83 FR 24162 - General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 83, Issue 101 (May 24, 2018)
National Highway Traffic Safety Administration
Federal Register Volume 83, Issue 101 (May 24, 2018)
| Page Range | 24162-24163 | |
| FR Document | 2018-11096 |
[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)] [Notices] [Pages 24162-24163] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11096] [[Page 24162]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2018-0054; 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) 2018 Buick Regal motor vehicles do not comply with Federal Motor Vehicle Safety Standard (FMVSS) 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 April 4, 2018, and subsequently petitioned NHTSA on April 27, 2018, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. DATES: Send comments on or before June 25, 2018. 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) website 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: GM has determined that certain MY 2018 Buick Regal motor vehicles do not fully comply with the requirements of paragraph S4.3 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 April 4, 2018, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports, and subsequently petitioned NHTSA on April 27, 2018, 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 1,029 MY 2018 Buick Regal vehicles manufactured between August 22, 2017 and February 15, 2018, are potentially involved. III. Noncompliance: GM explains that the noncompliance is that the subject vehicles were equipped with tire placards that incorrectly state the spare tire size and cold tire pressure. Specifically, the tire placards state that the spare tire size is ``None'' when in fact it should have been ``T125/70R17'' and omitted the cold tire pressure for the spare tire when it should have read ``420 kPa, 60 psi,'' as required by paragraph S4.3 of FMVSS No. 110. IV. Rule Requirements: Paragraph S4.3 of FMVSS 110, includes the requirements relevant to this petition: Each vehicle, except for a trailer or incomplete vehicle, shall show the information specified in paragraph S4.3 (a) through (g), and may show, at the manufacturer's option, the information specified in paragraph S4.3 (h) and (i), on a placard permanently affixed to the vehicle on the driver's side B- pillar. The required information relevant to this petition falls under S4.3 (c) and (d), which are the manufacturer's recommended cold inflation and tire size for all tires, including the spare, respectively. V. Summary of Petition: GM described the subject noncompliance and stated its belief that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, GM submitted the following reasoning: 1. There is no issue with the spare tire itself, it's safe and nondefective. The only issue here is that certain information about the spare tire is not listed on the vehicle placard. But that is inconsequential because that information is provided in other locations. 2. Specifically, the spare tire information is located in at least three places: (1) On the sidewall of the spare tire; (2) in the owner's manual, which the vehicle placard specifically directs the customer to for additional information; and (3) on the Monroney label. 3. There is no issue with the road tires and the information on the vehicle placard for the road tires is correct. 4. In the event of a flat tire, the customer will have a spare tire that is labeled with the proper inflation pressure and has a sufficient load rating for the vehicle. It will be immediately apparent to any customer potentially confused by the ``none'' language that the vehicle has a spare tire when they lift the liftgate as explained in the [[Page 24163]] owner's manual. In addition, the fact that the vehicle has a spare tire is explained on the Monroney label. 5. The spare-tire size and pressure information is readily available from additional sources (e.g., any automotive dealer or tire replacement facility), and on GM's or the tire retailer's website. 6. Most, if not all, temporary spare tires have the same cold tire pressure, which is 60 psi. The 60 psi pressure is an industry standard and it is set by at least two governing bodies, the U.S. Tire and Rim Association and the European Tire Rim Technical Organization. 7. All other information on the vehicle placard is correct. 8. NHTSA has previously granted similar inconsequential petitions with respect to FMVSS No. 110 noncompliances. 9. GM is not aware of any field or owner complaints associated with this issue. GM is also not aware of any crashes or injuries associated with this condition. 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 by following the online search instructions to locate the docket number as listed in the title 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). Michael A. Cole, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. 2018-11096 Filed 5-23-18; 8:45 am] BILLING CODE 4910-59-P
![24162 Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Notices
DEPARTMENT OF TRANSPORTATION comments are submitted in hard copy II. Vehicles Involved: Approximately
form, please ensure that two copies are 1,029 MY 2018 Buick Regal vehicles
National Highway Traffic Safety provided. If you wish to receive manufactured between August 22, 2017
Administration confirmation that comments you have and February 15, 2018, are potentially
submitted by mail were received, please involved.
