[Federal Register Volume 86, Number 98 (Monday, May 24, 2021)]
[Notices]
[Pages 27957-27959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10817]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0068; Notice 1]


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

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

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: General Motors LLC, (GM) has determined that certain model 
year (MY) 2017-2020 Cadillac XT5, MY 2020 Cadillac XT6, and MY 2017-
2019 GMC Acadia motor vehicles do not fully comply with Federal Motor 
Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior 
Materials. GM filed a noncompliance report dated May 29, 2020. GM 
subsequently petitioned NHTSA on June 19, 2020, for a decision that the 
subject noncompliance is inconsequential as it relates to motor vehicle 
safety. This notice announces receipt of GM's petition.

DATES: Send comments on or before June 23, 2021.

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 the 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 the 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 for Federal holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://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 docket. 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: GM has determined that certain MY 2017-2020 Cadillac 
XT5, MY 2020 Cadillac XT6, and MY 2017-2019 GMC Acadia motor vehicles 
do not fully comply with the requirements of paragraphs S4.2 and 
S4.3(a) of FMVSS No. 302, Flammability of Interior Materials (49 CFR 
571.302). GM filed a noncompliance report dated May 29, 2020, pursuant 
to 49 CFR part 573, Defect and Noncompliance Responsibility and 
Reports. GM subsequently petitioned NHTSA on June 19, 2020, 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, pursuant to 49 U.S.C. 30118(d) and 
30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or 
Noncompliance.
    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.
    II. Vehicles Involved: Approximately 166,938 MY 2017-2020 Cadillac 
XT5, MY 2020 Cadillac XT6, and MY 2017-2019 GMC Acadia motor vehicles 
manufactured between October 29, 2015, and March 20, 2020, are 
potentially involved.
    III. Noncompliance: GM explains that the noncompliance is that 
subject vehicles are equipped with ventilated front seats that do not 
meet the flammability requirements set forth in paragraphs S4.2 and 
S4.3(a) of FMVSS No. 302. Specifically, when the four composite layers 
of the seat-vent mat assembly are tested separately, one composite 
layer did not meet the burn rate requirement because it had burn rates 
ranging between 186 mm/min to 189 mm/min, therefore, it exceeded the 
maximum burn rate of 102 mm/min.
    IV. Rule Requirements: Paragraphs S4.2 and S4.3(a) of FMVSS No. 302 
includes the requirements relevant to this petition. Any material that 
does not adhere to other materials at every point of contact must meet 
the 102 mm per minute burn rate requirement when tested separately. Any 
portion of a single or composite material which is within 13 mm of the 
occupant compartment air space shall meet the requirements.
    V. Summary of GM's Petition: The following views and arguments 
presented in this section, ``V. Summary of GM's Petition,'' are the 
views and arguments provided by GM. They have not been evaluated by the 
Agency and do not reflect the views of the Agency. GM described the 
subject noncompliance and contended that the noncompliance is 
inconsequential as it relates to motor vehicle safety.

[[Page 27958]]

