[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Notices]
[Pages 43011-43012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20350]



[[Page 43011]]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-6034; Notice 1]


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

    General Motors Corporation (GM), of Warren, Michigan, has 
determined that a number of 1998 bi-fueled compressed natural gas (CNG) 
Chevrolet Cavaliers do not meet the requirements of S5.3 and S5.4 of 49 
CFR 571.303, Federal Motor Vehicle Safety Standard (FMVSS) No. 303, 
``Fuel System Integrity of Compressed Natural Gas Vehicles,'' and has 
filed an appropriate report pursuant to 49 CFR part 573, ``Defects 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.
    This notice of receipt of an application is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgement concerning the merits of the application.
    FMVSS No. 303, S5.3 requires that CNG vehicles shall be permanently 
labeled, near the vehicle refueling connection, with the information 
specified in S5.3.1 and S5.3.2 of this section. The information shall 
be visible to a person standing next to the vehicle during refueling, 
in English, and in letters and numbers that are not less than 4.76 mm 
(\3/16\ inch) high. S5.3.1 requires the statement: ``Service pressure 
__________kPa (__________psig),'' and S5.3.2 requires the statement 
``See instructions on fuel container for inspection and service life.''
    S5.4 requires that, when a motor vehicle is delivered to the first 
purchaser for purposes other than resale, the manufacturer shall 
provide the purchaser with a written statement of the information in 
S5.3.1 and S5.3.2 in the owner's manual, or, if there is no owner's 
manual, on a one-page document. The information shall be in English and 
in not less than 10 point type.
    GM has notified the National Highway Traffic Safety Administration 
that in model year 1998, it manufactured 385 bi-fueled CNG Chevrolet 
Cavaliers that did not fully comply with the labeling requirements 
specified in 49 CFR 571.303. GM stated that the noncompliance consists 
of deviations from the wording required on the CNG vehicle label and in 
the owner's manual.
    GM supported its application for inconsequential noncompliance by 
stating that an out-of-date version of FMVSS No. 303, which did not 
contain specific requirements, was used by the supplier that prepared 
the label and owner's manual supplement. As a result the CNG vehicle 
label applied near the refueling connection, and the owner's manual for 
the subject vehicles, did not contain the exact statements required by 
FMVSS No. 303, S5.3 and S5.4.
    GM stated that the refueling valve label clearly states the 
operating pressure and refers the user to the owner's manual for 
information about tank service life. GM also placed an additional label 
under the hood, on the fan shroud, that would be visible during more 
frequent routine service, such as fluid check and oil changes. This 
additional label again specifies the service pressure and the tank 
expiration date. GM further stated that the owner's manual indicates 
the service life, inspection information, and also provides a form to 
record the expiration date. GM believes that the labels and owner's 
manual supplement provided with these vehicles are responsive to and 
consistent with the rationale and intent of the requirements, even 
though the exact words required by the standard are not used.
    The required words and actual words are shown as follows:

------------------------------------------------------------------------
                       Required label
 FMVSS  paragraph         wording         '98 CNG Cavalier label wording
------------------------------------------------------------------------
S5.3.............  SERVICE PRESSURE       3600 PSI SYSTEM OPERATING
                    24820 kPa (3600        PRESSURE.
                    psig).
S5.3.............  SEE INSTRUCTIONS ON    SEE CNG OWNERS MANUAL
                    FUEL CONTAINER FOR     SUPPLEMENT FOR FUEL TANK
                    INSPECTION AND         SERVICE LIFE.
                    SERVICE LIFE.
------------------------------------------------------------------------


 
                      Required owner's       '98 CNG Cavalier owner's
 FMVSS  paragraph      manual wording             manual wording
------------------------------------------------------------------------
S5.4.............  SERVICE PRESSURE       This system operates at
                    24820 kPa (3600        pressures up to 3600 PSI
                    psig).                 (24.8 MPa). (p. iv) The CNG
                                           fuel system is designed to
                                           use a fill pressure of 3,600
                                           psi (24.8 MPa). (P. 6-3)
S5.4.............  SEE INSTRUCTIONS ON    THE CNG FUEL TANK HAS A
                    FUEL CONTAINER FOR     SERVICE LIFE OF 15 YEARS.
                    INSPECTION AND
                    SERVICE LIFE.
------------------------------------------------------------------------

    GM stated the following:
    GM believes that the labels and owner's manual supplement 
information provided with these vehicles are responsive and consistent 
with the rationale and intent of the requirements, even though the 
exact words required by the standard are not used. The actual labels 
and the owner's manual supplement provide equivalent information 
required by FMVSS 303, S5.3 and S5.4. The CNG refueling valve label 
clearly states the operating pressure and refers the user to the 
owner's manual for information about tank service life. Both the 
refueling valve and the underhood labels include the service expiration 
date and the owners manual indicates the service life, inspection 
information, and provide a form to record the expiration date.
    Additionally, virtually all CNG refueling stations incorporate an 
overfill protection system. Also, the subject vehicles are equipped 
with a CNG container validated up to 200 percent of the service 
pressure without leakage as required by FMVSS 304, S7.2.2 for such 
containers. GM has not received any reports of injuries or property 
damage associated with overfilling of these vehicles and believes it is 
extremely remote that these deviations from FMVSS 303 label and owner's 
manual requirements could contribute to an injury or property damage 
incident.
    For all of these reasons, GM believes that this noncompliance is 
inconsequential to motor vehicle safety. Accordingly, GM petitions that 
it be exempted from the remedy and recall provisions of the Motor 
Vehicle Safety Act in this case.
    Interested persons are invited to submit written data, views, and 
arguments on the application of described above. Comments should refer

[[Page 43012]]

to the docket number and be submitted to: U.S. Department of 
Transportation Docket Management, Room PL-401, 400 Seventh Street, SW, 
Washington, DC 20590. It is requested, but not required, that two 
copies be submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible. When the 
application is granted or denied, notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: September 7, 1999.

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

    Issued on: August 2, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-20350 Filed 8-5-99; 8:45 am]
BILLING CODE 4910-59-P