FCA US, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

Citation85 FR 553
Record Number2019-28472
Published date06 January 2020
SectionNotices
CourtNational Highway Traffic Safety Administration,Transportation Department
Federal Register, Volume 85 Issue 3 (Monday, January 6, 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]
                 BILLING CODE 4910-59-P
                

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