General Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 16428-16430 [2018-07827]
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Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices
2. The glass required for the subject
buses and school buses must meet the
requirements of ANSI 26.1–1996 AS2.
Forest River requested that a sample of
the glass be tested to ensure its
compliance with all applicable
standards. The test results have affirmed
that the glass indeed meets ANSI 26.1–
1996 AS2’s requirements and is
compliant for the designed position in
which it is applied.
3. Forest River is enclosing copies of
statements from the glass manufacturer
Cleer Vision, and test data confirming
the glass’ compliance with ANSI and
FMVSS No. 205’s performance
standards.
4. Forest River stated that the agency
has previously granted numerous
petitions for determinations of
inconsequential noncompliance in
regard to FMVSS No. 205, including
petitions involving mismarkings similar
to the instant matter. See the following
recent examples:
a. Mitsubishi Motors North America,
Inc. Petition, 80 FR 72482 (November
19, 2015) (involving rear door windows
marked with the model number ‘‘M66’’
instead of the correct ‘‘M131’’);
b. Custom Glass Solutions Upper
Sandusky Corporation Petition, 79 FR
49833 (January 23, 2015) (involving
laminated glass panes mistakenly
marked as ‘‘tempered’’ and with the
incorrect manufacturer’s DOT number,
model number, and manufacturer’s
trademark).
c. Mitsubishi Motors North America,
Inc. Petition, 79 FR 49833 (August 22,
2014) (involving rear door windows
marked with the model number ‘‘M13l’’
instead of the correct ‘‘M129’’);
d. General Motors LLC Petition, 79 FR
23402 (April 28, 2014) (involving
quarter windows marked as ‘‘AS2’’
instead of the correct ‘‘AS3’’).
Forest River 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.
Forest River’s complete petition and
all supporting documents are available
by logging onto the Federal Docket
Management System (FDMS) website at:
https://www.regulations.gov and
following the online search instructions
to locate the docket number listed in the
title of this notice.
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
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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 buses that Forest River 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 buses under their
control after Forest River 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.
Claudia W. Covell,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. 2018–07828 Filed 4–13–18; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2016–0140; 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) 2014–2016 GM 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. GM
filed a noncompliance Report dated
December 6, 2016, and then amended
their report on April 7, 2017. GM
subsequently petitioned NHTSA on
January 5, 2017, and later revised it on
April 7, 2017, for a decision that the
subject noncompliance is
inconsequential as it relates to motor
vehicle safety.
FOR FURTHER INFORMATION CONTACT:
Kerrin Bressant, Office of Vehicle Safety
Compliance, NHTSA, telephone (202)
366–1110, facsimile (202) 366–5930.
SUMMARY:
PO 00000
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SUPPLEMENTARY INFORMATION:
I. Overview: GM has determined that
certain MY 2014–2016 GM motor
vehicles do not fully comply with
paragraph S4.4.2(e) of 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 (49
CFR 571.110). GM filed a
noncompliance report dated December
6, 2016, and then amended their report
on April 7, 2017, pursuant to 49 CFR
part 573, Defect and Noncompliance
Responsibility and Reports. GM
subsequently petitioned NHTSA on
January 5, 2017, and later revised it on
April 7, 2017, pursuant to 49 U.S.C.
30118(d) and 30120(h) and 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 May 11, 2017, in the
Federal Register (82 FR 22058). No
comments were received. To view the
petition and all supporting documents
log onto the Federal Docket
Management System (FDMS) web page
at: https://www.regulations.gov/. Then
follow the online search instruction to
locate docket number ‘‘NHTSA–2016–
0140.’’
II. Vehicles Involved: Approximately
130,088 of the following MY 2014–2016
GM motor vehicles manufactured
between August 7, 2014, and June 15,
2015, are potentially involved:
• 2015–2016 Cadillac Escalade
• 2015–2016 Cadillac Escalade ESV
• 2015 Cadillac SRX
• 2015–2016 Chevrolet Tahoe
• 2015–2016 GMC Yukon
• 2015–2016 GMC Yukon XL
• 2014–2015 GMC Sierra
• 2014–2015 Chevrolet Silverado
• 2015–2016 Chevrolet Suburban
III. Noncompliance: GM explains that
the noncompliance is that the subject
vehicles are equipped with wheels
supplied by Citic Dicastal Co. LTD
(Dicastal) that are marked with
unregistered date of manufacture marks
that were not previously disclosed to
NHTSA and therefore, do not comply
with paragraph S4.4.2(e) of FMVSS No.
