
[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Notices]
[Pages 75599-75600]
From the Federal Register Online via the Government Printing 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]
BILLING CODE 4910-59-P


