[Federal Register Volume 67, Number 130 (Monday, July 8, 2002)]
[Notices]
[Pages 45178-45179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17009]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-11420, Notice 2]


DaimlerChrysler Corporation, Inc., Grant of Application for 
Decision of Inconsequential Noncompliance

    DaimlerChrysler Corporation, Inc., (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 section 573, ``Defect and Noncompliance 
Reports.''
    Notice of receipt of the application was published, with a 30-day 
comment period, on February 6, 2002, in the Federal Register (67 FR 
5640). NHTSA received no comments.
    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 P215/65R16 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 agency believes the true measure of inconsequentiality with 
respect to the noncompliance with FMVSS No. 120, paragraph S5.3, is 
whether the tire rim size information is indicated to the consumer on 
the certification label. Normally, both the tire size and rim

[[Page 45179]]

type designations that appear on the vehicle certification label 
indicate the recommended rim size. In the case of this noncompliance, 
the rim size is missing only from the tire size designation. Therefore, 
the consumer can still determine the recommended rim size from the rim 
type designation on the certification label.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
DaimlerChrysler's application is hereby granted, and the applicant is 
exempted from the obligation of providing notification of, and a remedy 
for, the noncompliance.

(49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 
501.8).

    Issued on: July 2, 2002.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 02-17009 Filed 7-5-02; 8:45 am]
BILLING CODE 4910-59-P