[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