General Motors LLC (GM), Grant of Petition for Decision of Inconsequential Noncompliance, 1674-1676 [2016-00449]
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individual is currently serving under a
disqualification order; and (iii) a
disqualified individual to inform his
new or prospective employer of the
disqualification order and provide a
copy of the same. Additionally, the
regulations prohibit a railroad from
employing a person serving under a
disqualification order to work in a
safety-sensitive position. This
information serves to inform a railroad
whether an employee or prospective
employee is currently disqualified from
performing safety-sensitive service
based on the issuance of a
disqualification order by FRA.
Furthermore, it prevents an individual
currently serving under a
disqualification order from retaining
and obtaining employment in a safetysensitive position in the rail industry.
Type of Request: Extension without
change of a currently approved
information collection.
Affected Public: Businesses
(Railroads).
Form(s): N/A.
Total Annual Estimated Responses: 3.
Total Annual Estimated Burden: 5
hours.
Addressee: Send comments regarding
these information collections to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 Seventeenth Street NW.,
Washington, DC 20503, Attention: FRA
Desk Officer. Comments may also be
sent via email to OMB at the following
address: oira_submissions@
omb.eop.gov.
Comments are invited on the
following: Whether the proposed
collections of information are necessary
for the proper performance of the
functions of the Department, including
whether the information will have
practical utility; the accuracy of the
Department’s estimates of the burden of
the proposed information collections;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collections of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication of this
notice in the Federal Register.
Authority: 44 U.S.C. 3501–3520.
Issued in Washington, DC on January 7,
2016.
Corey Hill,
Acting Executive Director.
[FR Doc. 2016–00491 Filed 1–12–16; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0143; Notice 2]
General Motors LLC (GM), Grant of
Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of Petition.
AGENCY:
General Motors LLC (GM) has
determined that certain model year
(MY) 2010–2014 Cadillac SRX
multipurpose passenger vehicles
(MPVs) do not fully comply with
paragraphs S4.4.1(a) and S4.4.2(a) of
Federal Motor Vehicle Safety Standard
(FMVSS) No. 110, Tire selection and
rims and motor home/recreation vehicle
trailer load carrying capacity
information for motor vehicles with a
GVWR of 4,536 kilograms (10,000
pounds) or less. GM filed a report dated
November 27, 2013 pursuant to 49 CFR
part 573, Defect and Noncompliance
Responsibility and Reports. GM then
petitioned NHTSA in accordance with
49 CFR part 556 requesting a decision
that the subject noncompliance is
inconsequential to motor vehicle safety.
ADDRESSES: For further information on
this decision contact Amina Fisher,
Office of Vehicle Safety Compliance,
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5307, facsimile (202) 366–
5930.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. GM’s Petition: Pursuant to 49 U.S.C.
30118(d) and 30120(h) and the rule
implementing those provisions at 49
CFR part 556, GM submitted a petition
dated December 5, 2013, 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.
Notice of receipt of GM’s petition was
published, with a 30-Day public
comment period, on June 6, 2014 in the
Federal Register (79 FR 32813). No
comments were received. To view the
petition and all supporting documents
log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2013–
0143.’’
II. Vehicles Involved: Affected are
approximately 51,704 MY 2010–2014
GM Cadillac SRX MPVs manufactured
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
between June 18, 2009, and October 31,
2013.
III. Noncompliance: GM explains that
the affected vehicles were offered for
sale with spare tires whose rims were
marked with a ‘‘T’’ to indicate the
source of the rim’s published nominal
dimensions as the Tire and Rim
Association, rather than the correct ‘‘E’’
to indicate the European Tyre and Rim
Technical Organization (ETRTO).
Additionally, the ETRTO does not
identify the 18 inch rim utilized as a
suitable match for the T135/70R18 spare
tire. Since all vehicles sold in the U.S.
must be marked with a reference
designation that indicates the source of
the rim’s published nominal
dimensions, and the indicated source
must list suitable rim sizes for each tire
size listed, these vehicles fail to fully
meet the requirements set forth in
paragraph S4.4.1(a) and S4.4.2(a) of
FMVSS No. 110.
IV. Rule Text: Paragraph S4.4 of
FMVSS No. 110 requires in pertinent
part:
. . .
S4.4.1 Requirements. Each rim shall:
(a) Be constructed to the dimensions of a
rim that is listed by the manufacturer of the
tires as suitable for use with those tires, in
accordance with S4 of § 571.139.
. . .
