General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 38801-38803 [2013-15467]
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Federal Register / Vol. 78, No. 124 / Thursday, June 27, 2013 / Notices
and HB2. (Bulb manufacturers tend to
use corresponding ANSI trade numbers
such as 9004, as well). Each type of
replaceable light source is unique in
dimensional and electrical design so as
not to be interchangeable with another
type of replaceable light source. Every
replaceable light source must be
designed to conform to the marking,
dimensional, and electrical
specifications applicable to the type of
replaceable light source that it replaces.
For instance, the replacement light
source must have the same (within a
tolerance) luminous flux (a measure of
light output) as the light source it
replaces. When the light source is
mounted in a headlamp for that type of
light source, the lamp must discharge
light in specified directions and
intensity levels, to satisfy the same
requirements of the standard. If it were
otherwise, among other things, the
wrong light sources could be placed in
headlamps and the light output would
be incorrect or improper.
NHTSA’S Analyses: Panda Power
argues that the noncompliance is
inconsequential to motor vehicle safety,
primarily, because the kits were
originally intended for sale to the
agricultural community and to be
placed on tractors and combines, or for
off-road vehicles, or for exhibition
purposes. NHTSA reviewed the Office
Activity file for the original
investigation with Panda Power.
Excerpts from Panda Powers Web site,
dated June 24, 2009, clearly indicate
that these items are intended for motor
vehicle headlamps. The site displays
pictures of numerous passenger cars
(e.g., Mercedes Benz, Lexus, Toyota, and
Mitsubishi), references other motor
vehicles (e.g., BMW), provides a link to
Sylvania’s replacement bulb guide for
motor vehicles, and provides pictures of
beam patterns as seen on roadways. It
also provides troubleshooting tips for
installations on motor vehicles
containing daytime running lamps and
how to stop lamp flicker when hitting
bumps in the road. Because of this
information, we find that Panda Powers
claim that they sold these items for nonroad use to be disingenuous.
Panda Power further states that its
products are likely no longer
functioning. Regardless of the quality of
Panda Power’s products, the Motor
Vehicle Safety Act requires that
manufacturers (defined to include
importers) of noncompliant equipment
must notify purchasers of the
noncompliance (pursuant to 49 U.S.C.
30119) and provide a free remedy
(pursuant to 49 U.S.C. 30120). If a free
remedy cannot be provided then
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repurchase should be initiated in a
reasonable time frame.
Panda Power also argues that because
it stopped selling the HID conversion
kits, it should not be required to
conduct a recall and remedy campaign.
Among other things, 49 U.S.C. 30112(a)
prohibits the importation and sale of
noncompliant equipment and Panda
Power is compelled to discontinue this
practice to prevent further violations of
49 U.S.C. 30112(a), and not as a waiver
from the recall and remedy
requirements. NHTSA’S Response to
Comments: NHTSA received comments
from two parties. Both of these parties
recommend denying Panda Power’s
petition.
Daniel J. Stern of the Daniel Stern
Lighting Consultancy provided a
substantive, practical, and technical
argument regarding the effects on
headlamp performance when replacing
standardized headlamp replaceable light
sources with HID conversion kits. Mr.
Stern stated that installing HID light
sources into headlamps that were
designed to accept tungsten-halogen
light sources would create an enormous
increase in glare light directed towards
other road users, and reduce the driver’s
distance visual acuity due to increased
foreground illumination. Mr. Stern also
stated that the noncompliance created
by Panda Power’s HID kits appear to be
systemic, pervasive, and substantial,
creating a significant safety risk to the
motoring public.
Michael F. Turpen, a private citizen,
examined archives of Panda Power’s
Web site using
www.waybackmachine.org (a Web site
maintained by the Internet Archive, a
501(3)(c) non-profit corporation). He
referenced archived pages of Panda
Power’s Web site that showed its HID
Conversion kits installed on motor
vehicles, photos of headlamp output on
streets in residential neighborhoods,
and banners that indicate ‘‘offering HID
kits for any vehicle.’’
