Kia Motors America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance |
|---|
Topics: Kia Telluride
|
Otto G. Matheke III
National Highway Traffic Safety Administration
1 July 2020
[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Notices]
[Pages 39676-39678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14213]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2019-0040; Notice 2]
Kia Motors America, Inc., Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
-----------------------------------------------------------------------
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 the grant of Kia's
petition.
FOR FURTHER INFORMATION CONTACT: Kerrin Bressant, Office of Vehicle
Safety
[[Page 39677]]
Compliance, the National Highway Traffic Safety Administration (NHTSA),
telephone (202) 366-1110, facsimile (202) 366-5930.
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.
Notice of receipt of Kia's petition was published with a 30-day
public comment period, on August 21, 2019, in the Federal Register (84
FR 43661). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2019-0040.''
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'' 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 omission without any adverse safety
implications because the information is readily available from other
sources.
1. Kia states, FMVSS No. 110 paragraph S4.3(d), requires that the
tire and loading information placard state the tire size designation
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. 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 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 identify, the
rim size designation. 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 any typos regarding ``psi'' on the
certification label, nor has it received contact from vehicle owners
regarding this issue.
5. 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-Kia 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 were certification
lab is in certain MY 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 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.
VI. NHTSA's Analysis
The intent of FMVSS No. 110 is to specify requirements for tire
selection to prevent tire overloading. In addition, 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 567.4 or 567.5 of this chapter.
The missing rim size information (specifically the ``rim
diameter'') may readily be obtained from several additional sources
typically found on and required to be furnished with the vehicle. The
rim size is marked on the rims either impressed or embossed. The rim
dimensions may also be found in the owners' manual which is referenced
as an information source by the tire and loading information placard
which is positioned adjacent to the certification
[[Page 39678]]
label and is yet another source for tire and rim dimension information.
FMVSS 110 S4.4.2(b) requires that each rim be marked with the rim
size designation. By way of pictures taken of tire rims of affected
vehicles, Kia shows that the affected vehicles are equipped with rims
that are marked with the rim size and meet the requirements of this
section.
The tire placard required by FMVSS 110 S4.3(d) requires that the
tire size designation be provided for the tires installed at the time
of the first purchase and FMVSS 110 S4.3(f) requires that the placard
state ``See Owner's Manual for Additional Information.'' Based on
supplied exemplar pictures submitted by Kia, the affected vehicles meet
the requirements of FMVSS 110 S4.3
NHTSA has historically granted petitions for inconsequentiality for
inaccurate tire placards where the grantee has supplied sufficient
reasoning to support such a conclusion. In addition, Kia has informed
NHTSA that it has corrected future production and that those vehicles
will comply with FMVSS 110 S4.3.3.
VII. NHTSA's Decision
In consideration of the foregoing, NHTSA has decided that Kia has
met its burden of persuasion that the failure to provide the wheel size
information and the ``i'' in psi, as required by paragraph S4.3 of
FMVSS No. 110, is inconsequential to motor vehicle safety. Accordingly,
Kia's petition is granted, and it is exempted from the obligation of
providing the notification of, and a free remedy for, the 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 the subject vehicles that Kia no longer controlled at
the time it determined that the noncompliance existed. 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/wheels 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. 2020-14213 Filed 6-30-20; 8:45 am]
BILLING CODE 4910-59-P