[Docket No. NHTSA–2018–0054; Notice 1]
enclose a stamped, self-addressed III. Noncompliance: GM explains that
General Motors, LLC, Receipt of postcard with the comments. Note that the noncompliance is that the subject
Petition for Decision of all comments received will be posted vehicles were equipped with tire
Inconsequential Noncompliance without change to https:// placards that incorrectly state the spare
www.regulations.gov, including any tire size and cold tire pressure.
AGENCY: National Highway Traffic personal information provided. Specifically, the tire placards state that
Safety Administration (NHTSA), All comments and supporting the spare tire size is ‘‘None’’ when in
Department of Transportation (DOT). materials received before the close of fact it should have been ‘‘T125/70R17’’
ACTION: Receipt of petition. business on the closing date indicated and omitted the cold tire pressure for
above will be filed in the docket and the spare tire when it should have read
SUMMARY: General Motors, LLC (GM), will be considered. All comments and ‘‘420 kPa, 60 psi,’’ as required by
has determined that certain model year supporting materials received after the paragraph S4.3 of FMVSS No. 110.
(MY) 2018 Buick Regal motor vehicles closing date will also be filed and will IV. Rule Requirements: Paragraph
do not comply with Federal Motor be considered to the fullest extent S4.3 of FMVSS 110, includes the
Vehicle Safety Standard (FMVSS) 110, possible. requirements relevant to this petition:
Tire Selection and Rims and Motor When the petition is granted or Each vehicle, except for a trailer or
Home/Recreation Vehicle Trailer Load denied, notice of the decision will also incomplete vehicle, shall show the
Carrying Capacity Information for Motor be published in the Federal Register information specified in paragraph S4.3
Vehicles with a GVWR of 4,536 pursuant to the authority indicated at (a) through (g), and may show, at the
kilograms (10,000 pounds) or Less. GM the end of this notice. manufacturer’s option, the information
filed a noncompliance report dated All comments, background specified in paragraph S4.3 (h) and (i),
April 4, 2018, and subsequently documentation, and supporting on a placard permanently affixed to the
petitioned NHTSA on April 27, 2018, materials submitted to the docket may vehicle on the driver’s side B-pillar. The
for a decision that the subject be viewed by anyone at the address and required information relevant to this
noncompliance is inconsequential as it times given above. The documents may petition falls under S4.3 (c) and (d),
relates to motor vehicle safety. also be viewed on the internet at https:// which are the manufacturer’s
www.regulations.gov by following the recommended cold inflation and tire
DATES: Send comments on or before
online instructions for accessing the size for all tires, including the spare,
June 25, 2018.
dockets. The docket ID number for this respectively.
ADDRESSES: Interested persons are petition is shown in the heading of this V. Summary of Petition: GM
invited to submit written data, views, notice. described the subject noncompliance
and arguments on this petition. DOT’s complete Privacy Act and stated its belief that the
Comments must refer to the docket and Statement is available for review in a noncompliance is inconsequential as it
notice number cited in the title of this Federal Register notice published on relates to motor vehicle safety.
notice and submitted by any of the April 11, 2000, (65 FR 19477–78). In support of its petition, GM
following methods: SUPPLEMENTARY INFORMATION: submitted the following reasoning:
• Mail: Send comments by mail I. Overview: GM has determined that 1. There is no issue with the spare tire
addressed to U.S. Department of certain MY 2018 Buick Regal motor itself, it’s safe and nondefective. The
Transportation, Docket Operations, vehicles do not fully comply with the only issue here is that certain
M–30, West Building Ground Floor, requirements of paragraph S4.3 of information about the spare tire is not
Room W12–140, 1200 New Jersey FMVSS No. 110, Tire Selection and listed on the vehicle placard. But that is
Avenue SE, Washington, DC 20590. Rims and Motor Home/Recreation inconsequential because that
• Hand Delivery: Deliver comments Vehicle Trailer Load Carrying Capacity information is provided in other
by hand to U.S. Department of Information for Motor Vehicles with a locations.
