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Kia Motors America, Inc, Receipt of Petition for Decision of Inconsequential Noncompliance


American Government Topics:  Kia Telluride

Kia Motors America, Inc, Receipt of Petition for Decision of Inconsequential Noncompliance

Otto G. Matheke III
National Highway Traffic Safety Administration
21 August 2019 

[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Notices]
[Pages 43661-43663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18030]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0040; Notice 1]


Kia Motors America, Inc, Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Kia Motors America, Inc., and Kia Motors Corporation 
(collectively ``Kia''), has determined that certain Model year (MY) 
2020 Kia Telluride motor vehicles do not fully comply with 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. Kia filed a noncompliance report dated April 12, 2019, 
and subsequently petitioned NHTSA on April 18, 2019, for a decision 
that the subject noncompliance is inconsequential as it relates to 
motor vehicle safety. This notice announces receipt of Kia's petition.

DATES: Send comments on or before September 20, 2019.

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

[[Page 43662]]

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).

SUPPLEMENTARY INFORMATION:

I. Overview

    Kia has determined that certain MY 2020 Kia Telluride motor 
vehicles do not fully comply with paragraphs S4.3.3 of 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 (49 CFR 571.110). Kia filed a 
noncompliance report dated April 12, 2019, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports, and subsequently 
petitioned NHTSA on April 18, 2019, for an exemption from the 
notification and remedy requirement 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 Kia'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 8,773 MY 2020 Kia Telluride motor vehicles 
manufactured between January 10, 2019, and March 27, 2019, are 
potentially involved.

III. Noncompliance

    Kia explains that the noncompliance is that the subject vehicles 
are equipped with Part 567 certification labels that are missing the 
value for the rim size as required by paragraph S4.3.3 of FMVSS No. 
110. Specifically, the subject vehicles are equipped with 7.5Jx20 or 
7.5Jx18 rims, however, the part 567 certification labels are missing 
the ``20'' or ``18'' inches after the ``7.5Jx.'' The certification 
labels also contain a typo. The ``i'' in ``psi'' is missing in the 
section of the label, which identifies the corresponding tire inflation 
pressure.

IV. Rule Requirements

    Paragraphs S4.3.3 of FMVSS No. 110 provide the requirements 
relevant to this petition. Each vehicle must show the size designation 
and, if applicable, the type designation of rims (not necessarily those 
on the vehicle) appropriate for the tire and 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 should be in English, letters block capitals 
and numerals not less than 2.4 millimeters high and in the following 
format (Truck Example- Suitable Tire-Rim Choice):
    GVWR: 2,441 kilograms (5381 pounds).
    GAWR: Front-1,299 kilograms (2,864 pounds) with P265/70R16 tires, 
16x8.0 rims at 248 kPa (36 psi) cold single.
    GAWR: Rear-1,299 kilograms (2,864 pounds) with P265/70R16 tires, 
16x8.00 rims at 248 kPa (36 psi) cold single.

V. Summary of Petition

    Kia described the subject noncompliance and stated its belief that 
the noncompliance is inconsequential as it relates to motor vehicle 
safety.
    In support of its petition, Kia contends that the information 
missing from the label is a minor omissions without adverse safety 
implications because the information is readily available from other 
sources.
    1. Kia states that FMVSS No. 110 paragraph S4.3(d) requires that 
the tire and loading information placard state the tire size 
designations for the tires installed on the vehicle at the time of 
first purchase. On the affected vehicles, the FMVSS No. 110 tire and 
loading label (which is located directly adjacent to the certification 
label on the ``B'' pillar), contains the correct tire size dimensions, 
recommended cold tire inflation pressure, and vehicle capacity weight.
    2. Kia also noted that FMVSS No. 110, paragraph S4.3(f), also 
requires the tire and loading placard to state ``See Owner's Manual for 
Additional Information.'' The Owner's Manual for the 2020 Telluride 
provides the wheel rim and tire information, which the owner can easily 
refer to confirm the correct tire pressure.
    3. The consumer can also check the tire rims installed on the 
vehicle to determine the correct wheel rim size needed. Kia noted that 
FMVSS No. 110, paragraph S.4.4.2(b), requires each rim to be marked to 
identify the rim size. The affected vehicles meet the requirements of 
this section.
    4. Kia is not aware of any accidents or injuries related to the 
omitted tire rim size information or typographical errors on the 
certification label, nor has it received contact from vehicle owners 
regarding this issue.
    5. Kia says NHTSA has previously granted similar petitions for 
inconsequential noncompliance with FMVSS No. 110, paragraph S4.3.3, 
with respect to missing or incorrect information on the certification 
label. See e.g., Hyundai-Ki America Technical Center, Inc., Grant of 
Petition for Decision of Inconsequential Noncompliance, 78 FR 38445 
(June 26, 2013) [granting petition where certification labels on 
certain MY 2012 Hyundai Veracruz vehicles were missing tire size 
designation information entirely]; Chrysler Group, LLC, Grant of 
Petition for Decision of Inconsequential Noncompliance, 78 FR 38443 
(June 26, 2013) [granting petition where certification labels in 
certain MY 2011 Chrysler Town and Country and Dodge Grand Caravan 
vehicles incorrectly identified tire size]; and BMW of North America, 
LLC., Grant of Petition for Decision of Inconsequential Noncompliance, 
78 FR 76408 (December 17, 2013) [granting petition where certification 
labels in certain MGMT7099DMY 2012 X3 SAV vehicles contained incorrect 
tire and rim information for the tires and rims installed as original 
equipment].
    Kia concludes that the subject noncompliance is inconsequential as 
it

[[Page 43663]]

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 Kia 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 Kia 
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. 2019-18030 Filed 8-20-19; 8:45 am]
BILLING CODE 4910-59-P




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