FCA US, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Chrysler Pacifica
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Otto G. Matheke III
National Highway Traffic Safety Administration
6 January 2020
[Federal Register Volume 85, Number 3 (Monday, January 6, 2020)]
[Notices]
[Pages 553-554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28472]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2019-0097; 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.
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SUMMARY: FCA US LLC (f/k/a Chrysler Group LLC) ``FCA US'' has
determined that certain model year (MY) 2019 Chrysler Pacifica 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. FCA US filed a
noncompliance report dated August 27, 2019. FCA US subsequently
petitioned NHTSA on September 20, 2019, for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.
This document announces receipt of FCA US's petition.
DATES: The closing date for comments on the petition is February 5,
2020.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket number 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
[[Page 554]]
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
FCA US has determined that certain MY 2019 Chrysler Pacifica motor
vehicles do not fully comply with paragraphs S4.3(a) and (b) 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). FCA
US filed a noncompliance report dated August 27, 2019, pursuant to 49
CFR part 573, Defect and Noncompliance Responsibility and Reports. FCA
US subsequently petitioned NHTSA on September 20, 2019, 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 US's petition, is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercises of judgment concerning the merits of the petition.
II. Vehicles Involved
Approximately 350 MY 2019 Chrysler Pacifica motor vehicles,
manufactured between October 4, 2018, and July 3, 2019, are potentially
involved.
III. Noncompliance
FCA US explains that the noncompliance is that the subject vehicles
tire placard label erroneously states the seating capacity as seven
occupants rather than eight occupants, and shows a combined occupant
and cargo weight of 1,150 lbs. rather than 1,240 lbs. as required by
paragraph S4.3 of FMVSS No. 110.
IV. Rule Requirements
Paragraphs S4.3(a) and S4.3(b) of FMVSS No. 110 include the
requirements relevant to this petition. Each vehicle, except for a
trailer or incomplete vehicle, shall show the information specified in
paragraphs S4.3(a), vehicle capacity weight expressed as the combined
weight of occupants and cargo and S4.3(b) designated seated capacity
(expressed in terms of total number of occupants and number of
occupants for each front and rear seat location.
V. Summary of FCA US's Petition
The following views and arguments presented in this section, are
the views and arguments provided by FCA US. They have not been
evaluated by the Agency and do not reflect the views of the Agency.
FCA US described the subject noncompliance and stated that the
noncompliance is inconsequential as it relates to motor vehicle safety.
FCA US submitted the following views and arguments in support of the
petition:
1. While the number of occupants and the calculated weight are
incorrect on the vehicle placard label, the calculated weight for seven
occupants (1,150 lbs.) is below the calculated weight for eight
occupants (1,240 lbs.), and therefore, there is no risk of vehicle
overloading.
2. All information required for maintaining and/or replacing the
front and rear tires is correct on the vehicle placard of the affected
vehicles. In fact, the recommended cold tire inflation pressures for
both the seven occupants and the eight occupant vehicles are the same.
Therefore, there is no risk of under-inflation.
3. All other applicable requirements of FMVSS No. 110 have been
met.
4. The vehicle certification label is correct. Vehicles with seven
occupants and eight occupants share the same Gross Vehicle Weight
Rating (6055 lbs.), and front and rear Gross Axle Weight Rating (2950
lbs. and 3200 lbs., respectively).
5. The number of seats and the number of safety belts installed in
the vehicle will clearly indicate to a vehicle owner the actual seating
capacity, the rear seating of the affected vehicles contains six seat
belt assemblies, and provides adequate space for six people to occupy
the rear seats. Further, the vehicle in fact does accommodate six
occupants, and not five as labeled.
6. FCA US is not aware of any crashes, injuries, or customer
complaints associated with this condition.
7. NHTSA has previously granted inconsequential treatment for FMVSS
110 noncompliance for incorrect vehicle placard seated capacity values.
Examples of the agency granting a similar inconsequentiality petition
for vehicle placard incorrect seated capacity are:
General Motors, LLC, 79 FR 69557 (November 21, 2014)
Ford Motor Company, 74 FR 69373 (December 31, 2009)
BMW of North America, LLC, a Subsidiary of BMW AG, 78 FR
43964 (July 22, 2013)
FCA US concluded that the subject noncompliance is inconsequential
as it 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 FCA US 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 FCA US
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. 2019-28472 Filed 1-3-20; 8:45 am]
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