General Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 92963-92964 [2016-30578]

Download as PDF Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices TABLE 10—TOTAL DOLLAR ESTIMATES year associated with OMB No. 2127– FOR MANUFACTURERS TO COMPLY 0616. WITH EWR REPORTING, FOREIGN Michael L. Brown, REPORTING, AND PART 579.5 RE- Acting Director, Office of Defects, Investigation. PORTING [FR Doc. 2016–30637 Filed 12–19–16; 8:45 am] Reporting type Annual cost ($) $6,581,741 141,572 60,779 Total ............................... mstockstill on DSK3G9T082PROD with NOTICES EWR Reporting (Table 8) ..... Foreign Reporting (Table 9) Part 579.5 Submissions ....... 6,784,092 Removed Burdens—Our previous renewal of this collection included onetime cost estimates associated with adding a new vehicle type, fuel and/or propulsion system type, and four new components (stability control, forward collision avoidance, lane departure prevention, and backover prevention) to vehicle EWR reporting. These one-time costs were estimated for manufacturers to amend their reporting templates and revise their software system to support the new reporting requirements. See 78 FR 51415. Manufacturers were required to make these changes to their vehicle EWR reporting by January 1, 2015. See 79 FR 47591. As these one-time costs have already been incurred and manufacturers have already made the necessary modifications to their systems, a total of 39,296 burden hours and $4.57 million dollars will be removed from this collection. Summary of Burden Estimate—Based on the foregoing, we estimate the burden hours for industry to comply with the current EWR requirements, foreign campaign requirements and Part 579.5 requirements total 49,243 burden hours (47,514 for EWR requirements + 1,146 hours for foreign campaign requirements + 583 hours for Part 579.5). This is a decrease of 35,950 hours from the currently approved collection, mostly due to the one-time costs we previously estimated and have now removed from this collection. We now estimate the cost burden for current EWR requirements, foreign campaign requirements, and Part 579.5 requirements to total $6,784,092 annually. Estimated Number of Respondents— NHTSA receives EWR submissions, foreign campaigns, and Part 579.5 submissions from roughly 292 manufacturers per year. In summary, we estimate that there will be a total of 292 respondents per VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2016–0093; Notice 2] General Motors, LLC, 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) 2016–2017 Cadillac CTS, CT6, XTS and Escalade motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 135, Light Vehicle Brake Systems. GM filed a defect report dated August 17, 2016. GM then petitioned NHTSA on August 22, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. ADDRESSES: For further information on this decision contact Stu Seigel, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5287, facsimile (202) 366– 3081. SUMMARY: SUPPLEMENTARY INFORMATION: I. Overview General Motors, LLC (GM), has determined that certain model year (MY) 2016–2017 Cadillac CTS, CT6, XTS and Escalade motor vehicles do not fully comply with paragraph S5.5.5(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 135, Light Vehicle Brake Systems. GM filed a defect report dated August 17, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. GM then petitioned NHTSA on August 22, 2016, pursuant to 49 U.S.C. 30118(d) and 30120(h) and their implementing regulations at 49 CFR part 556, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety. PO 00000 Frm 00194 Fmt 4703 Sfmt 4703 92963 Notice of receipt of the petition was published, with a 30-day public comment period, on September 29, 2016, in the Federal Register (81 FR 67057). 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–2016– 0093.’’ II. Vehicles Involved Affected are 46,205 of the following MY 2016–2017 Cadillac motor vehicles manufactured between March 10, 2015, and June 13, 2016. • Cadillac CT6 • Cadillac CTS • Cadillac Escalade • Cadillac Escalade ESV • Cadillac XTS III. Noncompliance GM explains that the noncompliance is that when the parking brake is applied on the subject vehicles the indicator light that illuminates within the cluster does not meet the lettering height requirements as specified in paragraph S5.5.5(a) of FMVSS No. 135 and also referenced in table 1; column 1, of FMVSS No. 101. Specifically, the lettering height for the indicator on the subject vehicles is 2.44 mm when it should be a minimum height of 3.2 mm. IV. Rule Text Paragraph S5.5.5(a) of FMVSS No. 135 states, in pertinent part: S5.5.5 Labeling. (a) Each visual indicator shall display a word or words in accordance with the requirements of Standard No. 101 (49 CFR 571.101) and this section, which shall be legible to the driver under all daytime and nighttime conditions when activated. Unless otherwise specified, the words shall have letters not less than 3.2 mm (1⁄8 inch) high and the letters and background shall be of contrasting colors, one of which is red . . . V. Summary of GM’s Petition GM described the subject noncompliance and stated its belief that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, GM submitted the following reasoning: (a) The park brake applied telltale (identified by the word ‘‘PARK’’) is red in color contrasted against a black screen, as required by S5.5.5(a) and (d)(4), conspicuously located and readily visible at the top left-of-center position of the instrument panel cluster. Additionally, the four letters of the word ‘‘PARK’’ are all capitalized such E:\FR\FM\20DEN1.SGM 20DEN1 mstockstill on DSK3G9T082PROD with NOTICES 92964 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices that the 2.44 mm height is preserved across the width of the word. (b) In addition to the park brake applied