General Motors, LLC; Receipt of Petition for Decision of Inconsequential Noncompliance, 27229-27230 [2015-11395]

Download as PDF Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices Authority: 44 U.S.C. 3501–3520. Rebecca Pennington, Chief Financial Officer. [FR Doc. 2015–11391 Filed 5–11–15; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2015–0023] mstockstill on DSK4VPTVN1PROD with NOTICES Petition for Waiver of Compliance In accordance with part 211 of Title 49 Code of Federal Regulations (CFR), this document provides the public notice that by a document dated March 9, 2015, DPS Electronics has petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR 221.13(d). FRA assigned the petition Docket Number FRA–2015– 0023. DPS Electronics is seeking a waiver of compliance from 49 CFR 221.13(d), Marking device display, which requires that the centroid of the marking device be located a minimum of 48 inches above the top of the rail. DPS would like to propose a marking device that will be located 41.3 to 44.3 inches (depending on final design) above the top of the rail. DPS is currently working on a new end-of-train device (ETD) design, the DPS 2020–He2. DPS’s plan is to reduce weight to well under 15 pounds. They propose doing so by reducing the enclosure size of the ETD to about 16 inches in height. DPS states that a 15 pound or less ETD will enhance railroad safety for all North American railways by reducing the risk of injuries to employees. A copy of the petition, technical attachments, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before VerDate Sep<11>2014 17:31 May 11, 2015 Jkt 235001 the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods: • Web site: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received by June 26, 2015 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. See also http:// www.regulations.gov/#!privacyNotice for the privacy notice of regulations.gov or interested parties may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477). Issued in Washington, DC, on May 6, 2015. Ron Hynes, Director, Office of Technical Oversight. [FR Doc. 2015–11446 Filed 5–11–15; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0035; Notice 1] General Motors, LLC; Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation, DOT. AGENCY: PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 ACTION: 27229 Receipt of petition. General Motors, LLC, (GM) has determined that certain Model Year (MY) 2012–2015 Chevrolet Sonic passenger vehicles do not fully comply with paragraph S6.5.3.4.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices and Associated Equipment. GM has filed an appropriate report dated March 2, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. SUMMARY: The closing date for comments on the petition is June 11, 2015. 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 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 http:// www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to (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. 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 DATES: E:\FR\FM\12MYN1.SGM 12MYN1 27230 Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices 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 310,243 MY 2012–2015 Chevrolet Sonic passenger cars manufactured between May 5, 2011 and February 4, 2015. III. Noncompliance: GM explains that the noncompliance is that the highbeam headlamp lenses on the subject vehicles are not marked with ‘‘HB3’’ (the HB bulb type) as required by paragraph S6.5.3.4.1 of FMVSS No. 108. IV. Rule Text: Paragraph S6.5.3.4.1 of FMVSS No. 108 requires in pertinent part: mstockstill on DSK4VPTVN1PROD with NOTICES S6.5.3.4.1 The lens of each replaceable bulb headlamp must bear permanent marking in front of each replaceable light source with which it is equipped that states either: The HB Type, if the light source conforms to S11 of this standard for filament light sources, . . . V. Summary of GM’s Analyses: GM stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) The high-beam headlamp lenses in question are clearly marked ‘‘9005’’ (the ANSI designation), which GM believes to be a well-known alternative designation recognized throughout the automotive industry and used by lighting manufacturers interchangeably with HB3 the lamp’s HB type. GM also verified that the vehicle owner’s manuals identify the high beam replacement bulb as 9005. VerDate Sep<11>2014 17:31 May 11, 2015 Jkt 235001 (B) That the mismarked high-beam headlamps are the correct headlamps for the subject vehicles and that they conform to all other requirements including photometric as required by FMVSS No. 108. (C) The risk of customer confusion when selecting a correct replacement bulb is remote. Both the HB3 type and the 9005 ANSI designation are marked on the vehicles’ headlamp bulb sockets, and packaging for replacement bulbs is commonly marked with both the HB type and the ANSI designation. GM searched a number of national automotive parts stores (Autozone, O’Reilly, Advanced Auto Parts, and Pep Boys), and found that all HB3 replacement bulbs in these stores were marked with the 9005 ANSI designation. Should a consumer attempt to install an incorrect bulb into the headlamp sockets, the bulb could not be successfully installed because of the unique nature of the socket hardware. (D) GM also cited several previous petitions that NHTSA has granted dealing with noncompliances that GM believes are similar to the noncompliance that is the subject of its petition. Based on these decisions, GM believes that there is also precedent to support granting its petition. GM is not aware of any VOQ or field data in which a consumer has complained of not being able to identify the proper replacement headlamp bulb for the affected vehicles, which GM believes to be evidence that this noncompliance is not impacting consumers. GM has additionally informed NHTSA that it has corrected the noncompliance by adding the HB3 designation bulb type to the high-beam headlamp lens in all vehicles produced on or after February 21, 2015. In summation, GM believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt GM 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, any decision on this petition only applies to PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 the subject 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 or delivery for 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. Jeffrey Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015–11395 Filed 5–11–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35924] Boot Hill & Western Railway Holding Co., Inc.—Acquisition and Operation Exemption—Boot Hill & Western Railway Co., LC Boot Hill & Western Railway Holding Co., Inc. (Holding), a noncarrier holding company, has filed a verified notice of exemption pursuant to 49 CFR 1150.31, to acquire and operate approximately 10.2 miles of rail line owned by Boot Hill & Western Railway Co., LC (BHWR), a Class III rail carrier, extending between milepost 15.8, at or near Wilroads, and milepost 26.0, at Dodge City, in Ford County, Kan. Holding also seeks Board approval to acquire from BHWR the right to reactive common carrier rail service on an approximately 15.8-mile contiguous railbanked rail line, extending between milepost 0.0, at or near Bucklin, and milepost 15.8, at or near Wilroads, in Ford County, Kan.1 In a prior notice, BHWR was issued a notice of interim trail use or abandonment (NITU) over this portion of the line. This transaction is related to a concurrently filed verified notice of exemption in Michael Williams— Continuance in Control Exemption— Boot Hill & W. Ry. Co., LC, Docket No. FD 35925. Holding may not consummate this transaction until that notice also becomes effective. According to Holding, the acquisition will allow continued rail operations 1 Boot Hill & W. Ry.—Aban. Exemption—In Ford Cnty., Kan., AB 927X (STB served Feb. 13, 2006). On April 24, 2015, BHWR and Holding jointly filed a motion to substitute Holding as the interim trail sponsor and remove BHWR. That motion will be addressed in a separate decision. E:\FR\FM\12MYN1.SGM 12MYN1

