FCA US LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 21790-21792 [2021-08447]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Pages 21790-21792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08447]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0121; 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.

-----------------------------------------------------------------------

SUMMARY: FCA US LLC (f/k/a Chrysler Group LLC) (``FCA US'') has 
determined that certain model year (MY) 2017-2020 Dodge Charger Pursuit 
motor vehicles with Officer Protection Package (``OPP'') modules do not 
fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 
102, Transmission Shift Position Sequence, Starter Interlock, and 
Transmission Braking Effect and FMVSS No. 118, Power-Operated Window, 
Partition, and Roof Panel Systems. FCA US filed a noncompliance report 
dated November 13, 2020, and subsequently petitioned NHTSA on December 
4, 2020, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety. This notice 
announces receipt of FCA US's petition.

DATES: Send comments on or before May 24, 2021.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and 
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 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 docket. 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).

FOR FURTHER INFORMATION CONTACT: Frederick Smith, Compliance Engineer, 
NHTSA, Office of Vehicle Safety Compliance, (202) 366-7487 or Ahmad 
Barnes, Compliance Engineer, NHTSA, Office of Vehicle Safety 
Compliance, (202) 366-7236.

SUPPLEMENTARY INFORMATION: 
    I. Overview: FCA US has determined that certain MY 2017-2020 Dodge 
Charger Pursuit motor vehicles with OPP modules do not fully comply 
with the requirements of paragraph S3.1.4.1 of FMVSS No. 102, 
Transmission Shift Position Sequence, Starter Interlock, and 
Transmission Braking Effect (49 CFR 571.102) and paragraph S5.1 of 
FMVSS No. 118, Power-Operated Window, Partition, and Roof Panel Systems 
(49 CFR 571.118). FCA US filed a noncompliance report dated November 
13, 2020, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. FCA US subsequently petitioned NHTSA on 
December 4, 2020, 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 exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 27,593 MY 2017-2020 Dodge 
Charger Pursuit motor vehicles with OPP modules, manufactured between 
October 17, 2016, and October 30, 2020, are potentially involved.
    III. Noncompliance: FCA US explains that the noncompliance is 
occurs when the OPP module is in Surveillance Mode, the subject 
vehicles' PRNDL display will indicate the vehicle is in the REVERSE 
``R'' position while the transmission is actually in the PARK ``P'' 
position and, therefore, do not fully meet the requirements specified 
in paragraph S3.1.4.1 of FMVSS No. 102. Additionally, when Surveillance 
Mode is activated, the driver and passenger power-operated windows in 
the subject

[[Page 21791]]

