Chrysler Group, LLC, Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Dodge Dart, Jeep Cherokee
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
December 30, 2014
[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78559-78561]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30240]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0046; Notice 2]
Chrysler Group, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
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SUMMARY: Chrysler Group, LLC, (Chrysler), now known as Fiat Chrysler
Automobiles NV, has determined that certain model year (MY) 2014 Jeep
Cherokee multipurpose passenger vehicles (MPV), and MY 2013-2014 Dodge
Dart passenger cars (PC) do not fully comply with paragraph S5.2.1 of
Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and
Displays and paragraph S5.5.5 of FMVSS No. 135,\1\ Light Vehicle Brake
Systems. Chrysler has filed an appropriate report dated March 4, 2014
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports.
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\1\ Subsequent to receiving Chrysler's petition, NHTSA was
notified by the petitioner that it had inadvertently referred to
FMVSS No. 105, a standard that does not apply to the subject
vehicles, in its petition.
ADDRESSES: For further information on this decision contact Stuart
Seigel, Office of Vehicle Safety Compliance, National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-5287, facsimile
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(202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. Chrysler's Petition: 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
noncompliance is inconsequential to motor vehicle safety.
Notice of receipt of Chrysler's petition was published, with a 30-
Day public comment period, on June 30, 2014 in the Federal Register (79
FR 36868). 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-2014-0046.''
II. Vehicles Involved: Affected are vehicles built for the U.S.
territories, approximately 411 MY 2014 Jeep
[[Page 78560]]
Cherokee MPV manufactured between June 17, 2013 and January 14, 2014
and 22 MY 2013-2014 Dodge Dart PC manufactured between July 1, 2012 and
December 13, 2013.
III. Noncompliance: Chrysler explains that the noncompliance is
that the telltale used for Brake Warning and Park Brake Warning is
displayed using International Organization for Standardization (ISO)
symbols instead of the telltale symbol required by S5.2.1 of FMVSS No.
101 and paragraph S5.5.5 of FMVSS No. 135.
IV. Rule Text: Paragraph S5.2.1 of FMVSS No. 101 requires in
pertinent part:
S5.2.1 Except for the Low Tire Pressure Telltale, each control,
telltale and indicator that is listed in column 1 of Table 1 or
Table 2 must be identified by the symbol specified for it in column
2 or the word or abbreviation specified for it in column 3 of Table
1 or Table 2. If a symbol is used, each symbol provided pursuant to
this paragraph must be substantially similar in form to the symbol
as it appears in Table 1 or Table 2. If a symbol is used, each
symbol provided pursuant to this paragraph must have the
proportional dimensional characteristics of the symbol as it appears
in Table 1 or Table 2.
Paragraph S5.5.5 of FMVSS No. 135 requires in pertinent part:
S5.5.5. Labeling. (a) Each visual indicator shall display a word
or words in accordance with the requirements of Standard No. 101 (49
CFR 571.101) and this section, which shall be legible to the driver
under all daytime and nighttime conditions when activated. Unless
otherwise specified, the words shall have letters not less than 3.2
mm (\1/8\inch) high and the letters and background shall be of
contrasting colors, one of which is red. Words or symbols in
addition to those required by Standard No. 101 and this section may
be provided for purposes of clarity.
(b) Vehicles manufactured with a split service brake system may
use a common brake warning indicator to indicate two or more of the
functions described in S5.5.1(a) through S5.5.1(g). If a common
indicator is used, it shall display the word ``Brake.''. . .
V. Summary of Chrysler's Analyses: Chrysler stated its belief that
the subject noncompliance is inconsequential to motor vehicle safety
for the following reasons:
1. Chrysler notes that the purpose of the brake telltale is to warn
the operator about either one of two conditions: (1) The parking brake
is applied or is malfunctioning; or (2) the service brakes may be
malfunctioning. The affected vehicles ``brake display telltale''
illuminates in red as required and, except for the missing identifier
word ``Brake,'' the vehicles comply with all other applicable FMVSS
requirements. When the telltale is not illuminated, there is no
degradation of brake performance. All braking system functionality,
including service brakes and the parking brake is unaffected by this
noncompliance and the subject vehicles will operate as intended. Even
though the word ``Brake'' is not used, Chrysler's stated its belief
that in the event one of the affected vehicles displayed the red-color
ISO brake telltale, the driver would recognize a possible brake system
malfunction.
2. Chrysler states that the telltale functions as both the
vehicle's brake system symbol and the parking brake symbol. In the
Dart, the parking brake is engaged by pulling up on the parking brake
handle in view of the instrument cluster where the brake telltale is
illuminated. In the Cherokee, the parking brake is electronic where a 5
second ``Parking Brake Engaged'' message is displayed in the Electronic
Vehicle Information Center (EVIC) and the brake telltale is illuminated
in the instrument cluster. The brake telltale also illuminates during
the cluster warning lamp function check. Due to the ISO telltale
illumination during parking brake engagement and during lamp function
checks, an operator is conditioned to associate the telltale with the
braking system and would be alerted in the event of a possible brake
system malfunction. In the unlikely event the ISO brake telltale is
illuminated and the operator does not understand its meaning, the ISO
brake telltale graphic is shown and described in the Owner's Manual for
both vehicles. Thus, an operator could easily determine that the ISO
telltale relates to the brake system.
