Chrysler Group LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 17763-17764 [2016-07143]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices Inconsequential Noncompliance, 56 FR 33323 (July 19, 1991), the noncompliance would only manifest itself when the headlight high beams were turned on and the cigar lighter was activated. In this situation the required high beam telltale could dim or extinguish altogether for a short period of time while the cigar lighter was being powered. The petition was granted because the agency determined there was no consequence to motor vehicle safety attached to the extinguishment of the high beam telltale. In the second petition, submitted by Nissan, Nissan North America, Incorporated, Grant of Petition for Decision of Inconsequential Noncompliance, 78 FR 59090 (Sept. 25, 2013), under rare circumstances the transmission gear selected was not always displayed correctly as required. The petition was granted because it was only possible for the gear indication to extinguish when the engine was inactive and the vehicle was inoperable. Upon reactivating the engine the gear indicator displayed the correct gear. Advocates for Highway and Auto Safety (Advocates), provided comments about GM’s petition in response to the petition receipt notice published in the Federal Register. The Advocates do not specifically support the granting or denial of GM’s petition, but believe that the existence of such a malfunction raises serious questions regarding vehicle design which can lead to this kind of situation. Finally, GM states that they are not aware of any reported instrument cluster resets as a result of the subject condition. NHTSA’S Decision: In consideration of the foregoing, NHTSA finds that GM has met its burden of persuasion that the FMVSS No. 102 noncompliance in the affected vehicles is inconsequential to motor vehicle safety. Accordingly, GM’s petition is hereby granted and GM is consequently exempted from the obligation of providing notification of, and a free remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, this decision only applies to the subject noncompliant vehicles that GM no longer controlled at the time it determined that the noncompliance VerDate Sep<11>2014 18:06 Mar 29, 2016 Jkt 238001 existed. However, the granting of this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after GM notified them that the subject noncompliance existed. Authority: 49 U.S.C. 30118, 30120: Delegations of authoriy at 49 CFR 1.95 and 501.8. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2016–07092 Filed 3–29–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2014–0056; 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) 1 has determined that certain model year (MY) 2013 and 2014 Fiat brand, 500e model, passenger cars do not fully comply with paragraph S5.4.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. Chrysler has filed an appropriate report dated April 1, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Chrysler then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety. ADDRESSES: For further information on this decision contact John Finneran, Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5289, 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. 1 Chrysler is a wholly owned subsidiary of the automaker Fiat S.p.A. PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 17763 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 19, 2014 in the Federal Register (79 FR 35227). 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– 0056.’’ II. Vehicles Involved Affected are approximately 3,447 MY 2013 and 2014 Fiat brand, 500e model, passenger cars manufactured between March 21, 2013 and February 11, 2014 at Chrysler’s Toluca Assembly Plant. III. Noncompliance Chrysler explains that the noncompliance is that the low tire pressure indicator telltale installed on the subject vehicles is orange in color rather than yellow as required by paragraph S5.4.1 of FMVSS No. 101. IV. Rule Text Paragraph S5.4 of FMVSS No. 101 requires in pertinent part: S5.4 Color S5.4.1 The light of each telltale listed in Table 1 must be of the color specified for that telltale in column 6 of that table. V. Summary of Chrysler’s Analyses Chrysler stated that in the FMVSS No. 138 Final Rule (Federal Register Volume 70, Number 67 (April 8, 2005)) NHTSA indicated that the intent of a TPMS warning telltale is to notify the operator of safety consequences that do not constitute an emergency requiring immediate service. While the affected vehicles may display an orange TPMS telltale, Chrysler’s position is the operator notification conveys the appropriate message to the operator when there is either significant tire under-inflation or a TPMS malfunction. Chrysler’s reasoning in support of the position is as follows: • For the subject vehicles, if the TPMS telltale is illuminated and the operator does not understand its meaning, the TPMS telltale graphic is shown and described in the Introduction, Instrument Cluster Descriptions, and Starting and Operating sections of the vehicle owner’s manual. An operator can easily refer to the owner’s manual and determine the TPMS telltale relates