83 FR 16428 - General Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 83, Issue 73 (April 16, 2018)
National Highway Traffic Safety Administration
Federal Register Volume 83, Issue 73 (April 16, 2018)
| Page Range | 16428-16430 | |
| FR Document | 2018-07827 |
[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)] [Notices] [Pages 16428-16430] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07827] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2016-0140; 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) 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 then amended their report on April 7, 2017. GM subsequently petitioned NHTSA on January 5, 2017, and later revised it on April 7, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. FOR FURTHER INFORMATION CONTACT: Kerrin Bressant, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366-1110, facsimile (202) 366-5930. SUPPLEMENTARY INFORMATION: I. Overview: GM has determined that certain MY 2014-2016 GM motor vehicles do not fully comply with paragraph S4.4.2(e) of 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 (49 CFR 571.110). GM filed a noncompliance report dated December 6, 2016, and then amended their report on April 7, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. GM subsequently petitioned NHTSA on January 5, 2017, and later revised it 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. Notice of receipt of the petition was published, with a 30-day public comment period on May 11, 2017, in the Federal Register (82 FR 22058). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) web page at: http://www.regulations.gov/. Then follow the online search instruction to locate docket number ``NHTSA-2016-0140.'' 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 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 Requirements: Paragraph S4.4.2(e) of FMVSS No. 110 titled ``Rim Markings for Vehicles Other than Passenger Cars'' includes the requirements relevant to this petition: Each rim or, at the option of the manufacturer in the case of a single- [[Page 16429]] piece wheel, each wheel disc shall be marked with the information listed in paragraphs 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. 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''. 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. 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 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. GM's complete petition and all supporting documents are available by logging onto the Federal Docket Management System (FDMS) website at: https://www.regulations.gov and following the online search instructions to locate the docket number listed in the title of this petition. NHTSA Decision NHTSA Analysis: FMVSS No. 110, paragraph S4.4.2(e), requires that a manufacturer using a symbol to identify the date of manufacture on its rims provide a detailed narrative to NHTSA of how the month, day and year, or month and year, are depicted by the symbol, and notify NHTSA not less than 60 calendar days before the first use of the symbol. In this case, GM did not properly submit the symbol information or notify NHTSA before first use. GM pointed out that the actual marking method nor the timely disclosure of the method to NHTSA would have any effect on the operation, performance, or safety of the affected vehicles and that the main reason for date codes on rims is for traceability in the event of a recall. NHTSA would agree that date of manufacture stamped on the rim, if correct, is essential for identifying production scope in the event of a recall, but the marking itself does not affect the performance and safety of the rims. Since this issue was brought to the attention of the agency, GM has submitted the required notification and details of the date symbols used on the impacted vehicle rims, and the agency confirmed that the symbols used provide the month and year information required. GM concluded by noting the fact that the issue was corrected in production on April 25, 2015. Dicastal subsequently registered the marking method(s) by filing the required submission with NHTSA on May 13, 2015. NHTSA's Decision: In consideration of the foregoing, NHTSA has decided that GM has met its burden of persuasion that the subject FMVSS No. 110 noncompliance is inconsequential to motor vehicle safety. Accordingly, GM's petition is hereby granted and GM is exempted from the obligation of providing notification of, and a 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, 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 [[Page 16430]] 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. Claudia W. Covell, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. 2018-07827 Filed 4-13-18; 8:45 am] BILLING CODE 4910-59-P
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2. The glass required for the subject inconsequentiality allow NHTSA to SUPPLEMENTARY INFORMATION:
buses and school buses must meet the exempt manufacturers only from the I. Overview: GM has determined that
requirements of ANSI 26.1–1996 AS2. duties found in sections 30118 and certain MY 2014–2016 GM motor
Forest River requested that a sample of 30120, respectively, to notify owners, vehicles do not fully comply with
the glass be tested to ensure its purchasers, and dealers of a defect or paragraph S4.4.2(e) of FMVSS No. 110,
compliance with all applicable noncompliance and to remedy the Tire Selection and Rims and Motor
standards. The test results have affirmed defect or noncompliance. Therefore, any Home/Recreation Vehicle Trailer Load
that the glass indeed meets ANSI 26.1– decision on this petition only applies to Carrying Capacity Information for Motor
1996 AS2’s requirements and is the subject buses that Forest River no Vehicles with a GVWR of 4,536
compliant for the designed position in longer controlled at the time it kilograms (10,000 pounds)or Less (49
which it is applied. determined that the noncompliance CFR 571.110). GM filed a
3. Forest River is enclosing copies of existed. However, any decision on this noncompliance report dated December
statements from the glass manufacturer petition does not relieve vehicle 6, 2016, and then amended their report
Cleer Vision, and test data confirming distributors and dealers of the on April 7, 2017, pursuant to 49 CFR
the glass’ compliance with ANSI and prohibitions on the sale, offer for sale, part 573, Defect and Noncompliance
FMVSS No. 205’s performance or introduction or delivery for Responsibility and Reports. GM
standards. introduction into interstate commerce of subsequently petitioned NHTSA on
4. Forest River stated that the agency the noncompliant buses under their January 5, 2017, and later revised it on
has previously granted numerous control after Forest River notified them April 7, 2017, pursuant to 49 U.S.C.