    In support of its petition, GM submitted the following:
    1. Background: Noncompliance Summary and Seat Assembly.
    a. Noncompliance Description: The seat cushions in the subject 
vehicles equipped with ventilated front seats fail to conform, in part, 
to S4.2 of FMVSS No. 302. Because certain components (or composite 
layers) of the seat-vent mat assembly (``vent bags'') do not ``adhere 
to other material(s) at every point of contact,'' each should be tested 
separately. When tested separately, one of the four composite layers 
did not meet the burn rate requirement. All other components of the 
seat required to meet FMVSS No. 302 comply with the standard.
    The one noncompliant ``layer'' is a composite consisting of five 
different materials, and only one of the five--a very thin pressure 
sensitive adhesive tape (``adhesive tape'') does not comply with the 
flammability requirements. It does not comply with the 102 mm/min 
requirement only when the test sample also contains a cushion scrim 
(``scrim'') that shields the flame from the self-extinguishing foam 
just above it. That unique combination that includes the adhesive tape, 
scrim, and a small amount of foam only exists in an FMVSS No. 302 test 
sample--it does not exist as a stand-alone group of materials exposed 
to flame in real-world vehicle seats. As installed in the seat, the 
very thin adhesive tape and scrim are roughly 11.4 mm from the occupant 
air space underneath the seat and are sandwiched among many other 
materials, including the self-extinguishing seat foam.
    b. The Vent Bag Assembly: The vent bag assembly (or ``vent bags'') 
are designed to pull air into and through the seat to cool the 
occupant. The vent bag is positioned below the seat cushion and 
attaches via a very thin adhesive strip to the lower seat cushion. The 
vent bags are comprised of multiple layers of materials. The scrim 
layer does not extend uniformly in a layer. It is localized around the 
seat foam. The scrim's presence on a sample depends on the location 
where the sample is cut for FMVSS No. 302 testing: The sample may not 
have any scrim if cut in the center, or it may have scrim if cut closer 
to the edges of the seat.
    c. Because the filler material within the vent bag was not adhered 
at every point of contact with the composite layer above, the 13 mm as 
measured from the base of the composite layer included the layer 1 and, 
for layer 3, includes a small portion of scrim. The 13-mm layer 3 
created for FMVSS No. 302 testing purposes has just the right 
combination of adhesive tape and scrim along with a truncated seat foam 
layer that it does not meet the 102 mm/min burn rate requirements.
    d. The Layers Tested: The vent bag assembly has four layers that 
must be tested separately for FMVSS No. 302. Layer 1 is adjacent to the 
occupant airspace under the seat. Layers 3 and 4 are closest to the 
seated occupant but furthest from the airspace under the seat.
    The following materials make up each layer:

 Layer 1: Bottom Felt plus Film
 Layer 2: Filler
 Layer 3: Film plus Top Felt plus PSA tape plus Cushion Scrim 
plus Cushion Foam
 Layer 4: Film plus Top Felt plus PSA tape plus Cushion Foam

    Layers 3 and 4 are adhered at all points and are tested as a 
composite. The seat foam is cut to comply with S4.2.2, which requires a 
maximum composite thickness of 13 mm. The difference between layer 3 
and layer 4 is the presence of scrim. Two samples (layers 3 and 4) were 
taken of the composite material at different locations of the seat to 
ensure one captured the scrim. Layer 3 was cut to capture scrim and 
layer 4 was cut closer to the center of the seat and does not capture 
any scrim. The only layer that did not meet FMVSS No. 302 is layer 3. 
All other layers meet the burn rate requirements. When testing layer 3 
in accordance with FMVSS No. 302, which required a flame applied 
directly to the felt with film liner, the burn rates ranged from 186 
mm/min to 189 mm/min and did not pass the requirements of FMVSS No. 302 
S4.3(a). Layer 4, however, which is the same composite but without the 
scrim, had a burn rate of only 12 mm/min to 24 mm/min. The higher burn 
rates for layer 3 were caused by the unique interaction of the adhesive 
tape, scrim, and truncated seat foam. The scrim is flame-retardant, but 
the thin layer of adhesive tape is not. In layer 3, the scrim shields 
the flame from interacting with and being slowed down or extinguished 
by the self-extinguishing foam above. With layer 4, which had a much 
lower burn rate, the foam has a bigger effect and significantly slows 
down the burn rate.
    2. GM's Reasoning: GM believes that this FMVSS No. 302 
noncompliance is inconsequential to motor vehicle safety for the 
following reasons:
    a. The seat vent bag assembly as installed in the vehicle meets 
FMVSS No. 302 flammability requirements. As installed in the vehicle, 
the vent bag meets FMVSS No. 302 requirements. The flammability issue 
is created not by the materials in the seat but by the unique way in 
which the 100 x 356 mm section is selected for purposes of FMVSS No. 
302 testing. When that section is taken from the edge of the seat, the 
13-mm composite contains portions of scrim which, in combination with 
the adhesive tape, increases the burn rate of that sample (i.e., layer 
3). FMVSS No. 302 requires the flame to be applied directly to the felt 
with film liner, which is adjacent to the adhesive tape and cushion 
scrim, and that interaction limited the foam's ability to slow down the 
burn rate and resulted in a rate exceeding the 102 mm per minute 
requirement.
    In the real world, however, the adhesive tape and scrim would never 
be exposed to an open flame because they are well encased from the 
airspaces below (and above) the seat by layers of self-extinguishing or 
flammability compliant materials. Specifically, the scrim is encased by 
at least 11.4 mm of materials from the airspace below. Encasing the 
scrim from the airspace below are two layers of the felt [with] film 
liner, the filler, and the adhesive tape. The felt with film liner has 
a burn rate of 42 mm/min and the filler is self-extinguishing. 
Moreover, the as-installed seat has more than 13 mm of self-
extinguishing seat foam above the adhesive tape and scrim, and the 
scrim is localized and only exists in certain areas. Taken as a whole, 
the adhesive tape and scrim have a negligible effect on the overall 
burn rate. Layer 4, which is a closer representation of the relative 
percentage of component materials, has a burn rate of only 12 mm/min to 
24 mm/min.
    The purpose of FMVSS No. 302 is to ``reduce the deaths and injuries 
to motor vehicle occupants caused by vehicle fires, especially those 
originating in the interior of the vehicle from sources such as matches 
or cigarettes.'' The combination of adhesive tape, scrim, and truncated 
seat foam that is causing the FMVSS No. 302 issue would never be 
exposed to an open flame or an ignition source (like matches or 
cigarettes) in its installed application, because they are installed 
within and surrounded by complying materials that meet FMVSS No. 302 
standards. In the real world, a flame emanating from the occupant air 
space below the seat must travel through the felt [with] film liner and 
the filler before even having the potential to contact the adhesive 
layer or scrim.
    b. GM testing and design review of the vent bag assembly and its 
components indicate that the chance of fire or flame induced by a 
malfunctioning ventilator

