Kia Motors America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 39676-39678 [2020-14213]
Download as PDF
<![CDATA[
39676
Federal Register / Vol. 85, No. 127 / Wednesday, July 1, 2020 / Notices
The change between the display settings
must be done intentionally and cannot
be accomplished inadvertently.
2. In the affected 2017–2019 MY Audi
A3 vehicles, the two speedometer scales
are noticeably different. Were the
previous driver to have changed the
display, a subsequent driver would be
able to tell at a glance that the scale is
not in mph.
3. The indicated vehicle speed in km/
h is 1.6 times greater than the speed in
mph [in terms of numeric value
displayed by the speedometer—1km/h
is approximately 0.62 MPH]. Audi
purports that if the vehicle operator
changes the display to indicate km/h
and later has not changed the display
back to mph, the vehicle operator will
clearly recognize that the vehicle is
moving at a lower speed than intended
and adjust their vehicle speed to match
road and traffic conditions. Notice of the
speed differential advises the vehicle
operator to perform the necessary steps
to adjust the speedometer back to mph
(at the next appropriate opportunity).
4. The 2017–2019 MY Audi A3
Owner Manual contains information
and instructions for changing the units
displayed, via the Infotainment system,
using the MMI Settings menu.
Therefore, if a vehicle operator needs to
change the display to indicate mph,
instructions are available.
5. As of January 08, 2019, production
has been corrected, vehicles withheld at
the factory have been corrected and
unsold units will be corrected prior to
sale. The correction for these vehicles is
a software fix that permits display of the
speed in mph or in both mph and km/
h simultaneously.
6. Additionally, Volkswagen is not
aware of any field or customer
complaints related to this condition, nor
has it been made aware of any accidents
or injuries that have occurred as a result
of this issue.
Volkswagen 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.
VI. NHTSA’s Analysis: NHTSA has
reviewed Volkswagen’s petition that the
subject noncompliance is
inconsequential to motor vehicle safety.
Volkswagen explains the Audi A3/RS3
vehicles are initially delivered for firstsale in the U.S. market compliant with
FMVSS No. 101 with the speedometer
display factory-set to mph. The subject
vehicles are noncompliant because the
driver can select an alternative
VerDate Sep<11>2014
01:53 Jul 01, 2020
Jkt 250001
speedometer display in the menu setting
of the ‘‘virtual cockpit.’’
Specifically, in Audi A3/RS3 vehicles
equipped with a ‘‘virtual cockpit,’’ if the
driver selects the alternative
speedometer display in the settings
menu, the speedometer displays only
km/h without simultaneously indicating
mph, as required by FMVSS No. 101.
The purpose of FMVSS No. 101 is to
reduce safety hazards caused by the
diversion of the driver’s attention from
the driving task when using controls,
telltales, and indicators.
Volkswagen further explains that all
vehicles display mph from factory
settings and cannot be changed
inadvertently. Additionally, when
displaying km/h, the scale of the
speedometer is different so it would be
visibly apparent to the driver that the
units of measure are different. NHTSA
agrees with Volkswagen that it is
unlikely that the switch from mph to
km/h could be done inadvertently
because specific interactions with the
menu-driven vehicle settings are
required by the operator to make the
change. We believe that if an operator
were to make this change it would be
done intentionally and with some
understanding of the implications and
would not cause any impact to vehicle
safety. Also, if an operator were
unaware that a speedometer had been
changed to display speed in km/h, they
would be likely to travel at a slower
speed rather than faster speed that
might impact safety because the
indicated numeric value of the speed in
km/h would be 1.6 times greater than
the numeric value of the speed in mph.
For example, a driver attempting to
match a speed limit of 40mph using a
speedometer reading ‘‘40’’ in km/h
would be traveling approximately
25mph and have an opportunity to
safely detect the difference between
their speedometer reading and the speed
of nearby traffic. Furthermore, we
believe that the majority of the owners
of these vehicles will continue to
operate them using the factory-set
display (with the speed identified in
mph) and never attempt to change to the
metric units.
VII. NHTSA’s Decision: In
consideration of the foregoing, NHTSA
finds that Volkswagen has met its
burden of persuasion that the subject
FMVSS No. 101 noncompliance is
inconsequential to motor vehicle safety.
