[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Notices]
[Pages 1674-1676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00449]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0143; Notice 2]


General Motors LLC (GM), Grant of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Grant of Petition.

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SUMMARY: General Motors LLC (GM) has determined that certain model year 
(MY) 2010-2014 Cadillac SRX multipurpose passenger vehicles (MPVs) do 
not fully comply with paragraphs S4.4.1(a) and S4.4.2(a) of 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 with a GVWR of 4,536 kilograms (10,000 
pounds) or less. GM filed a report dated November 27, 2013 pursuant to 
49 CFR part 573, Defect and Noncompliance Responsibility and Reports. 
GM then petitioned NHTSA in accordance with 49 CFR part 556 requesting 
a decision that the subject noncompliance is inconsequential to motor 
vehicle safety.

ADDRESSES: For further information on this decision contact Amina 
Fisher, Office of Vehicle Safety Compliance, National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5307, facsimile 
(202) 366-5930.

SUPPLEMENTARY INFORMATION: 
    I. GM's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and 
the rule implementing those provisions at 49 CFR part 556, GM submitted 
a petition dated December 5, 2013, 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 GM's petition was published, with a 30-Day 
public comment period, on June 6, 2014 in the Federal Register (79 FR 
32813). 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-2013-0143.''
    II. Vehicles Involved: Affected are approximately 51,704 MY 2010-
2014 GM Cadillac SRX MPVs manufactured between June 18, 2009, and 
October 31, 2013.
    III. Noncompliance: GM explains that the affected vehicles were 
offered for sale with spare tires whose rims were marked with a ``T'' 
to indicate the source of the rim's published nominal dimensions as the 
Tire and Rim Association, rather than the correct ``E'' to indicate the 
European Tyre and Rim Technical Organization (ETRTO). Additionally, the 
ETRTO does not identify the 18 inch rim utilized as a suitable match 
for the T135/70R18 spare tire. Since all vehicles sold in the U.S. must 
be marked with a reference designation that indicates the source of the 
rim's published nominal dimensions, and the indicated source must list 
suitable rim sizes for each tire size listed, these vehicles fail to 
fully meet the requirements set forth in paragraph S4.4.1(a) and 
S4.4.2(a) of FMVSS No. 110.
    IV. Rule Text: Paragraph S4.4 of FMVSS No. 110 requires in 
pertinent part:

    . . .
    S4.4.1 Requirements. Each rim shall:
    (a) Be constructed to the dimensions of a rim that is listed by 
the manufacturer of the tires as suitable for use with those tires, 
in accordance with S4 of Sec.  571.139.
    . . .
    S4.4.2 Rim markings for vehicles other than passenger cars. Each 
rim or, at the option of the manufacturer in the case of a single-
piece wheel, each wheel dish shall be marked with the information 
listed in S4.4.2 (a) through (e) . . .
    (a) A designation that indicates the source of the rim's 
published nominal dimensions, as follows:
    (1) ``T'' indicates The Tire and Rim Association.
    (2) ``E'' indicates The European Tyre and Rim Technical 
Organization.

    . . .

    V. Summary of GM's Analyses: GM stated its belief that the subject 
noncompliance is inconsequential to motor vehicle safety for the 
following reasons:
    1. The tire and rim of the affected spare wheels are properly 
matched and are appropriate for the load-carrying characteristics of 
the subject vehicles.
    2. The incorrect reference document marking has no effect on the 
performance of the tire/rim combination.
    3. The subject tire/rim assembly meets the S4.4.1(b) rapid air loss 
requirement for FMVSS No. 110. The subject vehicles also meet GM's 
internal ride and handling guidelines with the subject spare tire/rim 
assembly installed.
    4. All other rim marking information required by S4.4.2 of FMVSS 
No. 110 on

[[Page 1675]]

the subject rims is correct. The rims are marked with the rim size 
designation as required by S4.4.2(b); the DOT symbol as required by 
S4.4.2(c); manufacturer identification as required by S4.4.2(d); and 
the month and year of manufacture as required by S4.4.2(e).
    5. The rim is marked correctly with the size designation of 18 x 
4.5B, the correct tire size information is listed on the Tire and 
Loading Information placard, and the tire size (T135/70R18) is marked 
on the tire sidewall. The vehicles' Certification label also contains 
the correct tire and rim sizes. There is little likelihood of a tire 
and rim mismatch as a result of the incorrect marking of the source of 
the published rim dimensions.
    6. Very few of these spare wheels will ever need to be replaced 
over the lifetime of the vehicle. If a spare wheel needs to be 
replaced, however, there is a section of the owner's manual provided on 
``Wheel Replacement.'' It is stated here that ``Your dealer will know 
the kind of wheel that is needed. Each new wheel should have the same 
load-carrying capacity, diameter, width, offset, and be mounted the 
same way as the one it replaces.''
    7. If a spare wheel needs to be replaced, it is likely that the 
customer would go to a GM dealer or a tire/wheel retailer. These 
facilities would know to look at the original spare wheel, the tire, 
the Tire and Loading Information placard, or the Certification label to 
determine the correct spare wheel size for the replacement.
    8. NHTSA has previously granted several inconsequential petitions 
with similar FMVSS No. 110 rim noncompliances.
    9. GM is not aware of any crashes, injuries or customer complaints 
associated with this condition.
    GM has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production of the subject vehicles 
will comply with all applicable requirements of FMVSS No. 110.
    In summation, GM believes that the described noncompliance of the 
subject vehicles is inconsequential to motor vehicle safety, and that 
its petition, to exempt 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's Decision

