Chrysler, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 32076-32077 [E8-12548]

Download as PDF 32076 Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices agencies involved in emergency medical services. The agenda will include: • Consideration of the FICEMS Technical Working Group report and recommendations • Evidence-based Practice Guidelines Process Conference • Report to Congress discussion • Briefing on and discussion of the National EMS Information System (NEMSIS) • Reports, updates, recommendations from FICEMS members • Report from the National EMS Advisory Council This meeting will be open to the public. Individuals wishing to register must provide their name, affiliation, phone number, and e-mail address to Drew Dawson by e-mail at Drew.Dawson@dot.gov or by telephone at (202) 366–9966 no later than June 18, 2008. Pre-registration is necessary to comply with security procedures. Picture I.D. must also be provided to enter the DHS Building and it is suggested that visitors arrive 45 minutes early in order to facilitate entry. Minutes of the FICEMS Meeting will be available to the public online through the DOT Document Management System (DMS) at: http://www.regulations.gov under the docket number listed at the beginning of this notice. Issued on: June 2, 2008. Jeffrey P. Michael, Acting Associate Administrator for Research & Program Development. [FR Doc. E8–12607 Filed 6–4–08; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2008–0103; Notice 1] yshivers on PROD1PC62 with NOTICES Chrysler, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance Chrysler, LLC (Chrysler) has determined that certain vehicles that it manufactured during the period of March 14, 2006 through March 20, 2008, do not fully comply with paragraph S4.3 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). Chrysler has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 VerDate Aug<31>2005 14:51 Jun 04, 2008 Jkt 214001 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. This notice of receipt of Chrysler’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 1,886 model year 2007–2008 Jeep Wrangler right-hand drive (RHD) multipurpose passenger vehicles (MPV). Paragraphs S4.3 of 49 CFR 571.110 requires in pertinent part that: 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. Chrysler stated that the noncompliance is that the required placard was installed on the passenger’s side (left side) door on each of the subject RHD vehicles, not on the driver’s side (right side) door or B-pillar as required by FMVSS No. 110. Chrysler explains that the subject vehicles were sold primarily for use by rural postal carriers, since RHD makes it easier for the carriers to access PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 mailboxes located along the right side of the roadway. The relevant portion of S4.3 of FMVSS No. 110, entitled ‘‘Placard,’’ provides as follows: ‘‘Each vehicle, except for a trailer or incomplete vehicle, shall show the information specified in S4.3(a) through (g) * * * on a placard permanently affixed to the driver’s side B-pillar. In each vehicle without a driver’s side Bpillar 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.’’ Chrysler further explained that the subject vehicles have placards that contain all of the tire and vehicle loading information required by the various subsections of S4.3. However, because of an inadvertent failure of the assembly plant work instructions to differentiate between RHD and left hand drive (LHD) vehicles in this respect, the placards were inadvertently affixed to the rear edge of the door on the left (passenger) side of the subject vehicles, as opposed to the driver’s side door. (Chrysler notes that the subject vehicles do not have a B-pillar with a flat surface that would permit the affixing of a placard that is ‘‘legible, visible, and prominent.’’) Chrysler states its belief that the fact that the placard required by paragraph S4.3 of the standard was affixed to the left hand door of these RHD vehicles— as opposed to the driver’s side door— creates absolutely no risk to motor vehicle safety. All of the relevant tire and loading information is set forth on the placard, and therefore it is readily available to vehicle operators. Moreover, the placard is located at the place where United States drivers are used to looking for it. Chrysler also states its belief that the operators of the subject vehicles will have almost certainly owned and driven conventional LHD vehicles, so they will have had experience in locating the tire and load information on the left side of their vehicles. And in the extremely unlikely event that an owner has difficulty locating the placard, the owner’s manual provided with the subject vehicles shows the location of the placard on the left side door. Chrysler also makes reference to several previous NHTSA inconsequential noncompliance decisions that in its opinion are similar to the instant one. Chrysler also notes that it has not received any consumer complaints E:\FR\FM\05JNN1.SGM 05JNN1 yshivers on PROD1PC62 with NOTICES Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices regarding an inability to locate the placard or an unawareness of the relevant tire and loading information. In addition, Chrysler states that it has corrected the problem that caused these errors so that they will not be repeated in future production and that it believes that because the noncompliance is inconsequential to motor vehicle safety that no corrective action is warranted. 