S4.4.2 Rim markings for vehicles other
than passenger cars. Each rim or, at the
option of the manufacturer in the case of a
single-piece wheel, each wheel dish shall be
marked with the information listed in S4.4.2
(a) through (e) . . .
(a) A designation that indicates the source
of the rim’s published nominal dimensions,
as follows:
(1) ‘‘T’’ indicates The Tire and Rim
Association.
(2) ‘‘E’’ indicates The European Tyre and
Rim Technical Organization.
. . .
V. Summary of GM’s Analyses: GM
stated its belief that the subject
noncompliance is inconsequential to
motor vehicle safety for the following
reasons:
1. The tire and rim of the affected
spare wheels are properly matched and
are appropriate for the load-carrying
characteristics of the subject vehicles.
2. The incorrect reference document
marking has no effect on the
performance of the tire/rim
combination.
3. The subject tire/rim assembly meets
the S4.4.1(b) rapid air loss requirement
for FMVSS No. 110. The subject
vehicles also meet GM’s internal ride
and handling guidelines with the
subject spare tire/rim assembly
installed.
4. All other rim marking information
required by S4.4.2 of FMVSS No. 110 on
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the subject rims is correct. The rims are
marked with the rim size designation as
required by S4.4.2(b); the DOT symbol
as required by S4.4.2(c); manufacturer
identification as required by S4.4.2(d);
and the month and year of manufacture
as required by S4.4.2(e).
5. The rim is marked correctly with
the size designation of 18 x 4.5B, the
correct tire size information is listed on
the Tire and Loading Information
placard, and the tire size (T135/70R18)
is marked on the tire sidewall. The
vehicles’ Certification label also
contains the correct tire and rim sizes.
There is little likelihood of a tire and
rim mismatch as a result of the incorrect
marking of the source of the published
rim dimensions.
6. Very few of these spare wheels will
ever need to be replaced over the
lifetime of the vehicle. If a spare wheel
needs to be replaced, however, there is
a section of the owner’s manual
provided on ‘‘Wheel Replacement.’’ It is
stated here that ‘‘Your dealer will know
the kind of wheel that is needed. Each
new wheel should have the same loadcarrying capacity, diameter, width,
offset, and be mounted the same way as
the one it replaces.’’
7. If a spare wheel needs to be
replaced, it is likely that the customer
would go to a GM dealer or a tire/wheel
retailer. These facilities would know to
look at the original spare wheel, the tire,
the Tire and Loading Information
placard, or the Certification label to
determine the correct spare wheel size
for the replacement.
8. NHTSA has previously granted
several inconsequential petitions with
similar FMVSS No. 110 rim
noncompliances.
9. GM is not aware of any crashes,
injuries or customer complaints
associated with this condition.
GM has additionally informed
NHTSA that it has corrected the
noncompliance so that all future
production of the subject vehicles will
comply with all applicable requirements
of FMVSS No. 110.
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’s Decision
NHTSA’s Analysis: GM stated its
belief that the combination of the
subject spare tire and rim is a proper
match and appropriate for the load-
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carrying characteristics of the subject
vehicles. GM also stated its belief that
the incorrect marking of the nominal
rim dimension source designation on
the rim has no effect on the performance
of the tire/rim combination. In addition,
GM mentioned that the subject vehicles
meet the S4.4.1(b) rapid air loss
requirement for FMVSS No. 110.
The agency agrees with GM that the
subject vehicles are equipped with an
appropriately matched spare tire and
rim combination that when properly
mounted on the subject vehicles would
allow the vehicles to be operated safely
within the manufacturer’s specified
performance and loading limits. We
note that the main purpose of FMVSS
No. 110 is to require vehicles be
equipped with tires and rims
appropriate for the safe operation and
loading of applicable vehicles. It
appears the spare tire and rim
combination provided with the subject
vehicles will meet all applicable FMVSS
No. 110 performance requirements.
GM also explained its belief that all
other markings required by paragraph
S4.4.2 of FMVSS No. 110 are on the
subject rims and meet the applicable
requirements of the standard. Those
markings include; the rim size
designation required by S4.4.2(b); the
DOT symbol as required by S4.4.2(c);
the manufacturer identification as
required by S4.4.2(d); and the month
and year of manufacture as required by
S4.4.2(e). GM also stated that the correct
tire size information is listed on the
Certification label as well as the Tire
and Loading Information placard affixed
to each vehicle, and that the tire sizes
are marked on the sidewalls of the tires.
