General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 60019-60020 [2013-23663]

Download as PDF Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Notices published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). By Order of the Maritime Administrator. Dated: September 24, 2013. Julie P. Agarwal, Secretary, Maritime Administration. [FR Doc. 2013–23735 Filed 9–27–13; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2012–0144; Notice 1] General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: General Motors, LLC (GM) 1 has determined that certain model year 2013 Chevrolet Malibu passenger cars manufactured between June 21, 2011 and July 24, 2012, do not fully comply with paragraphs S3.1.4.1(a) and (b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 102, Transmission Shift Position Sequence, Starter Interlock, and Transmission Braking Effect. GM has filed an appropriate report dated August 3, 2012, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: October 30, 2013. 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 at the beginning of this notice and be submitted by any of the following methods: • Mail: Send comments 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. • Hand Deliver: Deliver comments by hand 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. • Electronically: Submit comments electronically by: Logging onto the Federal Docket Management System tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: 1 General Motors, LLC, is a manufacturer of motor vehicles and is registered under the laws of the state of Michigan. VerDate Mar<15>2010 18:06 Sep 27, 2013 Jkt 229001 (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:// 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. SUPPLEMENTARY INFORMATION: I. GM’s Petition 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. 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 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 60019 defect or noncompliance. Therefore, these provisions only apply to the subject 23,910 2 2013 Chevrolet Malibu passenger cars that GM no longer controlled at the time it determined that the noncompliance existed. II. Vehicles Involved Affected are approximately 23,910 model year 2013 Chevrolet Malibu passenger cars manufactured between June 21, 2011 and July 24, 2012. III. Noncompliance GM explains that the noncompliance is that in the subject vehicles, because the primary shift lever position backlight in the console shift indicator can fail to illuminate, the transmission shift position selected in relation to the other gears is not always provided under the required conditions specified in S3.1.4.1 (a) and (b). IV. Rule Text Paragraph S3.1.4.1 (a) and (b) of FMVSS No. 102 specifically states: S3.1.4 Identification of shift positions and of shift position sequence. S3.1.4.1 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 (b) The transmission is not in park. V. Summary Of GM’s Analysis and Arguments GM stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: 1. There is minimal risk that the operator will shift the vehicle out of park without being aware that the transmission shift position sequence display is not illuminated since the condition can only be initiated at keyup (engine crank). The condition cannot be initiated while driving. 2. The condition corrects on the next ignition cycle. Throughout our investigation it never repeated on consecutive ignition cycles. 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 2013 Chevrolet Malibu passenger cars. 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. E:\FR\FM\30SEN1.SGM 30SEN1 tkelley on DSK3SPTVN1PROD with NOTICES 60020 Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Notices 3. The gear selected is always provided in a redundant display located in the instrument panel (IP) cluster. a. The up-level IP cluster is utilized in 85% of the vehicle production and displays the gear selected in relation to the other gears for 3 seconds whenever the vehicle is shifted. After 3 seconds the IP cluster displays only the gear selected. b. 15% of production has the base IP cluster which displays only the gear selected. 4. The system is designed to minimize the risk that the operator will shift to an unintended gear. a. When shifting, a secondary motion (button push on shifter) is required to help prevent mis-shift. A button on the shift lever must be depressed when shifting from: i. PARK to any other gear: ii. REVERSE to any other gear: or iii. DRIVE to PARK or REVERSE b. NEUTRAL gear selection from DRIVE does not require a secondary motion (button push on shifter), making location of NEUTRAL easier in a panic situation. c. The gear selected is provided as a secondary display in the IP cluster and the shifter in the subject vehicle utilizes a linear shift pattern (used on US vehicles for more than 50 years). Since the relationship between PARK, REVERSE, NEUTRAL and DRIVE is well understood by the driving public, this should assist the operator in determining the shift lever’s position in relationship to the other gear positions even when not illuminated. d. Brake Transmission Shift Interlock (BTSI) helps to assure the driver is not caught unaware when shifting from PARK since the operator must first apply the brake. e. On the subject vehicles missshifting is prevented while the vehicles are in motion. At speeds above 10 MPH, shifting from DRIVE to REVERSE or PARK; or shifting from REVERSE to PARK or DRIVE, is electronically inhibited. 5. The frequency of the condition occurring is rare and random. a. As of 25 July 2012, there were only ten reported incidents which occurred on seven of 285 captured test fleet (CTF) vehicles. The condition was reported twice on two of the CTF vehicles and did not occur on consecutive ignition cycles. b. During the investigation, it took more than a week of testing during which approximately 1000 ignition cycles were conducted on each of four CTF vehicles reported to have the condition in order to recreate the occurrence. VerDate Mar<15>2010 18:06 Sep 27, 2013 Jkt 229001 c. Warranty claims as of 25 July 2012 i. US Warranty 3 of 8,573 vehicles ii. China Warranty 2 of 11,872 vehicles iii. Korea Warranty 3 of 4,968 vehicles d. None of the Warranty claims or CTF reports indicated that the operator had experienced a mis-shift condition. e. No claims were discovered related to injury or crash. f. As of August 1, 2012, GM found no Vehicle Owner’s Questionnaires (VOQs) resulting from the subject condition during its search of the NHTSA database. 6. GM stated its belief that NHTSA granted a similar petition in the past. GM has additionally informed NHTSA that it has corrected the noncompliance so that all future production will comply with FMVSS No. 102. In summation, GM believes that the described noncompliance of the subject 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. Authority: (49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8) Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–23663 Filed 9–27–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Bureau of the Fiscal Service Proposed Collection: Comment Request for Voluntary Customer Satisfaction Surveys Notice and request for comments. ACTION: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A). Currently the Bureau of the Fiscal Service within the Department of the Treasury is soliciting comments concerning the Customer Satisfaction Survey. SUMMARY: PO 00000 Frm 00110 Fmt 4703 Sfmt 9990 Written comments should be received on or before November 30, 2013 to be assured of consideration. DATES: Direct all written comments to Bureau of the Fiscal Service, Bruce A. Sharp, 200 Third Street A4–A, Parkersburg, WV 26106–1328, or bruce.sharp@bpd.treas.gov. The opportunity to make comments online is also available at www.pracomment.gov ADDRESSES: FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies should be directed to Bruce A. Sharp, Bureau of the Fiscal Service, 200 Third Street A4–A, Parkersburg, WV 26106–1328, (304) 480–8150. SUPPLEMENTARY INFORMATION: Title: Voluntary Customer Satisfaction Survey to Implement Executive Order 12862 OMB Number: 1535–0122 Abstract: The information collected from various surveys conducted over the course of the extension period will be used to improve customer service. Current Actions: None Type of Review: Extension Affected Public: Individuals Estimated Number of Respondents: 7,000 Estimated Time Per Respondent: 7 minutes. Estimated Total Annual Burden Hours: 876 Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Date: September 25, 2013. Bruce A. Sharp, Bureau Clearance Officer. [FR Doc. 2013–23754 Filed 9–27–13; 8:45 am] BILLING CODE 4810–39–P E:\FR\FM\30SEN1.SGM 30SEN1