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) website at http:// www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to 1–202– 493–2251. 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. Please note that we are allowing just 10 days for comment in order to expedite resolution of this matter. 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: June 16, 2008. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. VerDate Aug<31>2005 14:51 Jun 04, 2008 Jkt 214001 Issued on: May 29, 2008. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E8–12548 Filed 6–4–08; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket ID PHMSA–RSPA–2004–19854] Pipeline Safety: Installation of Excess Flow Valves into Gas Service Lines Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice; Issuance of Advisory Bulletin. AGENCY: SUMMARY: This document advises operators of gas distribution pipeline systems of a statutory requirement for installation of excess flow valves in certain gas service lines. FOR FURTHER INFORMATION CONTACT: Mike Israni by phone at (202) 366–4571 or by e-mail at mike.israni@dot.gov. SUPPLEMENTARY INFORMATION: I. Background The Pipeline Inspection, Protection, Enforcement, and Safety (PIPES) Act of 2006 (Pub. L. 109–468) addresses the installation of excess flow valves (EFV) in certain gas service lines. An EFV is a safety device that can terminate flow of gas through a pipeline when the flow rate exceeds its design level, such as when the pipe ruptures or is broken (e.g., by excavation damage) downstream of the valve. A service line is a small-diameter pipeline that carries gas from a distribution main (often located below city streets) to individual residences and businesses where gas is used. Thus, EFVs can protect individual gas customer properties from the consequences of a break in the service line associated with their property. Section 9 of the PIPES Act directs PHMSA to require operators of natural gas distribution systems to install EFVs in selected service lines that are installed or entirely replaced after June 1, 2008. The requirement applies to those service lines that operate continuously throughout the year at a pressure not less than 10 pounds per square inch (psi), that are not connected to a gas stream with respect to which the operator has had prior experience of contaminants that could interfere with operation of an EFV, where the installation of an EFV is not likely to result in a loss of service or interference with required maintenance actions, and PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 32077 where a valve of appropriate size and performance is commercially available. The PIPES Act directs PHMSA to include this requirement in a regulation requiring that distribution pipeline system operators establish integrity management programs. PHMSA is still working on its proposed regulation addressing distribution integrity management programs (DIMP). That regulation is complex and has taken longer than anticipated to develop. As a result, the regulation will not be in place before the June 1, 2008, deadline specified in the Act for installation of EFVs on the affected service lines. Nevertheless, gas distribution pipeline operators should be aware of the statutory requirement and are encouraged to install EFVs on service lines that are newly installed or completely replaced after June 1, 2008, and that meet the criteria specified in the PIPES Act. II. Advisory Bulletin (ADB–08–04) To: Operators of Gas Distribution Pipelines. Subject: Installation of Excess Flow Valves into Gas Service Lines. Purpose: To advise gas distribution pipeline operators of a statutory requirement to install excess flow valves in selected gas service lines. Advisory: The Pipeline Inspection, Protection, Enforcement, and Safety (PIPES) Act of 2006 (Pub. L. 109–468) mandates that PHMSA require operators of natural gas distribution systems to install excess flow valves (EFV) on certain gas service lines. The statute directs that installation of EFVs will be required on single family residence service lines: • That are installed or entirely replaced after June 1, 2008; • That operate continuously throughout the year at a pressure not less than 10 psi gauge; • That are not connected to a gas stream with respect to which the operator has had prior experience with contaminants the presence of which could interfere with the operation of an EFV, and • For which an excess flow valve meeting the performance standards of 49 CFR 192.381 is commercially available. The PIPES Act directs the Pipeline and Hazardous Materials Safety Administration (PHMSA) to include this requirement in a regulation addressing distribution integrity management programs (DIMP). PHMSA is working on its DIMP regulation and expects a proposed rule to be published shortly. PHMSA intends to analyze public comments and prepare a final rule in an E:\FR\FM\05JNN1.SGM 05JNN1