While NHTSA requires manufacturers
to include the reference document
designation symbol to be marked on the
rim, its mislabeling in this case does not
prevent the proper matching of tires and
rims. We agree with GM that sufficient
information about rim size is available
from other markings on the rims as well
as information available from the
Certification label required by 49 CFR
part 567, and the Tire and Loading
Information placard required by FMVSS
No. 110. In addition, the mislabeling
does not affect the ability to identify the
rims in the event of recall. NHTSA
believes that due to the convenient
availability of tire and rim size
designation information there is little
likelihood of a tire and rim mismatch as
a result of the subject rim marking
noncompliance.
GM stated its belief that very few
spare wheels need to be replaced during
the life of the vehicle. If, however,
wheel replacement is required, there is
a section of the owner’s manual
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
1675
provided with each vehicle titled
‘‘Wheel Replacement.’’ This section of
the owner’s manual states, ‘‘Your dealer
will know the kind of wheel that is
needed. Each new wheel should have
the same load-carrying capacity,
diameter, width, offset, and be mounted
the same way as the one it replaces.’’ In
addition, it is likely that the customer
would go to a GM dealer or a tire/wheel
retailer to obtain a replacement.
NHTSA agrees with GM that if a
vehicle owner or operator must replace
one of the subject rims that they would
most likely go to a GM dealer or a tire/
wheel retailer. As professionals,
technicians at either type of facility
would know to look at the original spare
wheel, the tire, the Tire and Loading
Information placard, or the Certification
label to determine the correct spare
wheel size for the replacement.
GM cited five petitions that the
agency granted regarding wheels that
omit the designation symbol that
indicates the source of the rim’s
published nominal dimensions. All five
cited petitions were granted because the
agency determined that there was no
consequence to motor vehicle safety due
to the omission of the designation
symbol required by either FMVSS No.
110 S4.4.2(a) or FMVSS No. 120 S5.2.
As in the case of the subject spare tire
and rim combinations, sufficient
information about rim size was available
from other markings on the rims as well
as the information from the Certification
label and Tire and Loading Information
placards present on the affected
vehicles.
NHTSA’s Decision: In consideration
of the foregoing, NHTSA has decided
that GM has met its burden of
persuasion that the subject
noncompliances with paragraph S4.4
FMVSS No. 110 are inconsequential to
motor vehicle safety. Accordingly, GM’s
petition is hereby granted and GM is
exempted from the obligation of
providing notification of, and a remedy
for, that noncompliance under 49 U.S.C.
30118 and 30120.
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, this
decision only applies to the subject
noncompliant vehicles that GM no
longer controlled at the time it
determined that the noncompliance
existed. However, the granting of this
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Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Notices
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 M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016–00449 Filed 1–12–16; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2014–0034; Notice 2]
Maserati S.p.A and Maserati North
America, Inc., Grant of Petition for
Decision of Inconsequential
Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
AGENCY:
Maserati S.p.A and Maserati
North America, Inc. (collectively
‘‘MNA’’) have determined that certain
model year (MY) 2011–2014 MNA
passenger cars do not fully comply with
paragraph S4.4(c)(2), of Federal Motor
Vehicle Safety Standard (FMVSS) No.
138, Tire Pressure Monitoring Systems.
MNA has filed a report dated March 3,
2014, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports. MNA then
petitioned NHTSA under 49 CFR part
556 requesting a decision that the
subject noncompliance is
inconsequential to motor vehicle safety.
ADDRESSES: For further information on
this decision contact Kerrin Bressant,
Office of Vehicles Safety Compliance,
the National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–1110, facsimile (202) 366–
3081.
SUPPLEMENTARY INFORMATION:
I. MNA’s Petition: Pursuant to 49
U.S.C. 30118(d) and 30120(h) and the
rule implementing those provisions at
49 CFR part 556, MNA 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.
Notice of receipt of the petition was
published, with a 30-day public
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comment period, on September 8, 2015
in the Federal Register (80 FR 53912).
No comments were received. To view
the petition and all supporting
documents log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2014–
0034.’’
II. Vehicles Involved: Affected are
approximately 8,789 MY 2011–2013
Maserati Quattroporte and MY 2011–
2014 Maserati Granturismo and
Granturismo Convertible passenger
vehicles.