petitions for determinations of that the subject noncompliance existed. 30118(d) and 30120(h) and 49 CFR part
inconsequential noncompliance in 556, for an exemption from the
Authority: 49 U.S.C. 30118, 30120:
regard to FMVSS No. 205, including delegations of authority at 49 CFR 1.95 and notification and remedy requirements of
petitions involving mismarkings similar 501.8. 49 U.S.C. Chapter 301 on the basis that
to the instant matter. See the following this noncompliance is inconsequential
recent examples: Claudia W. Covell, as it relates to motor vehicle safety.
a. Mitsubishi Motors North America, Acting Director, Office of Vehicle Safety Notice of receipt of the petition was
Inc. Petition, 80 FR 72482 (November Compliance. published, with a 30-day public
19, 2015) (involving rear door windows [FR Doc. 2018–07828 Filed 4–13–18; 8:45 am] comment period on May 11, 2017, in the
marked with the model number ‘‘M66’’ BILLING CODE 4910–59–P Federal Register (82 FR 22058). No
instead of the correct ‘‘M131’’); comments were received. To view the
b. Custom Glass Solutions Upper petition and all supporting documents
Sandusky Corporation Petition, 79 FR DEPARTMENT OF TRANSPORTATION log onto the Federal Docket
49833 (January 23, 2015) (involving Management System (FDMS) web page
laminated glass panes mistakenly National Highway Traffic Safety
at: http://www.regulations.gov/. Then
marked as ‘‘tempered’’ and with the Administration
follow the online search instruction to
incorrect manufacturer’s DOT number, [Docket No. NHTSA–2016–0140; Notice 2] locate docket number ‘‘NHTSA–2016–
model number, and manufacturer’s 0140.’’
trademark). General Motors, LLC, Grant of Petition II. Vehicles Involved: Approximately
c. Mitsubishi Motors North America, for Decision of Inconsequential 130,088 of the following MY 2014–2016
Inc. Petition, 79 FR 49833 (August 22, Noncompliance GM motor vehicles manufactured
2014) (involving rear door windows between August 7, 2014, and June 15,
marked with the model number ‘‘M13l’’ AGENCY: National Highway Traffic
Safety Administration (NHTSA), 2015, are potentially involved:
instead of the correct ‘‘M129’’);
d. General Motors LLC Petition, 79 FR Department of Transportation (DOT). • 2015–2016 Cadillac Escalade
23402 (April 28, 2014) (involving ACTION: Grant of petition. • 2015–2016 Cadillac Escalade ESV
quarter windows marked as ‘‘AS2’’ • 2015 Cadillac SRX
instead of the correct ‘‘AS3’’). SUMMARY: General Motors, LLC (GM), • 2015–2016 Chevrolet Tahoe
Forest River concluded by expressing has determined that certain model year • 2015–2016 GMC Yukon
the belief that the subject (MY) 2014–2016 GM motor vehicles do • 2015–2016 GMC Yukon XL
noncompliance is inconsequential as it not fully comply with Federal Motor • 2014–2015 GMC Sierra
relates to motor vehicle safety, and that Vehicle Safety Standard (FMVSS) No. • 2014–2015 Chevrolet Silverado
its petition to be exempted from 110, Tire Selection and Rims and Motor • 2015–2016 Chevrolet Suburban
providing notification of the Home/Recreation Vehicle Trailer Load III. Noncompliance: GM explains that
noncompliance, as required by 49 Carrying Capacity Information for Motor the noncompliance is that the subject
U.S.C. 30118, and a remedy for the Vehicles with a GVWR of 4,536 vehicles are equipped with wheels
noncompliance, as required by 49 kilograms (10,000 pounds)or Less. GM supplied by Citic Dicastal Co. LTD
U.S.C. 30120, should be granted. filed a noncompliance Report dated (Dicastal) that are marked with
Forest River’s complete petition and December 6, 2016, and then amended unregistered date of manufacture marks
all supporting documents are available their report on April 7, 2017. GM that were not previously disclosed to
by logging onto the Federal Docket subsequently petitioned NHTSA on NHTSA and therefore, do not comply
Management System (FDMS) website at: January 5, 2017, and later revised it on with paragraph S4.4.2(e) of FMVSS No.
