General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 65761-65762 [2013-26078]

Download as PDF Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Notices glazing; however it has markings appropriate for solar glazing. The correct privacy-glass markings and the markings on the affected quarter windows are as follows: The specific noncompliance to FMVSS No. 205 on the subject quarter windows is the AS2 designation (instead of AS3) and the M504 model designation (instead of M513). The transmissibility value on the subject windows is also incorrect (70% instead of 22%); however, this information is not specified by FMVSS No. 205 and therefore is not a compliance issue. IV. Rule Text: Paragraph S6 of FMVSS No. 205 specifically states: emcdonald on DSK67QTVN1PROD with NOTICES S6. Certification and marking. S6.1A prime glazing material manufacturer must certify, in accordance with 49 U.S.C. 30115, each piece of glazing material to which this standard applies that is designed— (a) As a component of any specific motor vehicle or camper; or (b) To be cut into components for use in motor vehicles or items of motor vehicle equipment. S6.2A prime glazing manufacturer certifies its glazing by adding to the marks required by section 7 of ANSI/SAE Z26.1–1996, in letters and numerals of the same size, the symbol ‘‘DOT’’ and a manufacturer’s code mark that NHTSA assigns to the manufacturer. NHTSA will assign a code mark to a manufacturer after the manufacturer submits a written request to the Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 20590. The request must include the company name, address, and a statement from the manufacturer certifying its status as a prime glazing manufacturer as defined in S4. S6.3A manufacturer or distributor who cuts a section of glazing material to which this standard applies, for use in a motor vehicle or camper, must— (a) Mark that material in accordance with section 7 of ANSI/SAE Z26.1–1996; and (b) Certify that its product complies with this standard in accordance with 49 U.S.C. 30115. Summary of GM’s Analyses: GM stated its belief that this noncompliance is inconsequential to motor vehicle safety for the following reasons: 1. The subject glazing meets all applicable performance requirements of FMVSS No. 205. There is no safety performance implication associated with this technical noncompliance. 2. In addition to meeting all of the component-level performance requirements of FMVSS No. 205, the subject glazing also fully meets the vehicle-level installation requirements specified by FMVSS No. 205. The subject tempered-glass glazing at 22% transmissibility is permitted in the left- VerDate Mar<15>2010 17:40 Oct 31, 2013 Jkt 232001 rear quarter window location on the affected vehicles. 3. The actual transmissibility of the subject glazing (approximately 22%) is consistent with all other glazing rearward of the driver (i.e., the rear side windows, the back window, and the right-side rear quarter glazing) on the affected vehicles. Accordingly, there is no reason for the customer, state inspection authorities, service personnel, or anyone else to focus on or detect any distinction involving the subject left-side rear quarter window. 4. None of the subject population of glazing will be available as service parts. Therefore, if service replacement of the left-rear quarter window on an affected vehicle is required, the replacement part would be correct and properly labeled in accordance with all FMVSS No. 205 requirements. 5. Even in the extremely unlikely event that a glazing corresponding to the incorrect markings (i.e., solar glazing with 70% transmittance) was installed on an affected vehicle, this would also be fully compliant to all requirements of FMVSS No. 205, including the component-level, vehicle-level and marking requirements of the standard. GM also stated its belief that NHTSA has previously granted inconsequential treatment for FMVSS No. 205 marking noncompliances. GM has additionally informed NHTSA that it has corrected the noncompliance so that all future production vehicles will comply with FMVSS No. 205. 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. 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 170 vehicles that GM no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction for delivery or introduction into interstate commerce of PO 00000 Frm 00157 Fmt 4703 Sfmt 4703 65761 the noncompliant vehicles under their control after GM notified them that the subject noncompliance existed. Authority: (49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8) Issued on: October 29, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–26096 Filed 10–31–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2013–0081; 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) has determined that certain model year 2013 Cadillac XTS passenger cars do not fully comply with paragraph S9.1.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. GM has filed an appropriate report dated May 16, 2013, pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. DATES: December 2, 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 Delivery: 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 http:// www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to (202) 493–2251. SUMMARY: E:\FR\FM\01NON1.SGM 01NON1 emcdonald on DSK67QTVN1PROD with NOTICES 65762 Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Notices 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. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at http://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. II. Vehicles Involved: Affected are approximately 24,139 model year 2013 Cadillac XTS passenger cars manufactured from February 2, 2012 to May 2, 2013. III. Noncompliance: GM has determined that the turn signal in the subject vehicles does not fully comply with paragraph S9.1.1 of FMVSS No. 108, which requires an active turn signal to cancel when the steering wheel is rotated. On some of the vehicles, the turn signal may occasionally not selfcancel by steering wheel rotation. The turn signal can be cancelled manually. VerDate Mar<15>2010 17:40 Oct 31, 2013 Jkt 232001 IV. Rule Text: Paragraph S9.1.1 of FMVSS No. 108 specifically states: S9.1 Turn signal operating unit. S9.1.1 The turn signal operating unit installed on passenger cars, multipurpose passenger vehicles, trucks, and buses less than 2032 mm in overall width must be selfcanceling by steering wheel rotation and capable of cancellation by a manually operated control. V. Summary of GM’s Analyses: GM stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: This condition is inconsequential to motor vehicle safety for the following reasons: 1. Manual operation of the turn signal is unaffected. The driver can manually cancel the turn signal in the rare event the self-cancelling feature does not work. 2. If the turn signal does not selfcancel, the driver is alerted to the fact that the turn signal remains on through multiple means: a. The turn signal telltale continues to flash; b. The audible turn signal indicator persists as long as the turn signal is active; c. The redundant turn signals (mounted on the outer edge of both outboard mirrors) that are visible to the driver continue to flash as long as the turn signal is active; d. After traveling 3/4 of mile with the turn signal active, a Driver Information Center message, ‘‘TURN SIGNAL ON,’’ is displayed indicating a turn signal has been left on; and e. The DIC message is accompanied by a single chime to alert the driver to the DIC message indicating the turn signal is still active. 3. GM records as of the week of 13 May 2013 indicate the condition declares itself early and is nearly always repaired within the first few months of service. a. GM does not have a specific labor code for the subject condition. Through a search of all possibly related labor codes, GM found nineteen repairs that might possibly be associated with subject condition. Even conservatively including all nineteen repairs as related to the subject condition, the resulting warranty rate is projected very low at 1.8 IPTV in 36 Month in Service. b. Of the nineteen repairs, five were repaired prior to customer delivery and nine were repaired in the first 2 months in service. 4. NHTSA has previously granted petitions for inconsequential that are similar to the subject noncompliance. PO 00000 Frm 00158 Fmt 4703 Sfmt 4703 GM has additionally informed NHTSA that it has corrected the noncompliance so that all future production vehicles will comply with FMVSS No. 108. 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. 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 24,139 vehicles that GM no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction for delivery or introduction into interstate commerce of the noncompliant vehicles under their control after GM notified them that the subject noncompliance existed. Authority: (49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8) Issued on: October 29, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–26078 Filed 10–31–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35775] Union Pacific Railroad Company— Trackage Rights Exemption—CSX Transportation, Inc. CSX Transportation, Inc. (CSXT), pursuant to a written agreement dated September 4, 2013, has agreed to grant overhead trackage rights to Union Pacific Railroad Company (UP) on the Elsdon Subdivision, between milepost 19.3 at Blue Island, Ill. and milepost E:\FR\FM\01NON1.SGM 01NON1

