiality,
the corresponding DIR will not be made public unless and until the
Agency denies the petition.
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II. Class of Motor Vehicles Involved

GM's Third Petition involves certain ``GMT900'' vehicles that
contain the covered passenger inflators (designated as inflator types
``SPI YP'' and ``PSPI-L YD''). GMT900 is a GM-specific vehicle platform
that forms the structural foundation for a variety of GM trucks and
sport utility vehicles, including: Chevrolet Silverado 1500, GMC Sierra
1500, Chevrolet Silverado 2500/3500, GMC Sierra 2500/3500, Chevrolet
Tahoe, Chevrolet Suburban, Chevrolet Avalanche, GMC Yukon, GMC Yukon
XL, Cadillac Escalade, Cadillac Escalade ESV, and Cadillac Escalade
EXT. The Third Petition involves the following GMT900 vehicles:
In Zone A, affected model year 2013 GMT900 vehicles. Zone
A comprises the following states and U.S. territories: Alabama,
California, Florida, Georgia, Hawaii, Louisiana, Mississippi, South
Carolina, Texas, Puerto Rico, American Samoa, Guam, the Northern
Mariana Islands (Saipan), and the U.S. Virgin Islands. See Amendment at
] 7.a.
In Zone B, affected model year 2010 GMT900 vehicles. Zone
B comprises the following states: Arizona, Arkansas, Delaware, District
of Columbia, Illinois, Indiana, Kansas, Kentucky, Maryland, Missouri,
Nebraska, Nevada, New Jersey, New Mexico, North Carolina, Ohio,
Oklahoma, Pennsylvania, Tennessee, Virginia, and West Virginia. See
Amendment at ] 7.b.
In Zone C, affected model year 2009 GMT900 vehicles. Zone
C comprises the following states: Alaska, Colorado, Connecticut, Idaho,
Iowa, Maine, Massachusetts, Michigan, Minnesota, Montana, New
Hampshire, New York, North Dakota, Oregon, Rhode Island, South Dakota,
Utah, Vermont, Washington, Wisconsin, and Wyoming. See Amendment at ]
7.c.

III. Summary of GM's Third Petition for Inconsequentiality

GM's Third Petition relies on arguments, data, and analysis in its
First and Second Petitions (and supplemental brief thereto),
information submitted to the Agency during briefings with NHTSA, and
additional arguments and engineering analysis as presented in the Third
Petition. See Third Petition at 1, 3. According to the Third Petition,
GM's originally planned Orbital ATK (``OATK'') inflator study is now
complete,\4\ which GM argues demonstrates the covered passenger
inflators in subject GMT900 vehicles ``will continue to operate safely
for decades, even in the highest temperature and humidity regions''--
i.e., that the covered passenger inflators, as integrated into the
GMT900 vehicles, do not present an unreasonable risk to safety. See id.
at 3.
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\4\ To supplement its internal analysis, GM retained a third-
party expert, OATK, to conduct a long-term aging study to estimate
the service life expectancy of the covered passenger inflators in
the GMT900 vehicles. See First Petition at 12. When NHTSA previously
deferred a decision on GM's First Petition, one of the conditions of
that deferral was that GM provide NHTSA with monthly updates on this
study.
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According to the Third Petition, GM's position is based upon the
following: field data, including GM's estimated 63,000 Takata passenger
air bag inflator deployments in GMT900 vehicles without a reported
rupture and ballistic tests of 4,205 covered passenger inflators
without a rupture or sign of abnormal deployment, and results of the
OATK study of inflators artificially exposed to additional humidity and
temperature cycling without a rupture or abnormal deployment, and
accompanying statistical interpretation of those results. Id. at 12-15.
GM further states that the covered passenger inflators are not used
by any other original equipment manufacturer and, further, that the
covered inflators have a number of unique design features that
influence burn rates and internal ballistic dynamics, including greater
vent-area-to-propellant-mass ratios, steel end caps, and thinner
propellant wafers. See id. at 6. In addition, GM states that the
physical environment of the GMT900 vehicles better protects the covered
passenger inflators from temperature cycling that can lead to
propellant degradation and, ultimately, inflator rupture. See id. at 7.
This notice serves to make the public aware of GM's pending request
to the agency and the period for public comment. Accordingly, it does
not address the substantive claims, or legal arguments or
interpretations, asserted by GM.

