General Motors Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance, 70963-70965 [2010-29168]

Download as PDF Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Notices the subject vehicles were originally designed to be equipped with spare tires as standard equipment. The vehicle owner’s manuals and tire and information placards included all required information associated with the spare tire equipped vehicles. When a production change substituted a Tire Sealant and Compressor Kit (inflator kit) for the spare tire, the vehicle tire and information placards should have been revised to comply with paragraphs S4.3(c) and S4.3(d) of FMVSS No. 110, but were not. GM described the noncompliances as the following errors on the tire and loading information placard: (1) The tire size designation shows a spare tire size appropriate for the subject vehicles instead of the word ‘‘none’’. (2) The manufacturer’s recommended cold tire inflation pressure shows inflation pressure appropriate for the subject spare tire instead of the word ‘‘none’’. srobinson on DSKHWCL6B1PROD with NOTICES GM also stated that all other information (front and rear tire size designations and their respective cold tire inflation pressures as well as seating capacity and vehicle capacity weight) on the subject placards is correct and that it was not aware of any field or owner complaints associated with these noncompliances. GM additionally stated that it believes that this noncompliance is inconsequential to motor vehicle safety for the following reasons: (1) All information required for maintaining and/or replacing the front and rear tires, as well as the seating capacity and vehicle capacity weight are correct on the tire and loading information placard on the subject vehicles. (2) The vehicle price label (a.k.a., the Monroney label) has the correct information, whether the vehicle is equipped with an inflator kit or a spare tire. Therefore, original purchase owners should already know if their vehicle is equipped with an inflator kit in place of a spare tire. (3) In addition to the FMVSS No. 138 required owner’s manual language of checking the inflation pressures of all tires including the spare monthly, the owner’s manual also recommends the owner to check the tires including the compact spare once a month or more. The tire information placard on the subject vehicles contains spare tire size and recommended cold tire inflation pressure instead of the word ‘‘none’’ as required by FMVSS No. 110. The inflator kit is located in the same location where a spare tire would be for vehicles ordered with an optional spare tire. Therefore, if an owner were to look for the spare tire, he/she would find the inflator kit, and realize that the vehicle is equipped with an inflator kit instead of a spare tire. (4) In the event of a flat tire, the inflator kit serves the purpose of getting back on the road. Since the inflator kit is located in the same location as the spare tire, the customer VerDate Mar<15>2010 17:02 Nov 18, 2010 Jkt 223001 should have no problem finding it. The owner’s manual provides the instructions for using the inflator kit as well as installing the spare tire. There is a label with instructions on the sealant canister of the inflator kit as well. (5) The inflator kit includes a tire sealant canister, an air compressor as well as a pressure gage in one unit. The inflator kit can be used to inflate one or more tires regardless whether the vehicle has a punctured tire or not. The sealant of the GM sealant canister does not damage the TPMS pressure sensor, and the TPMS continues to function. (6) OnStar e-mail service subscribers get monthly reminders on tire pressure maintenance, including the recommended cold tire inflation pressures and status of their tire pressures. (7) Risk to the public is negligible because the vehicle does have an inflator kit. (8) GM is not aware of any incidents or injuries related to the subject condition. GM also has informed NHTSA that it has corrected the problem that caused these errors so that they will not be repeated in future production. In summation, GM states that it believes that the noncompliances are inconsequential to motor vehicle safety and that no corrective action is warranted. NHTSA Decision The agency agrees with GM that the noncompliances are inconsequential to motor vehicle safety. The agency believes that the true measure of inconsequentiality to motor vehicle safety in this case is that there is no effect of the noncompliances on the operational safety of the subject vehicles in which the vehicle tire and loading information placards erroneously indicated that a spare tire was available when, in fact, a tire inflator kit was installed in lieu of the spare tire. In the agency’s judgment, this noncompliance to FMVSS No. 110 will have an inconsequential effect on motor vehicle safety because: In the event of a flat tire, the inflator kit serves the purpose of getting back on the road. Since the inflator kit is located in the same location as the spare tire, the customer should have no problem finding it. The owner’s manual provides the instructions for using the inflator kit as well as installing a spare tire, should one become available. There is a label with use instructions on the sealant canister of the inflator kit as well. Additionally, all information required for maintaining and/or replacing the front and rear tires (i.e., tire size designations and their respective cold tire inflation pressures), as well as the seating capacity and vehicle capacity weight are correct on the tire and loading information placard on the subject vehicles. PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 70963 In consideration of the foregoing, NHTSA has decided that GM has met its burden of persuasion that the subject FMVSS No. 10 labeling noncompliances are inconsequential to motor vehicle safety. Accordingly, GM’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the subject noncompliance under 49 U.S.C. 30118 and 30120. Authority: (49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8). Issued on: November 15, 2010. