[Federal Register Volume 64, Number 31 (Wednesday, February 17, 1999)]
[Notices]
[Pages 7944-7945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3762]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-4510; notice 2]


General Motors Corporation; Grant of Application for Decision of 
Inconsequential Noncompliance

    General Motors Corporation (GM) has determined that certain 1998 
and 1999 GM passenger cars were not in full compliance with 49 CFR 
571.110, Federal Motor Vehicle Safety Standard (FMVSS) No. 110, ``Tire 
selection and rims,'' and has filed an appropriate report pursuant to 
49 CFR Part 573, ``Defect and Noncompliance Reports.'' GM has also 
applied to be exempted from the notification and remedy requirements of 
49 U.S.C. Chapter 301--``Motor Vehicle Safety'' on the basis that the 
noncompliance is inconsequential to motor vehicle safety.
    Notice of receipt of the application was published, with a 30-day 
comment period, on October 28, 1998, in the Federal Register (63 FR 
57744). NHTSA received no comments on this application during the 30-
day comment period.
    Paragraph S4.3(b) of FMVSS No. 110 states that each vehicle shall 
have a placard, permanently affixed to the glove compartment door or an 
equally accessible location, that displays the designated seating 
capacity, in terms of the total number of occupants and the number of 
occupants for each seat location.
    From May 3, 1998 to August 6, 1998, GM produced 303,936 U.S. 
passenger cars with errors in the occupant capacity numbers on the tire 
information placard. GM stated that the errors were caused by 
unforeseen changes in the computer program that generates the labels. 
The programming error resulted in the incorrect numbers for the center 
and rear positions. However, the correct number was provided for the 
front position. The following table summarizes the information on the 
subject placard:

----------------------------------------------------------------------------------------------------------------
                                                                 Front        Center        Rear        Total
----------------------------------------------------------------------------------------------------------------
As produced.................................................            2            2            0            3
Correct.....................................................            2            0            3            5
----------------------------------------------------------------------------------------------------------------

    GM supports its application for inconsequential noncompliance with 
the following statements:
    1. The vehicle capacity weight, recommended cold tire inflation 
pressure, and recommended tire size designation information were not 
affected by the programming change and that information is correct on 
the placards of the subject vehicles;

[[Page 7945]]

    2. Occupant capacity information is provided to help customers 
avoid exceeding tire load limits. These errors will not contribute to 
overloading because the correct vehicle weight capacity is provided. 
The seating capacity is understated. The correct tire pressure 
information is also provided and the tire load limit will not be 
exceeded with all seating positions occupied; and
    3. A customer would look at the number of seats and the number of 
safety belts in a car to determine its capacity, rather than look at 
the placard. If a customer does read the seat capacity numbers on the 
tire placard, it will be obvious that the numbers are incorrect because 
the sum of the seat numbers will not equal the total number of the 
label. It is unlikely that anyone will be confused about the seat 
capacity of these cars after looking at the seats and safety belts. The 
purpose for the labeling requirements in FMVSS No. 110 is to provide 
the vehicle user with information for the safe operation of the vehicle 
by having a placard, permanently affixed to the glove compartment door 
or an equally accessible location, that displays the designated seating 
capacity, in terms of the total number of occupants and the number of 
occupants for each seat location. This information is used to identify 
the number of seating positions designed by the vehicle's manufacturer 
and to prevent overloading. In this case, GM understated the number of 
occupants that the vehicle can carry; therefore, overloading is not an 
issue. In addition, the correct vehicle capacity weight, recommended 
cold tire inflation pressure, and recommended tire size designation 
information are provided.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance it 
describes is inconsequential to safety. Accordingly, its application is 
granted, and the applicant is exempted from providing the notification 
of the noncompliance that is required by 49 U.S.C. 30118, and from 
remedying the noncompliance, as required by 49 U.S.C. 30120.

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

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

    Issued on: February 10, 1999.
Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-3762 Filed 2-16-99; 8:45 am]
BILLING CODE 4910-59-P