III. Noncompliance: MNA explains
that after the car’s ignition is switched
to the ON position, the Tire Pressure
Monitoring System (TPMS) immediately
seeks to confirm if all wheel sensors are
present. When the TPMS first detects a
sensor is missing, it illuminates the
malfunction indicator as required by
FMVSS No. 138. Upon subsequent
ignition cycles, if the sensor detected as
missing during the previous ignition
cycle is still missing, the TPMS
malfunction indicator will again
illuminate as required and stay
illuminated until the vehicle begins to
move, at which time the indicator will
extinguish. The extinguishment of the
malfunction indicator while the
malfunction still exists is in violation to
paragraph S4.4(c)(2) of FMVSS No. 138.
The malfunction indicator must
illuminate when a malfunction is
identified and remain illuminated as
long as the condition exists.
IV. Rule Text: Paragraph S4.4(c)(2) of
FMVSS No. 138 requires in pertinent
part:
S4.4
*
*
TPMS Malfunction.
*
*
*
(c) Combination low tire pressure/TPMS
malfunction telltale. The vehicle meets the
requirements of S4.4(a) when equipped with
a combined Low Tire Pressure/TPMS
malfunction telltale that:
(2) Flashes for a period of at least 60
seconds but no longer than 90 seconds upon
detection of any condition specified in
S4.4(a) after the ignition locking system is
activated to the ‘‘On’’ (‘‘Run’’) position. After
each period of prescribed flashing, the
telltale must remain continuously
illuminated as long as a malfunction exists
and the ignition locking system is in the
‘‘On’’ (‘‘Run’’) position. This flashing and
illumination sequence must be repeated each
time the ignition locking system is placed in
the ‘‘On’’ (‘‘Run’’) position until the situation
causing the malfunction has been corrected.
. . .
V. Summary of MNA’s Analyses:
MNA stated its belief that the subject
noncompliance is inconsequential to
motor vehicle safety for the following
reasons:
PO 00000
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(A) MNA states that after the car’s
ignition is switched to the ON position,
the TPMS immediately seeks to confirm
if all wheel sensors are present. If the
TPMS detects a sensor is not present, an
internal timer is started. If the sensor
detected as missing was also detected as
missing during the previous ignition
cycle, the TPMS malfunction indicator
will illuminate as required to indicate a
hardware fault is still present. If the
engine is subsequently started again and
left in its steady state (engine not cold)
idle, the warning lamp will continue to
remain illuminated as required.
However, if the car is then driven, the
warning lamp will extinguish. Once the
vehicle has been moving above 22 mph
for a period of 15 seconds, the TPMS
will seek to confirm that all wheel
sensors are fitted to the vehicle. If the
internal timer reaches 160 seconds, and
the vehicle has been moving above 22
mph for 15 seconds, the TPMS
malfunction indicator will illuminate
correctly. Once the malfunction
indicator is illuminated, it remains so
throughout that ignition cycle,
regardless of the vehicle’s speed.
(B) MNA explained that if the TPMS
fails to detect the wheel sensors, the
TPMS will display no value on the
TPMS pressures screen for the tire
pressure, indicating that the status of
the wheel sensor is unconfirmed.
(C) MNA said that the noncompliance
is confined to one particular aspect of
the functionality of the otherwise
compliant TPMS malfunction indicator.
All other aspects of the low-pressure
monitoring system functionality are
fully compliant with the requirements
of FMVSS No. 138. Also MNA stated
that NHTSA had previously published a
rule (April 8, 2005) that said a
malfunction, in and of itself, does not
represent a safety risk to vehicle
occupants and that the chances of
having a TPMS malfunction and a
significantly under-inflated tire at the
same time are unlikely.
(D) MNA said that NHTSA has
previously granted petitions for
inconsequential noncompliances related
to the TPMS malfunction indicator not
illuminating in the manner required by
FMVSS No. 138 due to a software
malfunction. MNA mentioned a grant to
a petition submitted by Volkswagen
Group of America, Inc. for Audi
vehicles.1 MNA explained that in the
Volkswagen case, the TPMS would
initially display the required warning,
but the telltale light would not stay
illuminated in the manner required by
FMVSS No. 138 in that the warning
light would be extinguished on
1 76
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FR 30239 (May 24, 2011).
13JAN1
]]>Agencies
[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Notices]
[Pages 1674-1676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00449]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0143; Notice 2]
General Motors LLC (GM), Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of Petition.
-----------------------------------------------------------------------
SUMMARY: General Motors LLC (GM) has determined that certain model year
(MY) 2010-2014 Cadillac SRX multipurpose passenger vehicles (MPVs) do
not fully comply with paragraphs S4.4.1(a) and S4.4.2(a) of Federal
Motor Vehicle Safety Standard (FMVSS) No. 110, Tire selection and rims
and motor home/recreation vehicle trailer load carrying capacity
information for motor vehicles with a GVWR of 4,536 kilograms (10,000
pounds) or less. GM filed a report dated November 27, 2013 pursuant to
49 CFR part 573, Defect and Noncompliance Responsibility and Reports.
GM then petitioned NHTSA in accordance with 49 CFR part 556 requesting
a decision that the subject noncompliance is inconsequential to motor
vehicle safety.