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2010–29170 Filed 11–18–10; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2010–0151; Notice 1] General Motors Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance General Motors Corporation (GM),1 has determined that approximately 1,113 Model Year (MY) 2011 Buick Regal passenger cars do not fully comply with paragraph S4.3(d) of 49 CFR 571.110, Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims for Motor Vehicles With a GVWR of 4,536 Kilograms (10,000 pounds) or Less. GM filed an appropriate report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports dated July 26, 2010. 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. Affected are approximately 1,113 model year 2011 Buick Regal passenger cars manufactured between January 20, 2010, and May 18, 2010 at GM’s ¨ Russelsheim assembly plant. 1 General Motors LLC (GM) is vehicle manufacturer incorporated under the laws of the state of Michigan. E:\FR\FM\19NON1.SGM 19NON1 70964 Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Notices The National Highway Traffic Safety Administration (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, these provisions only apply to the 1,113 2 vehicles that have already passed from the manufacturer to an owner, purchaser, or dealer. Paragraph S4.3 of FMVSS No. 110 requires in pertinent part: srobinson on DSKHWCL6B1PROD with NOTICES S4.3 Placard. Each vehicle, except for a trailer or incomplete vehicle, shall show the information specified in S4.3 (a) through (g), and may show, at the manufacturer’s option, the information specified in S4.3 (h) and (i), on a placard permanently affixed to the driver’s side B-pillar. In each vehicle without a driver’s side B-pillar and with two doors on the driver’s side of the vehicle opening in opposite directions, the placard shall be affixed on the forward edge of the rear side door. If the above locations do not permit the affixing of a placard that is legible, visible and prominent, the placard shall be permanently affixed to the rear edge of the driver’s side door. If this location does not permit the affixing of a placard that is legible, visible and prominent, the placard shall be affixed to the inward facing surface of the vehicle next to the driver’s seating position. This information shall be in the English language and conform in color and format, not including the border surrounding the entire placard, as shown in the example set forth in Figure 1 in this standard. At the manufacturer’s option, the information specified in S4.3 (c), (d), and, as appropriate, (h) and (i) may be shown, alternatively to being shown on the placard, on a tire inflation pressure label which must conform in color and format, not including the border surrounding the entire label, as shown in the example set forth in Figure 2 in this standard. The label shall be permanently affixed and proximate to the placard required by this paragraph. The information specified in S4.3 (e) shall be shown on both the vehicle placard and on the tire inflation pressure label (if such a label is affixed to provide the information specified in S4.3 (c), (d), and, as appropriate, (h) and (i)) may be shown in the format and color scheme set forth in Figures 1 and 2. * * * (d) Tire size designation, indicated by the headings ‘‘size’’ or ‘‘original tire size’’ or ‘‘original size,’’ and ‘‘spare tire’’ or ‘‘spare,’’ for 2 GM’s petition, which was filed under 49 CFR part 556, requests an agency decision to exempt GM as a manufacturer from the notification and recall responsibilities of 49 CFR part 573 for 1,113 of the affected vehicles. However, the agency cannot relieve GM distributors 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. VerDate Mar<15>2010 17:02 Nov 18, 2010 Jkt 223001 the tires installed at the time of the first purchase for purposes other than resale. For full size spare tires, the statement ‘‘see above’’ may, at the manufacturer’s option replace the tire size designation. If no spare tire is provided, the word ‘‘none’’ must replace the tire size designation; * * * GM explains that the noncompliance with FMVSS No. 110 is the omission of the letter ‘‘T’’ in the spare tire size printed on the tire and loading information labels that it affixed to the vehicles. Currently the tire size designation shows the spare tire size as ‘‘125/80R16’’ instead of ‘‘T125/80R16.’’ GM reported that the noncompliance was brought to their attention in May of 2010 by the Global Subsystem Leadership Team during an internal ¨ audit in the Russelsheim Assembly Plant. GM additionally stated that it believes that this noncompliance is inconsequential to motor vehicle safety for the following reasons: (1) All information for maintaining and/or replacing the front and rear tires, as well as the seating capacity and vehicle capacity weight are correct on tire and loading information labels on the subject vehicles. (2) The vehicles are equipped with spare tires that have the complete tire size (T125/80R16) molded their sidewalls. (3) When a customer needs to replace the spare tire, he/she will take the vehicle to a tire store. The tire store will know what compact spare tire is needed based on the information in their catalog or by looking at the spare tire provided with the vehicle. In the case, they were to refer to the tire and loading information label, it will show the spare tire size 125/80R16 without the letter T. The only tire available with the size designation of 125/80R16 is the compact spare tire T125/80R16, and should not cause any confusion or error. (4) Risk to the public is negligible because the vehicles are equipped with the correct spare tire, and the tire and loading information label does have the correct inflation pressure for the compact spare tire. (5) GM is not aware of any incidents or injuries related to the subject condition. GM has additionally informed NHTSA that it has corrected the noncompliance so that all future production vehicles will have compliant labels. In summation, GM believes that the described noncompliance of its vehicles to meet the requirements of FMVSS No. 110 is inconsequential to motor vehicle safety, and that its petition, to exempt from providing recall notification of PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120, and 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://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, selfaddressed postcard with the comments. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). E:\FR\FM\19NON1.SGM 19NON1 Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Notices You may view documents submitted to a docket at the address and times given above. You may also view the documents on the Internet at http://www.regulations.gov by following the online instructions for accessing the dockets available at that Web site. 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: December 20, 2010 Authority: 49 U.S.C. 30118, 30120: Delegations of authority at CFR 1.50 and 501.8. Issued on: November 15, 2010. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2010–29168 Filed 11–18–10; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2010–51] Petition for Exemption; Summary of Petition Received Federal Aviation Administration, DOT. ACTION: Notice of petition for exemption received. AGENCY: This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public’s awareness of, and participation in, this aspect of FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. DATES: Comments on this petition must identify the petition docket number involved and must be received on or before November 29, 2010. ADDRESSES: You may send comments identified by Docket Number FAA– 2010–1012 using any of the following methods: • Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:02 Nov 18, 2010 Jkt 223001 • Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Fax: Fax comments to the Docket Management Facility at 202–493–2251. • Hand Delivery: Bring comments to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy: We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Docket: To read background documents or comments received, go to http://www.regulations.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Keira Jones (202) 267–4025, Tyneka Thomas (202) 267–7626 or David Staples (202) 267–4058, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on November 15, 2010. Dennis Pratte, Acting Deputy Director, Office of Rulemaking. Petition For Exemption Docket No.: FAA–2010–1012. Petitioner: Seaborne Airlines. Section of 14 CFR Affected: 14 CFR 121.305(j) Description of Relief Sought: Seaborne Airlines is requesting relief from the requirement to install a third gyroscopic bank and pitch indicator in its DHC–6– 300 aircraft. [FR Doc. 2010–29195 Filed 11–18–10; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 70965 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2010–53] Petition for Exemption; Summary of Petition Received Federal Aviation Administration, DOT. ACTION: Notice of petition for exemption received. AGENCY: This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public’s awareness of, and participation in, this aspect of FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. DATES: Comments on this petition must identify the petition docket number involved and must be received on or before November 29, 2010. ADDRESSES: You may send comments identified by Docket Number FAA– 2010–0947 and FAA–2010–0970 using any of the following methods: • Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Fax: Fax comments to the Docket Management Facility at 202–493–2251. • Hand Delivery: Bring comments to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy: We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Docket: To read background documents or comments received, go to SUMMARY: E:\FR\FM\19NON1.SGM 19NON1