3. Chrysler also believes that in the subject vehicles, in the
event the brake fluid level is less than the recommended level, the
brake telltale is illuminated and the EVIC will display a five second
``Brake Fluid Low'' message that continues until the condition is
corrected. This additional visual input to the operator helps
facilitate the association of the telltale with the braking system.
4. Chrysler has stated its belief that NHTSA has previously granted
a similar inconsequential noncompliance petition regarding the use of
ISO symbols.
5. Chrysler is not aware of any warranty claims, field reports,
consumer complaints, legal claims or any incidents or injuries related
to the subject noncompliance.
Chrysler has additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles will comply with
FMVSS No. 101 and FMVSS No. 135.
In summation, Chrysler believes that the described noncompliance of
the subject vehicles is inconsequential to motor vehicle safety, and
that its petition, to exempt Chrysler 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
NHTSA Analysis: NHTSA has reviewed Chrysler's justification for an
inconsequential noncompliance decision and agrees that, based on the
following analysis, the inadvertent use of an ISO label on the combined
brake telltale for Brake Warning and the Park Brake Warning, poses
little if any risk to motor vehicle safety.
Chrysler stated that there are two conditions which will cause the
subject combined brake warning telltale that is located on the
instrument cluster and labeled with an ISO symbol instead of the
required text ``BRAKE'', to illuminate:
1. The parking brake is applied; and/or
2. The brake fluid level is less than the recommended level.
For each condition, the subject combined telltale is illuminated as
required with the background in contrasting colors, one of which is
red.
In the Cherokee, the parking brake is engaged electronically and a
5 second ``Parking Brake Engaged'' message is displayed in the
Electronic Vehicle Information Center. For the Dart, the parking brake
is activated by pulling up on the parking brake handle which remains
visible to the driver.
In the Dart and Cherokee vehicles, in the event the brake fluid is
less than the recommended level, in addition to the ISO symbol
illumination, redundant notification is provided to the driver of the
existence of the condition by the Electronic Vehicle Information Center
which displays a five second ``Brake Fluid Low'' message that continues
until the condition is corrected.
NHTSA agrees with Chrysler's statement that the functionality of
both the parking brake system and the service brake system remains
unaffected by the mislabeling. Vehicle stopping distance and thus
collision avoidance is not compromised due to the mislabeling.
The ISO symbol has been used on US-certified vehicles for many
years in conjunction with the required text ``BRAKE.'' In addition,
each time the driver activates the parking brake he/she will visually
be reminded of the meaning of the ISO symbol. The parking brake
activation and the representative ISO symbol are operationally linked.
The ISO symbol is also illuminated
[[Page 78561]]
during lamp function each time the vehicle is started. If not familiar
with its meaning, the owner's manual can be referenced which will
explain the relationship with the brake system. Over time, the ISO
symbol has evolved to become increasingly recognizable and
understandable to drivers so if activated they would likely be alerted
to a possible brake system malfunction. We further believe drivers
recognize that a telltale illuminated in red, even if unlabeled,
represents a malfunction which needs to be remedied.
We believe that the combination of the red contrasting color of the
ISO symbol, driver conditioning over time as to the meaning of the ISO
symbol, the vehicle message center warning for the Cherokee indicating
parking brake applied, the noticeable position of the DART parking
brake lever when applied, the reduced drivability of the vehicles when
the vehicle is driven with an applied parking brake, the message center
warning ``Low Brake Fluid'' for both vehicles which remains activated
until the condition is corrected, as well as the availability of the
description of ISO symbol in the Owner's manual are sufficient to
adequately alert the driver should the indicated problems in the
braking system occur.
The manufacturer has shown that the discrepancy with the labeling
requirement is unlikely to lead to any misunderstanding especially
since other sources of correct information beyond the ISO symbol, are
available. Lastly, we note that NHTSA has not received any consumer
complaints regarding subject vehicles noncompliances.
NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that Chrysler has met its burden of persuasion that the FMVSS
No. 101 and FMVSS No. 135 noncompliances are inconsequential to motor
vehicle safety. Accordingly, Chrysler's petition is hereby granted and
Chrysler 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, any decision on
this petition only applies to the subject vehicles that Chrysler no
longer controlled at the time it determined that the noncompliance
existed. However, the granting of this petition does not relieve
Chrysler 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).
Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-30240 Filed 12-29-14; 8:45 am]
BILLING CODE 4910-59-P