Chrysler Group, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 38443-38444 [2013-15278]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Notices for importation into and sale in the United States, certified under 49 U.S.C. 30115, and of the same model year as the model of the motor vehicle to be compared, and is capable of being readily altered to conform to all applicable FMVSS. Petitions for eligibility decisions may be submitted by either manufacturers or importers who have registered with NHTSA pursuant to 49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice in the Federal Register of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then publishes this decision in the Federal Register. J.K. Technologies, LLC. of Baltimore, Maryland (‘‘J.K.’’) (Registered Importer 90–006) has petitioned NHTSA to decide whether nonconforming 2005– 2006 Mercedes Benz SLR passenger cars manufactured before September 1, 2006 are eligible for importation into the United States. The vehicles which J.K. believes are substantially similar are 2005–2006 Mercedes Benz SLR passenger cars that were manufactured for sale in the United States and certified by their manufacturer as conforming to all applicable FMVSS. The petitioner claims that it compared non-U.S. certified 2005–2006 Mercedes Benz SLR passenger cars manufactured before September 1, 2006 to their U.S.certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS. J.K. submitted information with its petition intended to demonstrate that non-U.S. certified 2005–2006 Mercedes Benz SLR passenger cars manufactured before September 1, 2006, as originally manufactured, conform to many FMVSS in the same manner as their U.S. certified counterparts, or are capable of being readily altered to conform to those standards. Specifically, the petitioner claims that non-U.S. certified 2005– 2006 Mercedes Benz SLR passenger cars manufactured before September 1, 2006 are identical to their U.S. certified counterparts with respect to compliance with Standard Nos. 102 Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect, 103 Windshield Defrosting and Defogging Systems, 104 Windshield Wiping and Washing Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 110 Tire Selection and Rims, 113 Hood Latch System, 116 Motor Vehicle Brake Fluids, VerDate Mar<15>2010 20:26 Jun 25, 2013 Jkt 229001 124 Accelerator Control Systems, 135 Light Vehicle Brake Systems, 201 Occupant Protection in Interior Impact, 202 Head Restraints, 204 Steering Control Rearward Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention Components, 207 Seating Systems, 209 Seat belt Assemblies, 210 Seat Belt Assembly Anchorages, 212 Windshield Mounting, 214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, and 302 Flammability of Interior Materials. The petitioner also contends that the vehicles are capable of being readily altered to meet the following standards, in the manner indicated: Standard No. 101 Controls and Displays: Replacement of the instrument cluster with a U.S.-model component and reprogramming the vehicle computer to operate the necessary safety systems. Standard No. 108 Lamps, Reflective Devices, and Associated Equipment: Replacement of the headlamps, side marker lamps, tail lamps (which incorporate side marker lamps), and high mounted stop lamps with U.S.model components and installing the U.S.-model high-mounted stop lamp assembly. Standard No. 110 Tire Selection and Rims for Motor Vehicles With a GVWR of 4,536 kilograms (10,000 pounds) or Less: Installation of a tire information placard. Standard No. 111 Rearview Mirrors: Replacement of the passenger side rearview mirror with a U.S.-model component or inscription of the required warning statement on the face of that mirror. Standard No. 114 Theft Protection and Rollaway Prevention: Reprogramming the vehicle computer to activate the systems. Standard No. 118 Power-operated Window, Partition, And Roof Panel Systems: Reprogramming the vehicle computer to conform to the standard if the vehicle does not already conform. Standard No. 208 Occupant Crash Protection: Reprogramming the vehicle computer to activate the audible warning system. J.K. states that these vehicles are otherwise identical to the U.S.-market vehicles with respect to this standard. Standard No. 301 Fuel System Integrity: Installation of a U.S.-model evaporative system with rollover and check valve. Standard No. 401 Interior Trunk Release: Installation of U.S.-model interior trunk release components. The petitioner additionally states that a vehicle identification plate must be PO 00000 Frm 00159 Fmt 4703 Sfmt 4703 38443 affixed to the vehicle near the left windshield post to meet the requirements of 49 CFR Part 565. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above addresses both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the Federal Register pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8. Issued on: June 20, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–15280 Filed 6–25–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2011–0074; Notice 2] Chrysler Group, LLC, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Grant of Petition. AGENCY: Chrysler Group, LLC (Chrysler),1 has determined that certain model year (MY) 2011 Chrysler Town & Country and Dodge Grand Caravan multipurpose passenger vehicles (MPVs) manufactured between March 16, 2011 through March 22, 2011, do not fully comply with paragraph S4.3(d) 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. Chrysler has filed an appropriate report dated May 3, 2011, pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. 