telltale required by FMVSS No. 135, all of the affected vehicles also have a driver information center (DIC) message ‘‘Park Brake Set’’ that illuminates when the parking brake is applied. The lettering height of this DIC message is 3.24 mm, greater than the 3.2 mm minimum specified for visual indicators in FMVSS No. 135. The DIC message is also substantially wider than the typical width of the telltale required by the standard. The redundant telltale and the DIC message, assure ample communication to the driver that the parking brake is applied. (c) The operation and performance of the park brake itself is unaffected by this telltale condition. The park brake complies with all applicable requirements of FMVSS No. 135. (d) The NHTSA has previously granted inconsequential treatment for labeling issues across various motor vehicle safety standards, including for discrepancies involving lettering height, missing information, incorrect information, and misplaced or obscured information. For example, two comparable petitions for inconsequential treatment involving brake telltale lettering height were granted to Kia and Hyundai (reference Docket numbers ‘‘NHTSA–2004– 17439’’, Notice 2 and ‘‘NHTSA–2004– 17439’’ (sic), Notice 2, published in the Federal Register on July 8, 2004, and July 9, 2004, respectively). The Kia petition cited multiple previous petitions for inconsequential treatment for brake telltale noncompliance granted by NHTSA, and we ask to incorporate them here by reference. (e) After searching VOQ, TREAD and internal GM databases, GM is not aware of any crashes, injuries, or customer complaints associated with this condition. (f) GM has corrected this condition in production. All vehicles produced after June 13, 2016, comply with the telltale lettering height specified in FMVSS No. 135. GM concluded by expressing the belief that the subject noncompliance is inconsequential as it relates to motor vehicle safety, and that its petition to be exempted from providing notification of the noncompliance, as required by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 49 U.S.C. 30120, should be granted. NHTSA’S Decision NHTSA’s Analysis: NHTSA has reviewed GM’s analysis that the subject noncompliance is inconsequential to VerDate Sep<11>2014 19:36 Dec 19, 2016 Jkt 241001 motor vehicle safety. Specifically, the lettering height for the park brake applied indicator ‘‘Park’’ at 2.44 mm versus the FMVSS No. 135 requirement of 3.2 mm poses little if any risk to motor vehicle safety. This decision is based on the following: 1. The subject vehicles appear to meet all of the other parking brake indicator labeling requirements as specified in S5.5.5 of FMVSS No. 135. If a separate indicator is provided for application of the parking brake, the single word ‘‘Park’’ or the words ‘‘Parking Brake’’ may be used. GM has opted to comply with this section by use of the single word ‘‘PARK’’ and has capitalized all four letters of the word providing a more pronounced indicator. The indicator used is legible to the driver under all daytime and nighttime conditions when activated. The indicator is conspicuously located in the top left-of-center position on the instrument panel which is in front of and in clear view of the driver. The ‘‘Park’’ indicator is red in color when illuminated and has a black contrasting background. All of these required features help ensure that the indicator can be seen and recognized by the driver when illuminated. 2. The affected vehicles are equipped with a driver information center which is located in the instrument cluster and adjacent to the speedometer, in direct view of the driver. When the parking brake is applied, the FMVSS No. 135 required ‘‘PARK’’ indicator is illuminated. Simultaneously, in addition to the ‘‘PARK’’ indicator, the information center provides a message that the parking brake is activated with the wording ‘‘Park Brake Set.’’ GM stated that the height of this message is 3.24 mm and is substantially wider than the typical width of the required indicators. Illumination of both the ‘‘PARK’’ indicator combined with the information center statement ‘‘Park Brake Set’’ provides ample communication to the driver that the parking brake has been applied. NHTSA’S Decision: In consideration of the foregoing, NHTSA decided that GM has met its burden of persuasion that the FMVSS No. 135 noncompliance in the affected vehicles is inconsequential to motor vehicle safety. Accordingly, GM’s petition is hereby granted and GM is consequently exempted from the obligation of providing notification of, and a free 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 PO 00000 Frm 00195 Fmt 4703 Sfmt 4703 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 vehicles that GM no longer controlled at the time it determined that the noncompliance existed. However, the granting of 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 M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2016–30578 Filed 12–19–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2016–0109; Notice 1] Mercedes-Benz USA, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Mercedes-Benz USA, LLC (MBUSA), has determined that certain model year (MY) 2015–2016 MercedesBenz CLS-Class motor vehicles do not fully comply with 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. MBUSA filed a Safety Recall Report dated September 12, 2016. MBUSA also petitioned NHTSA on October 4, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. DATES: The closing date for comments on the petition is January 19, 2017. 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 in the title of this SUMMARY: E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92963-92964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30578]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0093; Notice 2]


