Chrysler Group, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 36868-36869 [2014-15211]

Download as PDF 36868 Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices Notice of Petition Published at: 79 FR 182 (January 2, 2014) Vehicle Eligibility Number: VCP–56 (effective date February 18, 2014) 6. Docket No. NHTSA–2013–0110 Nonconforming Vehicles: 2006–2013 Honda NT700V (Deauville) Motorcycles Because there are no substantially similar U.S.-certified version 2006– 2013 Honda NT700V (Deauville) Motorcycles the petitioner sought import eligibility under 49 U.S.C. 30141(a)(1)(B). Notice of Petition Published at: 79 FR 2505 (January 14, 2014) Vehicle Eligibility Number: VCP–57 (effective date February 24, 2014) 7. Docket No. NHTSA–2013–0063 Nonconforming Vehicles: 2001 PT Gemala Saranaupaya 1600 Double Axle Trailers Because there are no substantially similar U.S.-certified version 2001 PT Gemala Saranaupaya 1600 Double Axle Trailers the petitioner sought import eligibility under 49 U.S.C. 30141(a)(1)(B). Notice of Petition Published at: 79 FR 3470 (January 21, 2014) Vehicle Eligibility Number: VCP–58 (effective date March 14, 2014) 8. Docket No. NHTSA–2014–0037 Nonconforming Vehicles: 2007–2010 Mercedes-Benz S Class Passenger Cars Substantially Similar U.S.-Certified Vehicles: 2007–2010 Mercedes-Benz S Class Passenger Cars Notice of Petition Published at: 79 FR 21833 (April 17, 2014) Vehicle Eligibility Number: VSP–566 (effective date June 3, 2014) mstockstill on DSK4VPTVN1PROD with NOTICES 9. Docket No. NHTSA–2014–0038 Nonconforming Vehicles: 2012 Mercedes-Benz S Class Passenger Cars Substantially Similar U.S.-Certified Vehicles: 2012 Mercedes-Benz S Class Passenger Cars Notice of Petition Published at: 79 FR 21835 (April 17, 2014) Vehicle Eligibility Number: VSP–565 (effective date June 3, 2014) [FR Doc. 2014–15210 Filed 6–27–14; 8:45 am] BILLING CODE 4910–59–P VerDate Mar<15>2010 19:01 Jun 27, 2014 Jkt 232001 15 pages in length, although there is no limit to the length of necessary National Highway Traffic Safety attachments to the comments. If Administration comments are submitted in hard copy form, please ensure that two copies are [Docket No. NHTSA–2014–0046; Notice 1] provided. If you wish to receive confirmation that your comments were Chrysler Group, LLC, Receipt of received, please enclose a stamped, selfPetition for Decision of addressed postcard with the comments. Inconsequential Noncompliance Note that all comments received will be AGENCY: National Highway Traffic posted without change to http:// Safety Administration (NHTSA), www.regulations.gov, including any Department of Transportation (DOT). personal information provided. ACTION: Receipt of Petition. Documents submitted to a docket may be viewed by anyone at the address and SUMMARY: Chrysler Group, LLC, times given above. The documents may (Chrysler), a wholly owned subsidiary also be viewed on the Internet at of Fiat S.p.A., has determined that http://www.regulations.gov by following certain model year (MY) 2014 Jeep the online instructions for accessing the Cherokee multipurpose passenger dockets. DOT’s complete Privacy Act vehicles (MPV), and MY 2013–2014 Statement is available for review in the Dodge Dart passenger cars (PC) do not Federal Register published on April 11, fully comply with paragraph S5.2.1 of 2000, (65 FR 19477–78). Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays The petition, supporting materials, and paragraph S5.5.5 of FMVSS No. and all comments received before the 135,1 Light Vehicle Brake Systems. close of business on the closing date Chrysler has filed an appropriate report indicated below will be filed and will be dated March 4, 2014 pursuant to 49 CFR considered. All comments and part 573, Defect and Noncompliance supporting materials received after the Responsibility and Reports. closing date will also be filed and will DATES: The closing date for comments be considered to the extent possible. on the petition is July 30, 2014. When the petition is granted or denied, notice of the decision will be published ADDRESSES: Interested persons are in the Federal Register pursuant to the invited to submit written data, views, authority indicated below. and arguments on this petition. Comments must refer to the docket and SUPPLEMENTARY INFORMATION: notice number cited at the beginning of I. Chrysler’s Petition: Pursuant to 49 this notice and be submitted by any of U.S.C. 30118(d) and 30120(h) (see the following methods: implementing rule at 49 CFR part 556), • Mail: Send comments by mail Chrysler submitted a petition for an addressed to: U.S. Department of exemption from the notification and Transportation, Docket Operations, M– remedy requirements of 49 U.S.C. 30, West Building Ground Floor, Room Chapter 301 on the basis that this W12–140, 1200 New Jersey Avenue SE., noncompliance is inconsequential to Washington, DC 20590. • Hand Deliver: Deliver comments by motor vehicle safety. This notice of receipt of Chrysler’s hand to: U.S. Department of petition is published under 49 U.S.C. Transportation, Docket Operations, M– 30118 and 30120 and does not represent 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., any agency decision or other exercise of judgment concerning the merits of the Washington, DC 20590. The Docket petition. Section is open on weekdays from 10 II. Vehicles Involved: Affected are a.m. to 5 p.m. except Federal Holidays. approximately 411 MY 2014 Jeep • Electronically: Submit comments Cherokee MPV manufactured between electronically by: logging onto the June 17, 2013 and January 14, 2014 and Federal Docket Management System 22 MY 2013–2014 Dodge Dart PC (FDMS) Web site at http:// www.regulations.gov/. Follow the online manufactured between July 1, 2012 and December 13, 2013. instructions for submitting comments. Comments may also be faxed to (202) III. Noncompliance: Chrysler explains 493–2251. that the noncompliance is that the Comments must be written in the telltale used for Brake Warning and Park English language, and be no greater than Brake Warning is displayed using International Organization for 1 Subsequent to receiving Chrysler’s petition, Standardization (ISO) symbols instead NHTSA was notified by the petitioner that it had of the telltale symbol required by S5.2.1 inadvertently referred to