Chrysler Group, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 78559-78561 [2014-30240]
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Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices
label that, among other things, identifies
the vehicle’s manufacturer (defined as
the person who actually assembles the
vehicle), the vehicle’s date of
manufacture, and the statement that the
vehicle complies with all applicable
Federal motor vehicle safety standards
and, where applicable, Bumper and
Theft Prevention Standards in effect on
the date of manufacture. The label must
also include the vehicle’s gross vehicle
and gross axle weight ratings (GVWR
and GAWRs), vehicle identification
number, and vehicle type classification
(i.e., passenger car, multipurpose
passenger vehicle, truck, bus, trailer,
motorcycle, low-speed vehicle). The
regulations specify other labelling
requirements for incomplete vehicle,
intermediate, and final-stage
manufacturers of vehicles built in two
or more stages, such as commercial
trucks that are built by adding work
performing components, such as a cargo
box or cement mixer, to a previously
manufactured chassis or chassis-cab,
and to persons who alter previously
certified vehicles, other than by the
addition, substitution, or removal of
readily attachable components such as
mirrors or tire and rim assemblies, or
minor finishing operation such as
painting, before the first purchase of the
vehicle for purposes other than resale.
Affected Public: Motor vehicle
manufacturers, including incomplete
vehicle manufacturers and intermediate
and final-stage manufacturers of
vehicles built in two or more stages,
vehicle alterers, and Registered
Importers of motor vehicles that are not
originally manufactured to comply with
all applicable Federal motor vehicle
safety standards.
Estimated Total Annual Burden: 542
hours and $16,200 for supplying
required VIN-deciphering information
to NHTSA under part 565; 60,000 hours
and $12,000,000 for meeting the
labeling requirements of part 567.
ADDRESSES: Send comments, within 30
days, to the Office of Information and
Regulatory Affairs, Office of
Management and Budget, 725–17th
Street NW., Washington, DC 20503,
Attention NHTSA Desk Officer.
Comments are Invited On: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Agency,
including whether the information will
have practical utility; the accuracy of
the Agency’s estimate of the burden of
the proposed information collection;
ways to enhance the quality, utility and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
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21:42 Dec 29, 2014
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on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is most effective
if OMB receives it within 30 days of
publication.
78559
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2014–0046; Notice 2]
Nancy Lummen Lewis,
Associate Administrator for Enforcement.
Chrysler Group, LLC, Grant of Petition
for Decision of Inconsequential
Noncompliance
[FR Doc. 2014–30239 Filed 12–29–14; 8:45 am]
AGENCY:
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Reports, Forms and Record Keeping
Requirements Agency Information
Collection Activity Under OMB Review
National Highway Traffic
Safety Administration, U.S. Department
of Transportation.
AGENCY:
ACTION:
Notice; correction.
This document corrects the
docket number in a Federal Register
notice published on Tuesday, November
25, 2014, that announced a request for
public comment on proposed collection
of information.
SUMMARY:
Mr.
Randy Reid, U.S. Department of
Transportation, NHTSA, Room W48–
311, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Mr. Reid’s
telephone number is (202) 366–4383
and his email address is randy.reid@
dot.gov.
FOR FURTHER INFORMATION CONTACT:
Correction
In the Federal Register of November
25, 2014, in FR Doc. 2014–2127–0008,
on page 70275, column 1 needs to be
read:
U.S. DOT Docket No. NHTSA–2014–
0124.
Correction
In the Federal Register of November
25, 2014, in FR Doc. 2014–2127–0008,
on page 70275, column 2 before the
Title: Consumer Complaint Information,
needs to read:
OMB Control Number: 2127–0008
Issued on: November 25, 2014.
Randy Reid,
Chief, Correspondence Research Division,
Office of Defects Investigation.
[FR Doc. 2014–30310 Filed 12–29–14; 8:45 am]
BILLING CODE P
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National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
Chrysler Group, LLC,
(Chrysler), now known as Fiat Chrysler
Automobiles NV, 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.