IV. Consolidation

GM's Third Petition for Inconsequentiality involves newer model
years of the same covered passenger inflators (i.e., frontal passenger
inflator types ``SPI YP'' and ``PSPI-L YD''), the same vehicle platform
(i.e., the GMT900), and similar purported evidence to support the
safety of the inflators (e.g., estimated field deployments, ballistic
testing), and relies upon the same OATK study as GM's First and Second
Petitions. Accordingly, it is appropriate to evaluate the First,
Second, and Third Petitions together. In the interest of clarity,
consistency, and efficiency, the Agency is consolidating the Third
Petition with the First and Second Petitions (the ``Consolidated
Petitions'') under Docket No. NHTSA-2016-0124.

V. Request To Defer Decision on Petition

GM states it believes the evidence it has thus far presented
``fully supports'' the relief it requests in the Consolidated
Petitions. Id. at 17. Alternatively, GM requests that NHTSA defer its
decision until March 31, 2018 Id. According to GM, this would allow it
to conduct further studies and analysis that can develop an estimate of
the covered inflators' likely service life beyond 30 years, as well as
a predictive model of service-life estimates to account for inflator
design and vehicle integration. See id.
NHTSA's grant of GM's request to defer a decision on the First
Petition until August 31, 2017 so that GM could provide additional
evidence, including concluding the OATK study, was unprecedented. As
NHTSA noted in granting that request, ``[o]rdinarily, under 49 CFR
556.4(b)(5), an inconsequentiality petition must set forth all data,
views, and arguments supporting that petition'' \5\ at the time of the
filing. Decision deferrals for inconsequentiality petitions are not
permitted, and permitting that practice would provide manufacturers
with an opportunity to endlessly delay remedy of vehicles in need of
repair. Here, one important factor in NHTSA's decision to grant the
deferral was GM's assertion that remedy parts would quickly be
available to the public in the event the petition was denied. NHTSA's
extraordinary grant of additional time to present information allowed
GM until

[[Page 15236]]

August 31, 2017 to provide data, and that date has passed. However,
following notice and an opportunity for comment, any decision on an
inconsequentiality petition can be reversed based on the presentation
of new evidence. 49 CFR 556.8. Accordingly, GM's request that NHTSA
defer decision on the Third Petition until March 31, 3017 is herein
denied. However, until NHTSA renders a decision on GM's Petitions, the
Agency will continue to accept and, to the extent feasible, consider
documents submitted relevant to the Petitions, which NHTSA will make
available for public comment in Docket No. NHTSA-2016-0124.
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\5\ General Motors LLC, Receipt of Petition for
Inconsequentiality and Decision Granting Request To File Out of Time
and Request for Deferral of Determination, 81 FR 85681, 85683-84.
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Accordingly, NHTSA hereby gives notice of its receipt of General
Motors LLC's Petition for Inconsequentiality Regarding Certain GMT900
Vehicles Equipped with Takata ``SPI YP'' and ``PSPI-L YD'' Passenger
Inflators Subject to January 2018 Takata Equipment DIR Filings. And it
is hereby ordered that:
1. The period for public comment on GM's Third Petition shall run
from the publication date of this notice through May 9, 2018;
2. GM's Third Petition is consolidated with the First and Second
Petitions; and
3. GM's request for a deferral of NHTSA's decision on its First,
Second, and Third Petitions to March 31, 2018, is denied.

Authority: 49 U.S.C. 30101, et seq., 30118, 30120(h), 30162,
30166(b)(1), 30166(g)(1); delegation of authority at 49 CFR 1.95(a);
49 CFR parts 556, 573, 577.