110.
IV. Rule Requirements: Paragraph
S4.4.2(e) of FMVSS No. 110 titled ‘‘Rim
Markings for Vehicles Other than
Passenger Cars’’ includes the
requirements relevant to this petition:
• Each rim or, at the option of the
manufacturer in the case of a single-
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piece wheel, each wheel disc shall be
marked with the information listed in
paragraphs S4.4.2 (a) through (e), in
lettering not less than 3 millimeters in
height, impressed to a depth or, at the
option of the manufacturer, embossed to
a height of not less than 0.125
millimeters.
• The month, day and year or the
month and year of manufacture,
expressed either numerically or by use
of a symbol, at the option of the
manufacturer. For example: ‘‘September
4, 2001’’ may be expressed numerically
as: ‘‘90401’’, ‘‘904, 01’’ or ‘‘01, 904’’;
‘‘September 2001’’ may be expressed as:
‘‘901’’, ‘‘9, 01’’ or ‘‘01, 9’’.
• Any manufacturer that elects to
express the date of manufacture by
means of a symbol shall notify NHTSA
in writing of the full names and
addresses of all manufacturers and
brand name owners utilizing that
symbol and the name and address of the
trademark owner of that symbol, if any.
• The notification shall describe in
narrative form and in detail how the
month, day, and year or the month and
year are depicted by the symbol. Such
description shall include an actual size
graphic depiction of the symbol,
showing and/or explaining the
interrelationship of the component parts
of the symbol as they will appear on the
rim or single piece of wheel disc,
including dimensional specifications,
and where the symbol will be located on
the rim or single piece wheel disc.
• The notification shall be received
by NHTSA not less than 60 calendar
days before the first use of the symbol.
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 reasons:
(a) This is not a safety issue: Neither
the marking method nor the timely
disclosure of it to NHTSA have any
effect on the operation, performance, or
safety of the affected vehicles. For
example, the required date marks do not
serve any safety purpose and do not
provide any safety benefit. The purpose
of the date mark is traceability in the
event a future wheel defect is
discovered. For example, if it were
discovered that Dicastal wheels
manufactured in January 2015 had a
defect (e.g., high porosity in the casting)
a dealer could use the date marking to
determine if a given wheel was in the
suspect population.
The affected wheels on GM’s vehicles
have accurate date markings and can be
traced in the event of a defect. Except
for a small percentage of affected
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wheels, the markings have all been
disclosed to NHTSA. Disclosed or not,
however, GM and its dealers can still
trace the wheels because the
unregistered date marks contain
sufficient information to clearly identify
the month and year of manufacture.
Therefore, the issue is more of a
procedural one, and the fact that these
date marks were not registered with
NHTSA in a timely manner presents no
substantive safety issue and is
inconsequential to motor vehicle safety.
(b) NHTSA has granted similar
requests: Granting this petition would
be consistent with NHTSA’s past
decisions involving wheel markings
required by FMVSS No. 110. For
example, NHTSA recently granted a
petition for inconsequential treatment
related to a noncompliance with FMVSS
No. 110’s requirement that the source of
the published nominal dimensions be
marked on the rims. In that case,
NHTSA agreed that the incorrect rim
marking had no effect on the
performance and safety of the tire/rim
combination. Here, the connection to
safety is even more attenuated because
the markings on the wheels are correct,
they were just not disclosed to NHTSA
in a timely manner. For at least the same
reasons NHTSA found incorrect rim
markings inconsequential to vehicle
safety, GM requests that NHTSA come
to the same conclusion regarding the
correct, but unregistered, markings in
this case as being inconsequential to
motor vehicle safety.
(c) The issue has been corrected:
Dicastal corrected the issue in
production on April 25, 2015, when it
stopped using unregistered date marks.
Since then, the manufacture date marks
on GM’s Dicastal wheels have been
properly disclosed to NHTSA and
comply with FMVSS No. 110.
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.
GM’s complete petition and all
supporting documents are available by
logging onto the Federal Docket
Management System (FDMS) website at:
https://www.regulations.gov and
following the online search instructions
to locate the docket number listed in the
title of this petition.