ADDRESSES: For further information on
this decision contact Stuart Seigel,
Office of Vehicle Safety Compliance,
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5287, facsimile (202) 366–
5930.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Chrysler’s Petition: Pursuant to 49
U.S.C. 30118(d) and 30120(h) and the
rule implementing those provisions at
49 CFR part 556), Chrysler has
petitioned for an exemption from the
notification and remedy requirements of
49 U.S.C. Chapter 301 on the basis that
this noncompliance is inconsequential
to motor vehicle safety.
Notice of receipt of Chrysler’s petition
was published, with a 30-Day public
comment period, on June 30, 2014 in
the Federal Register (79 FR 36868). No
comments were received. To view the
petition and all supporting documents
log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2014–
0046.’’
II. Vehicles Involved: Affected are
vehicles built for the U.S. territories,
approximately 411 MY 2014 Jeep
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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Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices
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.
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:
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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
(1⁄8inch) 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,
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21:42 Dec 29, 2014
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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
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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 Decision
NHTSA Analysis: NHTSA has
reviewed Chrysler’s justification for an
inconsequential noncompliance
decision and agrees that, based on the
following analysis, the inadvertent use
of an ISO label on the combined brake
telltale for Brake Warning and the Park
Brake Warning, poses little if any risk to
motor vehicle safety.
Chrysler stated that there are two
conditions which will cause the subject
combined brake warning telltale that is
located on the instrument cluster and
labeled with an ISO symbol instead of
the required text ‘‘BRAKE’’, to
illuminate:
1. The parking brake is applied; and/
or
2. The brake fluid level is less than
the recommended level.
For each condition, the subject
combined telltale is illuminated as
required with the background in
contrasting colors, one of which is red.
In the Cherokee, the parking brake is
engaged electronically and a 5 second
‘‘Parking Brake Engaged’’ message is
displayed in the Electronic Vehicle
Information Center. For the Dart, the
parking brake is activated by pulling up
on the parking brake handle which
remains visible to the driver.
In the Dart and Cherokee vehicles, in
the event the brake fluid is less than the
recommended level, in addition to the
ISO symbol illumination, redundant
notification is provided to the driver of
the existence of the condition by the
Electronic Vehicle Information Center
which displays a five second ‘‘Brake
Fluid Low’’ message that continues
until the condition is corrected.
NHTSA agrees with Chrysler’s
statement that the functionality of both
the parking brake system and the service
brake system remains unaffected by the
mislabeling. Vehicle stopping distance
and thus collision avoidance is not
compromised due to the mislabeling.
The ISO symbol has been used on UScertified vehicles for many years in
conjunction with the required text
‘‘BRAKE.’’ In addition, each time the
driver activates the parking brake he/she
will visually be reminded of the
meaning of the ISO symbol. The parking
brake activation and the representative
ISO symbol are operationally linked.
The ISO symbol is also illuminated
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during lamp function each time the
vehicle is started. If not familiar with its
meaning, the owner’s manual can be
referenced which will explain the
relationship with the brake system. Over
time, the ISO symbol has evolved to
become increasingly recognizable and
understandable to drivers so if activated
they would likely be alerted to a
possible brake system malfunction. We
further believe drivers recognize that a
telltale illuminated in red, even if
unlabeled, represents a malfunction
which needs to be remedied.
We believe that the combination of
the red contrasting color of the ISO
symbol, driver conditioning over time as
to the meaning of the ISO symbol, the
vehicle message center warning for the
Cherokee indicating parking brake
applied, the noticeable position of the
DART parking brake lever when
applied, the reduced drivability of the
vehicles when the vehicle is driven with
an applied parking brake, the message
center warning ‘‘Low Brake Fluid’’ for
both vehicles which remains activated
until the condition is corrected, as well
as the availability of the description of
ISO symbol in the Owner’s manual are
sufficient to adequately alert the driver
should the indicated problems in the
braking system occur.
The manufacturer has shown that the
discrepancy with the labeling
requirement is unlikely to lead to any
misunderstanding especially since other
sources of correct information beyond
the ISO symbol, are available. Lastly, we
note that NHTSA has not received any
consumer complaints regarding subject
vehicles noncompliances.
NHTSA Decision: In consideration of
the foregoing, NHTSA has decided that
Chrysler has met its burden of
persuasion that the FMVSS No. 101 and
FMVSS No. 135 noncompliances are
inconsequential to motor vehicle safety.
