Chrysler Group, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 30607-30609 [2016-11593]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 81, Number 95 (Tuesday, May 17, 2016)]
[Notices]
[Pages 30607-30609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11593]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0076; Notice 2]


Chrysler Group, LLC, Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: Chrysler Group, LLC (Chrysler), a wholly owned subsidiary of 
Fiat S.p.A., has determined that certain model year (MY) 2014 RAM 2500 
and RAM 3500 trucks do not fully comply with paragraph S4.3 of Federal 
Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims 
and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity 
Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 
pounds) or less, or do not fully comply with paragraph S5.3 of FMVSS 
No. 120, Tire Selection and Rims and Motor Home/Recreation Vehicle 
Trailer Load Carrying Capacity Information for Motor Vehicles with a 
GVWR of more than 4,536 kilograms (10,000 pounds). Chrysler filed a 
report dated May 6, 2014, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports and amended that report on 
June 10, 2014. Chrysler then petitioned NHTSA under 49 CFR part 556 
requesting a decision that the subject noncompliance is inconsequential 
to motor vehicle safety.

ADDRESSES: For further information on this decision contact Stuart 
Seigel, Office of Vehicle Safety Compliance, National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5287, facsimile 
(202) 366-5930.

SUPPLEMENTARY INFORMATION: 

[[Page 30608]]

    I. Chrysler's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
and the rule implementing those provisions at 49 CFR part 556, Chrysler 
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.
    Notice of receipt of Chrysler's petition was published, with a 30-
Day public comment period, on August 25, 2014 in the Federal Register 
(79 FR 50735). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: https://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2014-0076.''
    II. Vehicles Involved: The affected vehicles include approximately 
198 MY 2014 RAM 2500 trucks and 87 MY 2014 RAM 3500 trucks that were 
produced from March 4, 2014 through March 6, 2014.
    III. Noncompliances: Chrysler explains that due to the absence of 
the designated rim size and type on the certification labels required 
by 49 CFR part 567, the subject vehicles do not fully comply with 
either paragraph S4.3 of FMVSS No. 110, or paragraph S5.3 of FMVSS No. 
120.
    IV. Rule Text: Paragraph S4.3 of FMVSS No. 110 requires in 
pertinent part:

. . . S4.3.3 Additional labeling information for vehicles other than 
passenger cars. Each vehicle shall show the size designation and, if 
applicable, the type designation of rims (not necessarily those on 
the vehicle) appropriate for the tire appropriate for use on that 
vehicle, including the tire installed as original equipment on the 
vehicle by the vehicle manufacturer, after each GAWR listed on the 
certification label required by Sec.  567.4 or Sec.  567.5 of this 
chapter. This information shall be in the English language, lettered 
in block capitals and numerals not less than 2.4 millimeters high 
and in the following format: . . .
    Paragraph S5.3 of FMVSS No. 120 requires in pertinent part:
    S5.3 Each vehicle shall show the information specified in S5.3.1 
and S5.3.2 and, in the case of a vehicle equipped with a non-
pneumatic spare tire, the information specified in S5.3.3, in the 
English language, lettered in block capitals and numerals not less 
than 2.4 millimeters high and in the format set forth following this 
paragraph. This information shall appear either--
    (a) After each GAWR listed on the certification label required 
by Sec.  567.4 or Sec.  567.5 of this chapter; or at the option of 
the manufacturer,
    (b) On the tire information label affixed to the vehicle in the 
manner, location, and form described in Sec.  567.4(b) through (f) 
of this chapter as appropriate of each GVWR=GAWR combination listed 
on the certification label.
    S5.3.1 Tires. The size designation (not necessarily for the 
tires on the vehicle) and the recommended cold inflation pressure 
for those tires such that the sum of the load ratings of the tires 
on each axle (when the tires' load carrying capacity at the 
specified pressure is reduced by dividing by 1.10, in the case of a 
tire subject to FMVSS No. 109) is appropriate for the GAWR as 
calculated in accordance with S5.1.2.
    S5.3.2. Rims. The size designation and, if applicable, the type 
designation of Rims (not necessarily those on the vehicle) 
appropriate for those tires. . . .

