FCA US, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 553-554 [2019-28472]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 85, Number 3 (Monday, January 6, 2020)]
[Notices]
[Pages 553-554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28472]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0097; Notice 1]


FCA US, LLC, Receipt of Petition for Decision of Inconsequential 
Noncompliance

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

ACTION: Receipt of petition.

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SUMMARY: FCA US LLC (f/k/a Chrysler Group LLC) ``FCA US'' has 
determined that certain model year (MY) 2019 Chrysler Pacifica motor 
vehicles do not fully comply with Federal Motor Vehicle Safety Standard 
(FMVSS) No. 110, Tire Selection and Rims and Motor Home/Recreation 
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles 
with a GVWR of 4,536 Kilograms (10,000 Pounds) or Less. FCA US filed a 
noncompliance report dated August 27, 2019. FCA US subsequently 
petitioned NHTSA on September 20, 2019, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety. 
This document announces receipt of FCA US's petition.

DATES: The closing date for comments on the petition is February 5, 
2020.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket number and notice number cited in the title of this notice and 
may be submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also

[[Page 554]]

be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:

I. Overview

    FCA US has determined that certain MY 2019 Chrysler Pacifica motor 
vehicles do not fully comply with paragraphs S4.3(a) and (b) of FMVSS 
No. 110, Tire Selection and Rims and Motor Home/Recreation Vehicle 
Trailer Load Carrying Capacity Information for Motor Vehicles with a 
GVWR of 4,536 Kilograms (10,000 Pounds) or Less (49 CFR 571.110). FCA 
US filed a noncompliance report dated August 27, 2019, pursuant to 49 
CFR part 573, Defect and Noncompliance Responsibility and Reports. FCA 
US subsequently petitioned NHTSA on September 20, 2019, for an 
exemption from the notification and remedy requirements of 49 U.S.C. 
Chapter 301 on the basis that this noncompliance is inconsequential as 
it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 
30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or 
Noncompliance.
    This notice of receipt of FCA US's petition, is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercises of judgment concerning the merits of the petition.

II. Vehicles Involved

    Approximately 350 MY 2019 Chrysler Pacifica motor vehicles, 
manufactured between October 4, 2018, and July 3, 2019, are potentially 
involved.

III. Noncompliance

    FCA US explains that the noncompliance is that the subject vehicles 
tire placard label erroneously states the seating capacity as seven 
occupants rather than eight occupants, and shows a combined occupant 
and cargo weight of 1,150 lbs. rather than 1,240 lbs. as required by 
paragraph S4.3 of FMVSS No. 110.

IV. Rule Requirements

    Paragraphs S4.3(a) and S4.3(b) of FMVSS No. 110 include the 
requirements relevant to this petition. Each vehicle, except for a 
trailer or incomplete vehicle, shall show the information specified in 
paragraphs S4.3(a), vehicle capacity weight expressed as the combined 
weight of occupants and cargo and S4.3(b) designated seated capacity 
(expressed in terms of total number of occupants and number of 
occupants for each front and rear seat location.

V. Summary of FCA US's Petition

    The following views and arguments presented in this section, are 
the views and arguments provided by FCA US. They have not been 
evaluated by the Agency and do not reflect the views of the Agency.
    FCA US described the subject noncompliance and stated that the 
noncompliance is inconsequential as it relates to motor vehicle safety. 
FCA US submitted the following views and arguments in support of the 
petition:
    1. While the number of occupants and the calculated weight are 
incorrect on the vehicle placard label, the calculated weight for seven 
occupants (1,150 lbs.) is below the calculated weight for eight 
occupants (1,240 lbs.), and therefore, there is no risk of vehicle 
overloading.
    2. All information required for maintaining and/or replacing the 
front and rear tires is correct on the vehicle placard of the affected 
vehicles. In fact, the recommended cold tire inflation pressures for 
both the seven occupants and the eight occupant vehicles are the same. 
Therefore, there is no risk of under-inflation.
    3. All other applicable requirements of FMVSS No. 110 have been 
met.
    4. The vehicle certification label is correct. Vehicles with seven 
occupants and eight occupants share the same Gross Vehicle Weight 
Rating (6055 lbs.), and front and rear Gross Axle Weight Rating (2950 
lbs. and 3200 lbs., respectively).
    5. The number of seats and the number of safety belts installed in 
the vehicle will clearly indicate to a vehicle owner the actual seating 
capacity, the rear seating of the affected vehicles contains six seat 
belt assemblies, and provides adequate space for six people to occupy 
the rear seats. Further, the vehicle in fact does accommodate six 
occupants, and not five as labeled.
    6. FCA US is not aware of any crashes, injuries, or customer 
complaints associated with this condition.
    7. NHTSA has previously granted inconsequential treatment for FMVSS 
110 noncompliance for incorrect vehicle placard seated capacity values. 
Examples of the agency granting a similar inconsequentiality petition 
for vehicle placard incorrect seated capacity are:
     General Motors, LLC, 79 FR 69557 (November 21, 2014)
     Ford Motor Company, 74 FR 69373 (December 31, 2009)
     BMW of North America, LLC, a Subsidiary of BMW AG, 78 FR 
43964 (July 22, 2013)
    FCA US concluded that the subject noncompliance is inconsequential 
as it relates to motor vehicle safety, and that its petition to be 
exempted from providing notification of the noncompliance, as required 
by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 
49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, any decision on 
this petition only applies to the subject vehicles that FCA US no 
longer controlled at the time it determined that the noncompliance 
existed. However, any decision on this petition does not relieve 
vehicle distributors and dealers of the prohibitions on the sale, offer 
for sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant vehicles under their control after FCA US 
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)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-28472 Filed 1-3-20; 8:45 am]
 BILLING CODE 4910-59-P