Agencies

[Federal Register Volume 73, Number 109 (Thursday, June 5, 2008)]
[Notices]
[Pages 32076-32077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12548]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0103; Notice 1]


Chrysler, LLC, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Chrysler, LLC (Chrysler) has determined that certain vehicles that 
it manufactured during the period of March 14, 2006 through March 20, 
2008, do not fully comply with paragraph S4.3 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). Chrysler has filed an appropriate report pursuant to 
49 CFR Part 573, Defect and Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
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.
    This notice of receipt of Chrysler'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 1,886 model year 2007-2008 Jeep Wrangler 
right-hand drive (RHD) multipurpose passenger vehicles (MPV).
    Paragraphs S4.3 of 49 CFR 571.110 requires in pertinent part that:

    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.

    Chrysler stated that the noncompliance is that the required placard 
was installed on the passenger's side (left side) door on each of the 
subject RHD vehicles, not on the driver's side (right side) door or B-
pillar as required by FMVSS No. 110.
    Chrysler explains that the subject vehicles were sold primarily for 
use by rural postal carriers, since RHD makes it easier for the 
carriers to access mailboxes located along the right side of the 
roadway. The relevant portion of S4.3 of FMVSS No. 110, entitled 
``Placard,'' provides as follows: ``Each vehicle, except for a trailer 
or incomplete vehicle, shall show the information specified in S4.3(a) 
through (g) * * * 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.''
    Chrysler further explained that the subject vehicles have placards 
that contain all of the tire and vehicle loading information required 
by the various subsections of S4.3. However, because of an inadvertent 
failure of the assembly plant work instructions to differentiate 
between RHD and left hand drive (LHD) vehicles in this respect, the 
placards were inadvertently affixed to the rear edge of the door on the 
left (passenger) side of the subject vehicles, as opposed to the 
driver's side door. (Chrysler notes that the subject vehicles do not 
have a B-pillar with a flat surface that would permit the affixing of a 
placard that is ``legible, visible, and prominent.'')
    Chrysler states its belief that the fact that the placard required 
by paragraph S4.3 of the standard was affixed to the left hand door of 
these RHD vehicles--as opposed to the driver's side door--creates 
absolutely no risk to motor vehicle safety. All of the relevant tire 
and loading information is set forth on the placard, and therefore it 
is readily available to vehicle operators. Moreover, the placard is 
located at the place where United States drivers are used to looking 
for it.
    Chrysler also states its belief that the operators of the subject 
vehicles will have almost certainly owned and driven conventional LHD 
vehicles, so they will have had experience in locating the tire and 
load information on the left side of their vehicles. And in the 
extremely unlikely event that an owner has difficulty locating the 
placard, the owner's manual provided with the subject vehicles shows 
the location of the placard on the left side door.
    Chrysler also makes reference to several previous NHTSA 
inconsequential noncompliance decisions that in its opinion are similar 
to the instant one.
    Chrysler also notes that it has not received any consumer 
complaints

[[Page 32077]]

regarding an inability to locate the placard or an unawareness of the 
relevant tire and loading information.
    In addition, Chrysler states that it has corrected the problem that 
caused these errors so that they will not be repeated in future 
production and that it believes that because the noncompliance is 
inconsequential to motor vehicle safety that no corrective action is 
warranted.
    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) website at http://www.regulations.gov/. Follow the online 
instructions for submitting comments. Comments may also be faxed to 1-
202-493-2251.
    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. Please note that we are allowing just 
10 days for comment in order to expedite resolution of this matter. 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: June 16, 2008.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: May 29, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-12548 Filed 6-4-08; 8:45 am]
BILLING CODE 4910-59-P