Issued: April 3, 2018.
Jonathan C. Morrison,
Chief Counsel.
[FR Doc. 2018-07188 Filed 4-6-18; 8:45 am]
BILLING CODE 4910-59-P

Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15233

without the exemption. The exemption driver response just as intensely as Eric J. Andersen (CT)
allows applicants to operate CMVs in interstate driving conditions. Mason M. Arends (CO)
interstate commerce. The applicants in this notice have Darin P. Ball (NY)
The Agency’s decision regarding these driven CMVs with their limited vision Freddie L. Boyd (MI)
exemption applications is based on in careers ranging for 2 to 46 years. In Larry W. Buchanan, Jr. (NM)
medical reports about the applicants’ the past three years, no drivers were Gerald R. Eister (NC)
vision as well as their driving records involved in crashes, and one driver was Joseph A. Kennedy (ME)
and experience driving with the vision convicted of moving violations in Kent E. Kirchner (IA)
deficiency. The qualifications, CMVs. All the applicants achieved a Veronica D. Lowe (ID)
experience, and medical condition of record of safety while driving with their Michael P. Meyer (WI)
each applicant were stated and vision impairment, demonstrating the Christopher T. Peevyhouse (TN)
discussed in detail in the December 11, likelihood that they have adapted their William L. Richardson, Jr. (IN)
2017, Federal Register notice (82 FR driving skills to accommodate their Russell J. Soland (MN)
58262) and will not be repeated in this condition. As the applicants’ ample William L. Sunkler (OR)
notice. driving histories with their vision Brian J. Tegeler (IL)
FMCSA recognizes that some drivers deficiencies are good predictors of William H. Wrice, Jr. (OH)
do not meet the vision requirement but future performance, FMCSA concludes In accordance with 49 U.S.C. 31136(e)
have adapted their driving to their ability to drive safely can be and 31315, each exemption will be valid
accommodate their limitation and projected into the future. for two years from the effective date
demonstrated their ability to drive Consequently, FMCSA finds that in unless revoked earlier by FMCSA. The
safely. The 16 exemption applicants each case exempting these applicants exemption will be revoked if the
listed in this notice are in this category. from the vision requirement in 49 CFR following occurs: (1) The person fails to
They are unable to meet the vision 391.41(b)(10) is likely to achieve a level comply with the terms and conditions
requirement in one eye for various of safety equal to that existing without of the exemption; (2) the exemption has
reasons, including amblyopia, the exemption. resulted in a lower level of safety than
chorioretinal scar, corneal scar,
V. Conditions and Requirements was maintained prior to being granted;
keratoconus, macular edema,
or (3) continuation of the exemption
nystagmus, optic atrophy, prosthetic The terms and conditions of the
would not be consistent with the goals
eye, retinal detachment, and retinal exemption are provided to the
and objectives of 49 U.S.C. 31136 and
scar. In most cases, their eye conditions applicants in the exemption document
31315.
were not recently developed. Ten of the and includes the following: (1) Each
applicants were either born with their driver must be physically examined Issued on: April 2, 2018.
vision impairments or have had them every year (a) by an ophthalmologist or Larry W. Minor,
since childhood. The six individuals optometrist who attests that the vision Associate Administrator for Policy.
that sustained their vision conditions as in the better eye continues to meet the [FR Doc. 2018–07184 Filed 4–6–18; 8:45 am]
adults have had it for a range of 4 to 18 standard in 49 CFR 391.41(b)(10) and (b) BILLING CODE 4910–EX–P
years. Although each applicant has one by a certified Medical Examiner who
eye which does not meet the vision attests that the individual is otherwise
requirement in 49 CFR 391.41(b)(10), physically qualified under 49 CFR DEPARTMENT OF TRANSPORTATION
each has at least 20/40 corrected vision 391.41; (2) each driver must provide a
in the other eye, and in a doctor’s copy of the ophthalmologist’s or National Highway Traffic Safety
opinion, has sufficient vision to perform optometrist’s report to the Medical Administration
all the tasks necessary to operate a CMV. Examiner at the time of the annual [Docket No. NHTSA–2016–0124; Notice 3]
Doctors’ opinions are supported by medical examination; and (3) each
the applicants’ possession of a valid driver must provide a copy of the General Motors LLC, Receipt of Third
license to operate a CMV. By meeting annual medical certification to the Petition for Inconsequentiality and
State licensing requirements, the employer for retention in the driver’s Notice of Consolidation
applicants demonstrated their ability to qualification file, or keep a copy in his/
operate a CMV, with their limited vision her driver’s qualification file if he/she is AGENCY: National Highway Traffic
in intrastate commerce, even though self-employed. The driver must also Safety Administration (NHTSA),
their vision disqualified them from have a copy of the exemption when Department of Transportation.
driving in interstate commerce. We driving, for presentation to a duly ACTION: Notice of receipt of petition and
believe that the applicants’ intrastate authorized Federal, State, or local decision denying request for deferral of
driving experience and history provide enforcement official. determination.
an adequate basis for predicting their
ability to drive safely in interstate VI. Preemption SUMMARY: On January 2, 2018, TK
commerce. Intrastate driving, like During the period the exemption is in Holdings Inc. (Takata) filed a defect
interstate operations, involves effect, no State shall enforce any law or information report (DIR), in which it
substantial driving on highways on the regulation that conflicts with this determined that a defect existed in
interstate system and on other roads exemption with respect to a person certain passenger-side air bag inflators
built to interstate standards. Moreover, operating under the exemption. that it manufactured, including
driving in congested urban areas passenger inflators that it supplied to
sradovich on DSK3GMQ082PROD with NOTICES

