[Federal Register: December 7, 1999 (Volume 64, Number 234)] [Notices] [Page 68409-68410] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr07de99-115] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-99-6034; Notice 2] General Motors Corporation; Grant 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. Notice of receipt of the application was published, with a 30-day comment period, on August 6, 1999, in the Federal Register (64 FR 43011). NHTSA received no comments on this application during the 30- day comment period. 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. 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. GM has notified us 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. These deviations are illustrated below. GM explained that an out-of-date version of FMVSS No. 303, which did not contain specific requirements, was used by the supplier that prepared the label and owner's manual supplement.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. The required words and actual words used by GM are shown as follows: ---------------------------------------------------------------------------------------------------------------- FMVSS paragraph Required Label Wording '98 CNG Cavalier label wording ---------------------------------------------------------------------------------------------------------------- S5.3....................... SERVICE PRESSURE 24820 kPa (3600 psig)... 3600 PSI SYSTEM OPERATING PRESSURE. S5.3....................... SEE INSTRUCTIONS ON FUEL CONTAINER FOR SEE CNG OWNERS MANUAL SUPPLEMENT FOR INSPECTION AND SERVICE LIFE. FUEL TANK SERVICE LIFE. ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- FMVSS paragraph Required owner's manual wording '98 CNG Cavalier owner's manual wording ---------------------------------------------------------------------------------------------------------------- S5.4....................... SERVICE PRESSURE 24820 kPa (3600 psig)... This system operates at pressures up to 3600 PSI (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 FUEL CONTAINER FOR THE CNG FUEL TANK HAS A SERVICE LIFE OF INSPECTION AND SERVICE LIFE. 15 YEARS. ---------------------------------------------------------------------------------------------------------------- GM supported its application with the following arguments: 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 [[Page 68410]] remedy and recall provisions of the Motor Vehicle Safety Act in this case. We have reviewed GM's arguments. The primary safety purpose of labeling requirements in FMVSS No. 303 is to ensure that the vehicle owner is aware (1) of the service pressure during refueling operations and (2) that the CNG fuel container has a recommended inspection period and a service life. NHTSA concludes that the labels and owner's manual supplement information provided with these vehicles are consistent with the rationale and intent of the labeling requirements in FMVSS No. 303, even though the exact words required by the standard are not used. In consideration of the foregoing, NHTSA has decided that the applicant has met its burden of persuasion that the noncompliance described above is inconsequential to motor vehicle 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, 30120, with delegations of authority at 49 CFR 1.50 and 501.8). Issued on: December 1, 1999. Stephen R. Kratzke, Acting Associate Administrator for Safety Performance Standards. [FR Doc. 99-31618 Filed 12-6-99; 8:45 am] BILLING CODE 4910-59-P