[[Page 27959]]

is essentially zero. Unlike the situation in Toyota's February 21, 
2014, petition for inconsequentiality, which NHTSA granted, (see 80 FR 
4035, January 26, 2015) there are no heater elements in GM's seat. In 
contrast, the subject seats contain a seat ventilator which circulates 
unheated air. The ventilator and associated motor are at least 27 mm 
from the adhesive tape and scrim and are separated by self-
extinguishing and flammability-compliant materials. There is 
essentially zero risk that the seat ventilator or the associated motor 
could cause the seat materials to ignite.
    c. The adhesive tape is a very small portion of the soft mass of 
the seat and has an insignificant (i.e., negligible) adverse effect on 
the overall burn rate. The adhesive tape is only 0.03% of the seat mass 
and is positioned well above (>11.4 mm) the occupant air space within 
the seat material stack. As installed in the vehicle, the adhesive tape 
makes up such an extremely small portion of the seat that its burn rate 
will have essentially no adverse effect on the burn rate of the vent 
bag assembly. Therefore, the adhesive tape would have an insignificant 
adverse effect on the interior material burn rate and the potential for 
occupant injury due to interior fire.
    d. The same seats comprised of the same materials meet FMVSS No. 
302 requirements. The exact same seats with the exact same materials 
meet FMVSS No. 302 when heat is used during the assembly process, which 
results in the filler layer (layer 2) adhering to the upper felt with 
film material of layers 3 and layer 4.
    e. GM is not aware of any injuries or customer complaints 
associated with this condition.
    3. NHTSA has granted similar inconsequential petitions in the past: 
NHTSA has granted at least two petitions for inconsequentiality for 
similar issues: Toyota's February 2014 petition for inconsequential 
noncompliance (see 80 FR 4035, January 26, 2015), and Cosco Inc.'s 1998 
petition for a similar issue. (See 63 FR 30809, June 5, 1998.)
    4. Correction of Noncompliance: To address this technical 
noncompliance, GM's suppliers have begun to use the ``heated surface'' 
molding process which results in the filler and felt-with-film liner to 
be adhered at all points. This process will be used to correct the 
noncompliant vehicles in production and parts in service inventory. 
Through testing, GM confirmed that the vent bags assembled with this 
process comply with S4.3(a) for FMVSS No. 302. This noncompliance issue 
was addressed in production for all applicable vehicles manufactured on 
or after May 26, 2020.
    GM concluded by again contending 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 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, any decision on 
this petition only applies to the subject vehicles that GM 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 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)

Otto G. Matheke, III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-10817 Filed 5-21-21; 8:45 am]
BILLING CODE 4910-59-P