exposes the driver to more pedestrian VII. Conclusion General Motors, LLC (GM) for use in
and vehicular traffic than exists on Based upon its evaluation of the 16 certain GMT900 vehicles. GM has
interstate highways. Faster reaction to exemption applications, FMCSA petitioned the Agency for a decision
traffic and traffic signals is generally exempts the following drivers from the that, because of differences in inflator
required because distances between vision requirement, 49 CFR design and vehicle integration, the
them are more compact. These 391.41(b)(10), subject to the equipment defect determined to exist by
conditions tax visual capacity and requirements cited above: Takata is inconsequential as it relates to

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Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15235

NHTSA of its intention to file a petition III. Summary of GM’s Third Petition for arguments or interpretations, asserted
for inconsequentiality and Inconsequentiality by GM.
contemporaneously submitted to the GM’s Third Petition relies on IV. Consolidation
Agency a Petition for Inconsequentiality arguments, data, and analysis in its First
Regarding Certain GMT900 Vehicles GM’s Third Petition for
and Second Petitions (and supplemental Inconsequentiality involves newer
Equipped with Takata ‘‘SPI YP’’ and brief thereto), information submitted to
‘‘PSPI–L YD’’ Passenger Inflators model years of the same covered
the Agency during briefings with passenger inflators (i.e., frontal
Subject to January 2018 Takata NHTSA, and additional arguments and
Equipment DIR Filings (the ‘‘Third passenger inflator types ‘‘SPI YP’’ and
engineering analysis as presented in the ‘‘PSPI-L YD’’), the same vehicle
Petition for Inconsequentiality’’ or Third Petition. See Third Petition at 1, platform (i.e., the GMT900), and similar
‘‘Third Petition’’). GM’s Third Petition 3. According to the Third Petition, GM’s purported evidence to support the safety
requested that NHTSA grant GM’s First, originally planned Orbital ATK of the inflators (e.g., estimated field
Second and Third Petitions or, in the (‘‘OATK’’) inflator study is now deployments, ballistic testing), and
alternative, that NHTSA defer its complete,4 which GM argues relies upon the same OATK study as
decision on the First, Second, and Third demonstrates the covered passenger GM’s First and Second Petitions.
Petitions until March 31, 2018, which inflators in subject GMT900 vehicles Accordingly, it is appropriate to
would allow GM time to complete ‘‘will continue to operate safely for evaluate the First, Second, and Third
further study and analysis. decades, even in the highest Petitions together. In the interest of
II. Class of Motor Vehicles Involved temperature and humidity regions’’— clarity, consistency, and efficiency, the
i.e., that the covered passenger inflators, Agency is consolidating the Third
GM’s Third Petition involves certain as integrated into the GMT900 vehicles, Petition with the First and Second
‘‘GMT900’’ vehicles that contain the do not present an unreasonable risk to Petitions (the ‘‘Consolidated Petitions’’)
covered passenger inflators (designated safety. See id. at 3. under Docket No. NHTSA–2016–0124.
as inflator types ‘‘SPI YP’’ and ‘‘PSPI-L According to the Third Petition, GM’s
V. Request To Defer Decision on
YD’’). GMT900 is a GM-specific vehicle position is based upon the following:
Petition
platform that forms the structural field data, including GM’s estimated
foundation for a variety of GM trucks 63,000 Takata passenger air bag inflator GM states it believes the evidence it
