FCA US LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 21658-21660 [2024-06653]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 21658 Federal Register / Vol. 89, No. 61 / Thursday, March 28, 2024 / Notices Highway Safety Improvement Program (HSIP) as a core federal-aid program with the purpose to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal lands. The HSIP requires a data-driven, strategic approach to improving highway safety on all public roads that focuses on performance. The existing provisions of Title 23 U.S.C. 130, Railway-Highway Crossings Program, as well as implementing regulations in 23 CFR 924, remain in effect. Included in these combined provisions are requirements for State DOTs to annually produce and submit to FHWA by August 31 reports related to the implementation and effectiveness of their HSIPs, that are to include information on: (a) progress being made to implement HSIP projects and the effectiveness of these projects in reducing traffic fatalities and serious injuries [Sections 148(h)]; and (b) progress being made to implement the Railway-Highway Crossings Program and the effectiveness of the projects in that program [Sections 130(g) and 148(h)], which will be used by FRA to produce and submit reports to Congress. To be able to produce these reports, State DOTs must have safety data and analysis systems capable of identifying and determining the relative severity of hazardous highway locations on all public roads, based on both crash experience and crash potential, as well as determining the effectiveness of highway safety improvement projects. FHWA provides an online reporting tool to support the annual HSIP reporting process. Additional information is available on the Office of Safety website at https://safety.fhwa.dot.gov/hsip/ resources/onrpttool/. Reporting into the online reporting tool meets all report requirements and USDOT website compatibility requirements. The information contained in the annual HSIP reports provides FHWA with a means for monitoring the effectiveness of these programs and may be used by Congress for determining the future HSIP program structure and funding levels. Respondents: 50 State Transportation Departments, the District of Columbia, and Puerto Rico. Frequency: Annually. Estimated Average Burden per Response: 150 hours for the Highway Safety Improvement Program (HSIP) report and 100 Railway-Highway Crossing Program (RHCP) report. Estimated Total Annual Burden Hours: Total estimated average annual burden is 12,900 hours. VerDate Sep<11>2014 20:27 Mar 27, 2024 Jkt 262001 Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FHWA’s performance; (2) the accuracy of the estimated burdens; (3) ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended; and 49 CFR 1.48. Issued On: March 25, 2024. Jazmyne Lewis, Information Collection Officer. [FR Doc. 2024–06597 Filed 3–27–24; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2023–0046; Notice 1] FCA US LLC, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: FCA US LLC (FCA) has determined that certain model year (MY) 2022–2023 Ram ProMaster vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. FCA filed a noncompliance report dated April 13, 2023, and subsequently petitioned NHTSA (the ‘‘Agency’’) on May 5, 2023, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of FCA’s petition. DATES: Send comments on or before April 29, 2024. 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 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– SUMMARY: PO 00000 Frm 00176 Fmt 4703 Sfmt 4703 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 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). FOR FURTHER INFORMATION CONTACT: Frederick Smith, General Engineer, NHTSA, Office of Vehicle Safety Compliance, (202) 366–7487. E:\FR\FM\28MRN1.SGM 28MRN1 Federal Register / Vol. 89, No. 61 / Thursday, March 28, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 SUPPLEMENTARY INFORMATION: I. Overview: FCA determined that certain MY 2022–2023 Ram ProMaster vehicles do not fully comply with paragraph S5.3 of FMVSS No. 101, Controls And Displays (49 CFR 571.101). FCA filed a noncompliance report dated April 13, 2023, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. FCA petitioned NHTSA on May 5, 2023, 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’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or another exercise of judgment concerning the merits of the petition. II. Vehicles Involved: Approximately 9,101 MY 2022–2023 Ram ProMaster vans, manufactured between August 30, 2021, and March 23, 2023, were reported by the manufacturer. III. Noncompliance: FCA explains that the subject vehicles equipped with a 3.5-inch IPC and adaptive cruise control (‘‘ACC’’) may have been built with IPC software that can cause the IPC to go blank for four to five seconds while it resets, and therefore does not comply with paragraph S5.3 of FMVSS No. 101. Specifically, if the ACC is engaged and in ready mode, and if the driver rapidly presses the speed control button (three or more times in one second), the system can incorrectly detect a fault and trigger a cluster reset. During this reset, the cluster display will go blank, and the speedometer indicator will go to zero before resetting. IV. Rule Requirements: Paragraph S5.3 of FMVSS No. 101 includes the requirements relevant to this petition. Paragraph