Chrysler Group, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 78559-78561 [2014-30240]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 21:42 Dec 29, 2014 Jkt 235001 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 PO 00000 Frm 00179 Fmt 4703 Sfmt 4703 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: http://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. E:\FR\FM\30DEN1.SGM 30DEN1 78560 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: 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 (1⁄8inch) 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, VerDate Sep<11>2014 21:42 Dec 29, 2014 Jkt 235001 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 PO 00000 Frm 00180 Fmt 4703 Sfmt 4703 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 E:\FR\FM\30DEN1.SGM 30DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices 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 VerDate Sep<11>2014 21:42 Dec 29, 2014 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: http://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 Frm 00181 Fmt 4703 Sfmt 4703 Sidewall plies 2 polyamide ........................ The correct marking for these tires is: Tread plies SUMMARY: PO 00000 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 E:\FR\FM\30DEN1.SGM 30DEN1

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]


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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: http://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