and sport utility vehicles, including: deployments in GMT900 vehicles has thus far presented ‘‘fully supports’’
Chevrolet Silverado 1500, GMC Sierra without a reported rupture and ballistic the relief it requests in the Consolidated
tests of 4,205 covered passenger Petitions. Id. at 17. Alternatively, GM
1500, Chevrolet Silverado 2500/3500,
inflators without a rupture or sign of requests that NHTSA defer its decision
GMC Sierra 2500/3500, Chevrolet
abnormal deployment, and results of the until March 31, 2018 Id. According to
Tahoe, Chevrolet Suburban, Chevrolet
OATK study of inflators artificially GM, this would allow it to conduct
Avalanche, GMC Yukon, GMC Yukon further studies and analysis that can
XL, Cadillac Escalade, Cadillac Escalade exposed to additional humidity and
temperature cycling without a rupture develop an estimate of the covered
ESV, and Cadillac Escalade EXT. The inflators’ likely service life beyond 30
Third Petition involves the following or abnormal deployment, and
accompanying statistical interpretation years, as well as a predictive model of
GMT900 vehicles: service-life estimates to account for
of those results. Id. at 12–15.
• In Zone A, affected model year 2013 GM further states that the covered inflator design and vehicle integration.
GMT900 vehicles. Zone A comprises the passenger inflators are not used by any See id.
following states and U.S. territories: NHTSA’s grant of GM’s request to
other original equipment manufacturer
Alabama, California, Florida, Georgia, defer a decision on the First Petition
and, further, that the covered inflators
Hawaii, Louisiana, Mississippi, South until August 31, 2017 so that GM could
have a number of unique design features
Carolina, Texas, Puerto Rico, American provide additional evidence, including
that influence burn rates and internal
Samoa, Guam, the Northern Mariana concluding the OATK study, was
ballistic dynamics, including greater
Islands (Saipan), and the U.S. Virgin unprecedented. As NHTSA noted in
vent-area-to-propellant-mass ratios, steel
Islands. See Amendment at ¶ 7.a. granting that request, ‘‘[o]rdinarily,
end caps, and thinner propellant wafers.
under 49 CFR 556.4(b)(5), an
• In Zone B, affected model year 2010 See id. at 6. In addition, GM states that
inconsequentiality petition must set
GMT900 vehicles. Zone B comprises the the physical environment of the
forth all data, views, and arguments
following states: Arizona, Arkansas, GMT900 vehicles better protects the supporting that petition’’ 5 at the time of
Delaware, District of Columbia, Illinois, covered passenger inflators from the filing. Decision deferrals for
Indiana, Kansas, Kentucky, Maryland, temperature cycling that can lead to inconsequentiality petitions are not
Missouri, Nebraska, Nevada, New propellant degradation and, ultimately, permitted, and permitting that practice
Jersey, New Mexico, North Carolina, inflator rupture. See id. at 7. would provide manufacturers with an
Ohio, Oklahoma, Pennsylvania, This notice serves to make the public opportunity to endlessly delay remedy
Tennessee, Virginia, and West Virginia. aware of GM’s pending request to the of vehicles in need of repair. Here, one
See Amendment at ¶ 7.b. agency and the period for public important factor in NHTSA’s decision to
• In Zone C, affected model year 2009 comment. Accordingly, it does not grant the deferral was GM’s assertion
GMT900 vehicles. Zone C comprises the address the substantive claims, or legal that remedy parts would quickly be
following states: Alaska, Colorado, available to the public in the event the
sradovich on DSK3GMQ082PROD with NOTICES

