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

Topics:  Chevrolet Sonic

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
18 January 2017

[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5644-5645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01004]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0035; 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) 2012-2015 Chevrolet Sonic passenger cars do not fully comply 
with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, 
Reflective Devices and Associated Equipment. GM has filed a 
noncompliance report dated March 2, 2015. GM also petitioned NHTSA on 
March 24, 2015, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety.

ADDRESSES: For further information on the decision contact Mike Cole, 
Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5319, facsimile 
(202) 366-3081.

SUPPLEMENTARY INFORMATION: 

I. Overview

    General Motors, LLC, (GM) has determined that certain model year 
(MY) 2012-2015 Chevrolet Sonic passenger cars do not fully comply with 
paragraph S6.5.3.4.1 of Federal Motor Vehicle Safety Standard (FMVSS) 
No. 108, Lamps, Reflective Devices and Associated Equipment. GM has 
filed a noncompliance report dated March 2, 2015, pursuant to 49 CFR 
part 573, Defect and Noncompliance Responsibility and Reports. GM also 
petitioned NHTSA on March 24, 2015, pursuant to 49 U.S.C. 30118(d) and 
30120(h) (see implementing rule at 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 to motor 
vehicle safety.
    Notice of receipt of the GM petition was published, with a 30-day 
public comment period, on May 12, 2015, in the Federal Register (80 FR 
27229). 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-2015-0035.''

II. Vehicles Involved

    Affected are approximately 310,243 MY 2012-2015 Chevrolet Sonic 
passenger cars manufactured between May 5, 2011 and February 4, 2015.

III. Noncompliance:

    GM explains that the noncompliance is that the high-beam headlamp 
lenses on the subject vehicles are not marked with ``HB3'' (the HB bulb 
type) as required by paragraph S6.5.3.4.1 of FMVSS No. 108.

IV. Rule Text

    Paragraph S6.5.3.4.1 of FMVSS No. 108 requires in pertinent part:

    S6.5.3.4.1 The lens of each replaceable bulb headlamp must bear 
permanent marking

[[Page 5645]]

in front of each replaceable light source with which it is equipped 
that states either: The HB Type, if the light source conforms to S11 
of this standard for filament light sources, . . . .

V. Summary of GM's Analyses

    GM stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (A) The high-beam headlamp lenses in question are clearly marked 
``9005'' (the ANSI designation), which GM believes to be a well-known 
alternative designation recognized throughout the automotive industry 
and used by lighting manufacturers interchangeably with HB3, the lamp's 
HB type. GM also verified that the vehicle owner's manuals identify the 
high beam replacement bulb as 9005.
    (B) That the mismarked high-beam headlamps are the correct 
headlamps for the subject vehicles and that they conform to all other 
requirements including photometric as required by FMVSS No. 108.
    (C) The risk of customer confusion when selecting a correct 
replacement bulb is remote. Both the HB3 type and the 9005 ANSI 
designation are marked on the vehicles' headlamp bulb sockets, and 
packaging for replacement bulbs is commonly marked with both the HB 
type and the ANSI designation. GM searched a number of national 
automotive parts stores (Autozone, O'Reilly, Advanced Auto Parts, and 
Pep Boys), and found that all HB3 replacement bulbs in these stores 
were marked with the 9005 ANSI designation. Should a consumer attempt 
to install an incorrect bulb into the headlamp sockets, the bulb could 
not be successfully installed because of the unique nature of the 
socket hardware.
    (D) GM also cited several previous petitions that NHTSA has granted 
dealing with noncompliances that GM believes are similar to the 
noncompliance that is the subject of its petition. Based on these 
decisions, GM believes that there is also precedent to support granting 
its petition.
    GM is not aware of any VOQ or field data in which a consumer has 
complained of not being able to identify the proper replacement 
headlamp bulb for the affected vehicles, which GM believes to be 
evidence that this noncompliance is not impacting consumers.
    GM has additionally informed NHTSA that it has corrected the 
noncompliance by adding the HB3 designation bulb type to the high-beam 
headlamp lens in all vehicles produced on or after February 21, 2015.
    In summation, GM believes that the described noncompliance of the 
subject vehicles is inconsequential to motor vehicle safety, and that 
its petition, to exempt GM 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.

NHTSA's Decision

    NHTSA's Analysis: We agree with GM that the ANSI ``9005'' 
designation is a well-known alternative designation for the HB3 light 
source and that replacement light source packaging is commonly marked 
with both the HB type and ANSI designation. As such, we believe that 
consumers can properly identify and purchase the correct replacement 
upper beam light source for the affected vehicles. Further, the unique 
bulb holder design incorporated into the headlamps would prevent 
consumers from installing a light source other than an HB3/9005 so 
there would be no effect on headlamp performance.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that GM has met its burden of persuasion that the subject FMVSS No. 108 
noncompliance is inconsequential to motor vehicle safety. Accordingly, 
GM's petition is hereby granted and GM is consequently exempted from 
the obligation of providing notification of, and a free 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, 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.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-01004 Filed 1-17-17; 8:45 am]
 BILLING CODE 4910-59-P