NHTSA Decision
NHTSA Analysis: FMVSS No. 110,
paragraph S4.4.2(e), requires that a
manufacturer using a symbol to identify
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16429
the date of manufacture on its rims
provide a detailed narrative to NHTSA
of how the month, day and year, or
month and year, are depicted by the
symbol, and notify NHTSA not less than
60 calendar days before the first use of
the symbol. In this case, GM did not
properly submit the symbol information
or notify NHTSA before first use.
GM pointed out that the actual
marking method nor the timely
disclosure of the method to NHTSA
would have any effect on the operation,
performance, or safety of the affected
vehicles and that the main reason for
date codes on rims is for traceability in
the event of a recall. NHTSA would
agree that date of manufacture stamped
on the rim, if correct, is essential for
identifying production scope in the
event of a recall, but the marking itself
does not affect the performance and
safety of the rims. Since this issue was
brought to the attention of the agency,
GM has submitted the required
notification and details of the date
symbols used on the impacted vehicle
rims, and the agency confirmed that the
symbols used provide the month and
year information required.
GM concluded by noting the fact that
the issue was corrected in production
on April 25, 2015. Dicastal subsequently
registered the marking method(s) by
filing the required submission with
NHTSA on May 13, 2015.
NHTSA’s Decision: In consideration
of the foregoing, NHTSA has decided
that GM has met its burden of
persuasion that the subject FMVSS No.
110 noncompliance is 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
vehicles that GM no longer controlled at
the time it determined that the
noncompliance existed. However,
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
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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.
Claudia W. Covell,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. 2018–07827 Filed 4–13–18; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2017–0098; Notice 1]
FCA US, LLC, Receipt of Petition for
Decision of Inconsequential
Noncompliance
National Highway Traffic
Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
FCA US, LLC (f/k/a Chrysler
Group, LLC ‘‘FCA US’’), has determined
that certain model year (MY) 2013–2017
Jeep Compass motor vehicles do not
fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No.
205, Glazing Materials. FCA US filed a
noncompliance report dated October 10,
2017. FCA US also petitioned NHTSA
on November 2, 2017, 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 May 16, 2018.
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
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 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) website at https://
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SUMMARY:
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19:42 Apr 13, 2018
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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 comments you have
submitted by mail were received, please
enclose a stamped, self-addressed
postcard with the comments. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
All comments and supporting
materials received before the close of
business on the closing date indicated
above will be filed in the docket and
will be considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the fullest extent
possible.
When the petition is granted or
denied, notice of the decision will also
be published in the Federal Register
pursuant to the authority indicated at
the end of this notice.
All comments, background
documentation, and supporting
materials submitted to the docket may
be viewed by anyone at the address and
times given above. The documents may
also be viewed on the internet at https://
www.regulations.gov by following the
online instructions for accessing the
dockets. The docket ID number for this
petition is shown in the heading of this
notice.
DOT’s complete Privacy Act
Statement is available for review in a
Federal Register notice published on
April 11, 2000, (65 FR 19477–78).
SUPPLEMENTARY INFORMATION:
I. Overview: FCA US, has determined
that certain MY 2013–2017 Jeep
Compass motor vehicles do not fully
comply with FMVSS No. 205, Glazing
Materials (49 CFR 571.205). FCA US
filed a noncompliance report dated
October 10, 2017, pursuant to 49 CFR
part 573, Defect and Noncompliance
Responsibility and Reports. FCA US
also petitioned NHTSA on November 2,
2017, pursuant to 49 U.S.C. 30118(d)
and 30120(h) and 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.
This notice of receipt of FCA US’s
petition is published under 49 U.S.C.
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Frm 00146
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Sfmt 4703
30118 and 30120 and does not represent
any agency decision or other exercise of
judgment concerning the merits of the
petition.
II. Vehicles Involved: Approximately
287,064 MY 2013–2017 Jeep Compass
motor vehicles, manufactured between
January 18, 2013, and December 23,
2016, are potentially involved.
III. Noncompliance: FCA US explains
that the noncompliance is that the
subject vehicles were equipped with
liftgate privacy glass that does not fully
comply with paragraph S6 of FMVSS
No. 205. Specifically, the liftgate glass
has the AS2 solar glazing marking when
it should have been marked with the
AS3 privacy glazing marking.