4 To supplement its internal analysis, GM
Connecticut, Idaho, Iowa, Maine, petition was denied. NHTSA’s
retained a third-party expert, OATK, to conduct a
Massachusetts, Michigan, Minnesota, long-term aging study to estimate the service life
extraordinary grant of additional time to
Montana, New Hampshire, New York, expectancy of the covered passenger inflators in the present information allowed GM until
North Dakota, Oregon, Rhode Island, GMT900 vehicles. See First Petition at 12. When
NHTSA previously deferred a decision on GM’s 5 General Motors LLC, Receipt of Petition for
South Dakota, Utah, Vermont, First Petition, one of the conditions of that deferral Inconsequentiality and Decision Granting Request
Washington, Wisconsin, and Wyoming. was that GM provide NHTSA with monthly updates To File Out of Time and Request for Deferral of
See Amendment at ¶ 7.c. on this study. Determination, 81 FR 85681, 85683–84.

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15236 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

August 31, 2017 to provide data, and SW 1st Avenue, Room 1014, Miami, FL Due to limited conference lines,
that date has passed. However, 33130. Telephone (305) 982–5364 (not a notification of intent to participate must
following notice and an opportunity for toll free number). be made with Rosalind Matherne. For
comment, any decision on an SUPPLEMENTARY INFORMATION: Notice is more information please contact
inconsequentiality petition can be hereby given pursuant to section Rosalind Matherne at 1–888–912–1227
reversed based on the presentation of 10(a)(2) of the Federal Advisory or 202–317–4115, or write TAP Office,
new evidence. 49 CFR 556.8. Committee Act, 5 U.S.C. App., that a 1111 Constitution Ave. NW, Room 1509,
Accordingly, GM’s request that NHTSA closed meeting of the Art Advisory Washington, DC 20224 or contact us at
defer decision on the Third Petition Panel will be held at 290 Broadway, the website: http://www.improveirs.org.
until March 31, 3017 is herein denied. New York, NY 10007. The agenda will include various IRS
However, until NHTSA renders a The agenda will consist of the review issues.
decision on GM’s Petitions, the Agency and evaluation of the acceptability of The committee will be discussing
will continue to accept and, to the fair market value appraisals of works of Toll-free issues and public input is
extent feasible, consider documents art involved in Federal income, estate, welcomed.
submitted relevant to the Petitions, or gift tax returns. This will involve the Dated: April 3, 2018.
which NHTSA will make available for discussion of material in individual tax Otis Simpson,
public comment in Docket No. NHTSA– returns made confidential by the
2016–0124. Acting Director, Taxpayer Advocacy Panel.
provisions of 26 U.S.C. 6103.
Accordingly, NHTSA hereby gives [FR Doc. 2018–07172 Filed 4–6–18; 8:45 am]
A determination as required by
notice of its receipt of General Motors section 10(d) of the Federal Advisory BILLING CODE 4830–01–P
LLC’s Petition for Inconsequentiality Committee Act has been made that this
Regarding Certain GMT900 Vehicles meeting is concerned with matters listed
Equipped with Takata ‘‘SPI YP’’ and DEPARTMENT OF THE TREASURY
in sections 552b(c)(3), (4), (6), and (7),
‘‘PSPI-L YD’’ Passenger Inflators Subject of the Government in the Sunshine Act,
to January 2018 Takata Equipment DIR Internal Revenue Service
and that the meeting will not be open
Filings. And it is hereby ordered that: to the public. Open Meeting of the Taxpayer
1. The period for public comment on
Advocacy Panel Taxpayer Assistance
GM’s Third Petition shall run from the Donna Hansberry,
Center Improvements Project
publication date of this notice through Chief, Appeals.
May 9, 2018; Committee
[FR Doc. 2018–07174 Filed 4–6–18; 8:45 am]
2. GM’s Third Petition is consolidated BILLING CODE 4830–01–P AGENCY: Internal Revenue Service (IRS),
with the First and Second Petitions; and Treasury.
3. GM’s request for a deferral of
ACTION: Notice of meeting.
NHTSA’s decision on its First, Second, DEPARTMENT OF THE TREASURY
and Third Petitions to March 31, 2018, SUMMARY: The Taxpayer Advocacy
is denied. Internal Revenue Service Panel Taxpayer Assistance Center
Authority: 49 U.S.C. 30101, et seq., 30118, Improvements Project Committee will
30120(h), 30162, 30166(b)(1), 30166(g)(1); Open Meeting of the Taxpayer conduct an open meeting and will
delegation of authority at 49 CFR 1.95(a); 49 Advocacy Panel Toll-Free Phone Line solicit public comments, ideas, and
CFR parts 556, 573, 577. Project Committee suggestions on improving customer
Issued: April 3, 2018. AGENCY: Internal Revenue Service (IRS) service at the Internal Revenue Service.
Jonathan C. Morrison, Treasury. DATES: The meeting will be held
Chief Counsel. ACTION: Notice of meeting. Tuesday, May 15, 2018.
[FR Doc. 2018–07188 Filed 4–6–18; 8:45 am] FOR FURTHER INFORMATION CONTACT:
BILLING CODE 4910–59–P SUMMARY: An open meeting of the Gilbert Martinez at 1–888–912–1227 or
Taxpayer Advocacy Panel Toll-Free (737) 800–4060.
Phone Line Project Committee will be
SUPPLEMENTARY INFORMATION: Notice is
DEPARTMENT OF THE TREASURY conducted. The Taxpayer Advocacy
hereby given pursuant to Section
Panel is soliciting public comments,
10(a)(2) of the Federal Advisory
Internal Revenue Service ideas, and suggestions on improving
Committee Act, 5 U.S.C. App. (1988)
customer service at the Internal Revenue
Art Advisory Panel—Notice of Closed that a meeting of the Taxpayer
Service.
Meeting Advocacy Panel Taxpayer Assistance
DATES: The meeting will be held Center Improvements Project Committee
AGENCY: Internal Revenue Service, Tuesday, May 8, 2018. will be held Tuesday, May 15, 2018, at
Treasury. FOR FURTHER INFORMATION CONTACT: 4:00 p.m. Eastern Time. The public is
ACTION: Notice of closed meeting of Art Rosalind Matherne at 1–888–912–1227 invited to make oral comments or
Advisory Panel. or 202–317–4115. submit written statements for
SUPPLEMENTARY INFORMATION: Notice is consideration. Due to limited
SUMMARY: Closed meeting of the Art hereby given pursuant to Section conference lines, notification of intent
Advisory Panel will be held in New 10(a)(2) of the Federal Advisory to participate must be made with Gilbert
York, NY. Committee Act, 5 U.S.C. App. (1988) Martinez. For more information please
sradovich on DSK3GMQ082PROD with NOTICES

