[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Notices]
[Pages 6928-6930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02415]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0134; Notice 2]


General Motors LLC, 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 2014

[[Page 6929]]

Chevrolet Silverado and GMC Sierra trucks manufactured between January 
29, 2013, and October 28, 2013, do not fully comply with paragraph 
S5.3.1(e) of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, 
Controls and Displays, and paragraph S3.1.4.1 of FMVSS No. 102, 
Transmission Shift Position Sequence, Starter Interlock, and 
Transmission Braking Effect. GM filed a report dated October 31, 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, the 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 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 February 24, 2014, in the Federal Register 
(79 FR 10226). Four individuals and the Advocates for Highway and Auto 
Safety (Advocates) provided comments to the receipt notice. To view the 
petition, the comments, 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-2013-0134.''
    II. Vehicles Involved: Affected are approximately 200,921 model 
year 2014 Chevrolet Silverado and GMC Sierra trucks manufactured 
between January 29, 2013, and October 28, 2013.
    III. Noncompliance: GM explains that the noncompliance is that 
under certain circumstances when an owner uses the steering wheel 
controls to browse and select songs to play from an external device 
(i.e., MP3 player) that is plugged into one of the vehicle's USB ports, 
the instrument cluster may reset. When the instrument cluster resets 
the analog gauges and identifications, the PRNDM [shift position] 
indicator, and the cruise control telltale, if illuminated, will 
briefly extinguish. In addition, some of the instrument cluster 
telltales may also illuminate briefly during a bulb check without the 
condition the telltale is designed to indicate being present.
    IV. Rule Text: Paragraph S5.3.1 of FMVSS No. 101 states 
specifically:

    S5.3.1 Timing of illumination
    . . .
    (e) A telltale must not emit light except when identifying the 
malfunction or vehicle condition it is designed to indicate, or 
during a bulb check.

    Paragraph S3.1.4. of FMVSS No. 102 states specifically:

    S3.1.4 Identification of shift positions and of shift position 
sequence.
    S3.1.4.1 Except as specified in S3.1.4.3, if the transmission 
shift position sequence includes a park position, identification of 
shift positions, including the positions in relation to each other 
and the position selected, shall be displayed in view of the driver 
whenever any of the following conditions exist:
    (a) The ignition is in a position where the transmission can be 
shifted; or
    (b) The transmission is not in park. . . .

    V. Summary of GM's Analyses: GM states that the subject 
noncompliance is unlikely to occur in that all of the following 
conditions have to exist: The driver must operate a media device 
inserted into one of the vehicle's USB ports in a very specific way; 
the redundant steering wheel controls must be used to select a song; 
the driver must then search for a particular song by depressing the 
left arrow on the right spoke of the steering wheel, then select 
``audio'' using the steering wheel controls, then select ``browse'' 
using the steering wheel controls, then scroll to a particular song 
using the steering wheel control, then select a song to play. If the 
driver selects ``browse'' using the steering wheel controls to select a 
second song, the subject condition may occur, but only if the total 
information in titles of the buffered songs exceeds 2000 bytes.
    GM believes that the condition is short-lived as disruption of the 
PRNDM is said to persist for one and one half seconds, and the telltale 
bulb check is said to persist for approximately five seconds. GM cited 
a 1979 interpretation to Ford in which NHTSA acknowledged that a short-
lived inability to view telltales does not necessarily warrant 
manufacturers correcting the condition.\1\ NHTSA is quoted as stating, 
``This means that the tell-tales and their identification need not be 
visible to the driver when the tell-tales are struck by direct 
sunlight. Since conditions such as these are typically short-lived, the 
NHTSA does not believe that the length of time the driver may be unable 
to view the tell-tales is significant enough to warrant requiring the 
manufacturer to prevent their occurrence.''
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    \1\ A copy of this letter is attached to GM's petition and is 
available in the docket at www.regulations.gov, Docket No. NHTSA-
2013-0134-0001.
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    GM states that the noncompliance that is the subject of the 
petition has little effect on the normal operation of the vehicle. GM 
states that when the operation of the instrument panel is briefly 
affected by the noncompliance, none of the other vehicle operations are 
affected; any underlying messages remain in place and will continue to 
be displayed after the instrument panel resets; other operations, like 
cruise control, are unaffected by the noncompliance (only the displays 
on the instrument panel are briefly affected by the condition); and if 
the noncompliance were to occur, it is unlikely the brief disruption of 
the PRNDM will affect the driver.
    Lastly, GM states that NHTSA has previously granted petitions for a 
determination of inconsequential noncompliance, finding no risk to 
motor vehicle safety, where the sequence of events causing the 
noncompliant condition is exceptionally rare. GM states that these 
granted petitions allow specific telltales to extinguish for a limited 
period of time while the vehicle is being operated.
    In summation, GM believes that the described noncompliance of the 
subject vehicles is inconsequential to motor vehicle safety, and that 
its petition, to be exempt from providing recall notification of the 
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: NHTSA has reviewed GM's justification for an 
inconsequential noncompliance determination and agrees that the 
specific noncompliance addressed is inconsequential to motor vehicle 
safety.
    GM states its belief that the subject condition is unlikely to 
occur due to the series of events that must take place before the 
instrument cluster resets. GM explains that the driver must operate a 
USB media device by using the steering wheel controls to search for a 
song, select ``audio'', select ``browse'', and select another song to 
play while the total information in titles of the buffered songs 
exceeds 2000 bytes for the condition to occur.
    GM states that the condition is short-lived with the disruption of 
the PRNDM illumination lasting approximately one and one half seconds 
and the telltale

