[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Notices]
[Pages 69376-69377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31079]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0167; Notice 2]


Volvo Cars of North America, LLC, Grant of Petition for Decision 
of Inconsequential Noncompliance

    Volvo Cars of North America, LLC (Volvo), has determined that 
certain model year 2003-2009 multipurpose passenger vehicles (MPV) did 
not fully comply with paragraphs S4.4.2(a) and 4.4.2(c) 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. Volvo 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) and the rule 
implementing those provisions at 49 CFR Part 556, Volvo 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 
November 17, 2008 in the Federal Register (73 FR 67926). 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-2008-0167.''
    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.
    Affected are approximately 201,914 model years 2003-2009 XC90 MPV 
manufactured from August 5, 2002 through March 28, 2008, and 14,147 
model years 2008-2009 XC70 MPV manufactured from May 21, 2007 through 
March 28, 2008. Paragraphs S4.4.2(a) and 4.4.2(c) of FMVSS No. 110 
require in pertinent part:


[[Page 69377]]


    S4.4.2. Rim markings for vehicles other than passenger cars. 
Each rim or, at the option of the manufacturer in the case of a 
single-piece wheel, each wheel disc shall be marked with the 
information listed in S4.4.2(a) through (e), in lettering not less 
than 3 millimeters in height, impressed to a depth, or at the option 
of the manufacturer, embossed to a height of not less than 0.125 
millimeters. The information listed in S4.4.2(a) through (c) shall 
appear on the outward side. In the case of rims of multi-piece 
construction, the information listed in S4.4.2(a) through (e) shall 
appear on the rim base and the information listed in S4.4.2(b) and 
(d) shall also appear on each other part of the rim.
    (a) A designation that indicates the source of the rim's 
published nominal dimensions, as follows:
    (1) ``T'' indicates The Tire and Rim Association.
    (2) ``E'' indicates The European Tyre and Rim Technical 
Organization.
    (3) ``J'' indicates Japan Automobile Tire Manufacturers 
Association, Inc.
    (4) ``L'' indicates ABPA (Brazil), a.k.a. Associacao Latino 
Americana De Pneus E Aros.
    (5) ``F'' indicates Tire and Rim Engineering Data Committee of 
South Africa (Tredco).
    (6) ``S'' indicates Scandinavian Tire and Rim Organization 
(STRO).
    (7) ``A'' indicates The Tyre and Rim Association of Australia.
    (8) ``I'' indicates Indian Tyre Technical Advisory Committee 
(ITTAC).
    (9) ``R'' indicates Argentine Institute of Rationalization of 
Materials, a.k.a. Instituto Argentino de Racionalizacion de 
Materiales, (ARAM).
    (10) ``N'' indicates an independent listing pursuant to S4.1 of 
Sec. 571.139 or S5.1(a) of Sec. 571.119 * * *
    (c) The symbol DOT, constituting a certification by the 
manufacturer of the rim that the rim complies with all applicable 
Federal motor vehicle safety standards.

    In its petition, Volvo described the noncompliance as the omission 
of two markings from the subject vehicles' wheels, the certification 
symbol (``DOT'') and the designation symbol (in this case ``E'') which 
indicates the source of the rims' published nominal dimensions.
    Volvo argues that this noncompliance is inconsequential to motor 
vehicle safety for the following reasons: apart from S4.4.2(a) and 
S4.4.2(c), the subject rims contain all information required within 
FMVSS No. 110; the tires and rims of the affected vehicles are properly 
matched, and are appropriate for the load-carrying characteristics of 
these vehicles; the information on the wheel provides users with the 
information necessary to ensure that the wheel is mounted on the 
appropriate vehicle; and the omission of the ``DOT-E'' stamping will 
not result in misapplication of the wheels. Also, the rim markings and 
vehicle labeling, which are used to identify the correct replacement 
rim, both contain the correct and complete size of rims installed on 
the subject vehicles.
    Volvo stated that it is unaware of any accidents or injuries or 
customer complaints related to the lack of these markings and that the 
missing markings do not affect the performance of the wheels or the 
tire and wheel assemblies.
    In addition, Volvo 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 Decision

    The purpose of the labeling requirements in paragraphs S4.4.2(a) 
and S4.4.2(c) of FMVSS No. 110 is to provide safe operation of vehicles 
by ensuring that vehicles are equipped with rims of appropriate size 
and type designation mounted with compatible tires of appropriate size 
and load rating.
    The purpose of the ``DOT'' marking is to certify that the rims 
comply with all applicable standards, the failure to mark rims with a 
DOT symbol is considered a violation of 49 U.S.C. 30115, Certification, 
which does not require notification or remedy. Consequently, that 
portion of Volvo's inconsequentiality petition is moot.
    While NHTSA strongly encourages manufacturers to include the 
designation symbol required by S4.4.2(a), its omission does not prevent 
the proper matching of tires and rims in this unique situation because 
sufficient information about rim size is available from other markings 
on the rims as well as information available from the certification 
label required by 49 CFR Part 567 and the vehicle placard (tire 
information label) required by FMVSS No. 110 that are present on the 
affected vehicles. In addition, the omitted marking does not affect the 
ability to identify the rims in the event of recall and is not likely 
to have any affect on motor vehicle safety.
    In consideration of the foregoing, NHTSA has decided that Volvo has 
met its burden of persuasion that the failure to provide the 
designation symbol, as required by paragraph S4.4.2(a) of FMVSS No. 
110, is inconsequential to motor vehicle safety. Accordingly, Volvo's 
application is granted, and it is exempted from providing the 
notification of noncompliance that is required by 49 U.S.C. 30118, and 
from remedying the noncompliance, as required by 49 U.S.C. 30120.

    Authority:  49 U.S.C. 30118, 30120; delegations of authority at 
49 CFR 1.50 and 501.8 otherwise required by the subject 
noncompliance.

    Issued on: December 23, 2009.
Claude Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9-31079 Filed 12-30-09; 8:45 am]
BILLING CODE 4910-59-P