Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Notices 70963 

1 General Motors LLC (GM) is vehicle 

manufacturer incorporated under the laws of the 

state of Michigan. 

the subject vehicles were originally 

designed to be equipped with spare tires 

as standard equipment. The vehicle 

owner’s manuals and tire and 

information placards included all 

required information associated with 

the spare tire equipped vehicles. When 

a production change substituted a Tire 

Sealant and Compressor Kit (inflator kit) 

for the spare tire, the vehicle tire and 

information placards should have been 

revised to comply with paragraphs 

S4.3(c) and S4.3(d) of FMVSS No. 110, 

but were not. 

GM described the noncompliances as 

the following errors on the tire and 

loading information placard: 

(1) The tire size designation shows a spare 

tire size appropriate for the subject vehicles 

instead of the word ‘‘none’’. 

(2) The manufacturer’s recommended cold 

tire inflation pressure shows inflation 

pressure appropriate for the subject spare tire 

instead of the word ‘‘none’’. 

GM also stated that all other 

information (front and rear tire size 

designations and their respective cold 

tire inflation pressures as well as seating 

capacity and vehicle capacity weight) 

on the subject placards is correct and 

that it was not aware of any field or 

owner complaints associated with these 

noncompliances. 

GM additionally stated that it believes 

that this noncompliance is 

inconsequential to motor vehicle safety 

for the following reasons: 

(1) All information required for 

maintaining and/or replacing the front and 

rear tires, as well as the seating capacity and 

vehicle capacity weight are correct on the tire 

and loading information placard on the 

subject vehicles. 

(2) The vehicle price label (a.k.a., the 

Monroney label) has the correct information, 

whether the vehicle is equipped with an 

inflator kit or a spare tire. Therefore, original 

purchase owners should already know if 

their vehicle is equipped with an inflator kit 

in place of a spare tire. 

(3) In addition to the FMVSS No. 138 

required owner’s manual language of 

checking the inflation pressures of all tires 

including the spare monthly, the owner’s 

manual also recommends the owner to check 

the tires including the compact spare once a 

month or more. The tire information placard 

on the subject vehicles contains spare tire 

size and recommended cold tire inflation 

pressure instead of the word ‘‘none’’ as 

required by FMVSS No. 110. The inflator kit 

is located in the same location where a spare 

tire would be for vehicles ordered with an 

optional spare tire. Therefore, if an owner 

were to look for the spare tire, he/she would 

find the inflator kit, and realize that the 

vehicle is equipped with an inflator kit 

instead of a spare tire. 

(4) In the event of a flat tire, the inflator 

kit serves the purpose of getting back on the 

road. Since the inflator kit is located in the 

same location as the spare tire, the customer 

should have no problem finding it. The 

owner’s manual provides the instructions for 

using the inflator kit as well as installing the 

spare tire. There is a label with instructions 

on the sealant canister of the inflator kit as 

well. 

(5) The inflator kit includes a tire sealant 

canister, an air compressor as well as a 

pressure gage in one unit. The inflator kit can 

be used to inflate one or more tires regardless 

whether the vehicle has a punctured tire or 

not. The sealant of the GM sealant canister 

does not damage the TPMS pressure sensor, 

and the TPMS continues to function. 

(6) OnStar e-mail service subscribers get 

monthly reminders on tire pressure 

maintenance, including the recommended 

cold tire inflation pressures and status of 

their tire pressures. 

(7) Risk to the public is negligible because 

the vehicle does have an inflator kit. 

(8) GM is not aware of any incidents or 

injuries related to the subject condition. 

GM also has informed NHTSA that it 

has corrected the problem that caused 

these errors so that they will not be 

repeated in future production. 

In summation, GM states that it 

believes that the noncompliances are 

inconsequential to motor vehicle safety 

and that no corrective action is 

warranted. 

NHTSA Decision 

The agency agrees with GM that the 

noncompliances are inconsequential to 

motor vehicle safety. The agency 

believes that the true measure of 

inconsequentiality to motor vehicle 

safety in this case is that there is no 

effect of the noncompliances on the 

operational safety of the subject vehicles 

in which the vehicle tire and loading 

information placards erroneously 

indicated that a spare tire was available 

when, in fact, a tire inflator kit was 

installed in lieu of the spare tire. 

In the agency’s judgment, this 

noncompliance to FMVSS No. 110 will 

have an inconsequential effect on motor 

vehicle safety because: 

In the event of a flat tire, the inflator 

kit serves the purpose of getting back on 

the road. Since the inflator kit is located 

in the same location as the spare tire, 

the customer should have no problem 

finding it. The owner’s manual provides 

the instructions for using the inflator kit 

as well as installing a spare tire, should 

one become available. There is a label 

with use instructions on the sealant 

canister of the inflator kit as well. 

Additionally, all information required 

for maintaining and/or replacing the 

front and rear tires (i.e., tire size 

designations and their respective cold 

tire inflation pressures), as well as the 

seating capacity and vehicle capacity 

weight are correct on the tire and 

loading information placard on the 

subject vehicles. 