IV. Rule Requirements: Paragraphs S6,
S6.1(a)(b), S6.2, and S6.3(a)(b) of
FMVSS No. 205 include the
requirements relevant to this petition:
• A Prime glazing material manufacturer
must certify, in accordance with 49 U.S.C.
30115, each piece of glazing material to
which this standard applies is designed as:
A. 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.
• A 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. 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 paragraph S4.
• A 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.
V. Summary of FCA US’s Petition:
FCA US 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, FCA US
submitted the following reasoning:
1. The liftgate glass glazing of the
affected vehicles otherwise meets all
marking and performance requirements
of FMVSS No. 205 and ANSI Z26.1, and
as NHTSA has previously noted, ‘‘The
purpose of this standard [FMVSS No.
205] is to ensure a necessary degree of
transparency in motor vehicle windows
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]]>Agencies
[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16428-16430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07827]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0140; 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.
-----------------------------------------------------------------------
SUMMARY: General Motors, LLC (GM), has determined that certain model
year (MY) 2014-2016 GM 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. GM filed a noncompliance Report dated December 6, 2016,
and then amended their report on April 7, 2017. GM subsequently
petitioned NHTSA on January 5, 2017, and later revised it on April 7,
2017, for a decision that the subject noncompliance is inconsequential
as it relates to motor vehicle safety.
FOR FURTHER INFORMATION CONTACT: Kerrin Bressant, Office of Vehicle
Safety Compliance, NHTSA, telephone (202) 366-1110, facsimile (202)
366-5930.
SUPPLEMENTARY INFORMATION:
I. Overview: GM has determined that certain MY 2014-2016 GM motor
vehicles do not fully comply with paragraph S4.4.2(e) of 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 (49 CFR 571.110). GM filed a
noncompliance report dated December 6, 2016, and then amended their
report on April 7, 2017, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. GM subsequently petitioned
NHTSA on January 5, 2017, and later revised it on April 7, 2017,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 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 May 11, 2017, in the Federal Register (82 FR
22058). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) web page at: https://www.regulations.gov/. Then follow the online
search instruction to locate docket number ``NHTSA-2016-0140.''
II. Vehicles Involved: Approximately 130,088 of the following MY
2014-2016 GM motor vehicles manufactured between August 7, 2014, and
June 15, 2015, are potentially involved:
2015-2016 Cadillac Escalade
2015-2016 Cadillac Escalade ESV
2015 Cadillac SRX
2015-2016 Chevrolet Tahoe
2015-2016 GMC Yukon
2015-2016 GMC Yukon XL
2014-2015 GMC Sierra
2014-2015 Chevrolet Silverado
2015-2016 Chevrolet Suburban
III. Noncompliance: GM explains that the noncompliance is that the
subject vehicles are equipped with wheels supplied by Citic Dicastal
Co. LTD (Dicastal) that are marked with unregistered date of
manufacture marks that were not previously disclosed to NHTSA and
therefore, do not comply with paragraph S4.4.2(e) of FMVSS No. 110.
IV. Rule Requirements: Paragraph S4.4.2(e) of FMVSS No. 110 titled
``Rim Markings for Vehicles Other than Passenger Cars'' includes the
requirements relevant to this petition:
Each rim or, at the option of the manufacturer in the case
of a single-
[[Page 16429]]
piece wheel, each wheel disc shall be marked with the information
listed in paragraphs S4.4.2 (a) through (e), in lettering not less than
3 millimeters in height, impressed to a depth or, at the option of the
manufacturer, embossed to a height of not less than 0.125 millimeters.
The month, day and year or the month and year of
manufacture, expressed either numerically or by use of a symbol, at the
option of the manufacturer. For example: ``September 4, 2001'' may be
expressed numerically as: ``90401'', ``904, 01'' or ``01, 904'';
``September 2001'' may be expressed as: ``901'', ``9, 01'' or ``01,
9''.
Any manufacturer that elects to express the date of
manufacture by means of a symbol shall notify NHTSA in writing of the
full names and addresses of all manufacturers and brand name owners
utilizing that symbol and the name and address of the trademark owner
of that symbol, if any.
