[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Pages 39779-39780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15662]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0012; Notice 2]


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

    Chrysler, LLC (Chrysler) has determined that certain vehicles that 
it manufactured during the period of October 1, 2003 through August 28, 
2007, do not fully comply with either paragraph S4.3.3 of 49 CFR 
571.110 (Federal Motor Vehicle Safety Standards (FMVSS) No. 110, Tire 
Selection and Rims for Motor Vehicles With a GVWR of 4,536 Kilograms 
(10,000 Pounds) or Less), or paragraph S5.3 of 49 CFR 571.120 (FMVSS 
No. 120, Tire Selection and Rims for Vehicles Other Than Passenger 
Cars)--depending on when the vehicle was manufactured. On November 6, 
2007, Chrysler filed an appropriate report pursuant to 49 CFR Part 573, 
Defect and Noncompliance Responsibility and Reports identifying 
approximately 154,000 model year 2005-2008 Dodge Magnum multipurpose 
passenger vehicles (MPV), and approximately 103,000 model year 2007-
2008 Jeep Compass and Jeep Patriot MPVs that do not comply with the 
paragraphs of FMVSS Nos. 110 and 120 cited above.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions 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. Notice of 
receipt of the petition was published, with a 30-day public comment 
period, on January 29, 2008 in the Federal Register (73 FR 5262). No 
comments were received. To view the petition and all supporting 
documents log onto the Federal Docket Management System (FDMS) Web site 
at: http://www.regulations.gov/. Then follow the online search 
instructions to locate docket number ``NHTSA-2008-0012.''
    For further information on this decision, contact Mr. John 
Finneran, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-0645, 
facsimile (202) 366-7097.
    Paragraphs S4.3.3 of 49 CFR 571.110 and S5.3 of 49 CFR 571.120 
require that:


[[Page 39780]]



4.3.3 of 49 CFR 571.110

    Additional labeling information for vehicles other than 
passenger cars. Each vehicle shall show the size designation and, if 
applicable, the type designation of rims (not necessarily those on 
the vehicle) appropriate for the tire appropriate for use on that 
vehicle, including the tire installed as original equipment on the 
vehicle by the vehicle manufacturer, after each GAWR listed on the 
certification label required by Sec. 567.4 or Sec. 567.5 of this 
chapter. This information shall be in the English language, lettered 
in block capitals and numerals not less than 2.4 millimeters high 
and in the following format:

Truck Example--Suitable Tire-Rim Choice

    GVWR: 2,441 kilograms (5381 pounds).
    GAWR: Front--1,299 kilograms (2,864 pounds) with P265/70R16 
tires, 16 x 8.0 rims at 248 kPa (36 psi) cold single.
    GAWR: Rear--1,299 kilograms (2,864 pounds) with P265/70R16 
tires, 16 x 8.00 rims, at 248 kPa (36 psi) cold single.

S5.3 Label information of 49 CFR 571.120

    Each vehicle shall show the information specified in S5.3.1 and 
S5.3.2 and, in the case of a vehicle equipped with a non-pneumatic 
spare tire, the information specified in S5.3.3, in the English 
language, lettered in block capitals and numerals not less than 2.4 
millimeters high and in the format set forth following this section. 
This information shall appear either--
    (a) After each GAWR listed on the certification label required 
by Sec. 567.4 or Sec. 567.5 of this chapter; or, at the option of 
the manufacturer,
    (b) On the tire information label affixed to the vehicle in the 
manner, location and form described in Sec. 567.4 (b) through (f) of 
this chapter, as appropriate for each GVWR-GAWR combination listed 
on the certification label.
    S5.3.1 Tires. The size designation (not necessarily for the 
tires on the vehicle) and the recommended cold inflation pressure 
for those tires such that the sum of the load ratings of the tires 
on each axle (when the tires' load carrying capacity at the 
specified pressure is reduced by dividing by 1.10, in the case of a 
tire subject to FMVSS No. 109) is appropriate for the GAWR as 
calculated in accordance with S5.1.2.
    S5.3.2. Rims. The size designation and, if applicable, the type 
designation of Rims (not necessarily those on the vehicle) 
appropriate for those tires.