Accordingly, Volkswagen’s petition is
hereby granted and Volkswagen is
exempted from the obligation to provide
notification of and free remedy for, the
subject noncompliance in the affected
vehicles under 49 U.S.C. 30118 and
30120.
PO 00000
Frm 00158
Fmt 4703
Sfmt 4703
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
vehicles that Volkswagen no longer
controlled at the time it determined that
the noncompliance 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 Volkswagen 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. 2020–14212 Filed 6–30–20; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2019–0040; Notice 2]
Kia Motors 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:
Kia Motors America, Inc., and
Kia Motors Corporation (collectively
‘‘Kia’’), has determined that certain
model year (MY) 2020 Kia Telluride
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. Kia filed a
noncompliance report dated April 12,
2019, and subsequently petitioned
NHTSA on April 18, 2019, for a
decision that the subject noncompliance
is inconsequential as it relates to motor
vehicle safety. This notice announces
the grant of Kia’s petition.
FOR FURTHER INFORMATION CONTACT:
Kerrin Bressant, Office of Vehicle Safety
SUMMARY:
E:\FR\FM\01JYN1.SGM
01JYN1
Federal Register / Vol. 85, No. 127 / Wednesday, July 1, 2020 / Notices
Compliance, the National Highway
Traffic Safety Administration (NHTSA),
telephone (202) 366–1110, facsimile
(202) 366–5930.
SUPPLEMENTARY INFORMATION:
I. Overview
Kia has determined that certain MY
2020 Kia Telluride motor vehicles do
not fully comply with paragraphs S4.3.3
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). Kia
filed a noncompliance report dated
April 12, 2019, pursuant to 49 CFR part
573, Defect and Noncompliance
Responsibility and Reports, and
subsequently petitioned NHTSA on
April 18, 2019, for an exemption from
the notification and remedy requirement
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.
Notice of receipt of Kia’s petition was
published with a 30-day public
comment period, on August 21, 2019, in
the Federal Register (84 FR 43661). No
comments were received. To view the
petition and all supporting documents
log onto the Federal Docket
Management System (FDMS) website at
https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2019–
0040.’’
II. Vehicles Involved
Approximately 8,773 MY 2020 Kia
Telluride motor vehicles manufactured
between January 10, 2019, and March
27, 2019, are potentially involved.
III. Noncompliance:
Kia explains that the noncompliance
is that the subject vehicles are equipped
with Part 567 certification labels that are
missing the value for the rim size as
required by paragraph S4.3.3 of FMVSS
No. 110. Specifically, the subject
vehicles are equipped with 7.5Jx20 or
7.5Jx18 rims, however, the Part 567
certification labels are missing the ‘‘20’’
or ‘‘18’’ after the ‘‘7.5Jx.’’ The
certification labels also contain a typo.
The ‘‘i’’ in ‘‘psi’’ is missing in the
section of the label, which identifies the
corresponding tire inflation pressure.
IV. Rule Requirements
Paragraphs S4.3.3 of FMVSS No. 110
provide the requirements relevant to
this petition. Each vehicle must show
VerDate Sep<11>2014
01:53 Jul 01, 2020
Jkt 250001
the size designation and, if applicable,
the type designation of rims (not
necessarily those on the vehicle)
appropriate for the tire and appropriate
for use on that vehicle, including the
tire installed as original equipment on
the vehicle by the vehicle manufacturer,
after each GAWR listed on the
certification label required by § 567.4 or
§ 567.5 of this chapter. This information
should be in English, letters block
capitals and numerals not less than 2.4
millimeters high and in the following
format (Truck Example- Suitable TireRim Choice):
GVWR: 2,441 kilograms (5381
pounds).
GAWR: Front-1,299 kilograms (2,864
pounds) with P265/70R16 tires, 16x8.0
rims at 248 kPa (36 psi) cold single.
GAWR: Rear-1,299 kilograms (2,864
pounds) with P265/70R16 tires, 16x8.00
rims at 248 kPa (36 psi) cold single.
V. Summary of Petition
Kia described the subject
noncompliance and stated its belief that
the noncompliance is inconsequential
as it relates to motor vehicle safety.