NHTSA Decision: In consideration of
the foregoing, NHTSA has decided that
Panda Power has not met its burden of
persuasion that the FMVSS No. 108
noncompliances identified in Panda
Power’s Noncompliance Information
Report does not present a significant
safety risk resulting from increases in
glare when its HID headlamp
conversion kits are used in headlamps
that were not designed for this type of
light source. Therefore, NHTSA does
not agree with Panda Power that this
specific noncompliance is
inconsequential to motor vehicle safety.
Accordingly, Panda Power’s petition is
hereby denied, and the Panda Power
must notify owners, purchasers and
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38801
dealers pursuant to 49 U.S.C. 30118 and
provide a remedy in accordance with 49
U.S.C. 30120.
Authority: (49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.95 and
501.8)
Issued On: June 19, 2013.
Nancy Lummen Lewis,
Associate Administrator for Enforcement.
[FR Doc. 2013–15470 Filed 6–26–13; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0006; Notice 1]
General Motors, LLC, Receipt of
Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration, DOT.
ACTION: Receipt of Petition.
AGENCY:
General Motors, LLC (GM) 1
has determined that certain model year
(MY) 2007 through 2013 GM trucks and
multipurpose passenger vehicles
(MPVs) manufactured from June 19,
2006, through December 6, 2012 do not
fully comply with paragraph S4.3 of
Federal Motor Vehicle Safety Standard
(FMVSS) No. 110, Tire Selection and
Rims for Motor Vehicles with a GVWR
of 4,536 Kilograms or less. GM has filed
an appropriate report dated December
19, 2012, pursuant to 49 CFR Part 573,
Defect and Noncompliance
Responsibility and Reports.
Pursuant to 49 U.S.C. 30118(d) and
30120(h) (see implementing rule at 49
CFR Part 556), GM submitted a petition
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.
Vehicles Involved: Affected are
approximately 5,690: MY 2007 through
2013 Chevrolet Silverado trucks,
Suburban MPVs and Tahoe MPVs; MY
2007 through 2013 GMC Sierra trucks;
MY 2012 GMC Yukon MPVs; and MY
2007, 2009, 2011, 2012 and 2013 Yukon
XL MPV’s. The affected vehicles were
SUMMARY:
1 General Motors, LLC is a manufacturer of motor
vehicles and is registered under the laws of the state
of Michigan.
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38802
Federal Register / Vol. 78, No. 124 / Thursday, June 27, 2013 / Notices
manufactured from June 19, 2006
through December 6, 2012.
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
5,690 2 vehicles that GM no longer
controlled at the time it determined that
the noncompliance existed.
RULE TEXT: Paragraph S4.3 of
FMVSS No. 110 requires in pertinent
part:
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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
2 GM’s petition, which was filed under 49 CFR
Part 556, requests an agency decision to exempt GM
as a motor vehicle manufacturer from the
notification and recall responsibilities of 49 CFR
Part 573 for the affected vehicles. However, a
decision on this petition cannot relieve vehicle
distributors and dealers of the prohibitions on the
sale, offer for sale, introduction or delivery for
introduction into interstate commerce of the
noncompliant motor vehicles under their control
after GM notified them that the subject
noncompliance existed.
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18:12 Jun 26, 2013
Jkt 229001
1 and 2. If the vehicle is a motor home and
is equipped with a propane supply, the
weight of full propane tanks must be
included in the vehicle’s unloaded vehicle
weight. If the vehicle is a motor home and
is equipped with an on-board potable water
supply, the weight of such on-board water
must be treated as cargo . . .
(b) Designated seated capacity (expressed
in terms of total number of occupants and
number of occupants for each front and rear
seat location) * * *
Summary of Gm’s Analyses: GM
explains that the noncompliance is that
the subject vehicles are equipped with
special equipment options 9S1 & 9U3
and are built with 2 front seating
positions separated by floor space.
However, the tire and loading placards
incorrectly indicate that the vehicles
have 3 front seating positions and
therefore do not fully comply with
paragraph S4.3 of FMVSS No. 110.
