
[Federal Register: February 9, 2009 (Volume 74, Number 25)]
[Notices]               
[Page 6453-6454]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe09-79]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0003; Notice 1]

 
General Motors Corporation, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    General Motors Corporation (GM) has determined that certain model 
year 2009 Chevrolet Cobalt and Pontiac G5 passenger cars did not fully 
comply with paragraphs S4.3(c) and S4.3(d) of 49 CFR 571.110, Federal 
Motor Vehicle Safety Standard (FMVSS) No. 110 Tire Selection and Rims 
for Motor Vehicles With a GVWR of 4,536 Kilograms (10,000 pounds) or 
Less. GM has filed an appropriate report pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
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.
    This notice of receipt of GM's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    Affected are approximately 6,619 model year 2009 Chevrolet Cobalt 
and Pontiac G5 passenger cars built from April 2008 through November 
12, 2008.
    Paragraph S4.3 of FMVSS No. 110 requires in pertinent part:

    S4.3 Placard. Each vehicle, except for a trailer or incomplete 
vehicle, shall show the information specified in S4.3(a) through 
(g), and may show, at the manufacturer's option, the information 
specified in S4.3(h) and (i), on a placard permanently affixed to 
the driver's side B-pillar. In each vehicle without a driver's side 
B-pillar and with two doors on the driver's side of the vehicle 
opening in opposite directions, the placard shall be affixed on the 
forward edge of the rear side door. If the above locations do not 
permit the affixing of a placard that is legible, visible and 
prominent, the placard shall be permanently affixed to the rear edge 
of the driver's side door. If this location does not permit the 
affixing of a placard that is legible, visible and prominent, the 
placard shall be affixed to the inward facing surface of the vehicle 
next to the driver's seating position. This information shall be in 
the English language and conform in color and format, not including 
the border surrounding the entire placard, as shown in the example 
set forth in Figure 1 in this standard. At the manufacturer's 
option, the information specified in S4.3(c), (d), and, as 
appropriate, (h) and (i) may be shown, alternatively to being shown 
on the placard, on a tire inflation pressure label which must 
conform in color and format, not including the border surrounding 
the entire label, as shown in the example set forth in Figure 2 in 
this standard. The label shall be permanently affixed and proximate 
to the placard required by this paragraph. The information specified 
in S4.3(e) shall be shown on both the vehicle placard and on the 
tire inflation pressure label (if such a label is affixed to provide 
the information specified in S4.3(c), (d), and, as appropriate, (h) 
and (i)) may be shown in the format and color scheme set forth in 
Figures 1 and 2. * * *
    (c) Vehicle manufacturer's recommended cold tire inflation 
pressure for front, rear and spare tires, subject to the limitations 
of S4.3.4. For full size spare tires, the statement ``see above'' 
may, at the manufacturer's option replace manufacturer's recommended 
cold tire inflation pressure. If no spare tire is provided, the word 
``none'' must replace the manufacturer's recommended cold tire 
inflation pressure.
    (d) Tire size designation, indicated by the headings ``size'' or 
``original tire size'' or ``original size,'' and ``spare tire'' or 
``spare,'' for the tires installed at the time of the first purchase 
for purposes other than resale. For full size spare tires, the 
statement ``see above'' may, at the manufacturer's option replace 
the tire size designation. If no spare tire is provided, the word 
``none'' must replace the tire size designation. * * *

    In its petition, GM explained that the noncompliances with FMVSS 
No. 110 exist due to errors in the vehicle tire and loading information 
placards that it affixed to the vehicles. GM explains that the subject 
vehicles were originally designed to be equipped with spare tires as 
standard equipment. The vehicle owner's manuals and tire and 
information placards included all required information associated with 
the spare tire equipped vehicles. When a production change substituted 
a Tire Sealant and Compressor Kit (inflator kit) for the spare tire, 
the vehicle tire and information placards should have been revised to 
comply with paragraphs S4.3(c) and S4.3(d) FMVSS No. 110, but were not.
    GM described the noncompliances as the following errors on the tire 
and loading information placard:
    (1) The tire size designation shows a spare tire size appropriate 
for the subject vehicles instead of the word ``none''.
    (2) The manufacturer's recommended cold tire inflation pressure 
shows inflation pressure appropriate for the subject spare tire instead 
of the word ``none''.
    GM also stated that all other information (front and rear tire size 
designations and their respective cold tire inflation pressures as well 
as seating capacity and vehicle capacity weight) on the subject 
placards is correct and that it was not aware of any field or owner 
complaints associated with these noncompliances.
    GM additionally stated that it believes that this noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (1) All information required for maintaining and/or replacing the 
front and rear tires, as well as the seating capacity and vehicle 
capacity weight are correct on the tire and loading information placard 
on the subject vehicles.
    (2) The vehicle price label (a.k.a., the Monroney label) has the 
correct information, whether the vehicle is equipped with an inflator 
kit or a spare tire. Therefore, original purchase owners should already 
know if their vehicle is equipped with an inflator kit in place of a 
spare tire.
    (3) In addition to the FMVSS 138 required owner's manual language 
of checking the inflation pressures of all tires including the spare 
monthly, the owner's manual also recommends the owner to check the 
tires including the compact spare once a month or more. The tire 
information placard on the subject vehicles contains spare tire size 
and recommended cold tire inflation pressure instead of the word 
``none'' as required by FMVSS No. 110. The inflator kit is located in 
the same location where a spare tire would be for vehicles ordered with 
an optional spare tire. Therefore, if an owner were to look for the 
spare tire, he/she would find the inflator kit, and realize that the 
vehicle is equipped with an inflator kit instead of a spare tire.
    (4) In the event of a flat tire, the inflator kit serves the 
purpose of getting back on the road. Since the inflator kit is located 
in the same location as the spare tire, the customer should have no 
problem finding it. The owner's manual provides the instructions for 
using the inflator kit as well as installing the spare tire. There is a 
label with instructions on the sealant canister of the inflator kit as 
well.
    (5) The inflator kit includes a tire sealant canister, an air 
compressor as well as a pressure gage in one unit. The inflator kit can 
be used to inflate one or more tires regardless of whether the

[[Page 6454]]

vehicle has a punctured tire or not. The sealant of the GM sealant 
canister does not damage the TPMS pressure sensor, and the TPMS 
continues to function.
    (6) On Star e-mail service subscribers get monthly reminders on 
tire pressure maintenance, including the recommended cold tire 
inflation pressures and status of their tire pressures.
    (7) Risk to the public is negligible because the vehicle does have 
an inflator kit.
    (8) GM is not aware of any incidents or injuries related to the 
subject condition.
    GM also has informed NHTSA that it has corrected the problem that 
caused these errors so that they will not be repeated in future 
production.
    In summation, GM states that it believes that the noncompliances 
are inconsequential to motor vehicle safety and that no corrective 
action is warranted.
    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.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods:
    a. 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.
    b. By hand delivery 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.
    c. Electronically: By logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). DOT's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 (65 
FR 19477-78).
    You may view documents submitted to a docket at the address and 
times given above. You may also view the documents on the Internet at 
http://www.regulations.gov by following the online instructions for 
accessing the dockets available at that Web site.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: March 11, 2009.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8).

    Issued on: February 3, 2009.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9-2666 Filed 2-6-09; 8:45 am]

BILLING CODE 4910-59-P
