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General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

American Government Topics:  Chevrolet Silverado, Chevrolet Suburban, Chevrolet Tahoe, GMC Yukon

General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

Claude H. Harris
National Highway Traffic Safety Administration
June 27, 2013


[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38801-38803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15467]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0006; Notice 1]


General Motors, LLC, Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition.

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SUMMARY: General Motors, LLC (GM) \1\ has determined that certain model 
year (MY) 2007 through 2013 GM trucks and multipurpose passenger 
vehicles (MPVs) manufactured from June 19, 2006, through December 6, 
2012 do not fully comply with paragraph S4.3 of Federal Motor Vehicle 
Safety Standard (FMVSS) No. 110, Tire Selection and Rims for Motor 
Vehicles with a GVWR of 4,536 Kilograms or less. GM has filed an 
appropriate report dated December 19, 2012, pursuant to 49 CFR Part 
573, Defect and Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR Part 556), GM submitted a petition 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.
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    \1\ General Motors, LLC is a manufacturer of motor vehicles and 
is registered under the laws of the state of Michigan.
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    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.
    Vehicles Involved: Affected are approximately 5,690: MY 2007 
through 2013 Chevrolet Silverado trucks, Suburban MPVs and Tahoe MPVs; 
MY 2007 through 2013 GMC Sierra trucks; MY 2012 GMC Yukon MPVs; and MY 
2007, 2009, 2011, 2012 and 2013 Yukon XL MPV's. The affected vehicles 
were

[[Page 38802]]

manufactured from June 19, 2006 through December 6, 2012.
    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, these provisions 
only apply to the 5,690 \2\ vehicles that GM no longer controlled at 
the time it determined that the noncompliance existed.
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    \2\ GM's petition, which was filed under 49 CFR Part 556, 
requests an agency decision to exempt GM as a motor vehicle 
manufacturer from the notification and recall responsibilities of 49 
CFR Part 573 for the affected vehicles. However, a decision on this 
petition cannot relieve vehicle distributors and dealers of the 
prohibitions on the sale, offer for sale, introduction or delivery 
for introduction into interstate commerce of the noncompliant motor 
vehicles under their control after GM notified them that the subject 
noncompliance existed.
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    RULE TEXT: Paragraph S4.3 of FMVSS No. 110 requires in pertinent 
part:

    S4.3 Placard. Each vehicle, except for a trailer or incomplete 
vehicle, shall show the information specified in S4.3 (a) through 
(g), and may show, at the manufacturer's option, the information 
specified in S4.3 (h) and (i), on a placard permanently affixed to 
the driver's side B-pillar. In each vehicle without a driver's side 
B-pillar and with two doors on the driver's side of the vehicle 
opening in opposite directions, the placard shall be affixed on the 
forward edge of the rear side door. If the above locations do not 
permit the affixing of a placard that is legible, visible and 
prominent, the placard shall be permanently affixed to the rear edge 
of the driver's side door. If this location does not permit the 
affixing of a placard that is legible, visible and prominent, the 
placard shall be affixed to the inward facing surface of the vehicle 
next to the driver's seating position. This information shall be in 
the English language and conform in color and format, not including 
the border surrounding the entire placard, as shown in the example 
set forth in Figure 1 in this standard. At the manufacturer's 
option, the information specified in S4.3 (c), (d), and, as 
appropriate, (h) and (i) may be shown, alternatively to being shown 
on the placard, on a tire inflation pressure label which must 
conform in color and format, not including the border surrounding 
the entire label, as shown in the example set forth in Figure 2 in 
this standard. The label shall be permanently affixed and proximate 
to the placard required by this paragraph. The information specified 
in S4.3 (e) shall be shown on both the vehicle placard and on the 
tire inflation pressure label (if such a label is affixed to provide 
the information specified in S4.3 (c), (d), and, as appropriate, (h) 
and (i)) may be shown in the format and color scheme set forth in 
Figures 1 and 2. If the vehicle is a motor home and is equipped with 
a propane supply, the weight of full propane tanks must be included 
in the vehicle's unloaded vehicle weight. If the vehicle is a motor 
home and is equipped with an on-board potable water supply, the 
weight of such on-board water must be treated as cargo . . .
    (b) Designated seated capacity (expressed in terms of total 
number of occupants and number of occupants for each front and rear 
seat location) * * *

    Summary of Gm's Analyses: GM explains that the noncompliance is 
that the subject vehicles are equipped with special equipment options 
9S1 & 9U3 and are built with 2 front seating positions separated by 
floor space. However, the tire and loading placards incorrectly 
indicate that the vehicles have 3 front seating positions and therefore 
do not fully comply with paragraph S4.3 of FMVSS No. 110.
    GM further stated that the error resulted in the following 
condition on the subject placards of these vehicles:
     The seating capacity for the front row seat is incorrectly 
shown as 3 instead of 2.
     The total seating capacity is overstated by 1. For 
example, the total seating capacity is incorrectly shown as 3 instead 
of 2 for the vehicles with one row of seats, and as 6 instead of 5 for 
the vehicles with two rows of seats.
     The vehicle capacity weight (expressed as a combined 
weight of occupants and cargo) on the placard is correct. The seating 
capacity error has no impact on the vehicle capacity weight.
     All other information (front, rear and spare tire size 
designations and their respective cold tire inflation pressures as well 
as vehicle capacity weight) on the subject placards is correct.
    GM stated its belief that this noncompliance is inconsequential to 
motor vehicle safety for the following reasons:
    1. The subject vehicles are equipped with two bucket seats with one 
seat belt each in the front row. GM believes that the number of seats 
and the number of seat belts installed in the vehicle will clearly 
indicate to the customers the actual seating capacity, and it will be 
apparent to any observer that there are only two front seating 
positions. Even if an occupant references the tire information placard 
to determine the vehicle's seating capacity, it will be readily 
apparent that the front row seating capacity is 2 and not 3.
    2. The vehicle capacity weight (expressed as a combined weight of 
occupants and cargo) on the placard is correct. The seating capacity 
error has no impact on the vehicle capacity weight, and therefore, 
there is no risk of vehicle overloading.
    3. All information required for maintaining and/or replacing the 
front and rear tires is correct on the tire information placard of the 
subject vehicles.
    4. All other applicable requirements of FMVSS No. 110 have been 
met.
    5. GM is not aware of any customer complaints, incidents or 
injuries related to the incorrect seating capacity on the subject tire 
information placards.
    GM additionally informed NHTSA that it has corrected the 
noncompliance so that all future production vehicles will fully comply 
with FMVSS No. 110.
    In summation, GM believes that the described noncompliance of its 
vehicles is inconsequential to motor vehicle safety, and that its 
petition, to exempt 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.
    Comments: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods:
    a. 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.
    b. By hand delivery 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.
    c. Electronically: By logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    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 your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://

[[Page 38803]]

www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. 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 below will 
be filed and will be considered. All 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 be published in the Federal 
Register pursuant to the authority indicated below.
    Comment Closing Date: July 29, 2013.

    Authority:  (49 U.S.C. 30118, 30120: Delegations of authority at 
49 CFR 1.95 and 501.8)

    Issued On: June 24, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-15467 Filed 6-26-13; 8:45 am]
BILLING CODE 4910-59-P

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