FCA US LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Dodge Charger
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Otto G. Matheke III
National Highway Traffic Safety Administration
23 April 2021
[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Pages 21790-21792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08447]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0121; 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) 2017-2020 Dodge Charger Pursuit
motor vehicles with Officer Protection Package (``OPP'') modules do not
fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No.
102, Transmission Shift Position Sequence, Starter Interlock, and
Transmission Braking Effect and FMVSS No. 118, Power-Operated Window,
Partition, and Roof Panel Systems. FCA US filed a noncompliance report
dated November 13, 2020, and subsequently petitioned NHTSA on December
4, 2020, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety. This notice
announces receipt of FCA US's petition.
DATES: Send comments on or before May 24, 2021.
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
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 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 docket. 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).
FOR FURTHER INFORMATION CONTACT: Frederick Smith, Compliance Engineer,
NHTSA, Office of Vehicle Safety Compliance, (202) 366-7487 or Ahmad
Barnes, Compliance Engineer, NHTSA, Office of Vehicle Safety
Compliance, (202) 366-7236.
SUPPLEMENTARY INFORMATION:
I. Overview: FCA US has determined that certain MY 2017-2020 Dodge
Charger Pursuit motor vehicles with OPP modules do not fully comply
with the requirements of paragraph S3.1.4.1 of FMVSS No. 102,
Transmission Shift Position Sequence, Starter Interlock, and
Transmission Braking Effect (49 CFR 571.102) and paragraph S5.1 of
FMVSS No. 118, Power-Operated Window, Partition, and Roof Panel Systems
(49 CFR 571.118). FCA US filed a noncompliance report dated November
13, 2020, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. FCA US subsequently petitioned NHTSA on
December 4, 2020, 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 exercise of judgment concerning the merits of the petition.
II. Vehicles Involved: Approximately 27,593 MY 2017-2020 Dodge
Charger Pursuit motor vehicles with OPP modules, manufactured between
October 17, 2016, and October 30, 2020, are potentially involved.
III. Noncompliance: FCA US explains that the noncompliance is
occurs when the OPP module is in Surveillance Mode, the subject
vehicles' PRNDL display will indicate the vehicle is in the REVERSE
``R'' position while the transmission is actually in the PARK ``P''
position and, therefore, do not fully meet the requirements specified
in paragraph S3.1.4.1 of FMVSS No. 102. Additionally, when Surveillance
Mode is activated, the driver and passenger power-operated windows in
the subject
[[Page 21791]]
vehicles will only stop but do not reverse direction in the event that
an obstruction is detected and, therefore, does not fully meet the
requirements specified in S5.1 of FMVSS No. 118.
IV. Rule Requirements: Paragraph S3.1.4.1 of FMVSS No. 102 and
paragraph S5.1 of FMVSS No. 118 include the requirements relevant to
this petition. Except as specified in paragraph S3.1.4.3 of FMVSS No.
102, if the transmission shift position sequence includes a park
position, identification of shift positions, including the positions in
relation to each other and the position selected, shall be displayed in
view of the driver whenever any of the following conditions exist (a)
the ignition is in a position where the transmission can be shifted, or
(b) the transmission is not in park. While closing, the power-operated
window, partition, or roof panel shall stop and reverse direction
either before contacting a test rod with properties described in
paragraphs S8.2 or S8.3 of FMVSS No. 118, or before exerting a
squeezing force of 100 newtons (N) or more on a semi-rigid cylindrical
test rod with the properties described in paragraph S8.1 when such test
rod is placed through the window partition, or roof panel opening at
any location in the manner described in the applicable test under
paragraph S7.
V. Summary of FCA US's Petition: The following views and arguments
presented in this section, ``V. Summary of FCA US's Petition,'' 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 describes
the subject noncompliances and contends that the noncompliances are
inconsequential as they relate to motor vehicle safety.
In support of its petition, FCA US submitted the following
reasoning:
1. Functionality of the Officer Protection Module and Surveillance
Mode: FCA US says that, as the name implies, the purpose of the OPP
module when activated (i.e., put in ``Surveillance Mode'') is to
provide warning and some measure of protection for law enforcement
officers against ambush from the rear of the vehicle while parked. FCA
US states that they provided the OPP module, manufactured by
InterMotive Inc., (``InterMotive''), free of charge to Police
Departments as part of the purchase of a MY 2017-2020 Dodge Charger
Pursuit vehicle. The OPP module is a ``plug and play'' module, shipped
separately from the vehicle and installed by the Police Department or
an installer of its choice.