GM further stated that the error
resulted in the following condition on
the subject placards of these vehicles:
• The seating capacity for the front
row seat is incorrectly shown as 3
instead of 2.
• The total seating capacity is
overstated by 1. For example, the total
seating capacity is incorrectly shown as
3 instead of 2 for the vehicles with one
row of seats, and as 6 instead of 5 for
the vehicles with two rows of seats.
• The vehicle capacity weight
(expressed as a combined weight of
occupants and cargo) on the placard is
correct. The seating capacity error has
no impact on the vehicle capacity
weight.
• All other information (front, rear
and spare tire size designations and
their respective cold tire inflation
pressures as well as vehicle capacity
weight) on the subject placards is
correct.
GM stated its belief that this
noncompliance is inconsequential to
motor vehicle safety for the following
reasons:
1. The subject vehicles are equipped
with two bucket seats with one seat belt
each in the front row. GM believes that
the number of seats and the number of
seat belts installed in the vehicle will
clearly indicate to the customers the
actual seating capacity, and it will be
apparent to any observer that there are
only two front seating positions. Even if
an occupant references the tire
information placard to determine the
vehicle’s seating capacity, it will be
readily apparent that the front row
seating capacity is 2 and not 3.
2. The vehicle capacity weight
(expressed as a combined weight of
occupants and cargo) on the placard is
correct. The seating capacity error has
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no impact on the vehicle capacity
weight, and therefore, there is no risk of
vehicle overloading.
3. All information required for
maintaining and/or replacing the front
and rear tires is correct on the tire
information placard of the subject
vehicles.
4. All other applicable requirements
of FMVSS No. 110 have been met.
5. GM is not aware of any customer
complaints, incidents or injuries related
to the incorrect seating capacity on the
subject tire information placards.
GM additionally informed NHTSA
that it has corrected the noncompliance
so that all future production vehicles
will fully comply with FMVSS No. 110.
In summation, GM believes that the
described noncompliance of its vehicles
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 should be granted.
Comments: 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 https://
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 https://
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Federal Register / Vol. 78, No. 124 / Thursday, June 27, 2013 / Notices
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
https://www.regulations.gov by following
the online instructions for accessing the
dockets. DOT’s complete Privacy Act
Statement is available for review in the
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: July 29, 2013.
Authority: (49 U.S.C. 30118, 30120:
Delegations of authority at 49 CFR 1.95 and
501.8)
Issued On: June 24, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013–15467 Filed 6–26–13; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2013–0084]
Pipeline Safety: Information Collection
Activities, Revisions to Incident and
Annual Reports for Gas Pipeline
Operators
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
PHMSA invites comments on an
information collection under Office of
Management and Budget (OMB) Control
No. 2137–0522, titled ‘‘Incident and
Annual Reports for Gas Pipeline
Operators.’’ PHMSA is preparing to
revise seven forms which are included
in this information collection. These
forms include: PHMSA F 7100.1
Incident Report—Gas Distribution
System; PHMSA F 7100.1–2 Mechanical
Fitting Failure Report Form for Calendar
Year 20l for Distribution Operators;
PHMSA F 7100.2 Incident Report—
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SUMMARY:
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18:12 Jun 26, 2013
Jkt 229001
Natural and Other Gas Transmission
and Gathering Pipeline Systems;
PHMSA F 7100.2–1 Annual Report for
Calendar Year 20l Natural and Other
Gas Transmission and Gathering
Pipeline Systems; PHMSA F 7100.3
Incident Report—Liquefied Natural Gas
Facilities; and PHMSA F 7100.3–1
Annual Report for Calendar Year 20__
Liquefied Natural Gas Facilities. In
accordance with the Paperwork
Reduction Act of 1995, PHMSA invites
comments on the proposed revisions to
these forms and instructions.
DATES: Interested persons are invited to
submit comments on or before August
26, 2013.
ADDRESSES: Comments may be
submitted in the following ways:
E-Gov Web site: https://
www.regulations.gov. This site allows
the public to enter comments on any
Federal Register notice issued by any
agency.