ADDRESSES: For further information on this decision contact Amina
Fisher, Office of Vehicle Safety Compliance, National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-5307, facsimile
(202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. GM's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and
the rule implementing those provisions at 49 CFR part 556, GM submitted
a petition dated December 5, 2013, 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.
Notice of receipt of GM's petition was published, with a 30-Day
public comment period, on June 6, 2014 in the Federal Register (79 FR
32813). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2013-0143.''
II. Vehicles Involved: Affected are approximately 51,704 MY 2010-
2014 GM Cadillac SRX MPVs manufactured between June 18, 2009, and
October 31, 2013.
III. Noncompliance: GM explains that the affected vehicles were
offered for sale with spare tires whose rims were marked with a ``T''
to indicate the source of the rim's published nominal dimensions as the
Tire and Rim Association, rather than the correct ``E'' to indicate the
European Tyre and Rim Technical Organization (ETRTO). Additionally, the
ETRTO does not identify the 18 inch rim utilized as a suitable match
for the T135/70R18 spare tire. Since all vehicles sold in the U.S. must
be marked with a reference designation that indicates the source of the
rim's published nominal dimensions, and the indicated source must list
suitable rim sizes for each tire size listed, these vehicles fail to
fully meet the requirements set forth in paragraph S4.4.1(a) and
S4.4.2(a) of FMVSS No. 110.
IV. Rule Text: Paragraph S4.4 of FMVSS No. 110 requires in
pertinent part:
. . .
S4.4.1 Requirements. Each rim shall:
(a) Be constructed to the dimensions of a rim that is listed by
the manufacturer of the tires as suitable for use with those tires,
in accordance with S4 of Sec. 571.139.
. . .
S4.4.2 Rim markings for vehicles other than passenger cars. Each
rim or, at the option of the manufacturer in the case of a single-
piece wheel, each wheel dish shall be marked with the information
listed in S4.4.2 (a) through (e) . . .
(a) A designation that indicates the source of the rim's
published nominal dimensions, as follows:
(1) ``T'' indicates The Tire and Rim Association.
(2) ``E'' indicates The European Tyre and Rim Technical
Organization.
. . .
V. Summary of GM's Analyses: GM stated its belief that the subject
noncompliance is inconsequential to motor vehicle safety for the
following reasons:
1. The tire and rim of the affected spare wheels are properly
matched and are appropriate for the load-carrying characteristics of
the subject vehicles.
2. The incorrect reference document marking has no effect on the
performance of the tire/rim combination.
3. The subject tire/rim assembly meets the S4.4.1(b) rapid air loss
requirement for FMVSS No. 110. The subject vehicles also meet GM's
internal ride and handling guidelines with the subject spare tire/rim
assembly installed.
4. All other rim marking information required by S4.4.2 of FMVSS
No. 110 on
[[Page 1675]]
the subject rims is correct. The rims are marked with the rim size
designation as required by S4.4.2(b); the DOT symbol as required by
S4.4.2(c); manufacturer identification as required by S4.4.2(d); and
the month and year of manufacture as required by S4.4.2(e).
5. The rim is marked correctly with the size designation of 18 x
4.5B, the correct tire size information is listed on the Tire and
Loading Information placard, and the tire size (T135/70R18) is marked
on the tire sidewall. The vehicles' Certification label also contains
the correct tire and rim sizes. There is little likelihood of a tire
and rim mismatch as a result of the incorrect marking of the source of
the published rim dimensions.
6. Very few of these spare wheels will ever need to be replaced
over the lifetime of the vehicle. If a spare wheel needs to be
replaced, however, there is a section of the owner's manual provided on
``Wheel Replacement.'' It is stated here that ``Your dealer will know
the kind of wheel that is needed. Each new wheel should have the same
load-carrying capacity, diameter, width, offset, and be mounted the
same way as the one it replaces.''
7. If a spare wheel needs to be replaced, it is likely that the
customer would go to a GM dealer or a tire/wheel retailer. These
facilities would know to look at the original spare wheel, the tire,
the Tire and Loading Information placard, or the Certification label to
determine the correct spare wheel size for the replacement.
