[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:
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Front Center Rear Total
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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