DATES: The meeting will be held April that an open meeting of the Taxpayer contact Gilbert Martinez at 1–888–912–
19, 2018. Advocacy Panel Toll-Free Phone Line 1227 or (737) 800–4060, or write TAP
ADDRESSES: The closed meeting of the Project Committee will be held Tuesday, Office 3651 S. IH–35, STOP 1005 AUSC,
Art Advisory Panel will be held at 290 May 8, 2018, at 3:00 p.m. Eastern Time Austin, TX 78741, or post comments to
Broadway, New York, NY 10007. via teleconference. The public is invited the website: http://www.improveirs.org.
FOR FURTHER INFORMATION CONTACT: to make oral comments or submit The committee will be discussing
Maricarmen Cuello, AP:SEPR:AAS, 51 written statements for consideration. various issues related to the Taxpayer

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Document Created: 2018-04-07 02:39:12
Document Modified: 2018-04-07 02:39:12

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		Notice of receipt of petition and decision denying request for deferral of determination.
Dates		The closing date for comments is May 9, 2018.
Contact		For legal issues: Stephen Hench, Office of the Chief Counsel, NCC-100, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 (telephone: (202) 366-5263).
FR Citation		83 FR 15233

83 FR 15233 - General Motors LLC, Receipt of Third Petition for Inconsequentiality and Notice of Consolidation

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 83, Issue 68 (April 9, 2018)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration