[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]]
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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