In consideration of the foregoing, 

NHTSA has decided that GM has met its 

burden of persuasion that the subject 

FMVSS No. 10 labeling noncompliances 

are inconsequential to motor vehicle 

safety. Accordingly, GM’s petition is 

granted and the petitioner is exempted 

from the obligation of providing 

notification of, and a remedy for, the 

subject noncompliance under 49 U.S.C. 

30118 and 30120. 

Authority: (49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8). 

Issued on: November 15, 2010. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2010–29170 Filed 11–18–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2010–0151; Notice 1] 

General Motors Corporation, Receipt 

of Petition for Decision of 

Inconsequential Noncompliance 

General Motors Corporation (GM),1

has determined that approximately 

1,113 Model Year (MY) 2011 Buick 

Regal passenger cars do not fully 

comply with paragraph S4.3(d) of 49 

CFR 571.110, Federal Motor Vehicle 

Safety Standard (FMVSS) No. 110, Tire 

Selection and Rims for Motor Vehicles 

With a GVWR of 4,536 Kilograms 

(10,000 pounds) or Less. GM filed an 

appropriate report pursuant to 49 CFR 

part 573, Defect and Noncompliance 

Responsibility and Reports dated July 

26, 2010. 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) (see implementing rule 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. 

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 exercise of 

judgment concerning the merits of the 

petition. 

Affected are approximately 1,113 

model year 2011 Buick Regal passenger 

cars manufactured between January 20, 

2010, and May 18, 2010 at GM’s 

Ru ̈ sselsheim assembly plant. 


srobinson on DSKHWCL6B1PROD with NOTICES
70964 Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Notices 

2 GM’s petition, which was filed under 49 CFR 

part 556, requests an agency decision to exempt GM 

as a manufacturer from the notification and recall 

responsibilities of 49 CFR part 573 for 1,113 of the 

affected vehicles. However, the agency cannot 

relieve GM distributors 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 

recognized that the subject noncompliance existed. 

The National Highway Traffic Safety 

Administration (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, 

these provisions only apply to the 

1,113 2 vehicles that have already 

passed from the manufacturer to an 

owner, purchaser, or dealer. 

Paragraph S4.3 of FMVSS No. 110 

requires in pertinent part: 

S4.3 Placard. Each vehicle, except for a 

trailer or incomplete vehicle, shall show the 

information specified in S4.3 (a) through (g), 

and may show, at the manufacturer’s option, 

the information specified in S4.3 (h) and (i), 

on a placard permanently affixed to the 

driver’s side B-pillar. In each vehicle without 

a driver’s side B-pillar and with two doors on 

the driver’s side of the vehicle opening in 

opposite directions, the placard shall be 

affixed on the forward edge of the rear side 

door. If the above locations do not permit the 

affixing of a placard that is legible, visible 

and prominent, the placard shall be 

permanently affixed to the rear edge of the 

driver’s side door. If this location does not 

permit the affixing of a placard that is legible, 

visible and prominent, the placard shall be 

affixed to the inward facing surface of the 

vehicle next to the driver’s seating position. 

This information shall be in the English 

language and conform in color and format, 

not including the border surrounding the 

entire placard, as shown in the example set 

forth in Figure 1 in this standard. At the 

manufacturer’s option, the information 

specified in S4.3 (c), (d), and, as appropriate, 

(h) and (i) may be shown, alternatively to 

being shown on the placard, on a tire 

inflation pressure label which must conform 

in color and format, not including the border 

surrounding the entire label, as shown in the 

example set forth in Figure 2 in this standard. 

The label shall be permanently affixed and 

proximate to the placard required by this 

paragraph. The information specified in S4.3 

(e) shall be shown on both the vehicle 

placard and on the tire inflation pressure 

label (if such a label is affixed to provide the 

information specified in S4.3 (c), (d), and, as 

appropriate, (h) and (i)) may be shown in the 

format and color scheme set forth in Figures 

1 and 2. * * * 

(d) Tire size designation, indicated by the 

headings ‘‘size’’ or ‘‘original tire size’’ or 

‘‘original size,’’ and ‘‘spare tire’’ or ‘‘spare,’’ for 

the tires installed at the time of the first 

purchase for purposes other than resale. For 

full size spare tires, the statement ‘‘see above’’ 

may, at the manufacturer’s option replace the 

tire size designation. If no spare tire is 

provided, the word ‘‘none’’ must replace the 

tire size designation; * * * 

GM explains that the noncompliance 

with FMVSS No. 110 is the omission of 

the letter ‘‘T’’ in the spare tire size 

printed on the tire and loading 

information labels that it affixed to the 

vehicles. Currently the tire size 

designation shows the spare tire size as 

‘‘125/80R16’’ instead of ‘‘T125/80R16.’’ 

GM reported that the noncompliance 

was brought to their attention in May of 

2010 by the Global Subsystem 

Leadership Team during an internal 

audit in the Ru ̈ sselsheim Assembly 

Plant. 