When Surveillance Mode is activated, the reverse camera display
will turn on. Surveillance Mode uses the rear Park Assist system in the
Charger Pursuit vehicle. If any of the sensors detect a presence while
in Surveillance Mode, the vehicle will chime indicating which sensor
tripped, and then the OPP module will lock all the doors, roll the
driver and passenger front windows up and flash the rear lights. Again,
these actions are intended to increase an officer's situational
awareness when parked and working inside the vehicle.
Surveillance Mode must be turned on by the driver, and it will only
engage if all of the following conditions are met:
The vehicle ignition must be in the RUN position;
The transmission must be in PARK;
Vehicle speed must be zero;
All doors must be closed;
Service brake must not be applied; and
The driver must choose to activate Surveillance Mode by
pressing a switch.
If any one of these conditions is not met, then the OPP module will
not activate Surveillance Mode.
Once Surveillance Mode is active, it will deactivate if/when any of
the following occurs:
The vehicle ignition is switched to the OFF position;
The driver door is opened;
The service brake is pressed;
The Surveillance Mode switch is pressed; or
The Transmission is shifted out of PARK.
Once the OPP Surveillance Mode is deactivated, all vehicle
operations return to normal function, including accurate transmission
shift position display and auto-reversing power window operation. It
should be noted that the operation of the rear windows is not affected
while Surveillance Mode is active.
In order for the OPP module to activate the ParkView rear backup
camera, it must tell the vehicle's other computer systems that the
vehicle is in REVERSE, even though the transmission is actually in
PARK. As a result, the PRNDL display will incorrectly show ``R'' when
FMVSS No. 102 requires it to display ``P.'' As mentioned above, this
condition only exists while the OPP system is activated in Surveillance
Mode and will be immediately corrected if any of the deactivation
criteria occur, including an attempt to shift the vehicle out of PARK.
2. Justification for Petition for a Determination of
Inconsequentiality:
FCA US believes these technical noncompliances are inconsequential
to motor vehicle safety for the following reasons:
a. FMVSS No. 102
When the OPP module is in Surveillance Mode, the PRNDL display
indicates the vehicle is in REVERSE while the transmission is actually
in PARK. If a driver attempts to shift the transmission, he must press
the brake pedal because of the brake shift interlock system. Once the
brake pedal is depressed, Surveillance Mode deactivates, and the
correct gear position will be immediately displayed. Further, the
driver must have parked the vehicle, left the ignition in the RUN
position, had all doors closed, and intentionally activated
Surveillance Mode.
Surveillance Mode of the OPP module does not increase the
likelihood of shifting errors. The temporary noncompliance of
displaying an inaccurate transmission shift position in the limited
circumstances when Surveillance Mode is intentionally activated is not
likely to result in a shifting error, since Surveillance Mode
deactivates and immediately cures the technical noncompliance if the
driver attempts to shift the transmission.
NHTSA has previously granted inconsequential treatment for FMVSS
No. 102 transmission position indication noncompliances. Examples of
the Agency granting similar inconsequentiality petitions for temporary
incorrect gear position display include:
General Motors 53 FR 12638 (April 15, 1988)
General Motors 58 FR 33296 (June 16, 1993)
Nissan 64 FR 38701 (July 19, 1999)
Workhorse Custom Chassis 70 FR 21492 (April 26, 2005)
Honda 71 FR 34413 (June 14, 2006)
General Motors 76 FR 73006 (November 28, 2011)
Nissan 78 FR 59090 (September 25, 2013)
Paccar 79 FR 17648 (March 28, 2014)
Ford 80 FR 42604 (July 17, 2015)
Ford 80 FR 64058 (October 22, 2015)
General Motors 81 FR 17761 (March 30, 2016)
FCA US believes that the noncompliance in this instance is similar
to the situation presented in Nissan's petition where Nissan explains
``that the noncompliance is that, on the affected vehicles, a unique
sequence of actions can lead the shift position indicator to
incorrectly display the shift position as required by paragraph
S3.1.4.1 of FMVSS No. 102.'' See 78 FR 59090-59091 (September 25,
2013). Nissan further explained that ``[t]his issue only occurs when
the ignition is switched from ``ON'' into ``ACC'' mode
[[Page 21792]]
and the engine is off. Further, the vehicle cannot be restarted unless
the ignition is switched out of ``ACC'' at which point the shift
position indicator would reset and show the correct position.'' (Id.)
