[Federal Register: November 24, 2003 (Volume 68, Number 226)]
[Notices]
[Page 65992]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no03-145]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA 2003-15154; Notice 2]
General Motors North America, Grant of Application for a Decision
of inconsequential Noncompliance
General Motors North America (GM), has determined that
approximately 251,000 model year 2003 Silverado/Sierra pickup trucks,
Tahoe/Suburban/Escalade sport utility vehicles, and Savanna/Express
vans do not comply with either paragraph S5.3.3(a) of Federal Motor
Vehicle Safety Standard (FMVSS) No. 105, or paragraph S5.5.3 of FMVSS
No. 135. The Silverado/Sierra pickup trucks and the Savanna/ Express
vans are required to comply with FMVSS No. 105, while the Tahoe/
Escalade/Suburban sport utility vehicles are required to comply with
FMVSS No. 135, based on gross vehicle weight ratings (GVWR).
Pursuant to 49 U.S.C. 30118(d) and 30120(h), GM has applied for a
determination that the noncompliance is inconsequential to motor
vehicle safety and has filed an appropriate report pursuant to 49 CFR
Part 573, ``Defect and Noncompliance Reports.'' Notice of receipt of
GM's application was published in the Federal Register on June 5, 2003
with a 30-day comment period (68 FR 33758). NHTSA received no comments
on this application.
Specifically, the red ``Brake'' telltale, if illuminated, will be
extinguished for the duration of an Antilock Brake System (ABS)
activation event that involves the front wheels. Stated briefly, the
``Brake'' telltale will not be illuminated while ABS is modulating the
front brakes. Both FMVSS Nos. 105 and 135 require that the ``Brake''
telltale, once activated, remain illuminated until the problem that
activated the telltale is resolved.
The brake system malfunctions that can cause illumination of
``Brake'' telltale can result in brake system failure, therefore, it is
important that the ``Brake'' telltale be visible to the driver whenever
it is activated. A potential danger of this noncompliance is that the
``Brake'' telltale may be activated while the ABS is modulating the
front brakes, which would momentarily prevent the illumination of the
telltale. Also, if the telltale is extinguished for any length of time,
the driver may believe the brake system problem has been corrected.
GM considers the momentary extinguishing of the ``BRAKE'' telltale
while ABS is cycling to be inconsequential to motor vehicle safety.
According to GM, malfunctions of the foundation brake system that
results in ``Brake'' telltale illumination are rare events and the
combination of ``Brake'' telltale illumination with a simultaneous ABS
activation is extremely unlikely.
The owner's manual of the noncompliant vehicles includes the
following text regarding the ``BRAKE'' telltale:
``If the light comes on while you are driving, pull off the road
and stop carefully. You may notice that the pedal is harder to push.
Or, the pedal may go closer to the floor. It may take longer to
stop. If the light is still on, have the vehicle towed for service.
CAUTION: Your brake system may not be working properly if the brake
system warning light is on. Driving with the brake system warning
light on can lead to an accident. If the light is still on after
you've pulled off the road and stopped carefully, have the vehicle
towed for service.''
According to GM, the instructions and caution are intended to
prompt drivers to take immediate corrective action when the ``BRAKE''
telltale is illuminated, which would minimize the likelihood that the
vehicle would experience ABS cycling subsequent to initial illumination
of the telltale.
GM further supported the position that the noncompliance is
inconsequential to motor vehicle safety by pointing out that S5.3.4 of
FMVSS 105 allows the subject ``BRAKE'' telltale to be ``steady burning
or flashing.'' The corresponding language in S5.5.4 of FMVSS 135 is
``continuous or flashing''. This explicit regulatory allowance for
flashing demonstrates that momentary absence of telltale illumination
is not per se a safety issue.
According to GM, the ``Brake'' and ``ABS'' telltales on the subject
vehicles otherwise comply with all applicable provisions of paragraph
S5.3 of FMVSS 105 and paragraph S5.5 of FMVSS 135 and GM is not aware
of any crashes, injuries, owner complaints or field reports related to
this condition.
The agency has reviewed paragraph S5.3 of FMVSS No. 105 and
paragraph S5.5 of FMVSS No. 135, and concurs with the GM's decision
that the extinguishment of the ``Brake'' telltale during an activation
of the ABS would constitute a noncompliance with both standards. We do
not have data to define the frequency of brake system malfunctions that
activate the ``Brake'' telltale. Nevertheless, we believe that except
in rare instances where fluid lost during a brake application would
cause the ``Brake'' telltale to illuminate, the telltale would already
be illuminated prior to the driver making a stop that engaged the ABS.
The color red of the ``Brake'' telltale is one that requires immediate
attention and is consistent with the red lamp in a traffic signal that
directs the driver to stop.
In consideration of the foregoing, NHTSA has decided that the
petitioner has met its burden of persuasion that the noncompliance is
inconsequential to motor vehicle safety.
Accordingly, the application is granted and the applicant is
exempted from providing the notification and remedy requirements of 49
U.S.C. 30118 and 49 U.S.C. 30120, respectively. (49 U.S.C. 301118,
301120; delegations of authority at 49 CFR 1.50 and 501.8)
Issued on: November 18, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-29201 Filed 11-21-03; 8:45 am]
BILLING CODE 4910-59-P