Chrysler Group LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 35227-35228 [2014-14285]

Download as PDF Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Notices any decision on this petition does not relieve Ford 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 Ford 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, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. 2014–14287 Filed 6–18–14; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2014–0056; Notice 1] Chrysler Group LLC, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Chrysler Group LLC (Chrysler) 1 has determined that certain model year (MY) 2013 and 2014 Fiat brand, 500e model, passenger cars do not fully comply with paragraph S5.4.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. Chrysler has filed an appropriate report dated April 1, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is July 21, 2014. ADDRESSES: 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: • Mail: Send comments 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. • Hand Deliver: Deliver comments by hand to: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: 1 Chrysler is a wholly owned subsidiary of the automaker Fiat S.p.A. VerDate Mar<15>2010 17:25 Jun 18, 2014 Jkt 232001 Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. • Electronically: Submit comments electronically by: logging onto the Federal Docket Management System (FDMS) Web site at http:// www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to (202) 493–2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, selfaddressed postcard with the comments. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at http://www.regulations.gov by following the online instructions for accessing the dockets. DOT’s complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000, (65 FR 19477–78). 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. 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. SUPPLEMENTARY INFORMATION: I. Chrysler’s Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Chrysler submitted a petition 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. II. Vehicles Involved: Affected are approximately 3,447 MY 2013 and 2014 Fiat brand, 500e model, passenger cars manufactured between March 21, 2013 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 35227 and February 11, 2014 at Chrysler’s Toluca Assembly Plant. III. Noncompliance: Chrysler explains that the noncompliance is that the low tire pressure indicator telltale installed on the subject vehicles is orange in color rather than yellow as required by paragraph S5.4 of FMVSS No. 101. IV. Rule Text: Paragraph S5.4 of FMVSS No. 101 requires in pertinent part: S5.4 Color S5.4.1 The light of each telltale listed in Table 1 must be of the color specified for that telltale in column 6 of that table. V. Summary of Chrysler’s Analyses: Chrysler stated that in the FMVSS No. 138 Final Rule (Federal Register Volume 70, Number 67 (April 8, 2005)) NHTSA indicated that the intent of a TPMS warning telltale is to notify the operator of safety consequences that do not constitute an emergency requiring immediate service. While the affected vehicles may display an orange TPMS telltale, Chrysler’s position is the operator notification conveys the appropriate message to the operator when there is either significant tire under-inflation or a TPMS malfunction. Chrysler’s reasoning in support of the position is as follows: • For the subject vehicles, if the TPMS telltale is illuminated and the operator does not understand its meaning, the TPMS telltale graphic is shown and described in the Introduction, Instrument Cluster Descriptions, and Starting and Operating sections of the vehicle owner’s manual. An operator can easily refer to the owner’s manual and determine the TPMS telltale relates to significant tire under-inflation or a TPMS malfunction. The owner’s manual does not reference the color of the TPMS telltale, but rather that it ‘‘illuminates’’ in the event of low tire pressure and/or TPMS fault. • In the event there is significant under-inflation of tires, the TPMS telltale is illuminated and the instrument cluster Electronic Vehicle Information Center (EVIC) will display a highlighted graphic of the locations including the pressure values of the affected tires. • In the event there is a TPMS fault, the telltale will flash on and off for 75 seconds and then maintain a continuous illumination. The system fault will sound a chime and also display a ‘‘Service TPM System’’ message in the EVIC for approximately 3 seconds. This message contains the same symbol as the telltale. If the ignition switch is cycled, this sequence will repeat, providing the system fault still exists. If E:\FR\FM\19JNN1.SGM 19JNN1 35228 Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Notices emcdonald on DSK67QTVN1PROD with NOTICES the system fault no longer exists, the TPMS telltale will no longer flash, and the ‘‘Service TPM System’’ message will no longer display. In addition to the TPMS telltale alerting the operator of a significant loss of tire pressure, or a TPMS malfunction as required, the EVIC messages and owner’s manual provide more than the minimum level of information required aiding the operator’s association of the illuminated telltale with an appropriate response. Chrysler also made reference to a previous petition for inconsequential noncompliance that addressed labeling issues that NHTSA granted. Chrysler has additionally informed NHTSA that it has corrected the noncompliance so that all future production vehicles will comply with FMVSS No. 101. In summation, Chrysler believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt Chrysler 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 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, any decision on 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) Jeffrey M. Giuseppe, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. 