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

Topics:  Buick Regal

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]
 BILLING CODE 4910-59-P