General Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Buick Regal
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Otto G. Matheke III
National Highway Traffic Safety Administration
30 May 2019
[Federal Register Volume 84, Number 104 (Thursday, May 30, 2019)]
[Notices]
[Pages 25117-25118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11208]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2018-0054; 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) 2018 Buick Regal motor vehicles do not fully comply with
Federal Motor Vehicle Safety Standard (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. 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. This document announces the grant of
GM's petition.
FOR FURTHER INFORMATION CONTACT: Kerrin Bressant, Office of Vehicle
Safety Compliance, the National Highway Traffic Safety Administration
(NHTSA), telephone (202) 366-1110, facsimile (202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. Overview
GM has determined that certain MY 2018 Buick Regal motor vehicles
do not fully comply with paragraph S4.3 of Federal Motor Vehicle Safety
Standard (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. GM also 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.
Notice of receipt of GM's petition was published, with a 30-day
public comment period on May 24, 2018, in the Federal Register (83 FR
24162). No Comments were received.
II. Vehicles Involved
Approximately 1,029 MY 2018 Buick Regal motor 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 No. 110 includes the requirements relevant
to this petition. Each vehicle, except for a trailer or incomplete
vehicle, shall show the original spare tire size designation and
recommended cold tire inflation pressure on a placard permanently
affixed to the vehicle on the driver's side B-pillar.
V. Summary of GM's 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
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.
VI. NHTSA's Analysis
The intent of FMVSS No. 110 is to ensure that vehicles are equipped
with tires appropriate to handle maximum vehicle loads and to prevent
overloading.
GM explained that the subject vehicles are equipped with tire and
[[Page 25118]]
loading information labels that do not provide the cold tire pressure
or original size information for the spare tire, and instead,
incorrectly indicated that there is no spare tire.
The agency agrees with GM that the subject noncompliance is
inconsequential to motor vehicle safety. Even though the subject
vehicles have erroneously marked tire placard labels, the subject
vehicles are equipped with the appropriate matched spare tire and rim
combination, and that when properly mounted on the subject vehicles,
would allow the vehicles to be operated safely within the
manufacturer's specified performance and loading limits. The agency
agrees with GM, that should a customer question whether the vehicle
comes equipped with a spare tire or what the cold tire pressure is for
the spare tire, most customers would consult the Owner's Manual, which
would direct the customer to the spare tire location as well as provide
the recommended tire pressure. Should the Owner's Manual be
unavailable, the customer would be able to lift the liftgate and see
that there is a spare tire or contact any authorized dealer or tire
replacement facility for assistance.
VII. NHTSA's Decision
In consideration of the foregoing, NHTSA finds that GM has met its
burden of persuasion that the FMVSS No. 110 noncompliance is
inconsequential as it relates 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, the 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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-11208 Filed 5-29-19; 8:45 am]
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