Agencies

[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Notices]
[Pages 70963-70965]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29168]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0151; Notice 1]


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

    General Motors Corporation (GM),\1\ has determined that 
approximately 1,113 Model Year (MY) 2011 Buick Regal passenger cars do 
not fully comply with paragraph S4.3(d) of 49 CFR 571.110, Federal 
Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims 
for Motor Vehicles With a GVWR of 4,536 Kilograms (10,000 pounds) or 
Less. GM filed an appropriate report pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports dated July 26, 
2010.
---------------------------------------------------------------------------

    \1\ General Motors LLC (GM) is vehicle manufacturer incorporated 
under the laws of the state of Michigan.
---------------------------------------------------------------------------

    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.
    Affected are approximately 1,113 model year 2011 Buick Regal 
passenger cars manufactured between January 20, 2010, and May 18, 2010 
at GM's R[uuml]sselsheim assembly plant.

[[Page 70964]]

    The National Highway Traffic Safety Administration (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, these provisions only 
apply to the 1,113 \2\ vehicles that have already passed from the 
manufacturer to an owner, purchaser, or dealer.
---------------------------------------------------------------------------

    \2\ GM's petition, which was filed under 49 CFR part 556, 
requests an agency decision to exempt GM as a manufacturer from the 
notification and recall responsibilities of 49 CFR part 573 for 
1,113 of the affected vehicles. However, the agency cannot relieve 
GM distributors 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.
---------------------------------------------------------------------------

    Paragraph S4.3 of FMVSS No. 110 requires in pertinent part:

    S4.3 Placard. Each vehicle, except for a trailer or incomplete 
vehicle, shall show the information specified in S4.3 (a) through 
(g), and may show, at the manufacturer's option, the information 
specified in S4.3 (h) and (i), on a placard permanently affixed to 
the driver's side B-pillar. In each vehicle without a driver's side 
B-pillar and with two doors on the driver's side of the vehicle 
opening in opposite directions, the placard shall be affixed on the 
forward edge of the rear side door. If the above locations do not 
permit the affixing of a placard that is legible, visible and 
prominent, the placard shall be permanently affixed to the rear edge 
of the driver's side door. If this location does not permit the 
affixing of a placard that is legible, visible and prominent, the 
placard shall be affixed to the inward facing surface of the vehicle 
next to the driver's seating position. This information shall be in 
the English language and conform in color and format, not including 
the border surrounding the entire placard, as shown in the example 
set forth in Figure 1 in this standard. At the manufacturer's 
option, the information specified in S4.3 (c), (d), and, as 
appropriate, (h) and (i) may be shown, alternatively to being shown 
on the placard, on a tire inflation pressure label which must 
conform in color and format, not including the border surrounding 
the entire label, as shown in the example set forth in Figure 2 in 
this standard. The label shall be permanently affixed and proximate 
to the placard required by this paragraph. The information specified 
in S4.3 (e) shall be shown on both the vehicle placard and on the 
tire inflation pressure label (if such a label is affixed to provide 
the information specified in S4.3 (c), (d), and, as appropriate, (h) 
and (i)) may be shown in the format and color scheme set forth in 
Figures 1 and 2. * * *
    (d) Tire size designation, indicated by the headings ``size'' or 
``original tire size'' or ``original size,'' and ``spare tire'' or 
``spare,'' for the tires installed at the time of the first purchase 
for purposes other than resale. For full size spare tires, the 
statement ``see above'' may, at the manufacturer's option replace 
the tire size designation. If no spare tire is provided, the word 
``none'' must replace the tire size designation; * * *

    GM explains that the noncompliance with FMVSS No. 110 is the 
omission of the letter ``T'' in the spare tire size printed on the tire 
and loading information labels that it affixed to the vehicles. 
Currently the tire size designation shows the spare tire size as ``125/
80R16'' instead of ``T125/80R16.''
    GM reported that the noncompliance was brought to their attention 
in May of 2010 by the Global Subsystem Leadership Team during an 
internal audit in the R[uuml]sselsheim Assembly Plant.
    GM additionally stated that it believes that this noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (1) All information for maintaining and/or replacing the front and 
rear tires, as well as the seating capacity and vehicle capacity weight 
are correct on tire and loading information labels on the subject 
vehicles.
    (2) The vehicles are equipped with spare tires that have the 
complete tire size (T125/80R16) molded their sidewalls.
    (3) When a customer needs to replace the spare tire, he/she will 
take the vehicle to a tire store. The tire store will know what compact 
spare tire is needed based on the information in their catalog or by 
looking at the spare tire provided with the vehicle. In the case, they 
were to refer to the tire and loading information label, it will show 
the spare tire size 125/80R16 without the letter T. The only tire 
available with the size designation of 125/80R16 is the compact spare 
tire T125/80R16, and should not cause any confusion or error.
    (4) Risk to the public is negligible because the vehicles are 
equipped with the correct spare tire, and the tire and loading 
information label does have the correct inflation pressure for the 
compact spare tire.
    (5) GM is not aware of any incidents or injuries related to the 
subject condition.
    GM has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production vehicles will have 
compliant labels.
    In summation, GM believes that the described noncompliance of its 
vehicles to meet the requirements of FMVSS No. 110 is inconsequential 
to motor vehicle safety, and that its petition, to exempt 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, and 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.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). DOT's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 (65 
FR 19477-78).

[[Page 70965]]

    You may view documents submitted to a docket at the address and 
times given above. You may also view the documents on the Internet at 
http:[sol][sol]www.regulations.gov by following the online instructions 
for accessing the dockets available at that Web site.
    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: December 20, 2010

    Authority:  49 U.S.C. 30118, 30120: Delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: November 15, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-29168 Filed 11-18-10; 8:45 am]
BILLING CODE 4910-59-P