[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Notices]
[Pages 75599-75600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31002]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0151; Notice 2]
General Motors LLC, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of petition grant.
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SUMMARY: General Motors LLC (GM),\1\ has determined that approximately
1,113 Model Year (MY) 2011 Buick Regal passenger cars do not fully
comply with paragraph S4.3(d) of 49 CFR 571.110, 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
[[Page 75600]]
with a GVWR of 4,536 kilograms (10,000 pounds) or less. GM filed an
appropriate report pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports dated July 26, 2010.
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\1\ General Motors LLC (GM) is vehicle manufacturer incorporated
under the laws of the state of Michigan.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR Part 556, GM has petitioned 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 comment period, on November 19, 2010 in the
Federal Register (75 FR 70963). No comments were received. To view the
petition and all supporting documents log onto the Federal Docket
Management System (FDMS) Web site at: http://www.regulations.gov/. Then
follow the online search instructions to locate docket number ``NHTSA-
2010-0151.''
For further information on this decision, contact Mr. John
Finneran, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-0645,
facsimile (202) 366- 5930.
GM estimates that approximately 1,113 model year 2011 Buick Regal
passenger cars manufactured between January 20, 2010, and May 18, 2010,
at GM's R[uuml]sselsheim assembly plant are affected.
GM explains that the noncompliance with FMVSS No. 110 is the
omission of the letter ``T'' in the spare tire size printed on the tire
and loading information labels that it affixed to the vehicles.
Currently the tire size designation shows the spare tire size as ``125/
80R16'' instead of ``T125/80R16.''
GM additionally stated that it believes that this noncompliance is
inconsequential to motor vehicle safety for the following reasons:
(1) All information for maintaining and/or replacing the front and
rear tires, as well as the seating capacity and vehicle capacity weight
are correct on tire and loading information labels on the subject
vehicles.
(2) The vehicles are equipped with spare tires that have the
complete tire size (T125/80R16) molded into their sidewalls.
(3) When a customer needs to replace the spare tire, he/she will
take the vehicle to a tire store. The tire store will know what compact
spare tire is needed based on the information in their catalog or by
looking at the spare tire provided with the vehicle. If they rely on
spare tire size printed on the tire and loading information label, they
will find the spare tire size ``125/80R16'' without the letter T. This
should not cause confusion or error because the only tire available
with the size designation of ``125/80R16'' is the compact spare tire
``T125/80R16.''
(4) Risk to the public is negligible because the vehicles are
equipped with the correct spare tire, and the tire and loading
information label does have the correct inflation pressure for the
compact spare tire.
(5) GM is not aware of any incidents or injuries related to the
subject condition.
GM has additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles will have
compliant labels.
Supported by the above stated reasons, GM believes that the subject
noncompliance is inconsequential to motor vehicle safety, and that its
petition, to exempt it 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 Decision: The intent of FMVSS No. 110 is to ensure that
vehicles are equipped with tires appropriate to handle maximum vehicle
loads and prevent overloading. NHTSA has confirmed that: The installed
and labeled tires, including the spare, when inflated to the labeled
recommended cold inflation pressure are appropriate to handle the
vehicle maximum loads; the tire and loading information labels on
subject vehicles are correct, except for the subject noncompliance; the
vehicles are equipped with spare tires that have the complete tire size
(T125/80R16) molded into their sidewalls; and the only tire available
with the size designation of ``125/80R16'' is the compact spare tire
``T125/80R16''. Consequently, the subject noncompliance should not
cause any unsafe conditions associated with determination of the
correct tire inflation pressures or replacement tire selection for the
subject vehicles.
Therefore, NHTSA agrees with GM that the omission of the letter
``T'' in the spare tire size printed on the tire and loading
information labels that it affixed to the vehicles does not have any
adverse safety implications.
NHTSA is also not aware of any customer complaints or field reports
relating to this issue and GM has stated that it has corrected the
problem that caused these errors so that they will not be repeated in
future production.
The National Highway Traffic Safety Administration (NHTSA) notes
that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that
permit manufacturers to file petitions for a determination of
inconsequentiality allow NHTSA to exempt manufacturers only from the
duties found in sections 30118 and 30120, respectively, to notify
owners, purchasers, and dealers of a defect or noncompliance and to
remedy the defect or noncompliance. Therefore, these provisions only
apply to the 1,113 \2\ vehicles that have already passed from the
manufacturer to an owner, purchaser, or dealer.
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\2\ GM's petition, which was filed under 49 CFR part 556,
requests an agency decision to exempt GM as a manufacturer from the
notification and recall responsibilities of 49 CFR part 573 for the
affected vehicles. However, a decision on this petition cannot
relieve 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.
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In consideration of the foregoing, NHTSA has decided that GM has
met its burden of persuasion that the subject FMVSS No. 110 labeling
noncompliance is inconsequential to motor vehicle safety. Accordingly,
GM's petition is granted and the petitioner is exempted from the
obligation of providing notification of, and a remedy for, the subject
noncompliance under 49 U.S.C. 30118 and 30120.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.
Issued on: November 22, 2011.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2011-31002 Filed 12-1-11; 8:45 am]
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