vehicles will only stop but do not reverse direction in the event that 
an obstruction is detected and, therefore, does not fully meet the 
requirements specified in S5.1 of FMVSS No. 118.
    IV. Rule Requirements: Paragraph S3.1.4.1 of FMVSS No. 102 and 
paragraph S5.1 of FMVSS No. 118 include the requirements relevant to 
this petition. Except as specified in paragraph S3.1.4.3 of FMVSS No. 
102, if the transmission shift position sequence includes a park 
position, identification of shift positions, including the positions in 
relation to each other and the position selected, shall be displayed in 
view of the driver whenever any of the following conditions exist (a) 
the ignition is in a position where the transmission can be shifted, or 
(b) the transmission is not in park. While closing, the power-operated 
window, partition, or roof panel shall stop and reverse direction 
either before contacting a test rod with properties described in 
paragraphs S8.2 or S8.3 of FMVSS No. 118, or before exerting a 
squeezing force of 100 newtons (N) or more on a semi-rigid cylindrical 
test rod with the properties described in paragraph S8.1 when such test 
rod is placed through the window partition, or roof panel opening at 
any location in the manner described in the applicable test under 
paragraph S7.
    V. Summary of FCA US's Petition: The following views and arguments 
presented in this section, ``V. Summary of FCA US's Petition,'' 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 describes 
the subject noncompliances and contends that the noncompliances are 
inconsequential as they relate to motor vehicle safety.
    In support of its petition, FCA US submitted the following 
reasoning:
    1. Functionality of the Officer Protection Module and Surveillance 
Mode: FCA US says that, as the name implies, the purpose of the OPP 
module when activated (i.e., put in ``Surveillance Mode'') is to 
provide warning and some measure of protection for law enforcement 
officers against ambush from the rear of the vehicle while parked. FCA 
US states that they provided the OPP module, manufactured by 
InterMotive Inc., (``InterMotive''), free of charge to Police 
Departments as part of the purchase of a MY 2017-2020 Dodge Charger 
Pursuit vehicle. The OPP module is a ``plug and play'' module, shipped 
separately from the vehicle and installed by the Police Department or 
an installer of its choice.
    When Surveillance Mode is activated, the reverse camera display 
will turn on. Surveillance Mode uses the rear Park Assist system in the 
Charger Pursuit vehicle. If any of the sensors detect a presence while 
in Surveillance Mode, the vehicle will chime indicating which sensor 
tripped, and then the OPP module will lock all the doors, roll the 
driver and passenger front windows up and flash the rear lights. Again, 
these actions are intended to increase an officer's situational 
awareness when parked and working inside the vehicle.
    Surveillance Mode must be turned on by the driver, and it will only 
engage if all of the following conditions are met:
     The vehicle ignition must be in the RUN position;
     The transmission must be in PARK;
     Vehicle speed must be zero;
     All doors must be closed;
     Service brake must not be applied; and
     The driver must choose to activate Surveillance Mode by 
pressing a switch.
    If any one of these conditions is not met, then the OPP module will 
not activate Surveillance Mode.
    Once Surveillance Mode is active, it will deactivate if/when any of 
the following occurs:
     The vehicle ignition is switched to the OFF position;
     The driver door is opened;
     The service brake is pressed;
     The Surveillance Mode switch is pressed; or
     The Transmission is shifted out of PARK.
    Once the OPP Surveillance Mode is deactivated, all vehicle 
operations return to normal function, including accurate transmission 
shift position display and auto-reversing power window operation. It 
should be noted that the operation of the rear windows is not affected 
while Surveillance Mode is active.
    In order for the OPP module to activate the ParkView rear backup 
camera, it must tell the vehicle's other computer systems that the 
vehicle is in REVERSE, even though the transmission is actually in 
PARK. As a result, the PRNDL display will incorrectly show ``R'' when 
FMVSS No. 102 requires it to display ``P.'' As mentioned above, this 
condition only exists while the OPP system is activated in Surveillance 
Mode and will be immediately corrected if any of the deactivation 
criteria occur, including an attempt to shift the vehicle out of PARK.
    2. Justification for Petition for a Determination of 
Inconsequentiality:
    FCA US believes these technical noncompliances are inconsequential 
to motor vehicle safety for the following reasons:

a. FMVSS No. 102

    When the OPP module is in Surveillance Mode, the PRNDL display 
indicates the vehicle is in REVERSE while the transmission is actually 
in PARK. If a driver attempts to shift the transmission, he must press 
the brake pedal because of the brake shift interlock system. Once the 
brake pedal is depressed, Surveillance Mode deactivates, and the 
correct gear position will be immediately displayed. Further, the 
driver must have parked the vehicle, left the ignition in the RUN 
position, had all doors closed, and intentionally activated 
Surveillance Mode.
    Surveillance Mode of the OPP module does not increase the 
likelihood of shifting errors. The temporary noncompliance of 
displaying an inaccurate transmission shift position in the limited 
circumstances when Surveillance Mode is intentionally activated is not 
likely to result in a shifting error, since Surveillance Mode 
deactivates and immediately cures the technical noncompliance if the 
driver attempts to shift the transmission.
    NHTSA has previously granted inconsequential treatment for FMVSS 
No. 102 transmission position indication noncompliances. Examples of 
the Agency granting similar inconsequentiality petitions for temporary 
incorrect gear position display include:

 General Motors 53 FR 12638 (April 15, 1988)
 General Motors 58 FR 33296 (June 16, 1993)
 Nissan 64 FR 38701 (July 19, 1999)
 Workhorse Custom Chassis 70 FR 21492 (April 26, 2005)
 Honda 71 FR 34413 (June 14, 2006)
 General Motors 76 FR 73006 (November 28, 2011)
 Nissan 78 FR 59090 (September 25, 2013)
 Paccar 79 FR 17648 (March 28, 2014)
 Ford 80 FR 42604 (July 17, 2015)
 Ford 80 FR 64058 (October 22, 2015)
 General Motors 81 FR 17761 (March 30, 2016)

    FCA US believes that the noncompliance in this instance is similar 
to the situation presented in Nissan's petition where Nissan explains 
``that the noncompliance is that, on the affected vehicles, a unique 
sequence of actions can lead the shift position indicator to 
incorrectly display the shift position as required by paragraph 
S3.1.4.1 of FMVSS No. 102.'' See 78 FR 59090-59091 (September 25, 
2013). Nissan further explained that ``[t]his issue only occurs when 
the ignition is switched from ``ON'' into ``ACC'' mode