to significant tire under-inflation or a TPMS malfunction. The owner’s manual E:\FR\FM\30MRN1.SGM 30MRN1 17764 Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices does not reference the color of the TPMS telltale, but rather that it ‘‘illuminates’’ in the event of low tire pressure and/or TPMS fault. • In the event there is significant under-inflation of tires, the TPMS telltale is illuminated and the instrument cluster Electronic Vehicle Information Center (EVIC) will display a highlighted graphic of the locations including the pressure values of the affected tires. • In the event there is a TPMS fault, the telltale will flash on and off for 75 seconds and then maintain a continuous illumination. The system fault will sound a chime and also display a ‘‘Service TPM System’’ message in the EVIC for approximately 3 seconds. This message contains the same symbol as the telltale. If the ignition switch is cycled, this sequence will repeat, providing the system fault still exists. If the system fault no longer exists, the TPMS telltale will no longer flash, and the ‘‘Service TPM System’’ message will no longer display. In addition to the TPMS telltale alerting the operator of a significant loss of tire pressure, or a TPMS malfunction as required, the EVIC messages and owner’s manual provide more than the minimum level of information required aiding the operator’s association of the illuminated telltale with an appropriate response. Chrysler also made reference to a previous petition for inconsequential noncompliance that addressed labeling issues that NHTSA granted. Chrysler has additionally informed NHTSA that it has corrected the noncompliance so that all future production vehicles will comply with FMVSS No. 101. In summation, Chrysler believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt Chrysler from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted. asabaliauskas on DSK3SPTVN1PROD with NOTICES NHTSA’S Decision NHTSA’S Analysis: Chrysler explained that if the TPMS telltale is illuminated and the operator does not understand its meaning, the operator can easily refer to the owner’s manual and determine that the TPMS telltale relates to significant tire under-inflation or a TPMS malfunction. Chrysler also stated that the owner’s manual does not reference the color of the TPMS telltale, but rather that it ‘‘illuminates’’ in the VerDate Sep<11>2014 18:06 Mar 29, 2016 Jkt 238001 event of low tire pressure and/or TPMS fault. NHTSA understands that many vehicle operators are not familiar with the standard TPMS telltale used in vehicles today. The agency anticipates that regardless of TPMS telltale color, yellow or orange, vehicle operators familiar with the telltale symbol will not be confused by the telltale color, and those not familiar with the telltale symbol will still have to reference the owner’s manual to determine the meaning when illumination occurs. Chrysler explained that in the event there is a significant low inflation pressure condition, the TPMS telltale will illuminate as required, and the instrument cluster Electronic Vehicle Information Center (EVIC) will display a highlighted graphic depicting locations and pressure values of affected tires. The agency is in agreement with Chrysler that the information provided by the EVIC is in addition to the telltale required by the TPMS safety standard (FMVSS No. 138). The EVIC information and warnings will aid the vehicle operator in the recognition of low tire inflation pressure and TPMS system malfunctions. For the reasons stated above, the agency concludes that in the case of the subject vehicles, the low tire pressure indicator telltales installed on the subject vehicles being orange in color rather than yellow poses little if any risk to motor vehicle safety. NHTSA’S Decision: In consideration of the foregoing, NHTSA finds that Chrysler has met its burden of persuasion that the subject FMVSS No. 101 noncompliance in the subject vehicles is 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 free 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, PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 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, Director, Office of Vehicle Safety Compliance. [FR Doc. 2016–07143 Filed 3–29–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0113; Notice 2] Nitto Tire U.S.A, Inc., Grant of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. SUMMARY: Nitto Tire U.S.A., Inc. (Nitto), has determined that certain Nitto NT05 passenger car tires manufactured between December 14, 2014 and August 1, 2015, do not fully comply with paragraph S5.5(e) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. Nitto filed a report 1 pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Nitto then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety. 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. Overview Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Nitto 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. 1 Originally dated September 15, 2015 under the name of its parent company Toyo Tire Holdings of Americas Inc., and refiled under its own name on November 5, 2015. E:\FR\FM\30MRN1.SGM 30MRN1

