[Federal Register Volume 73, Number 109 (Thursday, June 5, 2008)]
[Notices]
[Pages 32076-32077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12548]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0103; Notice 1]


Chrysler, LLC, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Chrysler, LLC (Chrysler) has determined that certain vehicles that 
it manufactured during the period of March 14, 2006 through March 20, 
2008, do not fully comply with paragraph S4.3 of 49 CFR 571.110 
(Federal Motor Vehicle Safety Standard (FMVSS) No. 110 Tire Selection 
and Rims for Motor Vehicles With a GVWR of 4,536 Kilograms (10,000 
Pounds) or Less). Chrysler has filed an appropriate report pursuant to 
49 CFR Part 573, Defect and Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Chrysler has petitioned for an exemption from the 
notification and remedy requirements of 49 U.S.C. Chapter 301 on the 
basis that this noncompliance is inconsequential to motor vehicle 
safety.
    This notice of receipt of Chrysler'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.
    Affected are approximately 1,886 model year 2007-2008 Jeep Wrangler 
right-hand drive (RHD) multipurpose passenger vehicles (MPV).
    Paragraphs S4.3 of 49 CFR 571.110 requires in pertinent part that:

    S4.3 Placard. Each vehicle, except for a trailer or incomplete 
vehicle, shall show the information specified in S4.3 (a) through 
(g), and may show, at the manufacturer's option, the information 
specified in S4.3 (h) and (i), on a placard permanently affixed to 
the driver's side B-pillar. In each vehicle without a driver's side 
B-pillar and with two doors on the driver's side of the vehicle 
opening in opposite directions, the placard shall be affixed on the 
forward edge of the rear side door. If the above locations do not 
permit the affixing of a placard that is legible, visible and 
prominent, the placard shall be permanently affixed to the rear edge 
of the driver's side door. If this location does not permit the 
affixing of a placard that is legible, visible and prominent, the 
placard shall be affixed to the inward facing surface of the vehicle 
next to the driver's seating position. This information shall be in 
the English language and conform in color and format, not including 
the border surrounding the entire placard, as shown in the example 
set forth in Figure 1 in this standard. At the manufacturer's 
option, the information specified in S4.3 (c), (d), and, as 
appropriate, (h) and (i) may be shown, alternatively to being shown 
on the placard, on a tire inflation pressure label which must 
conform in color and format, not including the border surrounding 
the entire label, as shown in the example set forth in Figure 2 in 
this standard. The label shall be permanently affixed and proximate 
to the placard required by this paragraph. The information specified 
in S4.3 (e) shall be shown on both the vehicle placard and on the 
tire inflation pressure label (if such a label is affixed to provide 
the information specified in S4.3 (c), (d), and, as appropriate, (h) 
and (i)) may be shown in the format and color scheme set forth in 
Figures 1 and 2.

    Chrysler stated that the noncompliance is that the required placard 
was installed on the passenger's side (left side) door on each of the 
subject RHD vehicles, not on the driver's side (right side) door or B-
pillar as required by FMVSS No. 110.
    Chrysler explains that the subject vehicles were sold primarily for 
use by rural postal carriers, since RHD makes it easier for the 
carriers to access mailboxes located along the right side of the 
roadway. The relevant portion of S4.3 of FMVSS No. 110, entitled 
``Placard,'' provides as follows: ``Each vehicle, except for a trailer 
or incomplete vehicle, shall show the information specified in S4.3(a) 
through (g) * * * on a placard permanently affixed to the driver's side 
B-pillar. In each vehicle without a driver's side B-pillar and with two 
doors on the driver's side of the vehicle opening in opposite 
directions, the placard shall be affixed on the forward edge of the 
rear side door. If the above locations do not permit the affixing of a 
placard that is legible, visible and prominent, the placard shall be 
permanently affixed to the rear edge of the driver's side door.''
    Chrysler further explained that the subject vehicles have placards 
that contain all of the tire and vehicle loading information required 
by the various subsections of S4.3. However, because of an inadvertent 
failure of the assembly plant work instructions to differentiate 
between RHD and left hand drive (LHD) vehicles in this respect, the 
placards were inadvertently affixed to the rear edge of the door on the 
left (passenger) side of the subject vehicles, as opposed to the 
driver's side door. (Chrysler notes that the subject vehicles do not 
have a B-pillar with a flat surface that would permit the affixing of a 
placard that is ``legible, visible, and prominent.'')
    Chrysler states its belief that the fact that the placard required 
by paragraph S4.3 of the standard was affixed to the left hand door of 
these RHD vehicles--as opposed to the driver's side door--creates 
absolutely no risk to motor vehicle safety. All of the relevant tire 
and loading information is set forth on the placard, and therefore it 
is readily available to vehicle operators. Moreover, the placard is 
located at the place where United States drivers are used to looking 
for it.
    Chrysler also states its belief that the operators of the subject 
vehicles will have almost certainly owned and driven conventional LHD 
vehicles, so they will have had experience in locating the tire and 
load information on the left side of their vehicles. And in the 
extremely unlikely event that an owner has difficulty locating the 
placard, the owner's manual provided with the subject vehicles shows 
the location of the placard on the left side door.
    Chrysler also makes reference to several previous NHTSA 
inconsequential noncompliance decisions that in its opinion are similar 
to the instant one.
    Chrysler also notes that it has not received any consumer 
complaints

[[Page 32077]]

regarding an inability to locate the placard or an unawareness of the 
relevant tire and loading information.
    In addition, Chrysler states that it has corrected the problem that 
caused these errors so that they will not be repeated in future 
production and that it believes that because the noncompliance is 
inconsequential to motor vehicle safety that no corrective action is 
warranted.
    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.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to: 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 Federal Holidays.
    c. Electronically: by logging onto the Federal Docket Management 
System (FDMS) website at http://www.regulations.gov/. Follow the online 
instructions for submitting comments. Comments may also be faxed to 1-
202-493-2251.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. Please note that we are allowing just 
10 days for comment in order to expedite resolution of this matter. All 
comments and supporting materials received after the closing date will 
also be filed and will be considered to the extent possible. When the 
petition is granted or denied, notice of the decision will be published 
in the Federal Register pursuant to the authority indicated below.
    Comment closing date: June 16, 2008.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: May 29, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-12548 Filed 6-4-08; 8:45 am]
BILLING CODE 4910-59-P