The notification shall describe in narrative form and in
detail how the month, day, and year or the month and year are depicted
by the symbol. Such description shall include an actual size graphic
depiction of the symbol, showing and/or explaining the
interrelationship of the component parts of the symbol as they will
appear on the rim or single piece of wheel disc, including dimensional
specifications, and where the symbol will be located on the rim or
single piece wheel disc.
The notification shall be received by NHTSA not less than
60 calendar days before the first use of the symbol.
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 reasons:
(a) This is not a safety issue: Neither the marking method nor the
timely disclosure of it to NHTSA have any effect on the operation,
performance, or safety of the affected vehicles. For example, the
required date marks do not serve any safety purpose and do not provide
any safety benefit. The purpose of the date mark is traceability in the
event a future wheel defect is discovered. For example, if it were
discovered that Dicastal wheels manufactured in January 2015 had a
defect (e.g., high porosity in the casting) a dealer could use the date
marking to determine if a given wheel was in the suspect population.
The affected wheels on GM's vehicles have accurate date markings
and can be traced in the event of a defect. Except for a small
percentage of affected wheels, the markings have all been disclosed to
NHTSA. Disclosed or not, however, GM and its dealers can still trace
the wheels because the unregistered date marks contain sufficient
information to clearly identify the month and year of manufacture.
Therefore, the issue is more of a procedural one, and the fact that
these date marks were not registered with NHTSA in a timely manner
presents no substantive safety issue and is inconsequential to motor
vehicle safety.
(b) NHTSA has granted similar requests: Granting this petition
would be consistent with NHTSA's past decisions involving wheel
markings required by FMVSS No. 110. For example, NHTSA recently granted
a petition for inconsequential treatment related to a noncompliance
with FMVSS No. 110's requirement that the source of the published
nominal dimensions be marked on the rims. In that case, NHTSA agreed
that the incorrect rim marking had no effect on the performance and
safety of the tire/rim combination. Here, the connection to safety is
even more attenuated because the markings on the wheels are correct,
they were just not disclosed to NHTSA in a timely manner. For at least
the same reasons NHTSA found incorrect rim markings inconsequential to
vehicle safety, GM requests that NHTSA come to the same conclusion
regarding the correct, but unregistered, markings in this case as being
inconsequential to motor vehicle safety.
(c) The issue has been corrected: Dicastal corrected the issue in
production on April 25, 2015, when it stopped using unregistered date
marks. Since then, the manufacture date marks on GM's Dicastal wheels
have been properly disclosed to NHTSA and comply with FMVSS No. 110.
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.
GM's complete petition and all supporting documents are available
by logging onto the Federal Docket Management System (FDMS) website at:
https://www.regulations.gov and following the online search
instructions to locate the docket number listed in the title of this
petition.
NHTSA Decision
NHTSA Analysis: FMVSS No. 110, paragraph S4.4.2(e), requires that a
manufacturer using a symbol to identify the date of manufacture on its
rims provide a detailed narrative to NHTSA of how the month, day and
year, or month and year, are depicted by the symbol, and notify NHTSA
not less than 60 calendar days before the first use of the symbol. In
this case, GM did not properly submit the symbol information or notify
NHTSA before first use.
GM pointed out that the actual marking method nor the timely
disclosure of the method to NHTSA would have any effect on the
operation, performance, or safety of the affected vehicles and that the
main reason for date codes on rims is for traceability in the event of
a recall. NHTSA would agree that date of manufacture stamped on the
rim, if correct, is essential for identifying production scope in the
event of a recall, but the marking itself does not affect the
performance and safety of the rims. Since this issue was brought to the
attention of the agency, GM has submitted the required notification and
details of the date symbols used on the impacted vehicle rims, and the
agency confirmed that the symbols used provide the month and year
information required.
GM concluded by noting the fact that the issue was corrected in
production on April 25, 2015. Dicastal subsequently registered the
marking method(s) by filing the required submission with NHTSA on May
13, 2015.
NHTSA's Decision: In consideration of the foregoing, NHTSA has
decided that GM has met its burden of persuasion that the subject FMVSS
No. 110 noncompliance is 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 vehicles that GM no longer controlled at
the time it determined that the noncompliance existed. However,
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
[[Page 16430]]
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.
Claudia W. Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-07827 Filed 4-13-18; 8:45 am]
BILLING CODE 4910-59-P
