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


American Government Topics:  Buick Regal

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

Michael A. Cole
National Highway Traffic Safety Administration
24 May 2018


[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Notices]
[Pages 24162-24163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11096]



[[Page 24162]]

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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.

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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

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