S5.3.1(a) provides that except as provided in S5.3.1(c), the identifications of controls for which the word ‘‘Yes’’ is specified in column 5 of Table 1 must be capable of being illuminated whenever the headlamps are activated. This requirement does not apply to a control located on the floor, floor console, steering wheel, steering column, or in the area of windshield header, or to a control for a heating and air-conditioning system that does not direct air upon the windshield. Paragraph S5.3.1(e) provides that a telltale must not emit light except when identifying the malfunction or vehicle VerDate Sep<11>2014 20:27 Mar 27, 2024 Jkt 262001 condition it is designed to indicate, or during a bulb check. V. Summary of FCA’s Petition: The following views and arguments presented in this section, ‘‘V. Summary of FCA’s Petition,’’ are the views and arguments provided by FCA. They have not been evaluated by the Agency and do not reflect the views of the Agency. FCA describes the subject noncompliance and contends that the noncompliance is inconsequential as it relates to motor vehicle safety. The noncompliant condition can occur regardless of the use of the vehicle’s headlamps. Further, the IPC reset effectively includes a bulb check function for all of the IPC Telltales as it comes back on. As mentioned above, the IPC reset occurs when the ACC is engaged, and the driver rapidly and repeatedly presses the steering wheelmounted button to either increase or decrease the ACC set speed. Other than causing the IPC to reset, no other function of the vehicle is affected, and the vehicle does not shut off. For example, the vehicle will continue to operate with full motive power as prescribed by the ACC engaged speed last selected by the driver. Power assist for both steering and braking are also unaffected by the IPC reset event, as are headlamp and taillamp functionality. The driver will continue to be able to adjust the ACC set speed using the control buttons during and after the reset event. FCA explains that the subject noncompliance may arise regardless of whether the vehicle’s headlamps are in use. FCA adds that the IPC reset includes a bulb check function for all IPC Telltales upon reactivation. The IPC reset occurs when the ACC is activated, and the ‘‘driver rapidly and repeatedly presses the steering wheel-mounted button to either increase or decrease the ACC set speed.’’ FCA notes that aside from initiating the IPC reset, no other vehicle function is affected, and the vehicle does not shut off. FCA says the vehicle will continue to function with full motive power based on the ACC engaged speed last chosen by the driver. Further, FCA says that power assist for both steering and braking remains unaffected by the IPC reset event, as do headlamp and taillamp functionalities. According to FCA, throughout and after the reset event, the driver retains the ability to adjust the ACC set speed using the control buttons. FCA asserts that the subject noncompliance is not a significant hazard that diverts the driver’s attention from the driving task or results in control selection mistakes (FCA refers to FMVSS No. 101 S2). Therefore, FCA believes that the subject PO 00000 Frm 00177 Fmt 4703 Sfmt 4703 21659 noncompliance should be deemed inconsequential to motor vehicle safety for following reasons: 1. The reset occurs only if the driver ‘‘repeatedly and quickly’’ presses a button on the steering wheel to change the ACC set speed, which FCA says would indicate that the driver is ‘‘actively engaged in the driving task.’’ 2. The reset does not induce any change in vehicle behavior that might prompt the driver to react unsafely. 3. All exterior lighting, including headlamps, taillamps, and turn signals, remains fully functional and unaffected by the reset event. 4. No required controls are affected, and all controls they will remain properly illuminated and functional, 5. FCA refers to paragraph S5.3.1(b) of FMVSS No. 101 which provides that except as provided in S5.3.1(c), the indicators and their identifications for which the word Yes is specified in column 5 of Table 1 must be illuminated whenever the vehicles propulsion system and headlamps are activated. a. FCA contends that the temporary loss of illumination of the required indicators resulting from the reset event does not pose an unsafe condition for the driver. Further, FCA says that none of the required indicators identifies a condition demanding a response in less than five seconds to avoid an unsafe condition. b. FCA says that the indicators required by FMVSS No. 101 Table 1 that are affected are: Fuel Level; Engine oil pressure; Engine coolant temperature; Electrical charge; Speedometer; Automatic transmission control position. Regarding the speedometer, FCA asserts that the driver would be aware of the vehicle speed before deciding to activate the ACC set speed change. According to FCA, the reset is triggered by the incremental adjustment of the known set speed, yet the driver remains aware of the speed at the commencement of the set speed change action and promptly after the conclusion of the reset event. Additionally, FCA says that the vehicle will consistently be in Drive for the reset event to take place, ensuring that the automatic transmission control position remains unchanged throughout the reset event. 