Chrysler Group, LLC, Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Ram Trucks
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
17 May 2016
[Federal Register Volume 81, Number 95 (Tuesday, May 17, 2016)]
[Notices]
[Pages 30607-30609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11593]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0076; 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), a wholly owned subsidiary of
Fiat S.p.A., has determined that certain model year (MY) 2014 RAM 2500
and RAM 3500 trucks do not fully comply with paragraph S4.3 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, or do not fully comply with paragraph S5.3 of FMVSS
No. 120, Tire Selection and Rims and Motor Home/Recreation Vehicle
Trailer Load Carrying Capacity Information for Motor Vehicles with a
GVWR of more than 4,536 kilograms (10,000 pounds). Chrysler filed a
report dated May 6, 2014, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports and amended that report on
June 10, 2014. Chrysler then petitioned NHTSA under 49 CFR part 556
requesting a decision that the subject noncompliance is inconsequential
to motor vehicle safety.
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
(202) 366-5930.
SUPPLEMENTARY INFORMATION:
[[Page 30608]]
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 August 25, 2014 in the Federal Register
(79 FR 50735). 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-2014-0076.''
II. Vehicles Involved: The affected vehicles include approximately
198 MY 2014 RAM 2500 trucks and 87 MY 2014 RAM 3500 trucks that were
produced from March 4, 2014 through March 6, 2014.
III. Noncompliances: Chrysler explains that due to the absence of
the designated rim size and type on the certification labels required
by 49 CFR part 567, the subject vehicles do not fully comply with
either paragraph S4.3 of FMVSS No. 110, or paragraph S5.3 of FMVSS No.
120.
IV. Rule Text: Paragraph S4.3 of FMVSS No. 110 requires in
pertinent part:
. . . S4.3.3 Additional labeling information 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 Sec. 567.4 or Sec. 567.5 of this
chapter. This information shall be in the English language, lettered
in block capitals and numerals not less than 2.4 millimeters high
and in the following format: . . .
Paragraph S5.3 of FMVSS No. 120 requires in pertinent part:
S5.3 Each vehicle shall show the information specified in S5.3.1
and S5.3.2 and, in the case of a vehicle equipped with a non-
pneumatic spare tire, the information specified in S5.3.3, in the
English language, lettered in block capitals and numerals not less
than 2.4 millimeters high and in the format set forth following this
paragraph. This information shall appear either--
(a) After each GAWR listed on the certification label required
by Sec. 567.4 or Sec. 567.5 of this chapter; or at the option of
the manufacturer,
(b) On the tire information label affixed to the vehicle in the
manner, location, and form described in Sec. 567.4(b) through (f)
of this chapter as appropriate of each GVWR=GAWR combination listed
on the certification label.
S5.3.1 Tires. The size designation (not necessarily for the
tires on the vehicle) and the recommended cold inflation pressure
for those tires such that the sum of the load ratings of the tires
on each axle (when the tires' load carrying capacity at the
specified pressure is reduced by dividing by 1.10, in the case of a
tire subject to FMVSS No. 109) is appropriate for the GAWR as
calculated in accordance with S5.1.2.
S5.3.2. Rims. The size designation and, if applicable, the type
designation of Rims (not necessarily those on the vehicle)
appropriate for those tires. . . .
V. Summary of Chrysler's Analyses: Chrysler stated its belief that
the subject noncompliance for the absence of the rim marking on the
certification label is inconsequential to motor vehicle safety for the
following reasons:
1. Tire size and pressure information is located on the Tire
Inflation Pressure label which is located in the same door opening as
the certification label.
a. Certification label is located on the driver door.
b. Tire placard is located on the forward edge of the driver's B-
pillar.
2. Tire size and inflation pressure can be found on each tire.
3. Tire and rim information can be found in the vehicle owner's
manual.
4. Rim/wheel size can be derived using the tire information printed
on the Tire Inflation Pressure label or the tire sidewall information.