2014–14285 Filed 6–18–14; 8:45 am] BILLING CODE 4910–59–P VerDate Mar<15>2010 17:25 Jun 18, 2014 Jkt 232001 DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency [Docket ID OCC–2013–0020; Docket No. OP–1474] BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM RIN 7100–AD 87 FEDERAL DEPOSIT INSURANCE CORPORATION Addendum to the Interagency Policy Statement on Income Tax Allocation in a Holding Company Structure Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, and Office of the Comptroller of the Currency, Department of the Treasury (Agencies). ACTION: Final Addendum to Interagency Policy Statement. AGENCY: The Agencies are issuing jointly an Addendum (Addendum) to the ‘‘Interagency Policy Statement on Income Tax Allocation in a Holding Company Structure’’ to ensure that insured depository institutions (IDIs) in a consolidated group maintain an appropriate relationship regarding the payment of taxes and treatment of tax refunds. The Addendum instructs IDIs and their holding companies to review and revise their tax allocation agreements to ensure that the agreements expressly acknowledge that the holding company receives a tax refund from a taxing authority as agent for the IDI and are consistent with certain of the requirements of sections 23A and 23B of the Federal Reserve Act. The Addendum includes a sample paragraph that IDIs could include in their tax allocation agreements to facilitate the Agencies’ instructions. DATES: The Agencies expect institutions and holding companies to implement fully the Addendum to the Interagency Policy Statement as soon as reasonably possible, which the Agencies expect would not be later than October 31, 2014. FOR FURTHER INFORMATION CONTACT: Office of the Comptroller of the Currency: Steven Key, Assistant Director for Bank Activities and Structure, Bank Activities and Structure Division, Chief Counsel’s Office, 202–649–5594 or steven.key@occ.treas.gov; Gary Jeffers, Counsel, Bank Activities and Structure Division, Chief Counsel’s Office, 202– 649–6208 or gary.jeffers@occ.treas.gov, Office of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 20219. SUMMARY: PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 Board of Governors of the Federal Reserve System: Laurie Schaffer, Associate General Counsel, (202) 452– 2272, Benjamin McDonough, Senior Counsel, (202) 452–2036, Pamela Nardolilli, Senior Counsel, (202) 452– 3289, or Will Giles, Counsel, (202) 452– 3351, Legal Division; or Matthew Kincaid, Sr. Accounting Policy Analyst, (202) 452–2028, Division of Banking Supervision and Regulation, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551. Users of Telecommunication Device for Deaf (TDD) only, call (202) 263–4869. Federal Deposit Insurance Corporation: Robert Storch, Chief Accountant, 202–898–8906 or rstorch@ fdic.gov; Mark G. Flanigan, Counsel, Legal Division, 202–898–7426 or mflanigan@fdic.gov; Jeffrey E. Schmitt, Counsel, Legal Division, 703–562–2429 or jschmitt@fdic.gov. SUPPLEMENTARY INFORMATION: I. Background In 1998, the Agencies and the Office of Thrift Supervision issued the ‘‘Interagency Policy Statement on Income Tax Allocation in a Holding Company Structure’’ (Interagency Policy Statement) to provide guidance to insured depository institutions (IDIs) and their holding companies and other affiliates (Consolidated Groups) regarding the payment of taxes on a consolidated basis.1 One of the principal goals of the Interagency Policy Statement is to protect IDIs’ ownership rights in tax refunds, while permitting the Consolidated Group to file consolidated tax returns. The Interagency Policy Statement states that: (1) Tax settlements between an IDI and its holding company should be conducted in a manner that is no less favorable to the IDI than if it were a separate taxpayer; and (2) a holding company receives a tax refund from a taxing authority as agent for the IDI. Since adoption of the Interagency Policy Statement, there have been many disputes between holding companies in bankruptcy and failed IDIs regarding the ownership of tax refunds generated by the IDIs. In these disputes, some courts have found that tax refunds generated by an IDI were the property of its holding company based on certain language contained in their tax allocation agreement that the courts interpreted as creating a debtor-creditor relationship. Accordingly, the Agencies are issuing an Addendum to the Interagency Policy Statement (Addendum) to ensure that IDIs in a 1 63 E:\FR\FM\19JNN1.SGM FR 64757 (November 23, 1998). 19JNN1