[[Page 6930]]

bulb check lasting approximately five seconds. According to GM, the 
condition will have little effect on the normal operation of the 
vehicle as no underlying systems are affected by the failure.
    After receipt of GM's petition, NHTSA requested more information 
regarding the subject noncompliance. GM submitted videos showing that 
when the condition occurs any existing warning lights extinguish, the 
indicators (gauges) drop to zero, and operation of the entire 
instrument panel is interrupted. Specifically, any illuminated 
telltales extinguish for approximately one and one half seconds before 
a bulb check that lasts approximately five seconds is initiated. At the 
conclusion of the bulb check, any previously illuminated telltales will 
illuminate and remain illuminated.
    NHTSA agrees with GM that if the instrument panel reset were to 
happen it would only be a momentary condition, the instrument panel 
telltales and indicators would extinguish and return to normal very 
quickly, with little, if any, impact to the driver.
    GM mentioned two previous petitions that the agency granted due to 
the loss or failure of telltale indications. In the first petition, 
General Motors Corp.; Grant of Petition for Determination of 
Inconsequential Noncompliance, 56 FR 33323 (July 19, 1991), the 
noncompliance would only manifest itself when the headlight high beams 
were turned on and the cigar lighter was activated. In this situation 
the required high beam telltale could dim or extinguish altogether for 
a short period of time while the cigar lighter was being powered. The 
petition was granted because the agency determined there was no 
consequence to motor vehicle safety attached to the extinguishment of 
the high beam telltale.
    In the second petition, submitted by Nissan, Nissan North America, 
Incorporated, Grant of Petition for Decision of Inconsequential 
Noncompliance, 78 FR 59090, (Sept. 25, 2013), under rare circumstances 
the transmission gear selected was not always displayed correctly as 
required. The petition was granted because it was only possible for the 
gear indication to extinguish when the engine was inactive and the 
vehicle was inoperable. Upon reactivating the engine the gear indicator 
displayed the correct gear.
    Five commenters (four individuals and the Advocates for Highway and 
Auto Safety) provided comments about GM's petition when NHTSA issued 
the notice of receipt in the Federal Register.
    One individual stated that ``there is no such potential product 
recall as `inconsequential' '' and that ``all product recalls must be 
effectively enforced against the vehicle manufacturer.'' We note that 
the Motor Vehicle Safety Act requires the Secretary of Transportation 
to provide the vehicle manufacturers an opportunity to submit 
information, views, and arguments showing that a noncompliance does not 
impact motor vehicle safety. NHTSA is then required to consider 
information and arguments submitted and make a determination whether 
the noncompliance is, or is not, inconsequential to motor vehicle 
safety. If NHTSA determines that the subject noncompliance has no 
consequence to motor vehicle safety, the manufacturer is exempted from 
notification and remedy requirements of 49 U.S.C. 30118 and 30120.
    The second individual commenter believes that GM should conduct a 
recall because the touch screen is not covered by the vehicle's 
warranty. The agency feels that this comment is not relevant because 
the steering wheel controls (rather than the touch screen on the center 
console) are the controls that must be used for the subject 
noncompliance to occur.
    The two remaining individuals that provided comments believe that 
anything causing a distraction to the occupants of a motor vehicle 
under operation should be recalled. One of the commenters expressed 
that using a USB music device would be distracting and the other 
believes that the cluster becoming inoperable, even for a second, is 
enough time to distract the driver and cause an accident.
    After reviewing the video provided by GM, the agency believes that 
a reset of the instrument panel would be corrected quickly within 
seconds, before the driver would be distracted, or realize what was 
happening.
    The Advocates for Highway and Auto Safety does not specifically 
support the granting or denial of GM's petition, but believes that the 
existence of such a malfunction raises serious questions regarding 
vehicle design which can lead to this kind of situation.
    Finally, GM stated that a Service Update Bulletin was issued to 
update the software of all IP clusters whenever any service to the 
affected vehicles is done at the dealership. The agency understands 
that GM's action to update the IP cluster software on these vehicles as 
they are brought in for regular service should reduce considerably the 
number of affected vehicles.
    NHTSA'S Decision: In consideration of the foregoing, NHTSA has 
decided that GM has met its burden of persuasion that the FMVSS No. 101 
and FMVSS No. 102 noncompliance in the affected vehicles is 
inconsequential to motor vehicle safety. Accordingly, GM's petition is 
hereby granted and GM is not obligated to provide notification of, and 
a free 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 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. 2016-02415 Filed 2-8-16; 8:45 am]
BILLING CODE 4910-59-P