General Motors LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Cadillac XT5, Cadillac XT6, GMC Acadia
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Otto G. Matheke, III
National Highway Traffic Safety Administration
24 May 2021
[Federal Register Volume 86, Number 98 (Monday, May 24, 2021)]
[Notices]
[Pages 27957-27959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10817]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0068; 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) 2017-2020 Cadillac XT5, MY 2020 Cadillac XT6, and MY 2017-
2019 GMC Acadia motor vehicles do not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior
Materials. GM filed a noncompliance report dated May 29, 2020. GM
subsequently petitioned NHTSA on June 19, 2020, for a decision that the
subject noncompliance is inconsequential as it relates to motor vehicle
safety. This notice announces receipt of GM's petition.
DATES: Send comments on or before June 23, 2021.
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 the 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 the 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 for 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 docket. 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 2017-2020 Cadillac
XT5, MY 2020 Cadillac XT6, and MY 2017-2019 GMC Acadia motor vehicles
do not fully comply with the requirements of paragraphs S4.2 and
S4.3(a) of FMVSS No. 302, Flammability of Interior Materials (49 CFR
571.302). GM filed a noncompliance report dated May 29, 2020, pursuant
to 49 CFR part 573, Defect and Noncompliance Responsibility and
Reports. GM subsequently petitioned NHTSA on June 19, 2020, 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, pursuant to 49 U.S.C. 30118(d) and
30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or
Noncompliance.
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 166,938 MY 2017-2020 Cadillac
XT5, MY 2020 Cadillac XT6, and MY 2017-2019 GMC Acadia motor vehicles
manufactured between October 29, 2015, and March 20, 2020, are
potentially involved.
III. Noncompliance: GM explains that the noncompliance is that
subject vehicles are equipped with ventilated front seats that do not
meet the flammability requirements set forth in paragraphs S4.2 and
S4.3(a) of FMVSS No. 302. Specifically, when the four composite layers
of the seat-vent mat assembly are tested separately, one composite
layer did not meet the burn rate requirement because it had burn rates
ranging between 186 mm/min to 189 mm/min, therefore, it exceeded the
maximum burn rate of 102 mm/min.
IV. Rule Requirements: Paragraphs S4.2 and S4.3(a) of FMVSS No. 302
includes the requirements relevant to this petition. Any material that
does not adhere to other materials at every point of contact must meet
the 102 mm per minute burn rate requirement when tested separately. Any
portion of a single or composite material which is within 13 mm of the
occupant compartment air space shall meet the requirements.
V. Summary of GM's Petition: The following views and arguments
presented in this section, ``V. Summary of GM's Petition,'' are the
views and arguments provided by GM. They have not been evaluated by the
Agency and do not reflect the views of the Agency. GM described the
subject noncompliance and contended that the noncompliance is
inconsequential as it relates to motor vehicle safety.
[[Page 27958]]
In support of its petition, GM submitted the following:
1. Background: Noncompliance Summary and Seat Assembly.
a. Noncompliance Description: The seat cushions in the subject
vehicles equipped with ventilated front seats fail to conform, in part,
to S4.2 of FMVSS No. 302. Because certain components (or composite
layers) of the seat-vent mat assembly (``vent bags'') do not ``adhere
to other material(s) at every point of contact,'' each should be tested
separately. When tested separately, one of the four composite layers
did not meet the burn rate requirement. All other components of the
seat required to meet FMVSS No. 302 comply with the standard.