Agencies

[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Notices]
[Pages 35227-35228]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14285]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0056; Notice 1]


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

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

ACTION: Receipt of petition.

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SUMMARY: Chrysler Group LLC (Chrysler) \1\ has determined that certain 
model year (MY) 2013 and 2014 Fiat brand, 500e model, passenger cars do 
not fully comply with paragraph S5.4.1 of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 101, Controls and Displays. Chrysler has filed an 
appropriate report dated April 1, 2014, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports.
---------------------------------------------------------------------------

    \1\ Chrysler is a wholly owned subsidiary of the automaker Fiat 
S.p.A.

---------------------------------------------------------------------------
DATES: The closing date for comments on the petition is July 21, 2014.

ADDRESSES: 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:
     Mail: Send comments 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.
     Hand Deliver: Deliver comments by hand 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.
     Electronically: Submit comments electronically by: logging 
onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/. Follow the online instructions for submitting 
comments. Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78).
    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. 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.

SUPPLEMENTARY INFORMATION:
    I. Chrysler's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
(see implementing rule at 49 CFR part 556), Chrysler submitted a 
petition 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.
    II. Vehicles Involved: Affected are approximately 3,447 MY 2013 and 
2014 Fiat brand, 500e model, passenger cars manufactured between March 
21, 2013 and February 11, 2014 at Chrysler's Toluca Assembly Plant.
    III. Noncompliance: Chrysler explains that the noncompliance is 
that the low tire pressure indicator telltale installed on the subject 
vehicles is orange in color rather than yellow as required by paragraph 
S5.4 of FMVSS No. 101.
    IV. Rule Text: Paragraph S5.4 of FMVSS No. 101 requires in 
pertinent part:

    S5.4 Color
    S5.4.1 The light of each telltale listed in Table 1 must be of 
the color specified for that telltale in column 6 of that table.

    V. Summary of Chrysler's Analyses: Chrysler stated that in the 
FMVSS No. 138 Final Rule (Federal Register Volume 70, Number 67 (April 
8, 2005)) NHTSA indicated that the intent of a TPMS warning telltale is 
to notify the operator of safety consequences that do not constitute an 
emergency requiring immediate service. While the affected vehicles may 
display an orange TPMS telltale, Chrysler's position is the operator 
notification conveys the appropriate message to the operator when there 
is either significant tire under-inflation or a TPMS malfunction.
    Chrysler's reasoning in support of the position is as follows:
     For the subject vehicles, if the TPMS telltale is 
illuminated and the operator does not understand its meaning, the TPMS 
telltale graphic is shown and described in the Introduction, Instrument 
Cluster Descriptions, and Starting and Operating sections of the 
vehicle owner's manual. An operator can easily refer to the owner's 
manual and determine the TPMS telltale relates to significant tire 
under-inflation or a TPMS malfunction. The owner's manual does not 
reference the color of the TPMS telltale, but rather that it 
``illuminates'' in the event of low tire pressure and/or TPMS fault.
     In the event there is significant under-inflation of 
tires, the TPMS telltale is illuminated and the instrument cluster 
Electronic Vehicle Information Center (EVIC) will display a highlighted 
graphic of the locations including the pressure values of the affected 
tires.
     In the event there is a TPMS fault, the telltale will 
flash on and off for 75 seconds and then maintain a continuous 
illumination. The system fault will sound a chime and also display a 
``Service TPM System'' message in the EVIC for approximately 3 seconds. 
This message contains the same symbol as the telltale. If the ignition 
switch is cycled, this sequence will repeat, providing the system fault 
still exists. If

[[Page 35228]]

the system fault no longer exists, the TPMS telltale will no longer 
flash, and the ``Service TPM System'' message will no longer display.
    In addition to the TPMS telltale alerting the operator of a 
significant loss of tire pressure, or a TPMS malfunction as required, 
the EVIC messages and owner's manual provide more than the minimum 
level of information required aiding the operator's association of the 
illuminated telltale with an appropriate response.
    Chrysler also made reference to a previous petition for 
inconsequential noncompliance that addressed labeling issues that NHTSA 
granted.
    Chrysler has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production vehicles will comply with 
FMVSS No. 101.
    In summation, Chrysler believes that the described noncompliance of 
the subject vehicles is inconsequential to motor vehicle safety, and 
that its petition, to exempt Chrysler 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 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, any decision on 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)

Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-14285 Filed 6-18-14; 8:45 am]
BILLING CODE 4910-59-P