Chrysler Group, LLC, Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Dodge Grand Caravan, Chrysler Town & Country
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Claude H. Harris
National Highway Traffic Safety Administration
June 26, 2013
[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Notices]
[Pages 38443-38444]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15278]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2011-0074; Notice 2]
Chrysler Group, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Grant of Petition.
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SUMMARY Chrysler Group, LLC (Chrysler),\1\ has determined that certain
model year (MY) 2011 Chrysler Town & Country and Dodge Grand Caravan
multipurpose passenger vehicles (MPVs) manufactured between March 16,
2011 through March 22, 2011, do not fully comply with paragraph S4.3(d)
of 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. Chrysler has filed an appropriate
report dated May 3, 2011, pursuant to 49 CFR Part 573, Defect and
Noncompliance Responsibility and Reports.
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\1\ Chrysler Group, LLC is a vehicle manufacturer incorporated
under the laws of the state of Delaware.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR part 556, Chrysler has
petitioned for an exemption from the notification and remedy
requirements of 49 U.S.C. Chapter 301 on the basis that this
[[Page 38444]]
noncompliance is inconsequential to motor vehicle safety. Notice of
receipt of the petition was published, with a 30-day public comment
period, on February 15, 2012 in the Federal Register (77 FR 8944). No
comments were received. To view the petition and all supporting
documents log onto the Federal Docket Management System (FDMS) Web site
at: http://www.regulations.gov/. Then follow the online search
instructions to locate docket number ``NHTSA-2011-0074''.
Contact Information: For further information on this decision
contact Ms. Amina Fisher, Office of Vehicle Safety Compliance, the
National Highway Traffic Safety Administration (NHTSA), telephone (202)
366-0645, facsimile (202) 366-5307.
Vehicles Involved: Affected are approximately 729 MY 2011 Chrysler
Town & Country and Dodge Grand Caravan MPVs manufactured between March
16, 2011 and March 22, 2011 and equipped with Yokohama size 225/65-R16
passenger car tires.
Summary of Chrysler's Analyses: Chrysler explains that the
noncompliance is that the vehicle placards on the affected vehicles
incorrectly identify the tire size as required by paragraph S4.3(d) of
FMVSS No. 110.
Chrysler additionally explains that during the production of the
subject vehicles there was a temporary shortage of Kumho size 235/60R16
passenger car tires. As a result, Yokahama size 225/65R16 tires and
vehicle placard were substituted. On March 16, 2011, when the Kumbo
tires were scheduled to be reintroduced, the vehicle placard was
updated to reflect the tire change and placed on the subject vehicles.
However, 729 vehicles that received the updated vehicle placard were
fitted with the Yokahama tires instead of the Kumbo tires.
Chrysler stated its belief that the subject noncompliance is
inconsequential to motor vehicle safety for the following reasons:
1. The tire inflation pressure requirement for both tires is the
same and that the recommended gross vehicle weight rating (GVWR) of the
vehicles is not affected by the tire change. Chrysler also notes that
the tire circumference for both tires is essentially the same and that
the functions of the vehicle speedometer and odometer, the tire
pressure monitoring system (TPMS), the antilock brake system (ABS) and
the electronic stability program (ESP) are not affected by the 21 mm
difference in circumference. In addition, Chrysler stated that the
subject Kumbo and Yokahama tires provide equivalent performance when
mounted on the subject vehicles.
2. While the non-compliant vehicle placards incorrectly state the
tire size, they meet or exceed all other applicable Federal Motor
Vehicle Safety Standards.
3. The noncompliance is inconsequential to motor vehicle safety
because the noncompliant vehicle placards do not create an unsafe
condition and all other labeling requirements have been met.
Chrysler also added that it believes that NHTSA has previously
granted similar petitions.
In summation, Chrysler believes that the described noncompliance of
the subject vehicles is inconsequential to motor vehicle safety, and
that its petition, to exempt from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.
NHTSA Decision: The intent of FMVSS No. 110 is to ensure that
vehicles are equipped with tires appropriate to handle maximum vehicle
loads and prevent overloading. NHTSA has confirmed that: The installed
and labeled tires, including the spare, when inflated to the labeled
recommended cold inflation pressure are appropriate to handle the
vehicle maximum loads; the tire and loading information labels on
subject vehicles are correct, except for the subject noncompliance; the
vehicles are equipped with tires that have the complete tire size (225/
65R16) molded into their sidewalls. Consequently, the subject
noncompliance should not cause any unsafe conditions associated with
determination of the correct tire inflation pressures or replacement
tire selection for the subject vehicles.
Therefore, NHTSA agrees with Chrysler that in this specific case
the incorrect tire size printed on the tire and loading information
labels on the affixed vehicles does not have any adverse safety
implications.
NHTSA is also not aware of any customer complaints or field reports
relating to this issue and Chrysler stated that it has corrected the
problem that caused these errors so that they will not be repeated in
future production.
In consideration of the foregoing, NHTSA has decided that Chrysler
has met its burden of persuasion that the FMVSS No. 110 noncompliance
in the vehicles identified in Chrysler's Noncompliance Information
Report is inconsequential to motor vehicle safety. Accordingly,
Chrysler's petition is granted and the petitioner is exempted from the
obligation of providing notification of, and a remedy for, that
noncompliance under 49 U.S.C. 30118 and 30120.
NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, this decision
only applies to approximately 729 vehicles that Chrysler no longer
controlled at the time that it determined that a noncompliance existed
in the subject vehicles. 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 Chrysler notified them that the subject noncompliance existed.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.
Issued on: June 20, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-15278 Filed 6-25-13; 8:45 am]
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