Fax: 1–202–493–2251.
Mail: Docket Management Facility;
U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE.,
West Building, Room W12–140,
Washington, DC 20590–0001.
Hand Delivery: Room W12–140 on the
ground level of DOT, West Building,
1200 New Jersey Avenue SE.,
Washington, DC, between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except Federal holidays.
Instructions: Identify the docket
number, PHMSA–2013–0084, at the
beginning of your comments. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. You
should know that 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.).
Therefore, you may want to review
DOT’s complete Privacy Act Statement
in the Federal Register published on
April 11, 2000 (65 FR 19477) or visit
https://www.regulations.gov before
submitting any such comments.
Docket: For access to the docket or to
read background documents or
comments, go to https://
www.regulations.gov at any time or to
Room W12–140 on the ground level of
DOT, West Building, 1200 New Jersey
Avenue SE., Washington, DC, between
9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays.
If you wish to receive confirmation of
receipt of your written comments,
please include a self-addressed,
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38803
stamped postcard with the following
statement: ‘‘Comments on: PHMSA–
2013–0084.’’ The Docket Clerk will date
stamp the postcard prior to returning it
to you via the U.S. mail. Please note that
due to delays in the delivery of U.S.
mail to Federal offices in Washington,
DC, we recommend that persons
consider an alternative method
(internet, fax, or professional delivery
service) of submitting comments to the
docket and ensuring their timely receipt
at DOT.
FOR FURTHER INFORMATION CONTACT:
Angela Dow by telephone at 202–366–
1246, by email at Angela.Dow@dot.gov,
by fax at 202–366–4566, or by mail at
DOT, PHMSA, 1200 New Jersey Avenue
SE., PHP–30, Washington, DC 20590–
0001.
SUPPLEMENTARY INFORMATION:
I. Background
Section 1320.8(d), Title 5, Code of
Federal Regulations, requires PHMSA to
provide interested members of the
public and affected agencies an
opportunity to comment on information
collection and recordkeeping requests.
This notice identifies an information
collection request that PHMSA will be
submitting to OMB for revision. The
information collection expires February
28, 2014, and is identified under OMB
Control No. 2137–0522, titled: ‘‘Incident
and Annual Reports for Gas Pipeline
Operators.’’ PHMSA is considering the
revision of the seven forms that are
contained within this information
collection. The revisions to each of the
forms are described below.
A. Gas Distribution Incident Report
(PHMSA F. 7100.1)
PHMSA intends to revise the PHMSA
F 7100.1 Incident Report—Gas
Distribution System Form (GD Incident
Report Form) by adding a pipe material
type, adding a commodity type,
changing system types, removing a
system type, requiring additional fields,
and revising the instructions.
Background for these topics is as
follows:
1. Adding Pipe Material Type of
Reconditioned Cast Iron
PHMSA recognizes that reconditioned
cast iron pipe may be used in gas
distribution systems. This new pipe
material type will be added as an option
in part C4.
2. Adding Commodity of Landfill Gas
PHMSA recognizes that gas
distribution pipelines may transport gas
produced in landfills. In order to
differentiate this type of gas, the
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]]>Agencies
[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38801-38803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15467]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0006; Notice 1]
General Motors, LLC, Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Receipt of Petition.
-----------------------------------------------------------------------
SUMMARY: General Motors, LLC (GM) \1\ has determined that certain model
year (MY) 2007 through 2013 GM trucks and multipurpose passenger
vehicles (MPVs) manufactured from June 19, 2006, through December 6,
2012 do not fully comply with paragraph S4.3 of Federal Motor Vehicle
Safety Standard (FMVSS) No. 110, Tire Selection and Rims for Motor
Vehicles with a GVWR of 4,536 Kilograms or less. GM has filed an
appropriate report dated December 19, 2012, pursuant to 49 CFR Part
573, Defect and Noncompliance Responsibility and Reports.
Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR Part 556), GM submitted a petition 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.
---------------------------------------------------------------------------
\1\ General Motors, LLC is a manufacturer of motor vehicles and
is registered under the laws of the state of Michigan.