In support of its petition, Kia
contends that the information missing
from the label is a minor omission
without any adverse safety implications
because the information is readily
available from other sources.
1. Kia states, FMVSS No. 110
paragraph S4.3(d), requires that the tire
and loading information placard state
the tire size designation for the tires
installed on the vehicle at the time of
first purchase. On the affected vehicles,
the FMVSS No. 110 tire and loading
label (which is located directly adjacent
to the certification label on the ‘‘B’’
pillar), contains the correct tire size
dimensions, recommended cold tire
inflation pressure, and vehicle capacity
weight.
2. FMVSS No. 110, paragraph S4.3(f),
also requires the tire and loading
placard to state ‘‘See Owner’s Manual
for Additional Information.’’ The
Owner’s Manual for the 2020 Telluride
provides the wheel rim and tire
information, which the owner can easily
refer to to confirm the correct tire
pressure.
3. The consumer can also check the
tire rims installed on the vehicle to
determine the correct wheel rim size
needed. Kia noted that FMVSS No. 110,
paragraph S.4.4.2(b), requires each rim
to identify, the rim size designation. The
affected vehicles meet the requirements
of this section.
4. Kia is not aware of any accidents
or injuries related to the omitted tire rim
size information or any typos regarding
‘‘psi’’ on the certification label, nor has
PO 00000
Frm 00159
Fmt 4703
Sfmt 4703
39677
it received contact from vehicle owners
regarding this issue.
5. NHTSA has previously granted
similar petitions for inconsequential
noncompliance with FMVSS No. 110,
paragraph S4.3.3, with respect to
missing or incorrect information on the
certification label. See e.g., Hyundai-Kia
America Technical Center, Inc., Grant of
Petition for Decision of Inconsequential
Noncompliance, 78 FR 38445 (June 26,
2013) [granting petition where
certification labels on certain MY 2012
Hyundai Veracruz vehicles were
missing tire size designation
information entirely]; Chrysler Group,
LLC, Grant of Petition for Decision of
Inconsequential Noncompliance, 78 FR
38443 (June 26, 2013) [granting petition
where certification labels in certain MY
2011 Chrysler Town and Country and
Dodge Grand Caravan vehicles
incorrectly identified tire size]; and
BMW of North America, LLC., Grant of
Petition for Decision of Inconsequential
Noncompliance, 78 FR 76408
(December 17, 2013) [granting petition
were certification lab is in certain MY
2012 X3 SAV vehicles contained
incorrect tire and rim information for
the tires and rims installed as original
equipment].
Kia concludes 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.
VI. NHTSA’s Analysis
The intent of FMVSS No. 110 is to
specify requirements for tire selection to
prevent tire overloading. In addition, for
vehicles other than passenger cars, each
vehicle shall show the size designation
and, if applicable, the type designation
of rims (not necessarily those on the
vehicle) appropriate for the tire
appropriate for use on that vehicle,
including the tire installed as original
equipment on the vehicle by the vehicle
manufacturer after each GAWR listed on
the certification label required by 567.4
or 567.5 of this chapter.
The missing rim size information
(specifically the ‘‘rim diameter’’) may
readily be obtained from several
additional sources typically found on
and required to be furnished with the
vehicle. The rim size is marked on the
rims either impressed or embossed. The
rim dimensions may also be found in
the owners’ manual which is referenced
as an information source by the tire and
loading information placard which is
positioned adjacent to the certification
E:\FR\FM\01JYN1.SGM
01JYN1
39678
Federal Register / Vol. 85, No. 127 / Wednesday, July 1, 2020 / Notices
label and is yet another source for tire
and rim dimension information.
FMVSS 110 S4.4.2(b) requires that
each rim be marked with the rim size
designation. By way of pictures taken of
tire rims of affected vehicles, Kia shows
that the affected vehicles are equipped
with rims that are marked with the rim
size and meet the requirements of this
section.
The tire placard required by FMVSS
110 S4.3(d) requires that the tire size
designation be provided for the tires
installed at the time of the first purchase
and FMVSS 110 S4.3(f) requires that the
placard state ‘‘See Owner’s Manual for
Additional Information.’’ Based on
supplied exemplar pictures submitted
by Kia, the affected vehicles meet the
requirements of FMVSS 110 S4.3
NHTSA has historically granted
petitions for inconsequentiality for
inaccurate tire placards where the
grantee has supplied sufficient
reasoning to support such a conclusion.