Accordingly, Chrysler’s petition is
hereby granted and Chrysler 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, any
decision on this petition only applies to
the subject vehicles that Chrysler no
longer controlled at the time it
determined that the noncompliance
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Jkt 235001
existed. However, the granting of this
petition does not relieve Chrysler
distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant vehicles under their
control after Chrysler notified them that
the subject noncompliance existed.
Authority: (49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8).
Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. 2014–30240 Filed 12–29–14; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2014–0095; Notice 2]
Michelin North America, Inc., Grant of
Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
AGENCY:
Michelin North America, Inc.
(MNA) has determined that certain
Michelin Pilot Street Radial
replacement motorcycle tires, do not
fully comply with paragraph S6.5(f) of
Federal Motor Vehicle Safety Standard
(FMVSS) No. 119, New Pneumatic Tires
for Motor Vehicles with a GVWR of
More Than 4,536 kilograms (10,000
pounds) and Motorcycles. MNA has
filed an appropriate report dated July 3,
2014, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports.
ADDRESSES: For further information on
this decision contact Abraham Diaz,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5310, facsimile (202) 366–
5930.
SUPPLEMENTARY INFORMATION: I. MNA’s
Petition: Pursuant to 49 U.S.C. 30118(d)
and 30120(h) and the rule implementing
those provisions at 49 CFR part 556,
MNA has petitioned for an exemption
from the notification and remedy
requirements of 49 U.S.C. Chapter 301
on the basis that this noncompliance is
inconsequential to motor vehicle safety.
Notice of receipt of the petition was
published, with a 30-day public
comment period, on September 23, 2014
in the Federal Register (FR 56852). No
comments were received. To view the
petition and all supporting documents
log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2014–
0095.’’
II. Tires Involved: Affected are
approximately 889 Michelin Pilot Street
Radial motorcycle tires, involving a total
of three dimensions (110/70 R17 54H,
130/70 R17 62H, and 140/70 R17 66H),
that were manufactured between August
12, 2012 and December 21, 2013 in
Phrapradaeng, Thailand.
III. Noncompliance: MNA explains
that the noncompliance is that on the
sidewall containing the DOT Tire
Identification Number (TIN,) the
marking describing the generic material
content of the casing plies for tread and
sidewall, required by paragraph S6.5(f)
of FMVSS No. 119, is incorrect.
For the subject tires, the marking
reads:
Tread plies
2 polyamide
1 aramid
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Sidewall plies
2 polyamide
........................
The correct marking for these tires is:
Tread plies
SUMMARY:
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78561
2 polyester
1 aramid
Sidewall plies
2 polyester
........................
V. Rule Text: Paragraph S6.5(f) of
FMVSS No. 119 requires in pertinent
part:
S6.5 Tire markings. Except as specified in
this paragraph, each tire shall be marked on
each sidewall with the information specified
in paragraphs (a) through (j) of this section.
. . . Markings may appear on only one
sidewall and the entire sidewall area may be
used in the case of motorcycle tires and
recreational, boat, baggage, and special trailer
tires. . . .
(f) The actual number of plies and the
composition of the ply cord material in the
sidewall and, if different, in the tread area;
. . .
V. Summary of MNA’s Analyses:
MNA stated its belief that the subject
noncompliance is inconsequential to
motor vehicle safety for the following
reasons:
(A) The subject tires meet or exceed
all of the minimum performance
requirements of FMVSS No. 119 for
motorcycle tires, and carry on their
sidewalls all the other required
markings of FMVSS No. 119. The
content of these tires is as designed; it
is only the marking of the generic
material for the casing plies which is
inconsistent with the content. Since the
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]]>Agencies
[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78559-78561]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30240]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0046; Notice 2]
Chrysler Group, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
-----------------------------------------------------------------------
SUMMARY: Chrysler Group, LLC, (Chrysler), now known as Fiat Chrysler
Automobiles NV, 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.
---------------------------------------------------------------------------
\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.
ADDRESSES: For further information on this decision contact Stuart
Seigel, Office of Vehicle Safety Compliance, National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-5287, facsimile
---------------------------------------------------------------------------
(202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. Chrysler's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h)
and the rule implementing those provisions at 49 CFR part 556),
Chrysler has petitioned for an exemption from the notification and
remedy requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential to motor vehicle safety.
