[Federal Register Volume 67, Number 25 (Wednesday, February 6, 2002)]
[Notices]
[Pages 5640-5641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2827]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-11420, Notice 1]


DaimlerChrysler Corporation; Receipt of Application for Decision 
of Inconsequential Noncompliance

    DaimlerChrysler Corporation (DaimlerChrysler) has determined that 
approximately 28,265 of its model year 2002 RS vehicles (Dodge and 
Chrysler mini vans) do not meet the labeling requirements of paragraph 
S5.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 120 ``Tire 
Selection and Rims for Motor Vehicles Other than Passenger Cars.'' 
Pursuant to 49 U.S.C. 30118(d) and 30120(h), DaimlerChrysler has 
petitioned for a determination that this noncompliance is 
inconsequential to motor vehicle safety and has filed an appropriate 
report pursuant to 49 CFR part 573, ``Defect and Noncompliance 
Reports.''
    This notice of receipt of an application 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 application.
    DaimlerChrysler determined that the rim size was inadvertently 
omitted from the tire size designation included on the certification 
label affixed to 28,265 of its model year 2002 RS vehicles. The 
recommended tire size designation for these vehicles is P215/65R16. Due 
to an error in the printing process, the rim size designation number, 
specifically the number 16, was inadvertently omitted from the 
certification label. As a result, the recommended tire size designation 
on the vehicle's certification label reads as ``P215/65R,'' rather than 
``P215/65R16.''
    DaimlerChrysler believes that the noncompliance is inconsequential 
to motor vehicle safety for several reasons. First, the noncompliant 
2002 RS vehicles were constructed with P215/65 R16 tires. 
DaimlerChrysler believes that most vehicle owners, dealers, and tire 
service technicians would refer to the vehicles' existing tires 
(specifically P215/65 R16 tires) to determine the appropriate size for 
a replacement tire rather than to the certification label. Second, the 
certification label lists the complete designated rim size, including 
the rim diameter, appropriate for the P215/65 R16 tires.
    The purpose of S5.3 is to ensure that vehicle owners can readily 
determine the appropriate size replacement tire for their particular 
vehicle. DaimlerChrysler is confident that sufficient information is 
available to fulfill the safety purpose of S5.3 despite the 
noncompliance. As discussed above, individual vehicle owners can refer 
to the tire currently installed on the vehicle, the vehicle's 
recommended rim size, and the vehicle owner's manual to determine the 
appropriate tire size for the vehicle. DaimlerChrysler believes, 
therefore, that the noncompliance is inconsequential to motor vehicle 
safety because, despite the noncompliance, sufficient information is 
available to inform the owners as to the appropriate size for a 
replacement tire for the vehicles at issue.
    DaimlerChrysler cited several petitions for inconsequential 
noncompliance filed by tire and vehicle manufacturers over the past 15 
years. The petitions, which were granted by the agency, involved tire, 
rim and vehicle placard labeling issues similar to noncompliance issues 
in this petition.
    Interested persons are invited to submit written data, views and 
arguments on the application described above. Comments should refer to 
the docket number and be submitted to: U.S. Department to 
Transportation, Docket Management, Room PL-401, 400 Seventh Street, 
SW., Washington, DC 20590. It is requested that two copies be 
submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible.

[[Page 5641]]

When the application is granted or denied, the notice will be published 
in the Federal Register pursuant to the authority indicated below.
    Comment closing date: March 8, 2002.
(49 U.S.C. 301118, 301120; delegations of authority at 49 CFR 1.50 
and 501.8)

    Issued on: February 1, 2002.
Stephen R. Kratzke,
Associate Administrator, for Safety Performance Standards.
[FR Doc. 02-2827 Filed 2-5-02; 8:45 am]
BILLING CODE 4910-59-P