FCA US LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
| Published date | 28 March 2024 |
| Record Number | 2024-06653 |
| Citation | 89 FR 21658 |
| Court | National Highway Traffic Safety Administration |
| Section | Notices |
Federal Register, Volume 89 Issue 61 (Thursday, March 28, 2024)
[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Notices]
[Pages 21658-21660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06653]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2023-0046; 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 (FCA) has determined that certain model year (MY)
2022-2023 Ram ProMaster vehicles do not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. FCA
filed a noncompliance report dated April 13, 2023, and subsequently
petitioned NHTSA (the ``Agency'') on May 5, 2023, for a decision that
the subject noncompliance is inconsequential as it relates to motor
vehicle safety. This document announces receipt of FCA's petition.
DATES: Send comments on or before April 29, 2024.
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 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).
FOR FURTHER INFORMATION CONTACT: Frederick Smith, General Engineer,
NHTSA, Office of Vehicle Safety Compliance, (202) 366-7487.
[[Page 21659]]
SUPPLEMENTARY INFORMATION:
I. Overview: FCA determined that certain MY 2022-2023 Ram ProMaster
vehicles do not fully comply with paragraph S5.3 of FMVSS No. 101,
Controls And Displays (49 CFR 571.101).
FCA filed a noncompliance report dated April 13, 2023, pursuant to
49 CFR part 573, Defect and Noncompliance Responsibility and Reports.
FCA petitioned NHTSA on May 5, 2023, 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's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
another exercise of judgment concerning the merits of the petition.
II. Vehicles Involved: Approximately 9,101 MY 2022-2023 Ram
ProMaster vans, manufactured between August 30, 2021, and March 23,
2023, were reported by the manufacturer.
III. Noncompliance: FCA explains that the subject vehicles equipped
with a 3.5-inch IPC and adaptive cruise control (``ACC'') may have been
built with IPC software that can cause the IPC to go blank for four to
five seconds while it resets, and therefore does not comply with
paragraph S5.3 of FMVSS No. 101. Specifically, if the ACC is engaged
and in ready mode, and if the driver rapidly presses the speed control
button (three or more times in one second), the system can incorrectly
detect a fault and trigger a cluster reset. During this reset, the
cluster display will go blank, and the speedometer indicator will go to
zero before resetting.
IV. Rule Requirements: Paragraph S5.3 of FMVSS No. 101 includes the
requirements relevant to this petition. Paragraph S5.3.1(a) provides
that except as provided in S5.3.1(c), the identifications of controls
for which the word ``Yes'' is specified in column 5 of Table 1 must be
capable of being illuminated whenever the headlamps are activated. This
requirement does not apply to a control located on the floor, floor
console, steering wheel, steering column, or in the area of windshield
header, or to a control for a heating and air-conditioning system that
does not direct air upon the windshield. Paragraph S5.3.1(e) provides
that a telltale must not emit light except when identifying the
malfunction or vehicle condition it is designed to indicate, or during
a bulb check.
V. Summary of FCA's Petition: The following views and arguments
presented in this section, ``V. Summary of FCA's Petition,'' are the
views and arguments provided by FCA. They have not been evaluated by
the Agency and do not reflect the views of the Agency. FCA describes
the subject noncompliance and contends that the noncompliance is
inconsequential as it relates to motor vehicle safety.
The noncompliant condition can occur regardless of the use of the
vehicle's headlamps. Further, the IPC reset effectively includes a bulb
check function for all of the IPC Telltales as it comes back on. As
mentioned above, the IPC reset occurs when the ACC is engaged, and the
driver rapidly and repeatedly presses the steering wheel-mounted button
to either increase or decrease the ACC set speed. Other than causing
the IPC to reset, no other function of the vehicle is affected, and the
vehicle does not shut off. For example, the vehicle will continue to
operate with full motive power as prescribed by the ACC engaged speed
last selected by the driver. Power assist for both steering and braking
are also unaffected by the IPC reset event, as are headlamp and
taillamp functionality. The driver will continue to be able to adjust
the ACC set speed using the control buttons during and after the reset
event.