Agencies

[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Notices]
[Pages 60019-60020]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23663]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0144; 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.

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

SUMMARY: General Motors, LLC (GM) \1\ has determined that certain model 
year 2013 Chevrolet Malibu passenger cars manufactured between June 21, 
2011 and July 24, 2012, do not fully comply with paragraphs S3.1.4.1(a) 
and (b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 102, 
Transmission Shift Position Sequence, Starter Interlock, and 
Transmission Braking Effect. GM has filed an appropriate report dated 
August 3, 2012, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports.
---------------------------------------------------------------------------

    \1\ General Motors, LLC, is a manufacturer of motor vehicles and 
is registered under the laws of the state of Michigan.

---------------------------------------------------------------------------
DATES: October 30, 2013.

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 at the beginning of this notice and be 
submitted by any of the following methods:
     Mail: Send comments 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.
     Hand Deliver: Deliver comments by hand 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.
     Electronically: Submit comments 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://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.

SUPPLEMENTARY INFORMATION:

I. GM's Petition

    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.
    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 subject 23,910 \2\ 2013 Chevrolet Malibu passenger 
cars 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 2013 Chevrolet Malibu passenger cars. 
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.
---------------------------------------------------------------------------

II. Vehicles Involved

    Affected are approximately 23,910 model year 2013 Chevrolet Malibu 
passenger cars manufactured between June 21, 2011 and July 24, 2012.