---------------------------------------------------------------------------
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.
Vehicles Involved: Affected are approximately 5,690: MY 2007
through 2013 Chevrolet Silverado trucks, Suburban MPVs and Tahoe MPVs;
MY 2007 through 2013 GMC Sierra trucks; MY 2012 GMC Yukon MPVs; and MY
2007, 2009, 2011, 2012 and 2013 Yukon XL MPV's. The affected vehicles
were
[[Page 38802]]
manufactured from June 19, 2006 through December 6, 2012.
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 5,690 \2\ vehicles that GM no longer controlled at
the time it determined that the noncompliance existed.
---------------------------------------------------------------------------
\2\ GM's petition, which was filed under 49 CFR Part 556,
requests an agency decision to exempt GM as a motor vehicle
manufacturer from the notification and recall responsibilities of 49
CFR Part 573 for the affected vehicles. However, a decision on this
petition cannot relieve vehicle distributors and dealers of the
prohibitions on the sale, offer for sale, introduction or delivery
for introduction into interstate commerce of the noncompliant motor
vehicles under their control after GM notified them that the subject
noncompliance existed.
---------------------------------------------------------------------------
RULE TEXT: 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. If the vehicle is a motor home and is equipped with
a propane supply, the weight of full propane tanks must be included
in the vehicle's unloaded vehicle weight. If the vehicle is a motor
home and is equipped with an on-board potable water supply, the
weight of such on-board water must be treated as cargo . . .
(b) Designated seated capacity (expressed in terms of total
number of occupants and number of occupants for each front and rear
seat location) * * *
Summary of Gm's Analyses: GM explains that the noncompliance is
that the subject vehicles are equipped with special equipment options
9S1 & 9U3 and are built with 2 front seating positions separated by
floor space. However, the tire and loading placards incorrectly
indicate that the vehicles have 3 front seating positions and therefore
do not fully comply with paragraph S4.3 of FMVSS No. 110.
GM further stated that the error resulted in the following
condition on the subject placards of these vehicles:
The seating capacity for the front row seat is incorrectly
shown as 3 instead of 2.
The total seating capacity is overstated by 1. For
example, the total seating capacity is incorrectly shown as 3 instead
of 2 for the vehicles with one row of seats, and as 6 instead of 5 for
the vehicles with two rows of seats.
The vehicle capacity weight (expressed as a combined
weight of occupants and cargo) on the placard is correct. The seating
capacity error has no impact on the vehicle capacity weight.
All other information (front, rear and spare tire size
designations and their respective cold tire inflation pressures as well
as vehicle capacity weight) on the subject placards is correct.
GM stated its belief that this noncompliance is inconsequential to
motor vehicle safety for the following reasons:
1. The subject vehicles are equipped with two bucket seats with one
seat belt each in the front row. GM believes that the number of seats
and the number of seat belts installed in the vehicle will clearly
indicate to the customers the actual seating capacity, and it will be
apparent to any observer that there are only two front seating
positions. Even if an occupant references the tire information placard
to determine the vehicle's seating capacity, it will be readily
apparent that the front row seating capacity is 2 and not 3.
2. The vehicle capacity weight (expressed as a combined weight of
occupants and cargo) on the placard is correct. The seating capacity
error has no impact on the vehicle capacity weight, and therefore,
there is no risk of vehicle overloading.
3. All information required for maintaining and/or replacing the
front and rear tires is correct on the tire information placard of the
subject vehicles.
4. All other applicable requirements of FMVSS No. 110 have been
met.
5. GM is not aware of any customer complaints, incidents or
injuries related to the incorrect seating capacity on the subject tire
information placards.
GM additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles will fully comply
with FMVSS No. 110.
In summation, GM believes that the described noncompliance of its
vehicles 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 should be granted.
Comments: 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 https://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 https://
[[Page 38803]]
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 https://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the 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: July 29, 2013.
Authority: (49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8)
Issued On: June 24, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-15467 Filed 6-26-13; 8:45 am]
BILLING CODE 4910-59-P