In addition, Kia has informed NHTSA
that it has corrected future production
and that those vehicles will comply
with FMVSS 110 S4.3.3.
VII. NHTSA’s Decision
In consideration of the foregoing,
NHTSA has decided that Kia has met its
burden of persuasion that the failure to
provide the wheel size information and
the ‘‘i’’ in psi, as required by paragraph
S4.3 of FMVSS No. 110, is
inconsequential to motor vehicle safety.
Accordingly, Kia’s petition is granted,
and it is exempted from the obligation
of providing the notification of, and a
free remedy for, the 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
vehicles that Kia no longer controlled at
the time it determined that the
noncompliance 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/wheels
under their control after Kia notified
them that the subject noncompliance
existed.
VerDate Sep<11>2014
01:53 Jul 01, 2020
Jkt 250001
(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. 2020–14213 Filed 6–30–20; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2019–0079; Notice 2]
Nissan 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:
Nissan North America, Inc.,
(Nissan) has determined that certain
model year (MY) 2019 Nissan Armada
motor vehicles do not fully comply with
Federal Motor Vehicle Safety Standard
(FMVSS) No. 108, Lamps, Reflective
Devices, and Associated Equipment.
Nissan filed a noncompliance report
dated July 1, 2019. Nissan also
petitioned NHTSA on July 24, 2019, for
a decision that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety. This
document announces the grant of
Nissan’s petition.
FOR FURTHER INFORMATION CONTACT:
Leroy Angeles, Office of Vehicle Safety
Compliance, the National Highway
Traffic Safety Administration (NHTSA),
telephone (202) 366–5304, facsimile
(202) 366–3081.
SUPPLEMENTARY INFORMATION: I.
Overview: Nissan has determined that
certain MY 2019 Nissan Armada motor
vehicles do not fully comply with
S7.4.13.1 of FMVSS No. 108, Lamps,
Reflective Devices, and Associated
Equipment (49 CFR 571.108). Nissan
filed a noncompliance report dated July
1, 2019, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports. Nissan also
petitioned NHTSA on July 24, 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.
Notice of receipt of Nissan’s petition
was published with a 30-day public
SUMMARY:
PO 00000
Frm 00160
Fmt 4703
Sfmt 4703
comment period, on October 15, 2019,
in the Federal Register (84 FR 55220).
No comments were received. To view
the petition and all supporting
documents log onto the Federal Docket
Management System (FDMS) website at
https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2019–
0079.’’
II. Vehicles Involved: Approximately
3,009 MY 2019 Nissan Armada motor
vehicles, manufactured between
September 13, 2018, and October 23,
2018, are potentially involved.
III. Noncompliance: Nissan explains
that the noncompliance is that the
subject vehicles are equipped with front
combination lighting assemblies that do
not meet the photometric intensity
requirements as required by paragraph
S7.4.13.1 of FMVSS No. 108.
Specifically, the inner lens of the side
marker lamp is not seated properly in
the headlamp assembly, thus, creating a
gap between the forward edge of the
reflector and the extension portion of
the headlamp assembly. When tested,
the photometric intensity of the side
marker lamp fell below the minimum
photometric intensity required on one of
the 20 headlamp assemblies tested.
IV. Rule Requirements: Paragraph
S7.4.13.1 of FMVSS No. 108 includes
the requirements relevant to this
petition. Each side marker lamp must be
designed to conform to the photometry
requirements of Table X, when tested
according to the procedure of S14.2.1,
for the lamp color as specified by
FMVSS No. 108.
V. Summary of Nissan’s Petition: The
following views and arguments
presented in this section, V. Summary
of Nissan’s petition, are the views and
arguments provided by Nissan.
Nissan described the subject
noncompliance and stated its belief that
the noncompliance is inconsequential
as it relates to motor vehicle safety.