The one noncompliant ``layer'' is a composite consisting of five
different materials, and only one of the five--a very thin pressure
sensitive adhesive tape (``adhesive tape'') does not comply with the
flammability requirements. It does not comply with the 102 mm/min
requirement only when the test sample also contains a cushion scrim
(``scrim'') that shields the flame from the self-extinguishing foam
just above it. That unique combination that includes the adhesive tape,
scrim, and a small amount of foam only exists in an FMVSS No. 302 test
sample--it does not exist as a stand-alone group of materials exposed
to flame in real-world vehicle seats. As installed in the seat, the
very thin adhesive tape and scrim are roughly 11.4 mm from the occupant
air space underneath the seat and are sandwiched among many other
materials, including the self-extinguishing seat foam.
b. The Vent Bag Assembly: The vent bag assembly (or ``vent bags'')
are designed to pull air into and through the seat to cool the
occupant. The vent bag is positioned below the seat cushion and
attaches via a very thin adhesive strip to the lower seat cushion. The
vent bags are comprised of multiple layers of materials. The scrim
layer does not extend uniformly in a layer. It is localized around the
seat foam. The scrim's presence on a sample depends on the location
where the sample is cut for FMVSS No. 302 testing: The sample may not
have any scrim if cut in the center, or it may have scrim if cut closer
to the edges of the seat.
c. Because the filler material within the vent bag was not adhered
at every point of contact with the composite layer above, the 13 mm as
measured from the base of the composite layer included the layer 1 and,
for layer 3, includes a small portion of scrim. The 13-mm layer 3
created for FMVSS No. 302 testing purposes has just the right
combination of adhesive tape and scrim along with a truncated seat foam
layer that it does not meet the 102 mm/min burn rate requirements.
d. The Layers Tested: The vent bag assembly has four layers that
must be tested separately for FMVSS No. 302. Layer 1 is adjacent to the
occupant airspace under the seat. Layers 3 and 4 are closest to the
seated occupant but furthest from the airspace under the seat.
The following materials make up each layer:
Layer 1: Bottom Felt plus Film
Layer 2: Filler
Layer 3: Film plus Top Felt plus PSA tape plus Cushion Scrim
plus Cushion Foam
Layer 4: Film plus Top Felt plus PSA tape plus Cushion Foam
Layers 3 and 4 are adhered at all points and are tested as a
composite. The seat foam is cut to comply with S4.2.2, which requires a
maximum composite thickness of 13 mm. The difference between layer 3
and layer 4 is the presence of scrim. Two samples (layers 3 and 4) were
taken of the composite material at different locations of the seat to
ensure one captured the scrim. Layer 3 was cut to capture scrim and
layer 4 was cut closer to the center of the seat and does not capture
any scrim. The only layer that did not meet FMVSS No. 302 is layer 3.
All other layers meet the burn rate requirements. When testing layer 3
in accordance with FMVSS No. 302, which required a flame applied
directly to the felt with film liner, the burn rates ranged from 186
mm/min to 189 mm/min and did not pass the requirements of FMVSS No. 302
S4.3(a). Layer 4, however, which is the same composite but without the
scrim, had a burn rate of only 12 mm/min to 24 mm/min. The higher burn
rates for layer 3 were caused by the unique interaction of the adhesive
tape, scrim, and truncated seat foam. The scrim is flame-retardant, but
the thin layer of adhesive tape is not. In layer 3, the scrim shields
the flame from interacting with and being slowed down or extinguished
by the self-extinguishing foam above. With layer 4, which had a much
lower burn rate, the foam has a bigger effect and significantly slows
down the burn rate.
2. GM's Reasoning: GM believes that this FMVSS No. 302
noncompliance is inconsequential to motor vehicle safety for the
following reasons:
a. The seat vent bag assembly as installed in the vehicle meets
FMVSS No. 302 flammability requirements. As installed in the vehicle,
the vent bag meets FMVSS No. 302 requirements. The flammability issue
is created not by the materials in the seat but by the unique way in
which the 100 x 356 mm section is selected for purposes of FMVSS No.
302 testing. When that section is taken from the edge of the seat, the
13-mm composite contains portions of scrim which, in combination with
the adhesive tape, increases the burn rate of that sample (i.e., layer
3). FMVSS No. 302 requires the flame to be applied directly to the felt
with film liner, which is adjacent to the adhesive tape and cushion
scrim, and that interaction limited the foam's ability to slow down the
burn rate and resulted in a rate exceeding the 102 mm per minute
requirement.
