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

Topics:  Chevrolet Silverado, Chevrolet Suburban, Chevrolet Tahoe, GMC Sierra, GMC Yukon

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
November 21, 2014

[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Notices]
[Pages 69557-69558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27584]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0006; 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 (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 filed an 
appropriate report dated December 19, 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) 366-2587, 
facsimile (202) 366-5930.

SUPPLEMENTARY INFORMATION: 
    I. GM's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and 
the rule implementing those provisions 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 June 27, 2013 in the Federal Register (78 FR 
38801). 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-2013-0006.''
    II. 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 manufactured from June 19, 2006 through December 6, 2012.
    III. Noncompliance: 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.
    IV. 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) . . .

    V. Summary of GM'S Analyses: GM states 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

[[Page 69558]]

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.
    VI. NHTSA Decision: NHTSA has reviewed and accepts GM's analyses 
that the subject noncompliance is inconsequential to motor vehicle 
safety. Specifically, while the tire and loading placards incorrectly 
indicate the number of seating positions, that labeling error alone 
poses little if any risk to motor vehicle safety since the number of 
seating positions is readily apparent in the subject vehicles. The 
widths and shapes of the seats, especially the bucket seats, along with 
the number of seat belt sets installed provides a sufficient indication 
as to the maximum number of occupants the subject vehicles are intended 
to carry.
    In consideration of the foregoing, NHTSA has decided that GM has 
met its burden of persuasion that the 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 5,690 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 tires 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).

Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-27584 Filed 11-20-14; 8:45 am]
BILLING CODE 4910-59-P