Notice of receipt of Chrysler's petition was published, with a 30-
Day public comment period, on June 30, 2014 in the Federal Register (79
FR 36868). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2014-0046.''
II. Vehicles Involved: Affected are vehicles built for the U.S.
territories, approximately 411 MY 2014 Jeep
[[Page 78560]]
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.
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 Decision
NHTSA Analysis: NHTSA has reviewed Chrysler's justification for an
inconsequential noncompliance decision and agrees that, based on the
following analysis, the inadvertent use of an ISO label on the combined
brake telltale for Brake Warning and the Park Brake Warning, poses
little if any risk to motor vehicle safety.
Chrysler stated that there are two conditions which will cause the
subject combined brake warning telltale that is located on the
instrument cluster and labeled with an ISO symbol instead of the
required text ``BRAKE'', to illuminate:
1. The parking brake is applied; and/or
2. The brake fluid level is less than the recommended level.
For each condition, the subject combined telltale is illuminated as
required with the background in contrasting colors, one of which is
red.
In the Cherokee, the parking brake is engaged electronically and a
5 second ``Parking Brake Engaged'' message is displayed in the
Electronic Vehicle Information Center. For the Dart, the parking brake
is activated by pulling up on the parking brake handle which remains
visible to the driver.
In the Dart and Cherokee vehicles, in the event the brake fluid is
less than the recommended level, in addition to the ISO symbol
illumination, redundant notification is provided to the driver of the
existence of the condition by the Electronic Vehicle Information Center
which displays a five second ``Brake Fluid Low'' message that continues
until the condition is corrected.
NHTSA agrees with Chrysler's statement that the functionality of
both the parking brake system and the service brake system remains
unaffected by the mislabeling. Vehicle stopping distance and thus
collision avoidance is not compromised due to the mislabeling.
The ISO symbol has been used on US-certified vehicles for many
years in conjunction with the required text ``BRAKE.'' In addition,
each time the driver activates the parking brake he/she will visually
be reminded of the meaning of the ISO symbol. The parking brake
activation and the representative ISO symbol are operationally linked.
The ISO symbol is also illuminated
[[Page 78561]]
during lamp function each time the vehicle is started. If not familiar
with its meaning, the owner's manual can be referenced which will
explain the relationship with the brake system. Over time, the ISO
symbol has evolved to become increasingly recognizable and
understandable to drivers so if activated they would likely be alerted
to a possible brake system malfunction. We further believe drivers
recognize that a telltale illuminated in red, even if unlabeled,
represents a malfunction which needs to be remedied.
We believe that the combination of the red contrasting color of the
ISO symbol, driver conditioning over time as to the meaning of the ISO
symbol, the vehicle message center warning for the Cherokee indicating
parking brake applied, the noticeable position of the DART parking
brake lever when applied, the reduced drivability of the vehicles when
the vehicle is driven with an applied parking brake, the message center
warning ``Low Brake Fluid'' for both vehicles which remains activated
until the condition is corrected, as well as the availability of the
description of ISO symbol in the Owner's manual are sufficient to
adequately alert the driver should the indicated problems in the
braking system occur.
The manufacturer has shown that the discrepancy with the labeling
requirement is unlikely to lead to any misunderstanding especially
since other sources of correct information beyond the ISO symbol, are
available. Lastly, we note that NHTSA has not received any consumer
complaints regarding subject vehicles noncompliances.
NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that Chrysler has met its burden of persuasion that the FMVSS
No. 101 and FMVSS No. 135 noncompliances are inconsequential to motor
vehicle safety. Accordingly, Chrysler's petition is hereby granted and
Chrysler 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, any decision on
this petition only applies to the subject vehicles that Chrysler no
longer controlled at the time it determined that the noncompliance
existed. However, the granting of this petition does not relieve
Chrysler distributors and dealers of the prohibitions on the sale,
offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant vehicles under their control
after Chrysler notified them that the subject noncompliance existed.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8).
Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-30240 Filed 12-29-14; 8:45 am]
BILLING CODE 4910-59-P
