[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Notices]
[Pages 8095-8097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02729]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0063; 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.

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SUMMARY: General Motors, LLC, (GM) has determined that certain model 
year (MY) 2010-2017 GMC Terrain motor vehicles do not fully comply with 
Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, 
Reflective Devices, and Associated Equipment. GM filed a noncompliance 
report dated May 15, 2019. GM subsequently petitioned NHTSA on June 7, 
2019, for a decision that the subject noncompliance is inconsequential 
as it relates to motor vehicle safety. This document announces receipt 
of GM's petition.

DATES: The closing date for comments on the petition is March 13, 2020.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket number and notice number cited in the title of this notice and 
may be 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

[[Page 8096]]

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 dockets. 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 2010-2017 GMC 
Terrain motor vehicles do not fully comply with paragraph S10.15.6 and 
Table XIX of FMVSS No. 108, Lamps, Reflective Devices, and Associated 
Equipment (49 CFR 571.108). GM filed a noncompliance report dated May 
15, 2019, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. GM subsequently petitioned NHTSA on June 7, 
2019, 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 exercises of judgment concerning the merits of the petition.
    II. Equipment and Vehicles Involved: Approximately 726,959 MY 2010-
2017 GMC Terrain motor vehicles manufactured between May 21, 2009 and 
July 13, 2017 are potentially involved.
    III. Noncompliance: GM explains that the noncompliance is that the 
subject vehicles are equipped with lower beam headlamps that do not 
meet the photometry requirements of paragraph S10.15.6 and Table XIX of 
FMVSS No. 108. Specifically, a reflection from the headlamps' housing 
is directed 80 degrees outboard and 45 degrees upward, as measured from 
each lamp's optical axis, which dimly illuminates two small areas high 
above the vehicle. When tested, this reflection from a single point on 
each lamp burns at 450-470 cd, more than three times brighter than the 
designated maximum of 125 cd at test points 10[deg] U to 90[deg] U.
    IV. Rule Requirements: Paragraph S10.15.6 and Table XIX of FMVSS 
No. 108 includes the requirements relevant to this petition. Each 
replaceable bulb headlamp must be designed to conform to the photometry 
requirements of Table XVIII for upper beam and Table XIX for lower beam 
as specified in Table II-d for the specific headlamp unit and aiming 
method, when tested according to the procedure of paragraph S14.2.5 
using any replaceable light source designated for use in the system 
under test.
    V. Summary of GM's Petition: GM described the subject noncompliance 
and stated its belief that the noncompliance is inconsequential as it 
relates to motor vehicle safety.
    In support of its petition, GM submitted the following reasoning:
    1. The refection has no effect on vehicle safety for oncoming or 
surrounding vehicles. The narrow reflection in question does not create 
a safety risk for oncoming or surrounding drivers, due to the extreme 
angle of the reflection. This angle, 80 degrees outboard and 45 degrees 
upward from each lamp's optical axis, is far above the range where the 
reflection could cause glare for oncoming or surrounding drivers, 
including the industry-recognized ``glare points'' referenced in Table 
XIX of FMVSS No. 108 at the following ranges: 0.5[deg] U-1.5[deg] L to 
L, i[deg] U-1.5[deg] L to L, 0.5[deg] U-1[deg] R to R, 1.5[deg] U-[deg] 
R to R.
    2. The reflection has no effect on vehicle safety for drivers of 
the subject vehicles. The areas illuminated by the narrow reflections 
in question are not visible to drivers of the subject vehicles. These 
two small areas appear high above the vehicle, one to the far left and 
the other to the far right of the vehicle, well outside of the driver's 
view.
    GM says, while these reflections may be somewhat perceptible in 
certain extremely dense fog or snow conditions, there would be no 
effect on vehicle safety due to the small size and far outboard 
location in the driver's peripheral field of view. Any detectable light 
would be negligible compared to other outside sources of illumination 
such as glare from oncoming traffic or fog glare forward of the vehicle 
from any FMVSS-compliant headlamp.
    3. GM is aware of only a single customer inquiry associated with 
this condition, and is not aware of any crashes or injuries. GM 
reviewed all relevant field data and found just a single customer 
inquiry within the US and Canadian vehicle population of nearly 820,000 
vehicles sold, 726,595 of which in the US and 92,747 in Canada, over 
eight model years. The customer stated, ``Left head lamp seems to have 
a portion of the light that shines up in the trees at near a 45-degree 
angle.'' GM identified no other related field reports, including in 
warranty, TREAD, VOQ, and legal data.
    4. The headlamps comply with recognized industry standards. GM 
cited S6.1.1 of the SAE International Standard J1383, Performance 
Requirements for Motor Vehicle Headlamps (May 26, 2010), which sets 
forth certain industry-recognized intensity and size limits on headlamp 
photometrics. Specifically, for a zone extending 20[deg] left to 
20[deg] right, and 10[deg] to 60[deg] up from the lamp optical axis, 
the light projected cannot exceed 550 candelas and cannot occupy more 
than five percent of the zone's total area. The reflection from the 
subject lamps is well outside of this zone. Even if the reflections 
were within this zone, the headlamps would remain compliant, as the 
reflection would not exceed the maximum of five percent of the total 
area or the maximum of 550 candelas.

[[Page 8097]]

    5. The headlamps comply with applicable requirements for global 
regions, including UNECE R1123. S6.2.4 and Annex 3, Figure B of UNECE 
R112 specify photometric test points for the passing beam (i.e., lower 
beam headlamp). The photometric points extend to 4[deg] above the lamp 
optical axis. The subject reflection is well above those test points.
    6. The subject condition has been corrected for service parts and 
does not affect current-generation vehicles. GM is purging all affected 
service and replacement headlamps from dealer stock. Stanley has 
redesigned service and replacement headlamps to add graining to the 
inadvertent reflecting surfaces, which will prevent the reflections 
that are the cause of the issue. These redesigned lamps are expected to 
be available June 12, 2019. Current-generation GMC Terrain vehicles 
(model years 2018 and newer) use a different headlamp design and are 
not affected by this condition.
    GM concluded 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. 2020-02729 Filed 2-11-20; 8:45 am]
 BILLING CODE 4910-59-P