https://www.regulations.gov and April 7, 2017, for a decision that the 110.
srobinson on DSK3G9T082PROD with NOTICES
following the online search instructions subject noncompliance is IV. Rule Requirements: Paragraph
to locate the docket number listed in the inconsequential as it relates to motor S4.4.2(e) of FMVSS No. 110 titled ‘‘Rim
title of this notice. vehicle safety. Markings for Vehicles Other than
NHTSA notes that the statutory FOR FURTHER INFORMATION CONTACT: Passenger Cars’’ includes the
provisions (49 U.S.C. 30118(d) and Kerrin Bressant, Office of Vehicle Safety requirements relevant to this petition:
30120(h)) that permit manufacturers to Compliance, NHTSA, telephone (202) • Each rim or, at the option of the
file petitions for a determination of 366–1110, facsimile (202) 366–5930. manufacturer in the case of a single-
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control after GM notified them that the www.regulations.gov/. Follow the online 30118 and 30120 and does not represent
subject noncompliance existed. instructions for submitting comments. any agency decision or other exercise of
Authority: 49 U.S.C. 30118, 30120: • Comments may also be faxed to judgment concerning the merits of the
delegations of authority at 49 CFR 1.95 and (202) 493–2251. petition.
501.8. Comments must be written in the II. Vehicles Involved: Approximately
English language, and be no greater than 287,064 MY 2013–2017 Jeep Compass
Claudia W. Covell, 15 pages in length, although there is no motor vehicles, manufactured between
Acting Director, Office of Vehicle Safety limit to the length of necessary January 18, 2013, and December 23,
Compliance. attachments to the comments. If 2016, are potentially involved.
[FR Doc. 2018–07827 Filed 4–13–18; 8:45 am] comments are submitted in hard copy III. Noncompliance: FCA US explains
BILLING CODE 4910–59–P form, please ensure that two copies are that the noncompliance is that the
provided. If you wish to receive subject vehicles were equipped with
confirmation that comments you have liftgate privacy glass that does not fully
DEPARTMENT OF TRANSPORTATION submitted by mail were received, please comply with paragraph S6 of FMVSS
enclose a stamped, self-addressed No. 205. Specifically, the liftgate glass
National Highway Traffic Safety postcard with the comments. Note that has the AS2 solar glazing marking when
Administration all comments received will be posted it should have been marked with the
without change to https:// AS3 privacy glazing marking.
[Docket No. NHTSA–2017–0098; Notice 1] www.regulations.gov, including any IV. Rule Requirements: Paragraphs S6,
personal information provided. S6.1(a)(b), S6.2, and S6.3(a)(b) of
FCA US, LLC, Receipt of Petition for All comments and supporting
Decision of Inconsequential FMVSS No. 205 include the
materials received before the close of requirements relevant to this petition:
Noncompliance business on the closing date indicated
above will be filed in the docket and • A Prime glazing material manufacturer
AGENCY: National Highway Traffic must certify, in accordance with 49 U.S.C.