FMVSS No. 105, a standard that does not apply to the subject vehicles, of FMVSS No. 101 and paragraph S5.5.5 in its petition. of FMVSS No. 135. DEPARTMENT OF TRANSPORTATION PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 E:\FR\FM\30JNN1.SGM 30JNN1 Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices IV. Rule Text: Paragraph S5.2.1 of FMVSS No. 101 requires in pertinent part: S5.2.1 Except for the Low Tire Pressure Telltale, each control, telltale and indicator that is listed in column 1 of Table 1 or Table 2 must be identified by the symbol specified for it in column 2 or the word or abbreviation specified for it in column 3 of Table 1 or Table 2. If a symbol is used, each symbol provided pursuant to this paragraph must be substantially similar in form to the symbol as it appears in Table 1 or Table 2. If a symbol is used, each symbol provided pursuant to this paragraph must have the proportional dimensional characteristics of the symbol as it appears in Table 1 or Table 2. Paragraph S5.5.5 of FMVSS No. 135 requires in pertinent part: mstockstill on DSK4VPTVN1PROD with NOTICES S5.5.5. Labeling. (a) Each visual indicator shall display a word or words in accordance with the requirements of Standard No. 101 (49 CFR 571.101) and this section, which shall be legible to the driver under all daytime and nighttime conditions when activated. Unless otherwise specified, the words shall have letters not less than 3.2 mm (1⁄8 inch) high and the letters and background shall be of contrasting colors, one of which is red. Words or symbols in addition to those required by Standard No. 101 and this section may be provided for purposes of clarity. (b) Vehicles manufactured with a split service brake system may use a common brake warning indicator to indicate two or more of the functions described in S5.5.1(a) through S5.5.1(g). If a common indicator is used, it shall display the word ‘‘Brake.’’ . . . V. Summary of Chrysler’s Analyses: Chrysler stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: 1. Chrysler notes that the purpose of the brake telltale is to warn the operator about either one of two conditions: (1) The parking brake is applied or is malfunctioning; or (2) the service brakes may be malfunctioning. The affected vehicles ‘‘brake display telltale’’ illuminates in red as required and, except for the missing identifier word ‘‘Brake,’’ the vehicles comply with all other applicable FMVSS requirements. When the telltale is not illuminated, there is no degradation of brake performance. All braking system functionality, including service brakes and the parking brake is unaffected by this noncompliance and the subject vehicles will operate as intended. Even though the word ‘‘Brake’’ is not used, Chrysler’s stated its belief that in the event one of the affected vehicles displayed the red-color ISO brake telltale, the driver would recognize a possible brake system malfunction. 2. Chrysler states that the telltale functions as both the vehicle’s brake system symbol and the parking brake VerDate Mar<15>2010 19:01 Jun 27, 2014 Jkt 232001 symbol. In the Dart, the parking brake is engaged by pulling up on the parking brake handle in view of the instrument cluster where the brake telltale is illuminated. In the Cherokee, the parking brake is electronic where a 5 second ‘‘Parking Brake Engaged’’ message is displayed in the Electronic Vehicle Information Center (EVIC) and the brake telltale is illuminated in the instrument cluster. The brake telltale also illuminates during the cluster warning lamp function check. Due to the ISO telltale illumination during parking brake engagement and during lamp function checks, an operator is conditioned to associate the telltale with the braking system and would be alerted in the event of a possible brake system malfunction. In the unlikely event the ISO brake telltale is illuminated and the operator does not understand its meaning, the ISO brake telltale graphic is shown and described in the Owner’s Manual for both vehicles. Thus, an operator could easily determine that the ISO telltale relates to the brake system. 3. Chrysler also believes that in the subject vehicles, in the event the brake fluid level is less than the recommended level, the brake telltale is illuminated and the EVIC will display a five second ‘‘Brake Fluid Low’’ message that continues until the condition is corrected. This additional visual input to the operator helps facilitate the association of the telltale with the braking system. 4. Chrysler has stated its belief that NHTSA has previously granted a similar inconsequential noncompliance petition regarding the use of ISO symbols. 5. Chrysler is not aware of any warranty claims, field reports, consumer complaints, legal claims or any incidents or injuries related to the subject noncompliance. Chrysler has additionally informed NHTSA that it has corrected the noncompliance so that all future production vehicles will comply with FMVSS No. 101 and FMVSS No. 135. 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 PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 36869 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 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 motor 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. 2014–15211 Filed 6–27–14; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request June 24, 2014. The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104–13, on or after the date of publication of this notice. DATES: Comments should be received on or before July 30, 2014 to be assured of consideration. ADDRESSES: Send comments regarding the burden estimate, or any other aspect of the information collection, including suggestions for reducing the burden, to (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Treasury, New Executive Office Building, Room 10235, Washington, DC 20503, or email at OIRA_Submission@ OMB.EOP.gov and (2) Treasury PRA Clearance Officer, 1750 Pennsylvania Ave. NW., Suite 8141, Washington, DC 20220, or email at PRA@treasury.gov. FOR FURTHER INFORMATION CONTACT: Copies of the submission(s) may be obtained by emailing PRA@treasury.gov, calling (202) 622–1295, or viewing the entire information collection request at www.reginfo.gov. Internal Revenue Service (IRS) OMB Number: 1545–1201. E:\FR\FM\30JNN1.SGM 30JNN1