FCA US cited the Agency as agreeing with Nissan, that under these
``rare'' circumstances, ``the noncompliance poses little if any risk to
motor vehicle safety.'' FCA US says that similar to Nissan's case, in
the Charger Pursuit vehicles, the inaccurate transmission shift
position display occurs only when a specific set of conditions are
present after the operator intentionally activates Surveillance Mode.
The inaccurate transmission shift position display returns to the
correct position immediately upon pressing the brake, opening the
driver's door, shifting the transmission, or pressing the Surveillance
Mode switch. Importantly, the vehicle cannot be operated in the
noncompliant condition.
b. FMVSS No. 118
When the OPP module is in Surveillance Mode, detection of a
presence at the rear of the vehicle will initiate automatic window
closure of the driver and passenger front windows. While closing, the
power-operated windows will stop when an obstruction is detected,
however, they will not reverse direction. Removal of the reverse
direction feature was a conscious design decision made by the creator
of the OPP module, InterMotive, to facilitate the purpose of the
module--the safety and protection of law enforcement officers.
FCA US says that the regulatory history of the standard confirms
that the primary concern is the risk to children. FCA US cited the
Agency as saying, ``The Agency's experience is that children are the
group of people most likely at risk from inadvertent or unsupervised
operation of power windows.'' See 57 FR 23958 (June 5, 1992). FCA US
believes that given the police surveillance circumstances in which this
noncompliance would manifest, children are highly unlikely to be
present in the motor vehicle. FCA US says that NHTSA has previously
granted a petition for a determination of inconsequential noncompliance
based on an analysis of whether children were likely to be present in
the front seat of the noncompliant delivery trucks. FCA US cited the
Agency as saying, ``NHTSA agrees that, given the nature and intended
use of the subject vocational vehicles, it would be unlikely for
children to be placed in the front passenger seating area.'' See 81 FR
87654-87656 (December 5, 2016). FCA US believes this purpose can be
fulfilled while also protecting law enforcement officers.
FCA US contends that successful activation of Surveillance Mode
requires a specific set of conditions. Not only must the vehicle be in
the RUN position, in PARK, with the doors closed and no application of
the service brake, the driver must choose to activate the Surveillance
Mode. When Surveillance Mode is activated, the backup camera view will
be displayed on the radio head unit. This is an immediate visual cue
that the OPP module is in Surveillance Mode. It is unlikely that
Surveillance Mode would be inadvertently activated, and even if it
were, it is easily recognizable.
Deactivation of Surveillance Mode is easily achieved. It is much
more likely that Surveillance Mode can be inadvertently deactivated
rather than inadvertently activated. Switching the vehicle ignition to
the OFF position, opening the driver door, pressing the service brake,
shifting the transmission out of PARK, or pressing the Surveillance
Mode switch immediately restores normal vehicle functionality,
including reverse direction functionality of the driver and passenger
front power windows. Surveillance Mode cannot be latched on from key
cycle to key cycle, as a requirement for Surveillance Mode is the
ignition in the RUN position. Again, switching the vehicle ignition to
OFF deactivates Surveillance Mode.
Purchasers of Charger Pursuit vehicles who request the OPP module
are law enforcement agencies. Officers of such law enforcement agencies
are highly trained and sophisticated vehicle operators. Law enforcement
personnel use vehicles much differently than the average vehicle owner,
and are accustomed to, if not expect, unique vehicle attributes while
engaged in law enforcement duties.
The OPP module is a ``plug and play'' module that can be easily
removed when and if the law enforcement agency sells the vehicle into
the civilian market. FCA US acknowledges, however, that the law
enforcement agencies cannot be required to remove the OPP module from
the vehicle prior to such sale.
Lastly, FCA US is not aware of any injuries, or customer complaints
associated with the condition.
FCA US concludes by again contending 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. 2021-08447 Filed 4-22-21; 8:45 am]
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