Transportation, Docket Operations, GVWR of 4,536 kilograms (10,000 2. Specifically, the spare tire
M–30, West Building Ground Floor, pounds) or Less (49 CFR 571.110). GM information is located in at least three
Room W12–140, 1200 New Jersey filed a noncompliance report dated places: (1) On the sidewall of the spare
Avenue SE, Washington, DC 20590. The April 4, 2018, pursuant to 49 CFR part tire; (2) in the owner’s manual, which
Docket Section is open on weekdays 573, Defect and Noncompliance the vehicle placard specifically directs
from 10 a.m. to 5 p.m. except Federal Responsibility and Reports, and the customer to for additional
Holidays. subsequently petitioned NHTSA on information; and (3) on the Monroney
• Electronically: Submit comments April 27, 2018, pursuant to 49 U.S.C. label.
electronically by logging onto the 30118(d) and 30120(h) and 49 CFR part 3. There is no issue with the road tires
Federal Docket Management System 556, for an exemption from the and the information on the vehicle
(FDMS) website at https:// notification and remedy requirements of placard for the road tires is correct.
www.regulations.gov/. Follow the online 49 U.S.C. Chapter 301 on the basis that 4. In the event of a flat tire, the
instructions for submitting comments. customer will have a spare tire that is
sradovich on DSK3GMQ082PROD with NOTICES
this noncompliance is inconsequential
• Comments may also be faxed to as it relates to motor vehicle safety. labeled with the proper inflation
(202) 493–2251. This notice of receipt of GM’s petition pressure and has a sufficient load rating
Comments must be written in the is published under 49 U.S.C. 30118 and for the vehicle. It will be immediately
English language, and be no greater than 30120 and does not represent any apparent to any customer potentially
15 pages in length, although there is no agency decision or other exercise of confused by the ‘‘none’’ language that
limit to the length of necessary judgment concerning the merits of the the vehicle has a spare tire when they
attachments to the comments. If petition. lift the liftgate as explained in the
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![Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Notices 24163
owner’s manual. In addition, the fact DEPARTMENT OF VETERANS individual purchases life insurance in
that the vehicle has a spare tire is AFFAIRS order to safeguard his or her dependents
explained on the Monroney label. against major financial loss due to his or
[OMB Control No. 2900–0618]
5. The spare-tire size and pressure her death. Life insurance serves to
information is readily available from Agency Information Collection Activity replace the lost income of an insured
additional sources (e.g., any automotive Under OMB Review: Application by and to provide for his or her final
dealer or tire replacement facility), and Insured Terminally Ill Person for expenses. In recent years, the insurance
on GM’s or the tire retailer’s website. Accelerated Benefit industry has recognized the financial
needs of terminally ill policyholders
6. Most, if not all, temporary spare AGENCY: Veterans Benefits and has begun offering policies with
tires have the same cold tire pressure, Administration, Department of Veterans accelerated benefit provisions. A recent
which is 60 psi. The 60 psi pressure is Affairs. statutory amendment (Section 302 of the
an industry standard and it is set by at ACTION: Notice. Veterans Programs Enhancement Act of
least two governing bodies, the U.S. Tire 1998, Pub. L. 105–368, 112 Stat. 3315,
and Rim Association and the European SUMMARY: In compliance with the 3332–3333) added section 1980 to Title
Tire Rim Technical Organization. Paperwork Reduction Act (PRA) of 38, United States Code, which extends
7. All other information on the 1995, this notice announces that the an accelerated benefit option to
vehicle placard is correct. Veterans Benefits Administration, terminally ill persons insured in the
Department of Veterans Affairs, will SGLI and VGLI programs. This form
8. NHTSA has previously granted submit the collection of information
similar inconsequential petitions with expired due to high volume of work and
abstracted below to the Office of staffing changes.
respect to FMVSS No. 110 Management and Budget (OMB) for
noncompliances. An agency may not conduct or
review and comment. The PRA sponsor, and a person is not required to
9. GM is not aware of any field or submission describes the nature of the respond to a collection of information
owner complaints associated with this information collection and its expected unless it displays a currently valid OMB
issue. GM is also not aware of any cost and burden and it includes the control number. The Federal Register
crashes or injuries associated with this actual data collection instrument. Notice with a 60-day comment period
condition. DATES: Comments must be submitted on soliciting comments on this collection
GM’s complete petition and all or before June 25, 2018. of information was published at 83 FR
supporting documents are available by ADDRESSES: Submit written comments 56 on March 22, 2018, pages 12653 and
logging onto the Federal Docket on the collection of information through 12654.