Nissan submitted the following views
and arguments in support of the
petition:
1. Due to a manufacturing issue
affecting only the driver’s side marker
lamp, the reflex reflector (which also
serves as the inner lens for the side
marker) may not be seated properly in
the headlamp assembly, creating a gap
between the forward edge of the
reflector and the extension portion of
the headlamp assembly. The reflector is
restrained from further movement by
the outer lens of the headlamp. The
manufacturing issue has been corrected.
2. Even in the worst-case displaced
position, the side marker lamp is only
minimally below photometric intensity
requirement at one test point. Nissan
E:\FR\FM\01JYN1.SGM
01JYN1
]]>Agencies
[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Notices]
[Pages 39676-39678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14213]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2019-0040; Notice 2]
Kia Motors America, 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: Kia Motors America, Inc., and Kia Motors Corporation
(collectively ``Kia''), has determined that certain model year (MY)
2020 Kia Telluride 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. Kia filed a noncompliance report dated April 12, 2019,
and subsequently petitioned NHTSA on April 18, 2019, for a decision
that the subject noncompliance is inconsequential as it relates to
motor vehicle safety. This notice announces the grant of Kia's
petition.
FOR FURTHER INFORMATION CONTACT: Kerrin Bressant, Office of Vehicle
Safety
[[Page 39677]]
Compliance, the National Highway Traffic Safety Administration (NHTSA),
telephone (202) 366-1110, facsimile (202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. Overview
Kia has determined that certain MY 2020 Kia Telluride motor
vehicles do not fully comply with paragraphs S4.3.3 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). Kia filed a
noncompliance report dated April 12, 2019, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports, and subsequently
petitioned NHTSA on
April 18, 2019, for an exemption from the notification and remedy
requirement 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.
Notice of receipt of Kia's petition was published with a 30-day
public comment period, on August 21, 2019, in the Federal Register (84
FR 43661). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2019-0040.''
II. Vehicles Involved
Approximately 8,773 MY 2020 Kia Telluride motor vehicles
manufactured between January 10, 2019, and March 27, 2019, are
potentially involved.
III. Noncompliance:
Kia explains that the noncompliance is that the subject vehicles
are equipped with Part 567 certification labels that are missing the
value for the rim size as required by paragraph S4.3.3 of FMVSS No.
110. Specifically, the subject vehicles are equipped with 7.5Jx20 or
7.5Jx18 rims, however, the Part 567 certification labels are missing
the ``20'' or ``18'' after the ``7.5Jx.'' The certification labels also
contain a typo. The ``i'' in ``psi'' is missing in the section of the
label, which identifies the corresponding tire inflation pressure.
IV. Rule Requirements
Paragraphs S4.3.3 of FMVSS No. 110 provide the requirements
relevant to this petition. Each vehicle must show the size designation
and, if applicable, the type designation of rims (not necessarily those
on the vehicle) appropriate for the tire and appropriate for use on
that vehicle, including the tire installed as original equipment on the
vehicle by the vehicle manufacturer, after each GAWR listed on the
certification label required by Sec. 567.4 or Sec. 567.5 of this
chapter. This information should be in English, letters block capitals
and numerals not less than 2.4 millimeters high and in the following
format (Truck Example- Suitable Tire-Rim Choice):
GVWR: 2,441 kilograms (5381 pounds).
GAWR: Front-1,299 kilograms (2,864 pounds) with P265/70R16 tires,
16x8.0 rims at 248 kPa (36 psi) cold single.
GAWR: Rear-1,299 kilograms (2,864 pounds) with P265/70R16 tires,
16x8.00 rims at 248 kPa (36 psi) cold single.
V. Summary of Petition
Kia described the subject noncompliance and stated its belief that
the noncompliance is inconsequential as it relates to motor vehicle
safety.
In support of its petition, Kia contends that the information
missing from the label is a minor omission without any adverse safety
implications because the information is readily available from other
sources.
1. Kia states, FMVSS No. 110 paragraph S4.3(d), requires that the
tire and loading information placard state the tire size designation
for the tires installed on the vehicle at the time of first purchase.
On the affected vehicles, the FMVSS No. 110 tire and loading label
(which is located directly adjacent to the certification label on the
``B'' pillar), contains the correct tire size dimensions, recommended
cold tire inflation pressure, and vehicle capacity weight.