[[Page 21792]]

and the engine is off. Further, the vehicle cannot be restarted unless 
the ignition is switched out of ``ACC'' at which point the shift 
position indicator would reset and show the correct position.'' (Id.) 
FCA US cited the Agency as agreeing with Nissan, that under these 
``rare'' circumstances, ``the noncompliance poses little if any risk to 
motor vehicle safety.'' FCA US says that similar to Nissan's case, in 
the Charger Pursuit vehicles, the inaccurate transmission shift 
position display occurs only when a specific set of conditions are 
present after the operator intentionally activates Surveillance Mode. 
The inaccurate transmission shift position display returns to the 
correct position immediately upon pressing the brake, opening the 
driver's door, shifting the transmission, or pressing the Surveillance 
Mode switch. Importantly, the vehicle cannot be operated in the 
noncompliant condition.

b. FMVSS No. 118

    When the OPP module is in Surveillance Mode, detection of a 
presence at the rear of the vehicle will initiate automatic window 
closure of the driver and passenger front windows. While closing, the 
power-operated windows will stop when an obstruction is detected, 
however, they will not reverse direction. Removal of the reverse 
direction feature was a conscious design decision made by the creator 
of the OPP module, InterMotive, to facilitate the purpose of the 
module--the safety and protection of law enforcement officers.
    FCA US says that the regulatory history of the standard confirms 
that the primary concern is the risk to children. FCA US cited the 
Agency as saying, ``The Agency's experience is that children are the 
group of people most likely at risk from inadvertent or unsupervised 
operation of power windows.'' See 57 FR 23958 (June 5, 1992). FCA US 
believes that given the police surveillance circumstances in which this 
noncompliance would manifest, children are highly unlikely to be 
present in the motor vehicle. FCA US says that NHTSA has previously 
granted a petition for a determination of inconsequential noncompliance 
based on an analysis of whether children were likely to be present in 
the front seat of the noncompliant delivery trucks. FCA US cited the 
Agency as saying, ``NHTSA agrees that, given the nature and intended 
use of the subject vocational vehicles, it would be unlikely for 
children to be placed in the front passenger seating area.'' See 81 FR 
87654-87656 (December 5, 2016). FCA US believes this purpose can be 
fulfilled while also protecting law enforcement officers.
    FCA US contends that successful activation of Surveillance Mode 
requires a specific set of conditions. Not only must the vehicle be in 
the RUN position, in PARK, with the doors closed and no application of 
the service brake, the driver must choose to activate the Surveillance 
Mode. When Surveillance Mode is activated, the backup camera view will 
be displayed on the radio head unit. This is an immediate visual cue 
that the OPP module is in Surveillance Mode. It is unlikely that 
Surveillance Mode would be inadvertently activated, and even if it 
were, it is easily recognizable.
    Deactivation of Surveillance Mode is easily achieved. It is much 
more likely that Surveillance Mode can be inadvertently deactivated 
rather than inadvertently activated. Switching the vehicle ignition to 
the OFF position, opening the driver door, pressing the service brake, 
shifting the transmission out of PARK, or pressing the Surveillance 
Mode switch immediately restores normal vehicle functionality, 
including reverse direction functionality of the driver and passenger 
front power windows. Surveillance Mode cannot be latched on from key 
cycle to key cycle, as a requirement for Surveillance Mode is the 
ignition in the RUN position. Again, switching the vehicle ignition to 
OFF deactivates Surveillance Mode.
    Purchasers of Charger Pursuit vehicles who request the OPP module 
are law enforcement agencies. Officers of such law enforcement agencies 
are highly trained and sophisticated vehicle operators. Law enforcement 
personnel use vehicles much differently than the average vehicle owner, 
and are accustomed to, if not expect, unique vehicle attributes while 
engaged in law enforcement duties.
    The OPP module is a ``plug and play'' module that can be easily 
removed when and if the law enforcement agency sells the vehicle into 
the civilian market. FCA US acknowledges, however, that the law 
enforcement agencies cannot be required to remove the OPP module from 
the vehicle prior to such sale.
    Lastly, FCA US is not aware of any injuries, or customer complaints 
associated with the condition.
    FCA US concludes by again contending 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. 2021-08447 Filed 4-22-21; 8:45 am]
BILLING CODE 4910-59-P