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 SUMMARY 1 Chrysler Group, LLC is a vehicle manufacturer incorporated under the laws of the state of Delaware. E:\FR\FM\26JNN1.SGM 26JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 38444 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Notices noncompliance is inconsequential to motor vehicle safety. Notice of receipt of the petition was published, with a 30day public comment period, on February 15, 2012 in the Federal Register (77 FR 8944). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http:// www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2011–0074’’. Contact Information: For further information on this decision contact Ms. Amina Fisher, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–0645, facsimile (202) 366–5307. Vehicles Involved: Affected are approximately 729 MY 2011 Chrysler Town & Country and Dodge Grand Caravan MPVs manufactured between March 16, 2011 and March 22, 2011 and equipped with Yokohama size 225/65– R16 passenger car tires. Summary of Chrysler’s Analyses: Chrysler explains that the noncompliance is that the vehicle placards on the affected vehicles incorrectly identify the tire size as required by paragraph S4.3(d) of FMVSS No. 110. Chrysler additionally explains that during the production of the subject vehicles there was a temporary shortage of Kumho size 235/60R16 passenger car tires. As a result, Yokahama size 225/ 65R16 tires and vehicle placard were substituted. On March 16, 2011, when the Kumbo tires were scheduled to be reintroduced, the vehicle placard was updated to reflect the tire change and placed on the subject vehicles. However, 729 vehicles that received the updated vehicle placard were fitted with the Yokahama tires instead of the Kumbo tires. Chrysler stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: 1. The tire inflation pressure requirement for both tires is the same and that the recommended gross vehicle weight rating (GVWR) of the vehicles is not affected by the tire change. Chrysler also notes that the tire circumference for both tires is essentially the same and that the functions of the vehicle speedometer and odometer, the tire pressure monitoring system (TPMS), the antilock brake system (ABS) and the electronic stability program (ESP) are not affected by the 21 mm difference in circumference. In addition, Chrysler stated that the subject Kumbo and Yokahama tires provide equivalent VerDate Mar<15>2010 20:26 Jun 25, 2013 Jkt 229001 performance when mounted on the subject vehicles. 2. While the non-compliant vehicle placards incorrectly state the tire size, they meet or exceed all other applicable Federal Motor Vehicle Safety Standards. 3. The noncompliance is inconsequential to motor vehicle safety because the noncompliant vehicle placards do not create an unsafe condition and all other labeling requirements have been met. Chrysler also added that it believes that NHTSA has previously granted similar petitions. In summation, Chrysler believes that the described noncompliance of the subject vehicles is 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: The intent of FMVSS No. 110 is to ensure that vehicles are equipped with tires appropriate to handle maximum vehicle loads and prevent overloading. NHTSA has confirmed that: The installed and labeled tires, including the spare, when inflated to the labeled recommended cold inflation pressure are appropriate to handle the vehicle maximum loads; the tire and loading information labels on subject vehicles are correct, except for the subject noncompliance; the vehicles are equipped with tires that have the complete tire size (225/65R16) molded into their sidewalls. Consequently, the subject noncompliance should not cause any unsafe conditions associated with determination of the correct tire inflation pressures or replacement tire selection for the subject vehicles. Therefore, NHTSA agrees with Chrysler that in this specific case the incorrect tire size printed on the tire and loading information labels on the affixed vehicles does not have any adverse safety implications. NHTSA is also not aware of any customer complaints or field reports relating to this issue and Chrysler stated that it has corrected the problem that caused these errors so that they will not be repeated in future production. In consideration of the foregoing, NHTSA has decided that Chrysler has met its burden of persuasion that the FMVSS No. 110 noncompliance in the vehicles identified in Chrysler’s Noncompliance Information Report is inconsequential to motor vehicle safety. Accordingly, Chrysler’s petition is granted and the petitioner is exempted from the obligation of providing PO 00000 Frm 00160 Fmt 4703 Sfmt 4703 notification of, and a 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, this decision only applies to approximately 729 vehicles that Chrysler no longer controlled at the time that it determined that a noncompliance existed in the subject vehicles. However, the granting of this petition does not relieve vehicle 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. Issued on: June 20, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–15278 Filed 6–25–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2012–0041; Notice 2] Hyundai Motor Company, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Grant of Petition. AGENCY: Hyundai America Technical Center, Inc., on behalf of Hyundai Motor Company (collectively referred to as ‘‘Hyundai’’) 1 has determined that certain model year (MY) 2011 and 2012 Hyundai Sonata Hybrid passenger cars, do not fully comply with paragraph § 4.1.5.5.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection. Hyundai has filed an appropriate report dated March 8, 2012, pursuant to 49 CFR Part SUMMARY: 1 Hyundai America Technical Center, Inc. is a corporation registered under the laws of the state of Michigan. E:\FR\FM\26JNN1.SGM 26JNN1