FCA explains that the subject noncompliance may arise regardless of
whether the vehicle's headlamps are in use. FCA adds that the IPC reset
includes a bulb check function for all IPC Telltales upon reactivation.
The IPC reset occurs when the ACC is activated, and the ``driver
rapidly and repeatedly presses the steering wheel-mounted button to
either increase or decrease the ACC set speed.'' FCA notes that aside
from initiating the IPC reset, no other vehicle function is affected,
and the vehicle does not shut off. FCA says the vehicle will continue
to function with full motive power based on the ACC engaged speed last
chosen by the driver. Further, FCA says that power assist for both
steering and braking remains unaffected by the IPC reset event, as do
headlamp and taillamp functionalities. According to FCA, throughout and
after the reset event, the driver retains the ability to adjust the ACC
set speed using the control buttons. FCA asserts that the subject
noncompliance is not a significant hazard that diverts the driver's
attention from the driving task or results in control selection
mistakes (FCA refers to FMVSS No. 101 S2). Therefore, FCA believes that
the subject noncompliance should be deemed inconsequential to motor
vehicle safety for following reasons:
1. The reset occurs only if the driver ``repeatedly and quickly''
presses a button on the steering wheel to change the ACC set speed,
which FCA says would indicate that the driver is ``actively engaged in
the driving task.''
2. The reset does not induce any change in vehicle behavior that
might prompt the driver to react unsafely.
3. All exterior lighting, including headlamps, taillamps, and turn
signals, remains fully functional and unaffected by the reset event.
4. No required controls are affected, and all controls they will
remain properly illuminated and functional,
5. FCA refers to paragraph S5.3.1(b) of FMVSS No. 101 which
provides that except as provided in S5.3.1(c), the indicators and their
identifications for which the word Yes is specified in column 5 of
Table 1 must be illuminated whenever the vehicles propulsion system and
headlamps are activated.
a. FCA contends that the temporary loss of illumination of the
required indicators resulting from the reset event does not pose an
unsafe condition for the driver. Further, FCA says that none of the
required indicators identifies a condition demanding a response in less
than five seconds to avoid an unsafe condition.
b. FCA says that the indicators required by FMVSS No. 101 Table 1
that are affected are: Fuel Level; Engine oil pressure; Engine coolant
temperature; Electrical charge; Speedometer; Automatic transmission
control position. Regarding the speedometer, FCA asserts that the
driver would be aware of the vehicle speed before deciding to activate
the ACC set speed change. According to FCA, the reset is triggered by
the incremental adjustment of the known set speed, yet the driver
remains aware of the speed at the commencement of the set speed change
action and promptly after the conclusion of the reset event.
Additionally, FCA says that the vehicle will consistently be in Drive
for the reset event to take place, ensuring that the automatic
transmission control position remains unchanged throughout the reset
event.
6. FCA says that the reset event will briefly illuminate all
telltales, deviating from the exception allowed by paragraph S5.3.1(e)
of FMVSS No. 101. However, FCA contends that the likelihood of this
brief illumination posing an unreasonable risk to safety before the
reset is complete is extremely low. Further, FCA states that following
[[Page 21660]]
the reset event, any telltale required by an underlying condition will
become properly illuminated, while all others will be extinguished.
7. FCA refers to the Federal Register Docket No. NHTSA20130134;
Notice 2 in which, according to FCA, NHTSA granted a petition for a
decision of inconsequential noncompliance for a condition that is
substantially similar to the subject noncompliance. Like that petition,
FCA says it willing to provide NHTSA with a video of the reset event or
provide a vehicle for NHTSA personnel to test in real world driving
conditions. The subject noncompliance is substantially similar to the
previously granted noncompliance petition.
8. FCA notes that it began vehicle production with compliant IPC
software on March 23, 2023, and states that it is not aware of any
crashes, injuries, or customer complaints associated with the
condition.
FCA concludes by stating its belief that the subject noncompliance
is inconsequential as it relates to motor vehicle safety and 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 no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve vehicles
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
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. 2024-06653 Filed 3-27-24; 8:45 am]
BILLING CODE 4910-59-P