In the real world, however, the adhesive tape and scrim would never
be exposed to an open flame because they are well encased from the
airspaces below (and above) the seat by layers of self-extinguishing or
flammability compliant materials. Specifically, the scrim is encased by
at least 11.4 mm of materials from the airspace below. Encasing the
scrim from the airspace below are two layers of the felt [with] film
liner, the filler, and the adhesive tape. The felt with film liner has
a burn rate of 42 mm/min and the filler is self-extinguishing.
Moreover, the as-installed seat has more than 13 mm of self-
extinguishing seat foam above the adhesive tape and scrim, and the
scrim is localized and only exists in certain areas. Taken as a whole,
the adhesive tape and scrim have a negligible effect on the overall
burn rate. Layer 4, which is a closer representation of the relative
percentage of component materials, has a burn rate of only 12 mm/min to
24 mm/min.
The purpose of FMVSS No. 302 is to ``reduce the deaths and injuries
to motor vehicle occupants caused by vehicle fires, especially those
originating in the interior of the vehicle from sources such as matches
or cigarettes.'' The combination of adhesive tape, scrim, and truncated
seat foam that is causing the FMVSS No. 302 issue would never be
exposed to an open flame or an ignition source (like matches or
cigarettes) in its installed application, because they are installed
within and surrounded by complying materials that meet FMVSS No. 302
standards. In the real world, a flame emanating from the occupant air
space below the seat must travel through the felt [with] film liner and
the filler before even having the potential to contact the adhesive
layer or scrim.
b. GM testing and design review of the vent bag assembly and its
components indicate that the chance of fire or flame induced by a
malfunctioning ventilator
[[Page 27959]]
is essentially zero. Unlike the situation in Toyota's February 21,
2014, petition for inconsequentiality, which NHTSA granted, (see 80 FR
4035, January 26, 2015) there are no heater elements in GM's seat. In
contrast, the subject seats contain a seat ventilator which circulates
unheated air. The ventilator and associated motor are at least 27 mm
from the adhesive tape and scrim and are separated by self-
extinguishing and flammability-compliant materials. There is
essentially zero risk that the seat ventilator or the associated motor
could cause the seat materials to ignite.
c. The adhesive tape is a very small portion of the soft mass of
the seat and has an insignificant (i.e., negligible) adverse effect on
the overall burn rate. The adhesive tape is only 0.03% of the seat mass
and is positioned well above (>11.4 mm) the occupant air space within
the seat material stack. As installed in the vehicle, the adhesive tape
makes up such an extremely small portion of the seat that its burn rate
will have essentially no adverse effect on the burn rate of the vent
bag assembly. Therefore, the adhesive tape would have an insignificant
adverse effect on the interior material burn rate and the potential for
occupant injury due to interior fire.
d. The same seats comprised of the same materials meet FMVSS No.
302 requirements. The exact same seats with the exact same materials
meet FMVSS No. 302 when heat is used during the assembly process, which
results in the filler layer (layer 2) adhering to the upper felt with
film material of layers 3 and layer 4.
e. GM is not aware of any injuries or customer complaints
associated with this condition.
3. NHTSA has granted similar inconsequential petitions in the past:
NHTSA has granted at least two petitions for inconsequentiality for
similar issues: Toyota's February 2014 petition for inconsequential
noncompliance (see 80 FR 4035, January 26, 2015), and Cosco Inc.'s 1998
petition for a similar issue. (See 63 FR 30809, June 5, 1998.)
4. Correction of Noncompliance: To address this technical
noncompliance, GM's suppliers have begun to use the ``heated surface''
molding process which results in the filler and felt-with-film liner to
be adhered at all points. This process will be used to correct the
noncompliant vehicles in production and parts in service inventory.
Through testing, GM confirmed that the vent bags assembled with this
process comply with S4.3(a) for FMVSS No. 302. This noncompliance issue
was addressed in production for all applicable vehicles manufactured on
or after May 26, 2020.
GM concluded by again contending that the subject noncompliance is
inconsequential as it relates to motor vehicle safety, and that its
petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
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)
Otto G. Matheke, III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-10817 Filed 5-21-21; 8:45 am]
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