[Federal Register Volume 77, Number 31 (Wednesday, February 15, 2012)]
[Notices]
[Pages 8944-8945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3562]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2011-0074; Notice 1]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition for Inconsequential Noncompliance.

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SUMMARY: Chrysler Group, LLC, (Chrysler),\1\ has determined that 
certain model year 2011 Chrysler Town & Country and Dodge Grand Caravan 
multipurpose passenger vehicles manufactured between March 16, 2011 
through March 22, 2011, do not fully comply with paragraph S4.3(d) of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire selection 
and rims and motor home/recreation vehicle trailer load carrying 
capacity information for motor vehicles with a GVWR of 4,536 kilograms 
(10,000 pounds) or less. Chrysler has filed an appropriate report dated 
May 3, 2011, pursuant to 49 CFR Part 573, Defect and Noncompliance 
Responsibility and Reports.
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    \1\ Chrysler Group, LLC (Chrysler) is a vehicle manufacturer 
incorporated under the laws of the state of Delaware.
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    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.
    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.
    Chrysler estimates that approximately 729 model year 2011 Chrysler 
Town & Country and Dodge Grand Caravan multipurpose passenger vehicles 
manufactured between March 16, 2011 and March 22, 2011 and equipped 
with Yokohama size 225/65-R16 passenger car tires are affected.
    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. Therefore, these provisions 
only apply to the 729 \2\ subject vehicles that Chrysler no longer 
controlled at the time that it determined that a noncompliance existed 
in the subject vehicles.
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    \2\ Chrysler's petition, which was filed under 49 CFR Part 556, 
requests an agency decision to exempt Chrysler as a vehicle 
manufacturer from the notification and recall responsibilities of 49 
CFR Part 573 for 729 of the affected vehicles. However, a decision 
on this petition cannot relieve vehicle distributors and dealers of 
the prohibitions on the sale, offer for sale, introduction or 
delivery for introduction into interstate commerce of the 
noncompliant vehicles under their control after Chrysler notified 
them that the subject noncompliance existed.
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    Paragraph S4.3(d) of FMVSS No. 110 require in pertinent part:

    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* * *
    (d) Tire size designation, indicated by the headings ``size'' or 
``original tire size'' or ``spare,'' for the tires installed at the 
time of the first purchase for purposes other than resale. For full 
size spare tires, the statement ``see above'' may, at the 
manufacturer's option replace the tire size designation. If no spare 
tire is provided, the word ``none'' must replace the tire size 
designation''* * *

    Chrysler explains that during the production of the subject vehicle 
models there was a temporary shortage of Kumho size 235/60R16 passenger 
car tires. As a result, Yokahama size 225/65R16 tires and vehicle 
placard were substituted. On March 16, 2011, when the Kumho tires were 
scheduled to be reintroduced, the vehicle placard was updated to 
reflect the tire change and placed on the subject vehicles. However, 
729 vehicles that received the updated vehicle placard were fitted with 
the Yokahama tires instead of the Kumho tires. The noncompliance is 
that the vehicle placards incorrectly identified the tire size as 
required by paragraph S4.3(d) of FMVSS No. 110.
    Chrysler notes that the tire inflation pressure requirement for 
both tires is the same and that the recommended gross vehicle weight 
rating (GVWR) of the vehicles is not affected by the tire change. 
Chrysler also notes that the tire circumference for both tires is the 
same and that the functions of the vehicle odometer, the tire pressure 
monitoring system (TPMS) and the electronic stability program (ESP) are 
not affected. In addition, Chrysler stated that the subject Kumho and 
Yokahama tires provide equivalent performance when mounted on the 
subject vehicles.
    Chrysler also explains that while the non-compliant vehicle 
placards incorrectly state the tire size, they meet or exceed all other 
applicable Federal Motor Vehicle Safety Standards.
    Chrysler argues that this noncompliance is inconsequential to motor 
vehicle safety because the noncompliant vehicle placards do not create 
an unsafe condition and all other labeling requirements have been met.
    Chrysler also added that it believes that NHTSA has previously 
granted similar petitions.
    In summation, Chrysler believes that the described noncompliance of 
its tires to meet the requirements of FMVSS No. 110 is inconsequential 
to motor vehicle safety, and that its petition, to exempt from 
providing recall notification of noncompliance as required by 49 U.S.C. 
30118 and remedying the recall noncompliance as required by 49 U.S.C. 
30120 should be granted.
    Comments: 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

[[Page 8945]]

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) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78).
    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. 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: March 16, 2012.

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

    Issued on: February 9, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-3562 Filed 2-14-12; 8:45 am]
BILLING CODE 4910-59-P