Safety Administration (NHTSA), U.S. will be considered. All comments and 30115, each piece of glazing material to
Department of Transportation (DOT). supporting materials received after the which this standard applies is designed as:
closing date will also be filed and will A. A component of any specific motor
ACTION: Receipt of petition.
be considered to the fullest extent vehicle or camper; or
SUMMARY: FCA US, LLC (f/k/a Chrysler possible. B. to be cut into components for use in
Group, LLC ‘‘FCA US’’), has determined When the petition is granted or motor vehicles or items of motor vehicle
that certain model year (MY) 2013–2017 denied, notice of the decision will also equipment.
be published in the Federal Register • A prime glazing manufacturer certifies
Jeep Compass motor vehicles do not its glazing by adding to the marks required
fully comply with Federal Motor pursuant to the authority indicated at
the end of this notice. by section 7 of ANSI/SAE Z26.1–1996, in
Vehicle Safety Standard (FMVSS) No. letters and numerals of the same size, the
All comments, background
205, Glazing Materials. FCA US filed a symbol ‘‘DOT’’ and a manufacturer’s code
documentation, and supporting
noncompliance report dated October 10, mark that NHTSA assigns to the
materials submitted to the docket may manufacturer.
2017. FCA US also petitioned NHTSA
be viewed by anyone at the address and • NHTSA will assign a code mark to a
on November 2, 2017, for a decision that
times given above. The documents may manufacturer after the manufacturer submits
the subject noncompliance is
also be viewed on the internet at https:// a written request to the Office of Vehicle
inconsequential as it relates to motor
www.regulations.gov by following the Safety Compliance, National Highway Traffic
vehicle safety. Safety Administration. The request must
online instructions for accessing the
DATES: The closing date for comments dockets. The docket ID number for this include the company name, address, and a
on the petition is May 16, 2018. petition is shown in the heading of this statement from the manufacturer certifying
ADDRESSES: Interested persons are its status as a prime glazing manufacturer as
notice.
defined in paragraph S4.
invited to submit written data, views, DOT’s complete Privacy Act
• A manufacturer or distributor who cuts
and arguments on this petition. Statement is available for review in a a section of glazing material to which this
Comments must refer to the docket and Federal Register notice published on standard applies, for use in a motor vehicle
notice number cited in the title of this April 11, 2000, (65 FR 19477–78). or camper, must:
notice and submitted by any of the SUPPLEMENTARY INFORMATION: A. Mark that material in accordance with
following methods: I. Overview: FCA US, has determined section 7 of ANSI/SAE Z26.1–1996; and
• Mail: Send comments by mail that certain MY 2013–2017 Jeep B. certify that its product complies with
addressed to U.S. Department of Compass motor vehicles do not fully this standard in accordance with 49 U.S.C.
Transportation, Docket Operations, M– comply with FMVSS No. 205, Glazing 30115.
30, West Building Ground Floor, Room Materials (49 CFR 571.205). FCA US V. Summary of FCA US’s Petition:
W12–140, 1200 New Jersey Avenue SE, filed a noncompliance report dated FCA US described the subject
Washington, DC 20590. October 10, 2017, pursuant to 49 CFR noncompliance and stated its belief that
• Hand Delivery: Deliver comments part 573, Defect and Noncompliance the noncompliance is inconsequential
by hand to U.S. Department of Responsibility and Reports. FCA US as it relates to motor vehicle safety.
Transportation, Docket Operations, M– also petitioned NHTSA on November 2, In support of its petition, FCA US
30, West Building Ground Floor, Room 2017, pursuant to 49 U.S.C. 30118(d) submitted the following reasoning:
W12–140, 1200 New Jersey Avenue SE, and 30120(h) and 49 CFR part 556, for 1. The liftgate glass glazing of the
srobinson on DSK3G9T082PROD with NOTICES
Washington, DC 20590. The Docket an exemption from the notification and affected vehicles otherwise meets all
Section is open on weekdays from 10 remedy requirements of 49 U.S.C. marking and performance requirements
a.m. to 5 p.m. except Federal Holidays. Chapter 301 on the basis that this of FMVSS No. 205 and ANSI Z26.1, and
• Electronically: Submit comments noncompliance is inconsequential as it as NHTSA has previously noted, ‘‘The
electronically by logging onto the relates to motor vehicle safety. purpose of this standard [FMVSS No.
Federal Docket Management System This notice of receipt of FCA US’s 205] is to ensure a necessary degree of
(FDMS) website at https:// petition is published under 49 U.S.C. transparency in motor vehicle windows
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Document Created: 2018-04-14 02:19:10
Document Modified: 2018-04-14 02:19:10
| 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. | |
| Contact | Kerrin Bressant, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366-1110, facsimile (202) 366-5930. | |
| FR Citation | 83 FR 16428 |
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