Agencies

[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Notices]
[Pages 38443-38444]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15278]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2011-0074; Notice 2]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Grant of Petition.

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SUMMARY Chrysler Group, LLC (Chrysler),\1\ has determined that certain 
model year (MY) 2011 Chrysler Town & Country and Dodge Grand Caravan 
multipurpose passenger vehicles (MPVs) manufactured between March 16, 
2011 through March 22, 2011, do not fully comply with paragraph S4.3(d) 
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. Chrysler has filed an appropriate 
report dated May 3, 2011, pursuant to 49 CFR Part 573, Defect and 
Noncompliance Responsibility and Reports.
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    \1\ Chrysler Group, LLC is a vehicle manufacturer incorporated 
under the laws of the state of Delaware.
---------------------------------------------------------------------------

    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

[[Page 38444]]

noncompliance is inconsequential to motor vehicle safety. Notice of 
receipt of the petition was published, with a 30-day public comment 
period, on February 15, 2012 in the Federal Register (77 FR 8944). No 
comments were received. To view the petition and all supporting 
documents log onto the Federal Docket Management System (FDMS) Web site 
at: http://www.regulations.gov/. Then follow the online search 
instructions to locate docket number ``NHTSA-2011-0074''.
    Contact Information: For further information on this decision 
contact Ms. Amina Fisher, Office of Vehicle Safety Compliance, the 
National Highway Traffic Safety Administration (NHTSA), telephone (202) 
366-0645, facsimile (202) 366-5307.
    Vehicles Involved: Affected are approximately 729 MY 2011 Chrysler 
Town & Country and Dodge Grand Caravan MPVs manufactured between March 
16, 2011 and March 22, 2011 and equipped with Yokohama size 225/65-R16 
passenger car tires.
    Summary of Chrysler's Analyses: Chrysler explains that the 
noncompliance is that the vehicle placards on the affected vehicles 
incorrectly identify the tire size as required by paragraph S4.3(d) of 
FMVSS No. 110.
    Chrysler additionally explains that during the production of the 
subject vehicles there was a temporary shortage of Kumho size 235/60R16 
passenger car tires. As a result, Yokahama size 225/65R16 tires and 
vehicle placard were substituted. On March 16, 2011, when the Kumbo 
tires were scheduled to be reintroduced, the vehicle placard was 
updated to reflect the tire change and placed on the subject vehicles. 
However, 729 vehicles that received the updated vehicle placard were 
fitted with the Yokahama tires instead of the Kumbo tires.
    Chrysler stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    1. The tire inflation pressure requirement for both tires is the 
same and that the recommended gross vehicle weight rating (GVWR) of the 
vehicles is not affected by the tire change. Chrysler also notes that 
the tire circumference for both tires is essentially the same and that 
the functions of the vehicle speedometer and odometer, the tire 
pressure monitoring system (TPMS), the antilock brake system (ABS) and 
the electronic stability program (ESP) are not affected by the 21 mm 
difference in circumference. In addition, Chrysler stated that the 
subject Kumbo and Yokahama tires provide equivalent performance when 
mounted on the subject vehicles.
    2. While the non-compliant vehicle placards incorrectly state the 
tire size, they meet or exceed all other applicable Federal Motor 
Vehicle Safety Standards.
    3. The noncompliance is inconsequential to motor vehicle safety 
because the noncompliant vehicle placards do not create an unsafe 
condition and all other labeling requirements have been met.
    Chrysler also added that it believes that NHTSA has previously 
granted similar petitions.
    In summation, Chrysler believes that the described noncompliance of 
the subject vehicles is 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: The intent of FMVSS No. 110 is to ensure that 
vehicles are equipped with tires appropriate to handle maximum vehicle 
loads and prevent overloading. NHTSA has confirmed that: The installed 
and labeled tires, including the spare, when inflated to the labeled 
recommended cold inflation pressure are appropriate to handle the 
vehicle maximum loads; the tire and loading information labels on 
subject vehicles are correct, except for the subject noncompliance; the 
vehicles are equipped with tires that have the complete tire size (225/
65R16) molded into their sidewalls. Consequently, the subject 
noncompliance should not cause any unsafe conditions associated with 
determination of the correct tire inflation pressures or replacement 
tire selection for the subject vehicles.
    Therefore, NHTSA agrees with Chrysler that in this specific case 
the incorrect tire size printed on the tire and loading information 
labels on the affixed vehicles does not have any adverse safety 
implications.
    NHTSA is also not aware of any customer complaints or field reports 
relating to this issue and Chrysler stated that it has corrected the 
problem that caused these errors so that they will not be repeated in 
future production.
    In consideration of the foregoing, NHTSA has decided that Chrysler 
has met its burden of persuasion that the FMVSS No. 110 noncompliance 
in the vehicles identified in Chrysler's Noncompliance Information 
Report is inconsequential to motor vehicle safety. Accordingly, 
Chrysler's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a 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, this decision 
only applies to approximately 729 vehicles that Chrysler no longer 
controlled at the time that it determined that a noncompliance existed 
in the subject vehicles. However, the granting of this petition does 
not relieve vehicle 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.

    Issued on: June 20, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-15278 Filed 6-25-13; 8:45 am]
BILLING CODE 4910-59-P