GM additionally stated that it believes 

that this noncompliance is 

inconsequential to motor vehicle safety 

for the following reasons: 

(1) All information for maintaining 

and/or replacing the front and rear tires, 

as well as the seating capacity and 

vehicle capacity weight are correct on 

tire and loading information labels on 

the subject vehicles. 

(2) The vehicles are equipped with 

spare tires that have the complete tire 

size (T125/80R16) molded their 

sidewalls. 

(3) When a customer needs to replace 

the spare tire, he/she will take the 

vehicle to a tire store. The tire store will 

know what compact spare tire is needed 

based on the information in their catalog 

or by looking at the spare tire provided 

with the vehicle. In the case, they were 

to refer to the tire and loading 

information label, it will show the spare 

tire size 125/80R16 without the letter T. 

The only tire available with the size 

designation of 125/80R16 is the compact 

spare tire T125/80R16, and should not 

cause any confusion or error. 

(4) Risk to the public is negligible 

because the vehicles are equipped with 

the correct spare tire, and the tire and 

loading information label does have the 

correct inflation pressure for the 

compact spare tire. 

(5) GM is not aware of any incidents 

or injuries related to the subject 

condition. 

GM has additionally informed 

NHTSA that it has corrected the 

noncompliance so that all future 

production vehicles will have compliant 

labels. 

In summation, GM believes that the 

described noncompliance of its vehicles 

to meet the requirements of FMVSS No. 

110 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, and 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. 

Interested persons are invited to 

submit written data, views, and 

arguments on this petition. Comments 

must refer to the docket and notice 

number cited at the beginning of this 

notice and be submitted by any of the 

following methods: 

a. By mail addressed to: U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

b. By hand delivery to U.S. 

Department of 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 Federal Holidays. 

c. Electronically: By logging onto the 

Federal Docket Management System 

(FDMS) Web site at 

http://www.regulations.gov/. Follow the 

online instructions for submitting 

comments. Comments may also be faxed 

to 1–202–493–2251. 

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 your comments were 

received, please enclose a stamped, selfaddressed postcard with the comments. 

Note that all comments received will be 

posted without change to 

http://www.regulations.gov, including 

any personal information provided. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Notices 70965 

You may view documents submitted 

to a docket at the address and times 

given above. You may also view the 

documents on the Internet at 

http://www.regulations.gov by following 

the online instructions for accessing the 

dockets available at that Web site. 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

Comment closing date: December 20, 

2010 

Authority: 49 U.S.C. 30118, 30120: 

Delegations of authority at CFR 1.50 and 

501.8. 

Issued on: November 15, 2010. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2010–29168 Filed 11–18–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2010–51] 

Petition for Exemption; Summary of 

Petition Received 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of 14 CFR. 

The purpose of this notice is to improve 

the public’s awareness of, and 

participation in, this aspect of FAA’s 

regulatory activities. Neither publication 

of this notice nor the inclusion or 

omission of information in the summary 

is intended to affect the legal status of 

the petition or its final disposition. 

DATES: Comments on this petition must 

identify the petition docket number 

involved and must be received on or 

before November 29, 2010. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2010–1012 using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Send comments to the Docket 

Management Facility; U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to the Docket 

Management Facility at 202–493–2251. 

• Hand Delivery: Bring comments to 

the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Privacy: We will post all comments 

we receive, without change, to 

http://www.regulations.gov, including 

any personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Keira Jones (202) 267–4025, Tyneka 

Thomas (202) 267–7626 or David 

Staples (202) 267–4058, Office of 

Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591. 

This notice is published pursuant to 14 

CFR 11.85. 

Issued in Washington, DC, on November 

15, 2010. 

Dennis Pratte, 

Acting Deputy Director, Office of Rulemaking. 

Petition For Exemption 

Docket No.: FAA–2010–1012. 

Petitioner: Seaborne Airlines. 

Section of 14 CFR Affected: 

14 CFR 121.305(j) 

Description of Relief Sought: Seaborne 

Airlines is requesting relief from the 

requirement to install a third gyroscopic 

bank and pitch indicator in its DHC–6– 

300 aircraft. 

[FR Doc. 2010–29195 Filed 11–18–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2010–53] 

Petition for Exemption; Summary of 

Petition Received 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of 14 CFR. 

The purpose of this notice is to improve 

the public’s awareness of, and 

participation in, this aspect of FAA’s 

regulatory activities. Neither publication 

of this notice nor the inclusion or 

omission of information in the summary 

is intended to affect the legal status of 

the petition or its final disposition. 

DATES: Comments on this petition must 

identify the petition docket number 

involved and must be received on or 

before November 29, 2010. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2010–0947 and FAA–2010–0970 using 

any of the following methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Send comments to the Docket 

Management Facility; U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to the Docket 

Management Facility at 202–493–2251. 

• Hand Delivery: Bring comments to 

the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Privacy: We will post all comments 

we receive, without change, to 

http://www.regulations.gov, including 

any personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Docket: To read background 

documents or comments received, go to 


srobinson on DSKHWCL6B1PROD with NOTICES