Agencies

[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Notices]
[Pages 65761-65762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26078]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0081; 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) has determined that certain model 
year 2013 Cadillac XTS passenger cars do not fully comply with 
paragraph S9.1.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 
108, Lamps, Reflective Devices, and Associated Equipment. GM has filed 
an appropriate report dated May 16, 2013, pursuant to 49 CFR Part 573, 
Defect and Noncompliance Responsibility and Reports.

DATES: December 2, 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 Delivery: 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 http://www.regulations.gov/. Follow the online instructions for submitting 
comments. Comments may also be faxed to (202) 493-2251.

[[Page 65762]]

    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://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://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.
    II. Vehicles Involved: Affected are approximately 24,139 model year 
2013 Cadillac XTS passenger cars manufactured from February 2, 2012 to 
May 2, 2013.
    III. Noncompliance: GM has determined that the turn signal in the 
subject vehicles does not fully comply with paragraph S9.1.1 of FMVSS 
No. 108, which requires an active turn signal to cancel when the 
steering wheel is rotated. On some of the vehicles, the turn signal may 
occasionally not self-cancel by steering wheel rotation. The turn 
signal can be cancelled manually.
    IV. Rule Text: Paragraph S9.1.1 of FMVSS No. 108 specifically 
states:

    S9.1 Turn signal operating unit.
    S9.1.1 The turn signal operating unit installed on passenger 
cars, multipurpose passenger vehicles, trucks, and buses less than 
2032 mm in overall width must be self-canceling by steering wheel 
rotation and capable of cancellation by a manually operated control.

    V. Summary of GM's Analyses: GM stated its belief that the subject 
noncompliance is inconsequential to motor vehicle safety for the 
following reasons:
    This condition is inconsequential to motor vehicle safety for the 
following reasons:
    1. Manual operation of the turn signal is unaffected. The driver 
can manually cancel the turn signal in the rare event the self-
cancelling feature does not work.
    2. If the turn signal does not self-cancel, the driver is alerted 
to the fact that the turn signal remains on through multiple means:
    a. The turn signal telltale continues to flash;
    b. The audible turn signal indicator persists as long as the turn 
signal is active;
    c. The redundant turn signals (mounted on the outer edge of both 
outboard mirrors) that are visible to the driver continue to flash as 
long as the turn signal is active;
    d. After traveling 3/4 of mile with the turn signal active, a 
Driver Information Center message, ``TURN SIGNAL ON,'' is displayed 
indicating a turn signal has been left on; and
    e. The DIC message is accompanied by a single chime to alert the 
driver to the DIC message indicating the turn signal is still active.
    3. GM records as of the week of 13 May 2013 indicate the condition 
declares itself early and is nearly always repaired within the first 
few months of service.
    a. GM does not have a specific labor code for the subject 
condition. Through a search of all possibly related labor codes, GM 
found nineteen repairs that might possibly be associated with subject 
condition. Even conservatively including all nineteen repairs as 
related to the subject condition, the resulting warranty rate is 
projected very low at 1.8 IPTV in 36 Month in Service.
    b. Of the nineteen repairs, five were repaired prior to customer 
delivery and nine were repaired in the first 2 months in service.
    4. NHTSA has previously granted petitions for inconsequential that 
are similar to the subject noncompliance.
    GM has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production vehicles will comply with 
FMVSS No. 108.
    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.
    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 24,139 vehicles that GM no longer controlled 
at the time it determined that the noncompliance existed. However, any 
decision on this petition does not relieve vehicle distributors and 
dealers of the prohibitions on the sale, offer for sale, or 
introduction for delivery or introduction into interstate commerce of 
the noncompliant vehicles under their control after GM notified them 
that the subject noncompliance existed.

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

    Issued on: October 29, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-26078 Filed 10-31-13; 8:45 am]
BILLING CODE 4910-59-P