    NHTSA's Analysis: GM stated its belief that the combination of the 
subject spare tire and rim is a proper match and appropriate for the 
load-carrying characteristics of the subject vehicles. GM also stated 
its belief that the incorrect marking of the nominal rim dimension 
source designation on the rim has no effect on the performance of the 
tire/rim combination. In addition, GM mentioned that the subject 
vehicles meet the S4.4.1(b) rapid air loss requirement for FMVSS No. 
110.
    The agency agrees with GM that the subject vehicles are equipped 
with an appropriately matched spare tire and rim combination that when 
properly mounted on the subject vehicles would allow the vehicles to be 
operated safely within the manufacturer's specified performance and 
loading limits. We note that the main purpose of FMVSS No. 110 is to 
require vehicles be equipped with tires and rims appropriate for the 
safe operation and loading of applicable vehicles. It appears the spare 
tire and rim combination provided with the subject vehicles will meet 
all applicable FMVSS No. 110 performance requirements.
    GM also explained its belief that all other markings required by 
paragraph S4.4.2 of FMVSS No. 110 are on the subject rims and meet the 
applicable requirements of the standard. Those markings include; the 
rim size designation required by S4.4.2(b); the DOT symbol as required 
by S4.4.2(c); the manufacturer identification as required by S4.4.2(d); 
and the month and year of manufacture as required by S4.4.2(e). GM also 
stated that the correct tire size information is listed on the 
Certification label as well as the Tire and Loading Information placard 
affixed to each vehicle, and that the tire sizes are marked on the 
sidewalls of the tires.
    While NHTSA requires manufacturers to include the reference 
document designation symbol to be marked on the rim, its mislabeling in 
this case does not prevent the proper matching of tires and rims. We 
agree with GM that sufficient information about rim size is available 
from other markings on the rims as well as information available from 
the Certification label required by 49 CFR part 567, and the Tire and 
Loading Information placard required by FMVSS No. 110. In addition, the 
mislabeling does not affect the ability to identify the rims in the 
event of recall. NHTSA believes that due to the convenient availability 
of tire and rim size designation information there is little likelihood 
of a tire and rim mismatch as a result of the subject rim marking 
noncompliance.
    GM stated its belief that very few spare wheels need to be replaced 
during the life of the vehicle. If, however, wheel replacement is 
required, there is a section of the owner's manual provided with each 
vehicle titled ``Wheel Replacement.'' This section of the owner's 
manual states, ``Your dealer will know the kind of wheel that is 
needed. Each new wheel should have the same load-carrying capacity, 
diameter, width, offset, and be mounted the same way as the one it 
replaces.'' In addition, it is likely that the customer would go to a 
GM dealer or a tire/wheel retailer to obtain a replacement.
    NHTSA agrees with GM that if a vehicle owner or operator must 
replace one of the subject rims that they would most likely go to a GM 
dealer or a tire/wheel retailer. As professionals, technicians at 
either type of facility would know to look at the original spare wheel, 
the tire, the Tire and Loading Information placard, or the 
Certification label to determine the correct spare wheel size for the 
replacement.
    GM cited five petitions that the agency granted regarding wheels 
that omit the designation symbol that indicates the source of the rim's 
published nominal dimensions. All five cited petitions were granted 
because the agency determined that there was no consequence to motor 
vehicle safety due to the omission of the designation symbol required 
by either FMVSS No. 110 S4.4.2(a) or FMVSS No. 120 S5.2. As in the case 
of the subject spare tire and rim combinations, sufficient information 
about rim size was available from other markings on the rims as well as 
the information from the Certification label and Tire and Loading 
Information placards present on the affected vehicles.
    NHTSA's Decision: In consideration of the foregoing, NHTSA has 
decided that GM has met its burden of persuasion that the subject 
noncompliances with paragraph S4.4 FMVSS No. 110 are inconsequential to 
motor vehicle safety. Accordingly, GM's petition is hereby granted and 
GM is exempted from the obligation of providing notification of, and a 
remedy for, that noncompliance under 49 U.S.C. 30118 and 30120.
    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, this decision 
only applies to the subject noncompliant vehicles that GM no longer 
controlled at the time it determined that the noncompliance existed. 
However, the granting of this

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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).

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-00449 Filed 1-12-16; 8:45 am]
 BILLING CODE 4910-59-P