III. Noncompliance

    GM explains that the noncompliance is that in the subject vehicles, 
because the primary shift lever position backlight in the console shift 
indicator can fail to illuminate, the transmission shift position 
selected in relation to the other gears is not always provided under 
the required conditions specified in S3.1.4.1 (a) and (b).

IV. Rule Text

    Paragraph S3.1.4.1 (a) and (b) of FMVSS No. 102 specifically 
states:

    S3.1.4 Identification of shift positions and of shift position 
sequence.
    S3.1.4.1 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
    (b) The transmission is not in park.

V. Summary Of GM's Analysis and Arguments

    GM stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    1. There is minimal risk that the operator will shift the vehicle 
out of park without being aware that the transmission shift position 
sequence display is not illuminated since the condition can only be 
initiated at key-up (engine crank). The condition cannot be initiated 
while driving.
    2. The condition corrects on the next ignition cycle. Throughout 
our investigation it never repeated on consecutive ignition cycles.

[[Page 60020]]

    3. The gear selected is always provided in a redundant display 
located in the instrument panel (IP) cluster.
    a. The up-level IP cluster is utilized in 85% of the vehicle 
production and displays the gear selected in relation to the other 
gears for 3 seconds whenever the vehicle is shifted. After 3 seconds 
the IP cluster displays only the gear selected.
    b. 15% of production has the base IP cluster which displays only 
the gear selected.
    4. The system is designed to minimize the risk that the operator 
will shift to an unintended gear.
    a. When shifting, a secondary motion (button push on shifter) is 
required to help prevent mis-shift. A button on the shift lever must be 
depressed when shifting from:
    i. PARK to any other gear:
    ii. REVERSE to any other gear: or
    iii. DRIVE to PARK or REVERSE
    b. NEUTRAL gear selection from DRIVE does not require a secondary 
motion (button push on shifter), making location of NEUTRAL easier in a 
panic situation.
    c. The gear selected is provided as a secondary display in the IP 
cluster and the shifter in the subject vehicle utilizes a linear shift 
pattern (used on US vehicles for more than 50 years). Since the 
relationship between PARK, REVERSE, NEUTRAL and DRIVE is well 
understood by the driving public, this should assist the operator in 
determining the shift lever's position in relationship to the other 
gear positions even when not illuminated.
    d. Brake Transmission Shift Interlock (BTSI) helps to assure the 
driver is not caught unaware when shifting from PARK since the operator 
must first apply the brake.
    e. On the subject vehicles miss-shifting is prevented while the 
vehicles are in motion. At speeds above 10 MPH, shifting from DRIVE to 
REVERSE or PARK; or shifting from REVERSE to PARK or DRIVE, is 
electronically inhibited.
    5. The frequency of the condition occurring is rare and random.
    a. As of 25 July 2012, there were only ten reported incidents which 
occurred on seven of 285 captured test fleet (CTF) vehicles. The 
condition was reported twice on two of the CTF vehicles and did not 
occur on consecutive ignition cycles.
    b. During the investigation, it took more than a week of testing 
during which approximately 1000 ignition cycles were conducted on each 
of four CTF vehicles reported to have the condition in order to 
recreate the occurrence.
    c. Warranty claims as of 25 July 2012
    i. US Warranty 3 of 8,573 vehicles
    ii. China Warranty 2 of 11,872 vehicles
    iii. Korea Warranty 3 of 4,968 vehicles
    d. None of the Warranty claims or CTF reports indicated that the 
operator had experienced a mis-shift condition.
    e. No claims were discovered related to injury or crash.
    f. As of August 1, 2012, GM found no Vehicle Owner's Questionnaires 
(VOQs) resulting from the subject condition during its search of the 
NHTSA database.
    6. GM stated its belief that NHTSA granted a similar petition in 
the past.
    GM has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production will comply with FMVSS No. 
102.
    In summation, GM believes that the described noncompliance of the 
subject 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.

    Authority:  (49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8)

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-23663 Filed 9-27-13; 8:45 am]
BILLING CODE 4910-59-P
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