Agencies

[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Notices]
[Pages 36868-36869]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15211]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0046; 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), a wholly owned subsidiary of 
Fiat S.p.A., has determined that certain model year (MY) 2014 Jeep 
Cherokee multipurpose passenger vehicles (MPV), and MY 2013-2014 Dodge 
Dart passenger cars (PC) do not fully comply with paragraph S5.2.1 of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and 
Displays and paragraph S5.5.5 of FMVSS No. 135,\1\ Light Vehicle Brake 
Systems. Chrysler has filed an appropriate report dated March 4, 2014 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports.
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    \1\ Subsequent to receiving Chrysler's petition, NHTSA was 
notified by the petitioner that it had inadvertently referred to 
FMVSS No. 105, a standard that does not apply to the subject 
vehicles, in its petition.

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DATES: The closing date for comments on the petition is July 30, 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 411 MY 2014 Jeep 
Cherokee MPV manufactured between June 17, 2013 and January 14, 2014 
and 22 MY 2013-2014 Dodge Dart PC manufactured between July 1, 2012 and 
December 13, 2013.
    III. Noncompliance: Chrysler explains that the noncompliance is 
that the telltale used for Brake Warning and Park Brake Warning is 
displayed using International Organization for Standardization (ISO) 
symbols instead of the telltale symbol required by S5.2.1 of FMVSS No. 
101 and paragraph S5.5.5 of FMVSS No. 135.