Management System (FDMS) website at: www.Regulations.gov, or to Office of Affected Public: Individuals and
https://www.regulations.gov and by Information and Regulatory Affairs, Households.
following the online search instructions Office of Management and Budget, Attn: Estimated Annual Burden: 40 hours.
to locate the docket number as listed in VA Desk Officer, 725 17th St. NW, Estimated Average Burden per
the title of this notice. Washington, DC 20503 or sent through Respondent: 12 minutes.
electronic mail to oira_submission@ Frequency of Response: One time.
NHTSA notes that the statutory Estimated Number of Respondents:
provisions (49 U.S.C. 30118(d) and omb.eop.gov. Please refer to ‘‘OMB
200.
30120(h)) that permit manufacturers to Control No. 2900–0618’’ in any
file petitions for a determination of correspondence. By direction of the Secretary.
inconsequentiality allow NHTSA to Cynthia D. Harvey-Pryor,
FOR FURTHER INFORMATION CONTACT:
exempt manufacturers only from the Cynthia Harvey-Pryor, Enterprise Department Clearance Officer, Office of
duties found in sections 30118 and Quality, Privacy and Risk, Department of
Records Service (005R1B), Department Veterans Affairs.
30120, respectively, to notify owners, of Veterans Affairs, 810 Vermont
purchasers, and dealers of a defect or [FR Doc. 2018–11131 Filed 5–23–18; 8:45 am]
Avenue NW, Washington, DC 20420,
noncompliance and to remedy the (202) 461–5870 or email cynthia.harvey- BILLING CODE 8320–01–P
defect or noncompliance. Therefore, any pryor@va.gov. Please refer to ‘‘OMB
decision on this petition only applies to Control No. 2900–0618’’ in any
the subject vehicles that GM no longer DEPARTMENT OF VETERANS
correspondence.
controlled at the time it determined that AFFAIRS
SUPPLEMENTARY INFORMATION:
the noncompliance existed. However, Research Advisory Committee on Gulf
any decision on this petition does not Authority: Public Law 104–13; 44 U.S.C.
3501–3521. War Veterans’ Illnesses; Notice of
relieve vehicle distributors and dealers Meeting
of the prohibitions on the sale, offer for Title: Application by Insured
sale, or introduction or delivery for Terminally Ill Person for Accelerated The Department of Veterans Affairs
introduction into interstate commerce of Benefit Form SGLI 8284. (VA) gives notice under the Federal
the noncompliant vehicles under their OMB Control Number: 2900–0618. Advisory Committee that the Research
control after GM notified them that the Type of Review: Reinstatement of a Advisory Committee on Gulf War
subject noncompliance existed. previously approved collection. Veterans’ Illnesses will meet on June
Authority: (49 U.S.C. 30118, 30120: Abstract: VA has amended regulations 25–26, 2018 at the InterContinental
for the Servicemembers’ Group Life Mark Hopkins Hotel, 999 California
sradovich on DSK3GMQ082PROD with NOTICES
delegations of authority at 49 CFR 1.95 and
501.8). Insurance (SGLI) and Veterans’ Group Street, San Francisco, California 94108
Life Insurance (VGLI) programs to add in Room California & Powell at 9:00 a.m.
Michael A. Cole, accelerated death benefit (Accelerated to 5:00 p.m. (PST) on June 25, 2018 and
Acting Director, Office of Vehicle Safety Benefit) provisions that permit from 8:45 a.m. to 12:30 p.m. (PST) on
Compliance. terminally ill policyholders access to June 26, 2018. All sessions will be open
[FR Doc. 2018–11096 Filed 5–23–18; 8:45 am] the death benefits of their policies to the public, and for interested parties
BILLING CODE 4910–59–P before they die. Traditionally, an who cannot attend in person, there is a
VerDate Sep<11>2014 18:10 May 23, 2018 Jkt 244001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1](https://thefederalregister.org/doc/83_FR_24263/page/2.svg)
Document Created: 2018-05-24 00:05:38
Document Modified: 2018-05-24 00:05:38
| 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 | Send comments on or before June 25, 2018. | |
| FR Citation | 83 FR 24162 |
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