General Motors, LLC, Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: General Motors, LLC (GM), has determined that certain model 
year (MY) 2016-2017 Cadillac CTS, CT6, XTS and Escalade motor vehicles 
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) 
No. 135, Light Vehicle Brake Systems. GM filed a defect report dated 
August 17, 2016. GM then petitioned NHTSA on August 22, 2016, for a 
decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety.

ADDRESSES: For further information on this decision contact Stu Seigel, 
Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5287, facsimile 
(202) 366-3081.

SUPPLEMENTARY INFORMATION: 

I. Overview

    General Motors, LLC (GM), has determined that certain model year 
(MY) 2016-2017 Cadillac CTS, CT6, XTS and Escalade motor vehicles do 
not fully comply with paragraph S5.5.5(a) of Federal Motor Vehicle 
Safety Standard (FMVSS) No. 135, Light Vehicle Brake Systems. GM filed 
a defect report dated August 17, 2016, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports. GM then petitioned 
NHTSA on August 22, 2016, pursuant to 49 U.S.C. 30118(d) and 30120(h) 
and their implementing regulations at 49 CFR part 556, for an exemption 
from the notification and remedy requirements of 49 U.S.C. Chapter 301 
on the basis that this noncompliance is inconsequential as it relates 
to motor vehicle safety.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on September 29, 2016, in the Federal Register 
(81 FR 67057). 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-2016-0093.''

II. Vehicles Involved

    Affected are 46,205 of the following MY 2016-2017 Cadillac motor 
vehicles manufactured between March 10, 2015, and June 13, 2016.

     Cadillac CT6
     Cadillac CTS
     Cadillac Escalade
     Cadillac Escalade ESV
     Cadillac XTS

III. Noncompliance

    GM explains that the noncompliance is that when the parking brake 
is applied on the subject vehicles the indicator light that illuminates 
within the cluster does not meet the lettering height requirements as 
specified in paragraph S5.5.5(a) of FMVSS No. 135 and also referenced 
in table 1; column 1, of FMVSS No. 101. Specifically, the lettering 
height for the indicator on the subject vehicles is 2.44 mm when it 
should be a minimum height of 3.2 mm.

IV. Rule Text

    Paragraph S5.5.5(a) of FMVSS No. 135 states, in pertinent part:

    S5.5.5 Labeling. (a) Each visual indicator shall display a word 
or words in accordance with the requirements of Standard No. 101 (49 
CFR 571.101) and this section, which shall be legible to the driver 
under all daytime and nighttime conditions when activated. Unless 
otherwise specified, the words shall have letters not less than 3.2 
mm (\1/8\ inch) high and the letters and background shall be of 
contrasting colors, one of which is red . . .

