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Fingers point to dragged-out NHTSA investigation after second death by ARC airbag inflator

Safety advocates have increased criticism of the federal government's National Highway Traffic Safety Administration after an exploding airbag inflator that's been under investigation for more than six years killed a second person.  On Wednesday, NHTSA posted recall documents filed by General Motors that revealed the second death, the driver of a 2015 Chevrolet Traverse SUV with an inflator made by Tennessee company ARC blew apart, spewing shrapnel. No details were given about where and when the death occurred. NHTSA has said that ARC Automotive of Knoxville has manufactured about 8 million inflators used nationwide in vehicles made by General Motors, Fiat Chrysler (now Stellantis), Kia and Hyundai. “NHTSA should have been all over this along time ago,” said Rosemary Shahan, president of California-based Consumers for Auto Reliability and Safety. “There's just no denying that itÂ’s a (safety) defect.” NHTSA, the agency charged with with keeping America's automobiles and roads safe, began investigating ARC inflators in July of 2015 after two people were injured by flying shrapnel. The investigation became more urgent in 2016, when a Canadian woman driving an older Hyundai Elantra was killed by metal airbag fragments. Public records show only a little progress on the probe. In April, the agency posted a memo in saying it was reviewing volumes of information it received from ARC. Safety advocates such as Shahan say that the dragged-out investigation is an example of the deadly consequences that can result from an understaffed and underfunded agency. The second death should not have happened, Shahan said, and vehicles with faulty ARC inflators should have been recalled faster. The agency, Shahan said, is “grossly underfunded," but it still should have sought recalls of the ARC inflators. She said historically NHTSA has taken little action during Republican administrations but has ramped up safety efforts when Democrats control the White House. Messages were left Wednesday by the Associated Press seeking comment from NHTSA and ARC. At this time, relatively few vehicles are effected. The GM recall covers only 550 Chevy Traverse SUVs from the 2013 through 2017 model years, as well as Buick Enclave SUVs from 2008 through 2017. The automaker said in a statement that the faulty front driver's airbag inflators were either installed at the factory or in replacement airbag modules.

Fernando Alonso fails to qualify as Pagenaud takes Indy pole

Former Formula One world champion Fernando Alonso narrowly failed to qualify for the Indianapolis 500 on Sunday as France's Simon Pagenaud took pole position for the May 26 race. Kyle Kaiser beat out Alonso for the final spot in the 33-car field when he finished third, one spot ahead of the Spaniard, in a six-car shootout that determined the Indy 500's last row. The 23-year-old Kaiser, the last driver to take the track, averaged 227.372 mph for his four laps, a mere 0.019 mph ahead of Alonso's 227.353 mph average in the McLaren-prepared Chevrolet. "We never surrendered. We kept trying," Alonso, 37, told reporters after a tough week at the famed speedway. The Spaniard crashed his Chevrolet in practice on Wednesday and missed nearly two full days of practice while a back-up car was prepared. Then he tried five times on Saturday to qualify, puncturing a tire on the first attempt. Alonso had a completely new set up for Sunday's shootout but could not get the speed he needed to qualify. "I think the car felt better today than what we had yesterday. (So I am) happy with things we tried," he told reporters before learning he had not qualified. Pagenaud had a four-lap average speed of 229.992 mph to become the first Frenchman to take the pole since Rene Thomas in 1919. "It's just amazing," Pagenaud, who last week won the IndyCar Grand Prix on the track's road course, told NBC Sports. "Obviously last week was amazing, but this is even more special." He will be joined by Ed Carpenter (229.889) and Spencer Pigot (229.826) on the front row. But the Cinderella story belonged to Kaiser, the 33rd qualifier. "I don't think I can wrap my mind around what we just did," he said after bumping Alonso from the field. "This is all the credit to the team. They've been working non-stop trying to get this car ready for us and they did everything that we needed to get into this field." (Reporting by Gene Cherry in Raleigh, North Carolina; Editing by Ken Ferris)Related Video: Motorsports Chevrolet McLaren Racing Vehicles F1 IndyCar

GM isn't liable for punitive damages in ignition switch cases

NEW YORK — A federal appeals court said General Motors is not liable for punitive damages over accidents that occurred after its 2009 bankruptcy and involved vehicles it produced earlier, including vehicles with faulty ignition switches. The 2nd U.S. Circuit Court of Appeals in Manhattan said on Tuesday that the automaker did not agree to contractually assume liability for punitive damages as part of its federally-backed Chapter 11 reorganization. GM filed for bankruptcy in June 2009, and its best assets were transferred to a new Detroit-based company with the same name. The other assets and many liabilities stayed with "Old GM," which is also known as Motors Liquidation Co. Tuesday's 3-0 decision may help GM reduce its ultimate exposure in nationwide litigation over defective ignition switches in several Chevrolet, Pontiac and Saturn models. It is also a defeat for drivers involved in post-bankruptcy accidents, including those who collided with older GM vehicles driven by others, as well as their law firms. The ignition switch defect could cause engine stalls and keep airbags from deploying, and has been linked to 124 deaths. A lawyer for the drivers and their law firms did not immediately respond to requests for comment. GM had no comment. Circuit Judge Dennis Jacobs said GM's agreement to acquire assets "free and clear" of most liabilities excused it from punitive damages claims for Old GM's conduct. He also noted that the judge who oversaw the bankruptcy concluded that the new company could not be liable for claims that the "deeply insolvent" Old GM would never have paid. The decision upheld a May 2018 ruling by U.S. District Judge Jesse Furman in Manhattan, who oversees the ignition switch litigation. Drivers have sought a variety of damages in that litigation, including for declining resale values. GM has recalled more than 2.6 million vehicles since 2014 over ignition switch problems. It has also paid more than $2.6 billion in related penalties and settlements, including $900 million to settle a U.S. Department of Justice criminal case. The case is In re: Motors Liquidation Co, 2nd U.S. Circuit Court of Appeals, No. 18-1940. Government/Legal Chevrolet Pontiac Saturn Safety gm ignition switch