2. FMVSS No. 110, paragraph S4.3(f), also requires the tire and
loading placard to state ``See Owner's Manual for Additional
Information.'' The Owner's Manual for the 2020 Telluride provides the
wheel rim and tire information, which the owner can easily refer to to
confirm the correct tire pressure.
3. The consumer can also check the tire rims installed on the
vehicle to determine the correct wheel rim size needed. Kia noted that
FMVSS No. 110, paragraph S.4.4.2(b), requires each rim to identify, the
rim size designation. The affected vehicles meet the requirements of
this section.
4. Kia is not aware of any accidents or injuries related to the
omitted tire rim size information or any typos regarding ``psi'' on the
certification label, nor has it received contact from vehicle owners
regarding this issue.
5. NHTSA has previously granted similar petitions for
inconsequential noncompliance with FMVSS No. 110, paragraph S4.3.3,
with respect to missing or incorrect information on the certification
label. See e.g., Hyundai-Kia America Technical Center, Inc., Grant of
Petition for Decision of Inconsequential Noncompliance, 78 FR 38445
(June 26, 2013) [granting petition where certification labels on
certain MY 2012 Hyundai Veracruz vehicles were missing tire size
designation information entirely]; Chrysler Group, LLC, Grant of
Petition for Decision of Inconsequential Noncompliance, 78 FR 38443
(June 26, 2013) [granting petition where certification labels in
certain MY 2011 Chrysler Town and Country and Dodge Grand Caravan
vehicles incorrectly identified tire size]; and BMW of North America,
LLC., Grant of Petition for Decision of Inconsequential Noncompliance,
78 FR 76408 (December 17, 2013) [granting petition were certification
lab is in certain MY 2012 X3 SAV vehicles contained incorrect tire and
rim information for the tires and rims installed as original
equipment].
Kia concludes 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.
VI. NHTSA's Analysis
The intent of FMVSS No. 110 is to specify requirements for tire
selection to prevent tire overloading. In addition, for vehicles other
than passenger cars, each vehicle shall show the size designation and,
if applicable, the type designation of rims (not necessarily those on
the vehicle) appropriate for the tire appropriate for use on that
vehicle, including the tire installed as original equipment on the
vehicle by the vehicle manufacturer after each GAWR listed on the
certification label required by 567.4 or 567.5 of this chapter.
The missing rim size information (specifically the ``rim
diameter'') may readily be obtained from several additional sources
typically found on and required to be furnished with the vehicle. The
rim size is marked on the rims either impressed or embossed. The rim
dimensions may also be found in the owners' manual which is referenced
as an information source by the tire and loading information placard
which is positioned adjacent to the certification
[[Page 39678]]
label and is yet another source for tire and rim dimension information.
FMVSS 110 S4.4.2(b) requires that each rim be marked with the rim
size designation. By way of pictures taken of tire rims of affected
vehicles, Kia shows that the affected vehicles are equipped with rims
that are marked with the rim size and meet the requirements of this
section.
The tire placard required by FMVSS 110 S4.3(d) requires that the
tire size designation be provided for the tires installed at the time
of the first purchase and FMVSS 110 S4.3(f) requires that the placard
state ``See Owner's Manual for Additional Information.'' Based on
supplied exemplar pictures submitted by Kia, the affected vehicles meet
the requirements of FMVSS 110 S4.3
NHTSA has historically granted petitions for inconsequentiality for
inaccurate tire placards where the grantee has supplied sufficient
reasoning to support such a conclusion. In addition, Kia has informed
NHTSA that it has corrected future production and that those vehicles
will comply with FMVSS 110 S4.3.3.
VII. NHTSA's Decision
In consideration of the foregoing, NHTSA has decided that Kia has
met its burden of persuasion that the failure to provide the wheel size
information and the ``i'' in psi, as required by paragraph S4.3 of
FMVSS No. 110, is inconsequential to motor vehicle safety. Accordingly,
Kia's petition is granted, and it is exempted from the obligation of
providing the notification of, and a free remedy for, the 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 vehicles that Kia no longer controlled at
the time it determined that the noncompliance 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/wheels under their control after Kia 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. 2020-14213 Filed 6-30-20; 8:45 am]
BILLING CODE 4910-59-P