Agencies

[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Notices]
[Pages 17763-17764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07143]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0056; 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) \1\ has determined that certain 
model year (MY) 2013 and 2014 Fiat brand, 500e model, passenger cars do 
not fully comply with paragraph S5.4.1 of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 101, Controls and Displays. Chrysler has filed an 
appropriate report dated April 1, 2014, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports. Chrysler then 
petitioned NHTSA under 49 CFR part 556 requesting a decision that the 
subject noncompliance is inconsequential to motor vehicle safety.
---------------------------------------------------------------------------

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

ADDRESSES: For further information on this decision contact John 
Finneran, Office of Vehicle Safety Compliance, National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5289, 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 19, 2014 in the Federal Register (79 
FR 35227). 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-2014-0056.''

II. Vehicles Involved

    Affected are approximately 3,447 MY 2013 and 2014 Fiat brand, 500e 
model, passenger cars manufactured between March 21, 2013 and February 
11, 2014 at Chrysler's Toluca Assembly Plant.

III. Noncompliance

    Chrysler explains that the noncompliance is that the low tire 
pressure indicator telltale installed on the subject vehicles is orange 
in color rather than yellow as required by paragraph S5.4.1 of FMVSS 
No. 101.

IV. Rule Text

    Paragraph S5.4 of FMVSS No. 101 requires in pertinent part:

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

V. Summary of Chrysler's Analyses

    Chrysler stated that in the FMVSS No. 138 Final Rule (Federal 
Register Volume 70, Number 67 (April 8, 2005)) NHTSA indicated that the 
intent of a TPMS warning telltale is to notify the operator of safety 
consequences that do not constitute an emergency requiring immediate 
service. While the affected vehicles may display an orange TPMS 
telltale, Chrysler's position is the operator notification conveys the 
appropriate message to the operator when there is either significant 
tire under-inflation or a TPMS malfunction.
    Chrysler's reasoning in support of the position is as follows:
     For the subject vehicles, if the TPMS telltale is 
illuminated and the operator does not understand its meaning, the TPMS 
telltale graphic is shown and described in the Introduction, Instrument 
Cluster Descriptions, and Starting and Operating sections of the 
vehicle owner's manual. An operator can easily refer to the owner's 
manual and determine the TPMS telltale relates to significant tire 
under-inflation or a TPMS malfunction. The owner's manual

[[Page 17764]]

does not reference the color of the TPMS telltale, but rather that it 
``illuminates'' in the event of low tire pressure and/or TPMS fault.
     In the event there is significant under-inflation of 
tires, the TPMS telltale is illuminated and the instrument cluster 
Electronic Vehicle Information Center (EVIC) will display a highlighted 
graphic of the locations including the pressure values of the affected 
tires.
     In the event there is a TPMS fault, the telltale will 
flash on and off for 75 seconds and then maintain a continuous 
illumination. The system fault will sound a chime and also display a 
``Service TPM System'' message in the EVIC for approximately 3 seconds. 
This message contains the same symbol as the telltale. If the ignition 
switch is cycled, this sequence will repeat, providing the system fault 
still exists. If the system fault no longer exists, the TPMS telltale 
will no longer flash, and the ``Service TPM System'' message will no 
longer display.
    In addition to the TPMS telltale alerting the operator of a 
significant loss of tire pressure, or a TPMS malfunction as required, 
the EVIC messages and owner's manual provide more than the minimum 
level of information required aiding the operator's association of the 
illuminated telltale with an appropriate response.
    Chrysler also made reference to a previous petition for 
inconsequential noncompliance that addressed labeling issues that NHTSA 
granted.
    Chrysler has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production vehicles will comply with 
FMVSS No. 101.
    In summation, Chrysler believes that the described noncompliance of 
the subject vehicles is inconsequential to motor vehicle safety, and 
that its petition, to exempt Chrysler from providing recall 
notification of noncompliance as required by 49 U.S.C. 30118 and 
remedying the recall noncompliance as required by 49 U.S.C. 30120 
should be granted.

NHTSA'S Decision

    NHTSA'S Analysis: Chrysler explained that if the TPMS telltale is 
illuminated and the operator does not understand its meaning, the 
operator can easily refer to the owner's manual and determine that the 
TPMS telltale relates to significant tire under-inflation or a TPMS 
malfunction. Chrysler also stated that the owner's manual does not 
reference the color of the TPMS telltale, but rather that it 
``illuminates'' in the event of low tire pressure and/or TPMS fault.
    NHTSA understands that many vehicle operators are not familiar with 
the standard TPMS telltale used in vehicles today. The agency 
anticipates that regardless of TPMS telltale color, yellow or orange, 
vehicle operators familiar with the telltale symbol will not be 
confused by the telltale color, and those not familiar with the 
telltale symbol will still have to reference the owner's manual to 
determine the meaning when illumination occurs.
    Chrysler explained that in the event there is a significant low 
inflation pressure condition, the TPMS telltale will illuminate as 
required, and the instrument cluster Electronic Vehicle Information 
Center (EVIC) will display a highlighted graphic depicting locations 
and pressure values of affected tires.
    The agency is in agreement with Chrysler that the information 
provided by the EVIC is in addition to the telltale required by the 
TPMS safety standard (FMVSS No. 138). The EVIC information and warnings 
will aid the vehicle operator in the recognition of low tire inflation 
pressure and TPMS system malfunctions.
    For the reasons stated above, the agency concludes that in the case 
of the subject vehicles, the low tire pressure indicator telltales 
installed on the subject vehicles being orange in color rather than 
yellow poses little if any risk to motor vehicle safety.
    NHTSA'S Decision: In consideration of the foregoing, NHTSA finds 
that Chrysler has met its burden of persuasion that the subject FMVSS 
No. 101 noncompliance in the subject vehicles is 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 free 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,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-07143 Filed 3-29-16; 8:45 am]
 BILLING CODE 4910-59-P