V. Summary of GM's Petition

    GM described the subject noncompliance and stated its belief that 
the noncompliance is inconsequential as it relates to motor vehicle 
safety.
    In support of its petition, GM submitted the following reasoning:
    (a) The park brake applied telltale (identified by the word 
``PARK'') is red in color contrasted against a black screen, as 
required by S5.5.5(a) and (d)(4), conspicuously located and readily 
visible at the top left-of-center position of the instrument panel 
cluster. Additionally, the four letters of the word ``PARK'' are all 
capitalized such

[[Page 92964]]

that the 2.44 mm height is preserved across the width of the word.
    (b) In addition to the park brake applied telltale required by 
FMVSS No. 135, all of the affected vehicles also have a driver 
information center (DIC) message ``Park Brake Set'' that illuminates 
when the parking brake is applied. The lettering height of this DIC 
message is 3.24 mm, greater than the 3.2 mm minimum specified for 
visual indicators in FMVSS No. 135. The DIC message is also 
substantially wider than the typical width of the telltale required by 
the standard. The redundant telltale and the DIC message, assure ample 
communication to the driver that the parking brake is applied.
    (c) The operation and performance of the park brake itself is 
unaffected by this telltale condition. The park brake complies with all 
applicable requirements of FMVSS No. 135.
    (d) The NHTSA has previously granted inconsequential treatment for 
labeling issues across various motor vehicle safety standards, 
including for discrepancies involving lettering height, missing 
information, incorrect information, and misplaced or obscured 
information. For example, two comparable petitions for inconsequential 
treatment involving brake telltale lettering height were granted to Kia 
and Hyundai (reference Docket numbers ``NHTSA-2004-17439'', Notice 2 
and ``NHTSA-2004-17439'' (sic), Notice 2, published in the Federal 
Register on July 8, 2004, and July 9, 2004, respectively). The Kia 
petition cited multiple previous petitions for inconsequential 
treatment for brake telltale noncompliance granted by NHTSA, and we ask 
to incorporate them here by reference.
    (e) After searching VOQ, TREAD and internal GM databases, GM is not 
aware of any crashes, injuries, or customer complaints associated with 
this condition.
    (f) GM has corrected this condition in production. All vehicles 
produced after June 13, 2016, comply with the telltale lettering height 
specified in FMVSS No. 135.
    GM concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.

NHTSA'S Decision

    NHTSA's Analysis: NHTSA has reviewed GM's analysis that the subject 
noncompliance is inconsequential to motor vehicle safety. Specifically, 
the lettering height for the park brake applied indicator ``Park'' at 
2.44 mm versus the FMVSS No. 135 requirement of 3.2 mm poses little if 
any risk to motor vehicle safety. This decision is based on the 
following:
    1. The subject vehicles appear to meet all of the other parking 
brake indicator labeling requirements as specified in S5.5.5 of FMVSS 
No. 135. If a separate indicator is provided for application of the 
parking brake, the single word ``Park'' or the words ``Parking Brake'' 
may be used. GM has opted to comply with this section by use of the 
single word ``PARK'' and has capitalized all four letters of the word 
providing a more pronounced indicator. The indicator used is legible to 
the driver under all daytime and nighttime conditions when activated. 
The indicator is conspicuously located in the top left-of-center 
position on the instrument panel which is in front of and in clear view 
of the driver. The ``Park'' indicator is red in color when illuminated 
and has a black contrasting background. All of these required features 
help ensure that the indicator can be seen and recognized by the driver 
when illuminated.
    2. The affected vehicles are equipped with a driver information 
center which is located in the instrument cluster and adjacent to the 
speedometer, in direct view of the driver. When the parking brake is 
applied, the FMVSS No. 135 required ``PARK'' indicator is illuminated. 
Simultaneously, in addition to the ``PARK'' indicator, the information 
center provides a message that the parking brake is activated with the 
wording ``Park Brake Set.'' GM stated that the height of this message 
is 3.24 mm and is substantially wider than the typical width of the 
required indicators. Illumination of both the ``PARK'' indicator 
combined with the information center statement ``Park Brake Set'' 
provides ample communication to the driver that the parking brake has 
been applied.
    NHTSA'S Decision: In consideration of the foregoing, NHTSA decided 
that GM has met its burden of persuasion that the FMVSS No. 135 
noncompliance in the affected vehicles is inconsequential to motor 
vehicle safety. Accordingly, GM's petition is hereby granted and GM is 
consequently exempted from the obligation of providing notification of, 
and a free 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 vehicles that GM no longer controlled at 
the time it determined that the noncompliance existed. However, the 
granting of 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 M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-30578 Filed 12-19-16; 8:45 am]
 BILLING CODE 4910-59-P