General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Chevrolet Malibu
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Claude H. Harris
National Highway Traffic Safety Administration
October 21, 2010
[Federal Register: October 21, 2010 (Volume 75, Number 203)]
[Notices]
[Page 65054-65056]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc10-98]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0137; Notice 1]
General Motors, LLC, Receipt of Petition for Decision of
Inconsequential Noncompliance
General Motors, LLC (GM),\1\ has determined that certain 2008
through 2010 Model Year Chevrolet Malibu passenger cars equipped with
automatic transmissions and manufactured between May 2007 through March
2010 do not fully meet the requirements of paragraph S3.1.4.1 of
Federal Motor Vehicle Safety Standard (FMVSS) No. 102, Transmission
Shift Position Sequence, Starter Interlock, and Transmission Braking
Effect. GM filed an appropriate report pursuant to 49 CFR part 573
Defect and Noncompliance Responsibility and Reports, dated March 30,
2010.
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\1\ General Motors, LLC (GM) is a Michigan corporation that
manufactures motor vehicles.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), GM has petitioned 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.
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.
A total of 462,227 \2\ model year 2008, 2009 and 2010 Chevrolet
Malibu passenger cars manufactured during the period May 2007 through
March 2010 are potentially affected by the subject noncompliance.
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\2\ GM's petition, which was filed under 49 CFR part 556,
requests an agency decision to exempt GM from the notification and
recall responsibilities of 49 CFR part 573 for as many as 462,227 of
the affected vehicles. However, the agency cannot relieve GM's
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
recognized that the subject noncompliance existed. Those vehicles
must be brought into conformance, exported, or destroyed.
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Paragraph S3.1.4.1 of FMVSS No. 102 requires:
Except as specified in S3.1.4.3, if the transmission shift
position sequence includes a park position, identification of shift
positions, including the positions in relation to each other and the
position selected, shall be displayed in view of the driver whenever
any of the following conditions exist:
(a) The ignition is in a position where the transmission can be
shifted; or
[[Page 65055]]
(b) The transmission is not in park.
GM described the noncompliance as the absence of the required
transmission shift position display for a certain ignition key cylinder
position. GM explained that while the key is in the ignition there is a
narrow ignition key cylinder position between the ``ACC'' and ``OFF''
positions within which the transmission shift lever can be moved and
the indicator light that illuminates the transmission shift position
display is inoperative. The Company added that this noncompliance only
occurs when the engine is not running.
GM additionally stated that in all other ignition activation and
operation positions, all of the subject vehicles comply with paragraph
S3.1.4.1 of FMVSS No. 102.
GM argued its belief that the subject noncompliance is
inconsequential to motor vehicle safety because:
As NHTSA recognized in proposing the standard (49 FR 32409-32411
(August 25, 1988)), the purpose of the display requirement for PRNDM
information is to ``provide the driver with transmission position
information for the vehicle conditions where such information can
reduce the likelihood of shifting errors.'' Thus, in all but the
rarest circumstances, the primary function of the PRNDM display is
to inform the driver of gear selection and relative position of the
gears while the engine is running. All of the subject vehicles
display PRNDM information whenever the ignition switch is in the
``On'' or ``Run'' position.
With the exception of the absence of the required transmission
shift position display for one narrow ignition key cylinder
position, the system meets all other applicable requirements of
FMVSS No. 102.
GM has no record of any incidents, injuries, owner complaints or
field reports related to this noncompliance. GM added that if a
customer reports this problem to them and requests a remedy, the
Company will replace the ignition switch with a conforming
component.
Since this noncompliance only occurs during an atypical
operation, the noncompliance is not likely to occur under normal
driving conditions. The only circumstance where the noncompliance
would appear is if the ignition switch is in the intermediary
position between the ``OFF'' and ``ACC'' detent positions prior to
the interlock. In order for this condition to be present, a driver
would have to first move the transmission control to ``PARK.'' In
such a case, there are two possible scenarios for the driver: 1)
leaving the vehicle with the key in the ignition or 2) remaining in
the vehicle. GM provides the following analysis for both scenarios:
1. The driver exits the vehicle while leaving the key in the
ignition:
If the driver attempted to remove the key before exiting the
vehicle, the key would not be capable of removal. The doors may also
still be locked if they are in the factory default setting to unlock
in the ``PARK'' position.
As required by S5.1.3 of FMVSS 114, GM provides an audible
warning to the driver that activates whenever the key has been left
in the ignition locking system and the driver's door is opened.
The Owner's Manual supplied with the vehicle provides specific
warnings and instructions on ensuring the vehicle is in ``PARK'' and
the key is removed before exiting the vehicle.
2. The driver remains in the vehicle:
If the driver remains in the vehicle, he or she would likely
either restart the vehicle's engine or attempt to remove the key to
exit the vehicle.
If the driver attempts to restart the engine, paragraph S3.1.3
of FMVSS No. 102 requires that the starter be inoperative whenever
the vehicle's transmission shift position is in a forward or reverse
drive position. The driver rotating the ignition switch forward
attempting to start the engine will definitely activate the PRNDM
display. Therefore, the PRNDM information will be available to the
driver who can see that the vehicle did not start because the
transmission was not in ``Park'' or ``Neutral''.
GM says that because both of these situations are addressed by
FMVSS requirements, a lack of a transmission shift position display
in either of these cases may constitute a minor inconvenience, but
will have no consequence to safety. In addition, GM stated that
NHTSA has previously granted similar petitions on 3 occasions.
Furthermore, GM also stated the following:
GM recognizes that there may be isolated non-driving situations
in which a person may desire to know gear selection or the relative
position of the gears with the engine off, such as when placing the
vehicle in tow. However, these cases occur infrequently and do not
occur during normal ignition activation and vehicle operation. If
the subject condition [noncompliance] is present during these
infrequent non-driving situations when PRNDM information may be
desired, gear selection and relative positioning can easily be
determined by rotating the ignition switch slightly clockwise past
the accessory ``ACC'' detent to activate the shift indicator display
without starting the vehicle's engine. Given the nature of these
non-driving situations and since the information can be readily
obtained with a slight key rotation, GM believes that the subject
condition [noncompliance] will have no real or implied degradation
of motor vehicle safety.
GM stated that previous rulemakings and NHTSA decisions on several
previous inconsequential noncompliance petitions further support its
position that the subject noncompliances are inconsequential to motor
vehicle safety.
GM also indicated that it has corrected the problem that caused the
subject noncompliance so that it cannot reoccur in future production.
In view of the above, GM believes that the described noncompliance
is inconsequential and does not present a risk to motor vehicle safety.
Thus, GM requests that its petition, to exempt it 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 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.
Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
a. 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.
b. By hand delivery 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.
c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http:[sol][sol]www.regulations.gov/. Follow
the online instructions for submitting comments. Comments may also be
faxed to 1-202-493-2251.
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 your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to
http:[sol][sol]www.regulations.gov, including any personal information
provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http:[sol][sol]www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the
[[Page 65056]]
Federal Register published on April 11, 2000 (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
Comment closing date: November 22, 2010.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.
Issued on: October 14, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-26426 Filed 10-20-10; 8:45 am]
BILLING CODE 4910-59-P