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

Topics:  Chevrolet Captiva, Buick Verano

Claude H. Harris
National Highway Traffic Safety Administration
February 14, 2014

[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Notices]
[Pages 9041-9042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03210]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0106; 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.

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SUMMARY: General Motors, LLC (GM), has determined that certain model 
year 2012 Chevrolet Captiva and Buick Verano passenger cars 
manufactured between April 6, 2011 and June 4, 2011, do not fully 
comply with paragraph S5.2.1 of Federal Motor Vehicle Safety Standard 
(FMVSS) No. 101, Controls and Displays and paragraph S5.5.5 of FMVSS 
No. 135, Light Vehicle Brake Systems. GM has filed an appropriate 
report dated June 13, 2012 pursuant to 49 CFR Part 573, Defect and 
Noncompliance Responsibility and Reports.

ADDRESSES: For further information on this decision contact Stuart 
Seigel, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5287, 
facsimile (202) 366-7002.

SUPPLEMENTARY INFORMATION:
    I. GM's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see 
implementing rule at 49 CFR Part 556), GM has petitioned for an 
exemption from the notification and remedy requirements of 49 U.S.C. 
Chapter 301 on the basis that this noncompliance is inconsequential to 
motor vehicle safety.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on November 5, 2012 in the Federal Register (77 
FR 66501). No comments were received. To view the petition, and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2012-0106.''
    II. Vehicles Involved: Affected are approximately 47,822 model year 
2012 Chevrolet Captiva and Buick Verano model passenger cars that were 
manufactured between April 6, 2011 and June 4, 2011.
    III. Noncompliance: GM explains that the noncompliance is that the 
telltales used for Park Brake are displayed using International 
Organization for Standardization (ISO) symbols instead of the telltale 
symbols required by FMVSS Nos. 101 and 135.
    IV. Rule Text: Paragraph S5.2.1 of FMVSS No. 101 Specifically 
states in pertinent part:

    S5.2.1 Except for the Low Tire Pressure Telltale, each control, 
telltale and indicator that is listed in column 1 of Table 1 or 
Table 2 must be identified by the symbol specified for it in column 
2 or the word or abbreviation specified for it in column 3 of Table 
1 or Table 2. If a symbol is used, each symbol provided pursuant to 
this paragraph must be substantially similar in form to the symbol 
as it appears in Table 1 or Table 2. If a symbol is used, each 
symbol provided pursuant to this paragraph must have the 
proportional dimensional characteristics of the symbol as it appears 
in Table 1 or Table 2. . . .

    Paragraph S5.5.5 of FMVSS No. 135 requires in pertinent part:

    S5.5.5. Labeling. (a) Each visual indicator shall display a word 
or words in accordance with the requirements of Standard No. 101 (49 
CFR 571.101) and this section, which shall be legible to the driver 
under all daytime and nighttime conditions when activated. Unless 
otherwise specified, the words shall have letters not less than 3.2 
mm (\1/8\ inch) high and the letters and background shall be of 
contrasting colors, one of which is red. Words or symbols in 
addition to those required by Standard No. 101 and this section may 
be provided for purposes of Clarity. . . .
    (d) If separate indicators are used for one or more of the the 
conditions described in S5.5.1(a) through S5.5.1(g), the indicators 
shall display the following wording:
    . . .
    (4) If a separate indicator is provided for application of the 
parking brake as specified for S5.5.1(c), the single word ``Park'' 
of the words ``Parking Brake'' may be used. . . .