6. FCA says that the reset event will briefly illuminate all telltales, deviating from the exception allowed by paragraph S5.3.1(e) of FMVSS No. 101. However, FCA contends that the likelihood of this brief illumination posing an unreasonable risk to safety before the reset is complete is extremely low. Further, FCA states that following E:\FR\FM\28MRN1.SGM 28MRN1 21660 Federal Register / Vol. 89, No. 61 / Thursday, March 28, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 the reset event, any telltale required by an underlying condition will become properly illuminated, while all others will be extinguished. 7. FCA refers to the Federal Register Docket No. NHTSA20130134; Notice 2 in which, according to FCA, NHTSA granted a petition for a decision of inconsequential noncompliance for a condition that is substantially similar to the subject noncompliance. Like that petition, FCA says it willing to provide NHTSA with a video of the reset event or provide a vehicle for NHTSA personnel to test in real world driving conditions. The subject noncompliance is substantially similar to the previously granted noncompliance petition. 8. FCA notes that it began vehicle production with compliant IPC software on March 23, 2023, and states that it is not aware of any crashes, injuries, or customer complaints associated with the condition. FCA concludes by stating its belief that the subject noncompliance is inconsequential as it relates to motor vehicle safety and 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 no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve vehicles 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 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. 2024–06653 Filed 3–27–24; 8:45 am] BILLING CODE 4910–59–P VerDate Sep<11>2014 20:27 Mar 27, 2024 Jkt 262001 DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Revision of an Approved Information Collection; Submission for OMB Review; Bank Activities and Operations; Investment in Bank Premises Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. AGENCY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995 (PRA). In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning a revision to its information collection titled, ‘‘Bank Activities and Operations; Investment in Bank Premises.’’ The OCC also is giving notice that it has sent the collection to OMB for review. DATES: Comments must be received by April 29, 2024. ADDRESSES: Commenters are encouraged to submit comments by email, if possible. You may submit comments by any of the following methods: • Email: prainfo@occ.treas.gov. • Mail: Chief Counsel’s Office, Attention: Comment Processing, Office of the Comptroller of the Currency, Attention: 1557–0204, 400 7th Street SW, Suite 3E–218, Washington, DC 20219. • Hand Delivery/Courier: 400 7th Street SW, Suite 3E–218, Washington, DC 20219. • Fax: (571) 293–4835. Instructions: You must include ‘‘OCC’’ as the agency name and ‘‘1557– 0204’’ in your comment. In general, the OCC will publish comments on www.reginfo.gov without change, including any business or personal information provided, such as name and address information, email addresses, or phone numbers. Comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not include any information in your comment or supporting materials that you consider SUMMARY: PO 00000 Frm 00178 Fmt 4703 Sfmt 4703 confidential or inappropriate for public disclosure. Written comments and recommendations for the proposed information collection should also be sent within 30 days of publication of this notice to www.reginfo.gov/public/ do/PRAMain. You can find this information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. You may review comments and other related materials that pertain to this information collection following the close of the 30-day comment period for this notice by the method set forth in the next bullet. • Viewing Comments Electronically: Go to www.reginfo.gov. Hover over the ‘‘Information Collection Review’’ tab and click on ‘‘Information Collection Review’’ from the drop-down menu. From the ‘‘Currently under Review’’ drop-down menu, select ‘‘Department of Treasury’’ and then click ‘‘submit.’’ This information collection can be located by searching OMB control number ‘‘1557– 0204’’ or ‘‘Bank Activities and Operations; Investment in Bank Premises.’’ Upon finding the appropriate information collection, click on the related ‘‘ICR Reference Number.’’ On the next screen, select ‘‘View Supporting Statement and Other Documents’’ and then click on the link to any comment listed at the bottom of the screen. • For assistance in navigating www.reginfo.gov, please contact the Regulatory Information Service Center at (202) 482–7340. FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, Clearance Officer, (202) 649–5490, Chief Counsel’s Office, Office of the Comptroller of the Currency, 400 7th Street SW, Washington, DC 20219. If you are deaf, hard of hearing, or have a speech disability, please dial 7–1–1 to access telecommunications relay services. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), Federal agencies must obtain approval from the OMB for each collection of information that they conduct or sponsor. ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. The OCC asks the OMB to approve this revised collection. Title: Bank Activities and Operations; Investment in Bank Premises. OMB Control No.: 1557–0204. Type of Review: Regular. E:\FR\FM\28MRN1.SGM 28MRN1