5. Chrysler mentioned that in a previous similar petition the
agency stated, ``that this noncompliance will not have an adverse
effect on vehicle safety. Since rim size and type information are
marked on the wheels of the vehicles, and the rim diameter can be
determined from the tire size on the placard attached to some of the
vehicles, the information needed to ensure that the vehicles are
equipped with the proper rims and compatible tires is readily available
to potential users.''
6. Chrysler is not aware of any warranty claims, field reports,
customer complaints, legal claims or any incidents or injuries related
to the subject condition.
7. Chrysler also stated its belief that NHTSA has previously
granted petition similar in nature.
With respect to the incorrect statement used to indicate that
vehicles conforms to all applicable Federal Standards Chrysler states
that the purpose of the statement is to communicate to a reader that a
vehicle is both certified and meets applicable safety standards. The
vehicles in question meet and/or exceed all applicable FMVSS required
for sale in the United States.
Chrysler has additionally informed NHTSA that it has corrected the
noncompliances so that all future production of these vehicles will
fully comply with FMVSS Nos. 110 and 120.
In summation, Chrysler believes that the described noncompliances
of the subject vehicles are 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
NHTSA Analysis: NHTSA has reviewed Chrysler's petition requesting a
decision that the subject noncompliances are inconsequential to motor
vehicle safety and has decided to moot the petition in part and grant
it in part based on the following analysis.
Chrysler noted that the certification label attached to the subject
vehicles, required by 49 CFR part 567, does not include the correct
required statement of certification. The use of the incorrect
certification statement on the certification labels is considered a
violation of 49 U.S.C. 30115, Certification and the implementing rule
at 49 CFR part 567, and not a noncompliance with a Federal Motor
Vehicle Safety Standard that would require notification and remedy
under of 49 U.S.C. chapter 301. Therefore, this portion of the subject
petition, as filed under 49 CFR part 556, is moot.
Second, the affected vehicles (approximately 285 RAM 2500 and 3500
trucks) must comply with either FMVSS No. 110 or FMVSS No. 120
depending on the GVWR. The vehicles with a GVWR of 10,000 pounds or
less do not comply with paragraph S4.3.3 of FMVSS No. 110 which
requires that the rim size designation appear on the certification
label for vehicles other than passenger cars. Likewise, the vehicles
with a GVWR greater than 10,000 pounds, do not comply with paragraph
S5.3 of FMVSS No. 120 which requires that the rim size designation
appear on the certification label or at the manufacture's option on a
separate tire information label.
For all affected vehicles, the rim size information can be found in
the vehicle's owner's manual or on the rim itself, and the tire size
information is available from multiple sources including the owner's
manual, the sidewalls of the tires on the vehicle and on the tire
placard or information label located on the door or door opening. The
rim size can be derived using this tire information. In addition,
according
[[Page 30609]]
to Paragraph S4.4.2(b) of FMVSS No. 110 and paragraph S5.2(b) of FMVSS
No. 120, the rim size designation must be marked on the rims to allow
for the direct determination of the proper rim size for the vehicle.
NHTSA considers both the Ram 2500 and 3500 trucks to be light duty
work trucks that are primarily used by operators experienced with and
knowledgeable of their vehicles. It is highly likely that these
individuals will readily be able to determine the correct rim sizing if
necessary.
Therefore, although the rim size was omitted from the certification
labels, the information needed to ensure that the vehicles are equipped
with the proper rims and compatible tires is readily available to
potential users.
NHTSA Decision: In consideration of the foregoing, NHTSA finds that
Chrysler has met its burden of persuasion that the FMVSS No. 110 and
FMVSS No. 120 noncompliances are inconsequential to motor vehicle
safety.
Accordingly, Chrysler's petition is hereby moot in part and granted
in part and Chrysler is exempted from the obligation of providing
notification of, and a free 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,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-11593 Filed 5-16-16; 8:45 am]
BILLING CODE 4910-59-P