    V. Summary of GM's Analyses: GM stated its belief that although the 
instrument cluster telltale symbols are displayed using ISO symbols the 
noncompliance is inconsequential to

[[Page 9042]]

motor vehicle safety for the following reasons:
    (1) The functionality of all braking systems, including the service 
brakes and parking brakes, is not affected by the noncompliance and the 
vehicles will operate as intended.
    (2) In addition to the parking brake telltale, the Captiva Driver 
Information Center (DIC) provides a message when the parking brake is 
set. Specifically, when the parking brake is applied and the ISO 
parking brake telltale is illuminated, the following message is also 
displayed: ``Park Brake Set''
    (3) In the noncompliant vehicles, the electronic parking brake 
automatically releases when the vehicle transmission is in drive and 
the vehicle is driven away.
    (4) The description of the parking braking operation, found in the 
owner's manual, clearly indicates the ISO parking brake symbol will be 
displayed when the parking brake is applied.
    (5) The control, which applies and releases the parking brake on 
the subject vehicles, is identified with the same ISO symbol that is 
used on the telltale to indicate the parking brake is applied.
    (6) Other current and previous vehicles manufactured by GM and 
other manufacturers use the ISO parking brake symbol in conjunction 
with the word ``PARK'', or a common brake telltale incorporating the 
subject park brake symbol in conjunction with the word ``BRAKE'' and 
the ISO symbol for brake malfunction, to indicate the application of 
the parking brake. GM has also, confirmed that the Parking Brake ISO 
telltale, in conjunction with the brake malfunction telltale and word 
``BRAKE'', has been used on other vehicles and thus the motoring public 
has come to associate the ISO park brake symbol with the application of 
the parking brake.
    (7) GM is unaware of any field or owner complaints or injuries 
regarding the subject noncompliance.
    In summation, GM believes that the described noncompliance of its 
vehicles is inconsequential to motor vehicle safety, and that its 
petition, to exempt it 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.
    VI. NHTSA Decision: NHTSA has reviewed GM's analyses that the 
subject noncompliance is inconsequential to motor vehicle safety. 
Specifically, the telltale used for Park Brake, displayed using 
International Organization for Standardization (ISO) symbol instead of 
the telltale symbols required by FMVSS Nos. 101 and 135, poses little 
if any risk to motor vehicle safety.
    NHTSA agrees with GM's statement that the parking brake telltale 
ISO symbol has no effect on brake performance. Vehicle stopping 
distance and thus collision avoidance is not compromised due to the 
mislabeling. When the parking brake is activated the ISO symbol is 
illuminated as required with the letters and background in contrasting 
colors, one of which is red for both models, and for the Captiva, 
redundant driver notification is also provided in the information 
center with the text ``Park Brake Set''. In addition, the ISO symbol 
incorporates the capital letter ``P'' which is part of the required 
word ``Park'' and the ISO symbol has been used on US-certified vehicles 
for many years in conjunction with the required text. Thus, over time, 
the ISO symbol has evolved to become increasingly recognizable and 
understandable to drivers. The brake apply switch located in the center 
console is identified with the same ISO parking brake symbol as the 
mislabeled dash telltale. Each time the driver activates the parking 
brake he/she will visually be reminded of the meaning of the ISO 
symbol. The parking brake control and the representative ISO symbol are 
operationally linked. Further, the meaning of the ISO symbol is 
described in the owner's manuals of both models.
    NHTSA believes that the combination of the red contrasting color of 
the ISO symbol, the message center for the Captiva, the letter ``P'' in 
the ISO symbol, common ISO symbol usage, the electric brake apply 
switch marked with the ISO symbol, and the owner's manual description, 
will be sufficient to adequately warn the driver when the parking brake 
is set. Also, because the parking brake automatically releases as the 
vehicle transmission is shifted to drive and the vehicle is driven 
away, any possibility of vehicle control and drivability issues due to 
brake drag are eliminated. NHTSA has not received any consumer 
complaints regarding the subject vehicles.
    In consideration of the foregoing, NHTSA has decided that GM has 
met its burden of persuasion that the noncompliance with FMVSS Nos. 101 
and 135 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 noncompliant vehicles that GM no longer 
controlled at the time it determined that the noncompliance existed. 
However, the granting of this petition does not relieve vehicle 
distributors and dealers of the prohibitions on the sale, offer for 
sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant vehicles under their control after GM 
notified them that the subject noncompliance existed.

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

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-03210 Filed 2-13-14; 8:45 am]
BILLING CODE 4910-59-P