8. NHTSA has previously granted several inconsequential petitions
with similar FMVSS No. 110 rim noncompliances.
9. GM is not aware of any crashes, injuries or customer complaints
associated with this condition.
GM has additionally informed NHTSA that it has corrected the
noncompliance so that all future production of the subject vehicles
will comply with all applicable requirements of FMVSS No. 110.
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's Decision
NHTSA's Analysis: GM stated its belief that the combination of the
subject spare tire and rim is a proper match and appropriate for the
load-carrying characteristics of the subject vehicles. GM also stated
its belief that the incorrect marking of the nominal rim dimension
source designation on the rim has no effect on the performance of the
tire/rim combination. In addition, GM mentioned that the subject
vehicles meet the S4.4.1(b) rapid air loss requirement for FMVSS No.
110.
The agency agrees with GM that the subject vehicles are equipped
with an appropriately matched spare tire and rim combination that when
properly mounted on the subject vehicles would allow the vehicles to be
operated safely within the manufacturer's specified performance and
loading limits. We note that the main purpose of FMVSS No. 110 is to
require vehicles be equipped with tires and rims appropriate for the
safe operation and loading of applicable vehicles. It appears the spare
tire and rim combination provided with the subject vehicles will meet
all applicable FMVSS No. 110 performance requirements.
GM also explained its belief that all other markings required by
paragraph S4.4.2 of FMVSS No. 110 are on the subject rims and meet the
applicable requirements of the standard. Those markings include; the
rim size designation required by S4.4.2(b); the DOT symbol as required
by S4.4.2(c); the manufacturer identification as required by S4.4.2(d);
and the month and year of manufacture as required by S4.4.2(e). GM also
stated that the correct tire size information is listed on the
Certification label as well as the Tire and Loading Information placard
affixed to each vehicle, and that the tire sizes are marked on the
sidewalls of the tires.
While NHTSA requires manufacturers to include the reference
document designation symbol to be marked on the rim, its mislabeling in
this case does not prevent the proper matching of tires and rims. We
agree with GM that sufficient information about rim size is available
from other markings on the rims as well as information available from
the Certification label required by 49 CFR part 567, and the Tire and
Loading Information placard required by FMVSS No. 110. In addition, the
mislabeling does not affect the ability to identify the rims in the
event of recall. NHTSA believes that due to the convenient availability
of tire and rim size designation information there is little likelihood
of a tire and rim mismatch as a result of the subject rim marking
noncompliance.
GM stated its belief that very few spare wheels need to be replaced
during the life of the vehicle. If, however, wheel replacement is
required, there is a section of the owner's manual provided with each
vehicle titled ``Wheel Replacement.'' This section of the owner's
manual states, ``Your dealer will know the kind of wheel that is
needed. Each new wheel should have the same load-carrying capacity,
diameter, width, offset, and be mounted the same way as the one it
replaces.'' In addition, it is likely that the customer would go to a
GM dealer or a tire/wheel retailer to obtain a replacement.
NHTSA agrees with GM that if a vehicle owner or operator must
replace one of the subject rims that they would most likely go to a GM
dealer or a tire/wheel retailer. As professionals, technicians at
either type of facility would know to look at the original spare wheel,
the tire, the Tire and Loading Information placard, or the
Certification label to determine the correct spare wheel size for the
replacement.
GM cited five petitions that the agency granted regarding wheels
that omit the designation symbol that indicates the source of the rim's
published nominal dimensions. All five cited petitions were granted
because the agency determined that there was no consequence to motor
vehicle safety due to the omission of the designation symbol required
by either FMVSS No. 110 S4.4.2(a) or FMVSS No. 120 S5.2. As in the case
of the subject spare tire and rim combinations, sufficient information
about rim size was available from other markings on the rims as well as
the information from the Certification label and Tire and Loading
Information placards present on the affected vehicles.
NHTSA's Decision: In consideration of the foregoing, NHTSA has
decided that GM has met its burden of persuasion that the subject
noncompliances with paragraph S4.4 FMVSS No. 110 are inconsequential to
motor vehicle safety. Accordingly, GM's petition is hereby granted and
GM is exempted from the obligation of providing notification of, and a
remedy for, that noncompliance under 49 U.S.C. 30118 and 30120.
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, this decision
only applies to the subject noncompliant vehicles that GM no longer
controlled at the time it determined that the noncompliance existed.
However, the granting of this
[[Page 1676]]
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 M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-00449 Filed 1-12-16; 8:45 am]
BILLING CODE 4910-59-P