Truck Example--Suitable Tire-Rim Choice

    GVWR: 7,840 KG (17,289 LB)
    GAWR: FRONT--2,850 KG (6,280 LB) WITH 7.50-20(D) TIRES, 20 x 
6.00 RIMS AT 520 KPA (75 PSI) COLD SINGLE
    GAWR: REAR--4,990 KG (11,000 LB) WITH 7.50-20(D) TIRES, 20 x 
6.00 RIMS, AT 450 KPA (65 PSI) COLD DUAL
    GVWR: 13,280 KG (29,279 LB)
    GAWR: FRONT--4,826 KG (10,640 LB) WITH 10.00-20(F) TIRES, 20 x 
7.50 RIMS, AT 620 KPA (90 PSI) COLD SINGLE
    GAWR: REAR--8,454 KG (18,639 LB) WITH 10.00-20(F) TIRES, 20 x 
2.70 RIMS, AT 550 KPA (80 PSI) COLD DUAL
    S5.3.3 The non-pneumatic tire identification code, with which 
that assembly is labeled pursuant to S4.3(a) of Sec. 571.129.
    Chrysler described the noncompliance as the omission of required 
tire and rim information on the certification labels.
    Chrysler explained that S4.3.3 of FMVSS No. 110, which applies only 
to vehicles other than passenger cars with a GVWR of 10,000 pounds or 
less, and which went into effect on September 1, 2005, provides as 
follows: ``Each vehicle shall show the size designation and, if 
applicable, the type designation of rims (not necessarily those on the 
vehicle) appropriate for the tire appropriate for use on that vehicle, 
including the tire installed as original equipment on the vehicle by 
the vehicle manufacturer, after each GAWR [Gross Axle Weight Rating] 
listed on the certification label required by Sec.  567.4 or Sec.  
567.5 of this chapter * * *'' Prior to September 1, 2005, similar 
requirements set out in S5.3 of FMVSS No. 120 applied to all non-
passenger cars, regardless of their GVWR. Approximately 94,718 Dodge 
Magnums manufactured prior to September 1, 2005 failed to meet the 
requirements of FMVSS No. 120 and the remainder of the subject vehicles 
failed to meet the requirements of FMVSS No. 110.
    Chrysler further explained that although the certification labels 
on the vehicles in question do not contain the appropriate tire and rim 
information after the specified GAWRs, the rim size and type are marked 
on the rims themselves. And, the size designation for the tires on each 
vehicle, which also reflects the size of the rims on the vehicle, is 
included on the tire placard affixed to the B-pillar on each vehicle, 
as required by S4.3(d) of FMVSS No. 110 for vehicles manufactured after 
September 1, 2005. Additionally, Magnums manufactured prior to 
September 1, 2005 had a Tire and Loading Information Label containing 
the relevant tire and rim size affixed to the B-pillar. Thus, the 
relevant rim information is clearly available to each vehicle owner and 
operator.
    Chrysler also stated that it has not received any consumer 
complaints regarding the absence of rim size information on the subject 
certification label.
    In addition, Chrysler stated 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 Decision

    NHTSA agrees with Chrysler that this noncompliance will not have an 
adverse effect on vehicle safety. Since rim size and type information 
are marked on the wheels of the vehicles, and the rim diameter can be 
determined from the tire size on the placard attached to some of the 
vehicles, the information needed to ensure that the vehicles are 
equipped with the proper rims and compatible tires is readily available 
to potential users.
    In consideration of the foregoing, NHTSA has decided that Chrysler 
has met its burden of persuasion that the labeling noncompliances 
described are inconsequential to motor vehicle safety. Accordingly, 
Chrysler's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliances under 49 U.S.C. 30118 and 30120.

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

    Issued on: July 2, 2008.
Daniel C. Smith,
Associate Administrator for Enforcement.
 [FR Doc. E8-15662 Filed 7-9-08; 8:45 am]
BILLING CODE 4910-59-P