Agencies

[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Notices]
[Pages 27229-27230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11395]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0035; 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) has determined that certain Model 
Year (MY) 2012-2015 Chevrolet Sonic passenger vehicles do not fully 
comply with paragraph S6.5.3.4.1 of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 108, Lamps, Reflective Devices and Associated 
Equipment. GM has filed an appropriate report dated March 2, 2015, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports.

DATES: The closing date for comments on the petition is June 11, 2015.

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 
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 http://www.regulations.gov/. Follow the online instructions for submitting 
comments. Comments may also be faxed to (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://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

[[Page 27230]]

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 310,243 MY 2012-
2015 Chevrolet Sonic passenger cars manufactured between May 5, 2011 
and February 4, 2015.
    III. Noncompliance: GM explains that the noncompliance is that the 
high-beam headlamp lenses on the subject vehicles are not marked with 
``HB3'' (the HB bulb type) as required by paragraph S6.5.3.4.1 of FMVSS 
No. 108.
    IV. Rule Text: Paragraph S6.5.3.4.1 of FMVSS No. 108 requires in 
pertinent part:

    S6.5.3.4.1 The lens of each replaceable bulb headlamp must bear 
permanent marking in front of each replaceable light source with 
which it is equipped that states either: The HB Type, if the light 
source conforms to S11 of this standard for filament light sources, 
. . .

    V. Summary of GM's Analyses: GM stated its belief that the subject 
noncompliance is inconsequential to motor vehicle safety for the 
following reasons:
    (A) The high-beam headlamp lenses in question are clearly marked 
``9005'' (the ANSI designation), which GM believes to be a well-known 
alternative designation recognized throughout the automotive industry 
and used by lighting manufacturers interchangeably with HB3 the lamp's 
HB type. GM also verified that the vehicle owner's manuals identify the 
high beam replacement bulb as 9005.
    (B) That the mismarked high-beam headlamps are the correct 
headlamps for the subject vehicles and that they conform to all other 
requirements including photometric as required by FMVSS No. 108.
    (C) The risk of customer confusion when selecting a correct 
replacement bulb is remote. Both the HB3 type and the 9005 ANSI 
designation are marked on the vehicles' headlamp bulb sockets, and 
packaging for replacement bulbs is commonly marked with both the HB 
type and the ANSI designation. GM searched a number of national 
automotive parts stores (Autozone, O'Reilly, Advanced Auto Parts, and 
Pep Boys), and found that all HB3 replacement bulbs in these stores 
were marked with the 9005 ANSI designation. Should a consumer attempt 
to install an incorrect bulb into the headlamp sockets, the bulb could 
not be successfully installed because of the unique nature of the 
socket hardware.
    (D) GM also cited several previous petitions that NHTSA has granted 
dealing with noncompliances that GM believes are similar to the 
noncompliance that is the subject of its petition. Based on these 
decisions, GM believes that there is also precedent to support granting 
its petition.
    GM is not aware of any VOQ or field data in which a consumer has 
complained of not being able to identify the proper replacement 
headlamp bulb for the affected vehicles, which GM believes to be 
evidence that this noncompliance is not impacting consumers.
    GM has additionally informed NHTSA that it has corrected the 
noncompliance by adding the HB3 designation bulb type to the high-beam 
headlamp lens in all vehicles produced on or after February 21, 2015.
    In summation, GM believes that the described noncompliance of the 
subject vehicles is inconsequential to motor vehicle safety, and that 
its petition, to exempt GM 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, any decision on 
this petition only applies to the subject 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 or delivery for 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.

Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-11395 Filed 5-11-15; 8:45 am]
 BILLING CODE 4910-59-P