[[Page 36869]]

    IV. Rule Text: Paragraph S5.2.1 of FMVSS No. 101 requires in 
pertinent part:

    S5.2.1 Except for the Low Tire Pressure Telltale, each control, 
telltale and indicator that is listed in column 1 of Table 1 or 
Table 2 must be identified by the symbol specified for it in column 
2 or the word or abbreviation specified for it in column 3 of Table 
1 or Table 2. If a symbol is used, each symbol provided pursuant to 
this paragraph must be substantially similar in form to the symbol 
as it appears in Table 1 or Table 2. If a symbol is used, each 
symbol provided pursuant to this paragraph must have the 
proportional dimensional characteristics of the symbol as it appears 
in Table 1 or Table 2.

    Paragraph S5.5.5 of FMVSS No. 135 requires in pertinent part:

    S5.5.5. Labeling. (a) Each visual indicator shall display a word 
or words in accordance with the requirements of Standard No. 101 (49 
CFR 571.101) and this section, which shall be legible to the driver 
under all daytime and nighttime conditions when activated. Unless 
otherwise specified, the words shall have letters not less than 3.2 
mm (\1/8\ inch) high and the letters and background shall be of 
contrasting colors, one of which is red. Words or symbols in 
addition to those required by Standard No. 101 and this section may 
be provided for purposes of clarity.
    (b) Vehicles manufactured with a split service brake system may 
use a common brake warning indicator to indicate two or more of the 
functions described in S5.5.1(a) through S5.5.1(g). If a common 
indicator is used, it shall display the word ``Brake.'' . . .

    V. Summary of Chrysler's Analyses: Chrysler stated its belief that 
the subject noncompliance is inconsequential to motor vehicle safety 
for the following reasons:
    1. Chrysler notes that the purpose of the brake telltale is to warn 
the operator about either one of two conditions: (1) The parking brake 
is applied or is malfunctioning; or (2) the service brakes may be 
malfunctioning. The affected vehicles ``brake display telltale'' 
illuminates in red as required and, except for the missing identifier 
word ``Brake,'' the vehicles comply with all other applicable FMVSS 
requirements. When the telltale is not illuminated, there is no 
degradation of brake performance. All braking system functionality, 
including service brakes and the parking brake is unaffected by this 
noncompliance and the subject vehicles will operate as intended. Even 
though the word ``Brake'' is not used, Chrysler's stated its belief 
that in the event one of the affected vehicles displayed the red-color 
ISO brake telltale, the driver would recognize a possible brake system 
malfunction.
    2. Chrysler states that the telltale functions as both the 
vehicle's brake system symbol and the parking brake symbol. In the 
Dart, the parking brake is engaged by pulling up on the parking brake 
handle in view of the instrument cluster where the brake telltale is 
illuminated. In the Cherokee, the parking brake is electronic where a 5 
second ``Parking Brake Engaged'' message is displayed in the Electronic 
Vehicle Information Center (EVIC) and the brake telltale is illuminated 
in the instrument cluster. The brake telltale also illuminates during 
the cluster warning lamp function check. Due to the ISO telltale 
illumination during parking brake engagement and during lamp function 
checks, an operator is conditioned to associate the telltale with the 
braking system and would be alerted in the event of a possible brake 
system malfunction. In the unlikely event the ISO brake telltale is 
illuminated and the operator does not understand its meaning, the ISO 
brake telltale graphic is shown and described in the Owner's Manual for 
both vehicles. Thus, an operator could easily determine that the ISO 
telltale relates to the brake system.
    3. Chrysler also believes that in the subject vehicles, in the 
event the brake fluid level is less than the recommended level, the 
brake telltale is illuminated and the EVIC will display a five second 
``Brake Fluid Low'' message that continues until the condition is 
corrected. This additional visual input to the operator helps 
facilitate the association of the telltale with the braking system.
    4. Chrysler has stated its belief that NHTSA has previously granted 
a similar inconsequential noncompliance petition regarding the use of 
ISO symbols.
    5. Chrysler is not aware of any warranty claims, field reports, 
consumer complaints, legal claims or any incidents or injuries related 
to the subject noncompliance.
    Chrysler has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production vehicles will comply with 
FMVSS No. 101 and FMVSS No. 135.
    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 
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 motor 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. 2014-15211 Filed 6-27-14; 8:45 am]
BILLING CODE 4910-59-P