Agencies

[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Notices]
[Pages 21658-21660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06653]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2023-0046; 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 (FCA) has determined that certain model year (MY) 
2022-2023 Ram ProMaster vehicles do not fully comply with Federal Motor 
Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. FCA 
filed a noncompliance report dated April 13, 2023, and subsequently 
petitioned NHTSA (the ``Agency'') on May 5, 2023, for a decision that 
the subject noncompliance is inconsequential as it relates to motor 
vehicle safety. This document announces receipt of FCA's petition.

DATES: Send comments on or before April 29, 2024.

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 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 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).

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

[[Page 21659]]


SUPPLEMENTARY INFORMATION: 
    I. Overview: FCA determined that certain MY 2022-2023 Ram ProMaster 
vehicles do not fully comply with paragraph S5.3 of FMVSS No. 101, 
Controls And Displays (49 CFR 571.101).
    FCA filed a noncompliance report dated April 13, 2023, pursuant to 
49 CFR part 573, Defect and Noncompliance Responsibility and Reports. 
FCA petitioned NHTSA on May 5, 2023, 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's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
another exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 9,101 MY 2022-2023 Ram 
ProMaster vans, manufactured between August 30, 2021, and March 23, 
2023, were reported by the manufacturer.
    III. Noncompliance: FCA explains that the subject vehicles equipped 
with a 3.5-inch IPC and adaptive cruise control (``ACC'') may have been 
built with IPC software that can cause the IPC to go blank for four to 
five seconds while it resets, and therefore does not comply with 
paragraph S5.3 of FMVSS No. 101. Specifically, if the ACC is engaged 
and in ready mode, and if the driver rapidly presses the speed control 
button (three or more times in one second), the system can incorrectly 
detect a fault and trigger a cluster reset. During this reset, the 
cluster display will go blank, and the speedometer indicator will go to 
zero before resetting.
    IV. Rule Requirements: Paragraph S5.3 of FMVSS No. 101 includes the 
requirements relevant to this petition. Paragraph S5.3.1(a) provides 
that except as provided in S5.3.1(c), the identifications of controls 
for which the word ``Yes'' is specified in column 5 of Table 1 must be 
capable of being illuminated whenever the headlamps are activated. This 
requirement does not apply to a control located on the floor, floor 
console, steering wheel, steering column, or in the area of windshield 
header, or to a control for a heating and air-conditioning system that 
does not direct air upon the windshield. Paragraph S5.3.1(e) provides 
that a telltale must not emit light except when identifying the 
malfunction or vehicle condition it is designed to indicate, or during 
a bulb check.
    V. Summary of FCA's Petition: The following views and arguments 
presented in this section, ``V. Summary of FCA's Petition,'' are the 
views and arguments provided by FCA. They have not been evaluated by 
the Agency and do not reflect the views of the Agency. FCA describes 
the subject noncompliance and contends that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    The noncompliant condition can occur regardless of the use of the 
vehicle's headlamps. Further, the IPC reset effectively includes a bulb 
check function for all of the IPC Telltales as it comes back on. As 
mentioned above, the IPC reset occurs when the ACC is engaged, and the 
driver rapidly and repeatedly presses the steering wheel-mounted button 
to either increase or decrease the ACC set speed. Other than causing 
the IPC to reset, no other function of the vehicle is affected, and the 
vehicle does not shut off. For example, the vehicle will continue to 
operate with full motive power as prescribed by the ACC engaged speed 
last selected by the driver. Power assist for both steering and braking 
are also unaffected by the IPC reset event, as are headlamp and 
taillamp functionality. The driver will continue to be able to adjust 
the ACC set speed using the control buttons during and after the reset 
event.
    FCA explains that the subject noncompliance may arise regardless of 
whether the vehicle's headlamps are in use. FCA adds that the IPC reset 
includes a bulb check function for all IPC Telltales upon reactivation. 
The IPC reset occurs when the ACC is activated, and the ``driver 
rapidly and repeatedly presses the steering wheel-mounted button to 