    V. Summary of Chrysler's Analyses: Chrysler stated its belief that 
the subject noncompliance for the absence of the rim marking on the 
certification label is inconsequential to motor vehicle safety for the 
following reasons:
    1. Tire size and pressure information is located on the Tire 
Inflation Pressure label which is located in the same door opening as 
the certification label.
    a. Certification label is located on the driver door.
    b. Tire placard is located on the forward edge of the driver's B-
pillar.
    2. Tire size and inflation pressure can be found on each tire.
    3. Tire and rim information can be found in the vehicle owner's 
manual.
    4. Rim/wheel size can be derived using the tire information printed 
on the Tire Inflation Pressure label or the tire sidewall information.
    5. Chrysler mentioned that in a previous similar petition the 
agency stated, ``that this noncompliance will not have an adverse 
effect on vehicle safety. Since rim size and type information are 
marked on the wheels of the vehicles, and the rim diameter can be 
determined from the tire size on the placard attached to some of the 
vehicles, the information needed to ensure that the vehicles are 
equipped with the proper rims and compatible tires is readily available 
to potential users.''
    6. Chrysler is not aware of any warranty claims, field reports, 
customer complaints, legal claims or any incidents or injuries related 
to the subject condition.
    7. Chrysler also stated its belief that NHTSA has previously 
granted petition similar in nature.
    With respect to the incorrect statement used to indicate that 
vehicles conforms to all applicable Federal Standards Chrysler states 
that the purpose of the statement is to communicate to a reader that a 
vehicle is both certified and meets applicable safety standards. The 
vehicles in question meet and/or exceed all applicable FMVSS required 
for sale in the United States.
    Chrysler has additionally informed NHTSA that it has corrected the 
noncompliances so that all future production of these vehicles will 
fully comply with FMVSS Nos. 110 and 120.
    In summation, Chrysler believes that the described noncompliances 
of the subject vehicles are 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 should be granted.

NHTSA Decision

    NHTSA Analysis: NHTSA has reviewed Chrysler's petition requesting a 
decision that the subject noncompliances are inconsequential to motor 
vehicle safety and has decided to moot the petition in part and grant 
it in part based on the following analysis.
    Chrysler noted that the certification label attached to the subject 
vehicles, required by 49 CFR part 567, does not include the correct 
required statement of certification. The use of the incorrect 
certification statement on the certification labels is considered a 
violation of 49 U.S.C. 30115, Certification and the implementing rule 
at 49 CFR part 567, and not a noncompliance with a Federal Motor 
Vehicle Safety Standard that would require notification and remedy 
under of 49 U.S.C. chapter 301. Therefore, this portion of the subject 
petition, as filed under 49 CFR part 556, is moot.
    Second, the affected vehicles (approximately 285 RAM 2500 and 3500 
trucks) must comply with either FMVSS No. 110 or FMVSS No. 120 
depending on the GVWR. The vehicles with a GVWR of 10,000 pounds or 
less do not comply with paragraph S4.3.3 of FMVSS No. 110 which 
requires that the rim size designation appear on the certification 
label for vehicles other than passenger cars. Likewise, the vehicles 
with a GVWR greater than 10,000 pounds, do not comply with paragraph 
S5.3 of FMVSS No. 120 which requires that the rim size designation 
appear on the certification label or at the manufacture's option on a 
separate tire information label.
    For all affected vehicles, the rim size information can be found in 
the vehicle's owner's manual or on the rim itself, and the tire size 
information is available from multiple sources including the owner's 
manual, the sidewalls of the tires on the vehicle and on the tire 
placard or information label located on the door or door opening. The 
rim size can be derived using this tire information. In addition, 
according

[[Page 30609]]

to Paragraph S4.4.2(b) of FMVSS No. 110 and paragraph S5.2(b) of FMVSS 
No. 120, the rim size designation must be marked on the rims to allow 
for the direct determination of the proper rim size for the vehicle.
    NHTSA considers both the Ram 2500 and 3500 trucks to be light duty 
work trucks that are primarily used by operators experienced with and 
knowledgeable of their vehicles. It is highly likely that these 
individuals will readily be able to determine the correct rim sizing if 
necessary.
    Therefore, although the rim size was omitted from the certification 
labels, the information needed to ensure that the vehicles are equipped 
with the proper rims and compatible tires is readily available to 
potential users.
    NHTSA Decision: In consideration of the foregoing, NHTSA finds that 
Chrysler has met its burden of persuasion that the FMVSS No. 110 and 
FMVSS No. 120 noncompliances are inconsequential to motor vehicle 
safety.
    Accordingly, Chrysler's petition is hereby moot in part and granted 
in part and Chrysler is exempted from the obligation of providing 
notification of, and a free remedy for, that noncompliance under 49 
U.S.C. 30118 and 30120.
    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, any decision on 
this petition only applies to the subject vehicles that Chrysler no 
longer controlled at the time it determined that the noncompliance 
existed. However, the granting of this petition does not relieve 
Chrysler distributors and dealers 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 Chrysler notified them that the subject noncompliance existed.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-11593 Filed 5-16-16; 8:45 am]
 BILLING CODE 4910-59-P