either increase or decrease the ACC set speed.'' FCA notes that aside 
from initiating the IPC reset, no other vehicle function is affected, 
and the vehicle does not shut off. FCA says the vehicle will continue 
to function with full motive power based on the ACC engaged speed last 
chosen by the driver. Further, FCA says that power assist for both 
steering and braking remains unaffected by the IPC reset event, as do 
headlamp and taillamp functionalities. According to FCA, throughout and 
after the reset event, the driver retains the ability to adjust the ACC 
set speed using the control buttons. FCA asserts that the subject 
noncompliance is not a significant hazard that diverts the driver's 
attention from the driving task or results in control selection 
mistakes (FCA refers to FMVSS No. 101 S2). Therefore, FCA believes that 
the subject noncompliance should be deemed inconsequential to motor 
vehicle safety for following reasons:
    1. The reset occurs only if the driver ``repeatedly and quickly'' 
presses a button on the steering wheel to change the ACC set speed, 
which FCA says would indicate that the driver is ``actively engaged in 
the driving task.''
    2. The reset does not induce any change in vehicle behavior that 
might prompt the driver to react unsafely.
    3. All exterior lighting, including headlamps, taillamps, and turn 
signals, remains fully functional and unaffected by the reset event.
    4. No required controls are affected, and all controls they will 
remain properly illuminated and functional,
    5. FCA refers to paragraph S5.3.1(b) of FMVSS No. 101 which 
provides that except as provided in S5.3.1(c), the indicators and their 
identifications for which the word Yes is specified in column 5 of 
Table 1 must be illuminated whenever the vehicles propulsion system and 
headlamps are activated.
    a. FCA contends that the temporary loss of illumination of the 
required indicators resulting from the reset event does not pose an 
unsafe condition for the driver. Further, FCA says that none of the 
required indicators identifies a condition demanding a response in less 
than five seconds to avoid an unsafe condition.
    b. FCA says that the indicators required by FMVSS No. 101 Table 1 
that are affected are: Fuel Level; Engine oil pressure; Engine coolant 
temperature; Electrical charge; Speedometer; Automatic transmission 
control position. Regarding the speedometer, FCA asserts that the 
driver would be aware of the vehicle speed before deciding to activate 
the ACC set speed change. According to FCA, the reset is triggered by 
the incremental adjustment of the known set speed, yet the driver 
remains aware of the speed at the commencement of the set speed change 
action and promptly after the conclusion of the reset event. 
Additionally, FCA says that the vehicle will consistently be in Drive 
for the reset event to take place, ensuring that the automatic 
transmission control position remains unchanged throughout the reset 
event.
    6. FCA says that the reset event will briefly illuminate all 
telltales, deviating from the exception allowed by paragraph S5.3.1(e) 
of FMVSS No. 101. However, FCA contends that the likelihood of this 
brief illumination posing an unreasonable risk to safety before the 
reset is complete is extremely low. Further, FCA states that following

[[Page 21660]]

the reset event, any telltale required by an underlying condition will 
become properly illuminated, while all others will be extinguished.
    7. FCA refers to the Federal Register Docket No. NHTSA20130134; 
Notice 2 in which, according to FCA, NHTSA granted a petition for a 
decision of inconsequential noncompliance for a condition that is 
substantially similar to the subject noncompliance. Like that petition, 
FCA says it willing to provide NHTSA with a video of the reset event or 
provide a vehicle for NHTSA personnel to test in real world driving 
conditions. The subject noncompliance is substantially similar to the 
previously granted noncompliance petition.
    8. FCA notes that it began vehicle production with compliant IPC 
software on March 23, 2023, and states that it is not aware of any 
crashes, injuries, or customer complaints associated with the 
condition.
    FCA concludes by stating its belief that the subject noncompliance 
is inconsequential as it relates to motor vehicle safety and 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 no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on this petition does not relieve vehicles 
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 
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. 2024-06653 Filed 3-27-24; 8:45 am]
BILLING CODE 4910-59-P
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