[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Notices]
[Pages 39676-39678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14213]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0040; Notice 2]


Kia Motors America, Inc., Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: Kia Motors America, Inc., and Kia Motors Corporation 
(collectively ``Kia''), has determined that certain model year (MY) 
2020 Kia Telluride motor vehicles do not fully comply with 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. Kia filed a noncompliance report dated April 12, 2019, 
and subsequently petitioned NHTSA on April 18, 2019, for a decision 
that the subject noncompliance is inconsequential as it relates to 
motor vehicle safety. This notice announces the grant of Kia's 
petition.

FOR FURTHER INFORMATION CONTACT: Kerrin Bressant, Office of Vehicle 
Safety

[[Page 39677]]

Compliance, the National Highway Traffic Safety Administration (NHTSA), 
telephone (202) 366-1110, facsimile (202) 366-5930.

SUPPLEMENTARY INFORMATION:

I. Overview

    Kia has determined that certain MY 2020 Kia Telluride motor 
vehicles do not fully comply with paragraphs S4.3.3 of 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 (49 CFR 571.110). Kia filed a 
noncompliance report dated April 12, 2019, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports, and subsequently 
petitioned NHTSA on
    April 18, 2019, for an exemption from the notification and remedy 
requirement of 49 U.S.C Chapter 301 on the basis that this 
noncompliance is inconsequential as it relates to motor vehicle safety, 
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 
Exemption for Inconsequential Defect or Noncompliance.
    Notice of receipt of Kia's petition was published with a 30-day 
public comment period, on August 21, 2019, in the Federal Register (84 
FR 43661). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) website at https://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2019-0040.''

II. Vehicles Involved

    Approximately 8,773 MY 2020 Kia Telluride motor vehicles 
manufactured between January 10, 2019, and March 27, 2019, are 
potentially involved.

III. Noncompliance:

    Kia explains that the noncompliance is that the subject vehicles 
are equipped with Part 567 certification labels that are missing the 
value for the rim size as required by paragraph S4.3.3 of FMVSS No. 
110. Specifically, the subject vehicles are equipped with 7.5Jx20 or 
7.5Jx18 rims, however, the Part 567 certification labels are missing 
the ``20'' or ``18'' after the ``7.5Jx.'' The certification labels also 
contain a typo. The ``i'' in ``psi'' is missing in the section of the 
label, which identifies the corresponding tire inflation pressure.

IV. Rule Requirements

    Paragraphs S4.3.3 of FMVSS No. 110 provide the requirements 
relevant to this petition. Each vehicle must show the size designation 
and, if applicable, the type designation of rims (not necessarily those 
on the vehicle) appropriate for the tire and 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 should be in English, letters 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, 
16x8.0 rims at 248 kPa (36 psi) cold single.
    GAWR: Rear-1,299 kilograms (2,864 pounds) with P265/70R16 tires, 
16x8.00 rims at 248 kPa (36 psi) cold single.

V. Summary of Petition

    Kia described the subject noncompliance and stated its belief that 
the noncompliance is inconsequential as it relates to motor vehicle 
safety.
    In support of its petition, Kia contends that the information 
missing from the label is a minor omission without any adverse safety 
implications because the information is readily available from other 
sources.
    1. Kia states, FMVSS No. 110 paragraph S4.3(d), requires that the 
tire and loading information placard state the tire size designation 
for the tires installed on the vehicle at the time of first purchase. 
On the affected vehicles, the FMVSS No. 110 tire and loading label 
(which is located directly adjacent to the certification label on the 
``B'' pillar), contains the correct tire size dimensions, recommended 
cold tire inflation pressure, and vehicle capacity weight.
    2. FMVSS No. 110, paragraph S4.3(f), also requires the tire and 
loading placard to state ``See Owner's Manual for Additional 
Information.'' The Owner's Manual for the 2020 Telluride provides the 
wheel rim and tire information, which the owner can easily refer to to 
confirm the correct tire pressure.
    3. The consumer can also check the tire rims installed on the 
vehicle to determine the correct wheel rim size needed. Kia noted that 
FMVSS No. 110, paragraph S.4.4.2(b), requires each rim to identify, the 
rim size designation. The affected vehicles meet the requirements of 
this section.
    4. Kia is not aware of any accidents or injuries related to the 
omitted tire rim size information or any typos regarding ``psi'' on the 
certification label, nor has it received contact from vehicle owners 
regarding this issue.
    5. NHTSA has previously granted similar petitions for 
inconsequential noncompliance with FMVSS No. 110, paragraph S4.3.3, 
with respect to missing or incorrect information on the certification 
label. See e.g., Hyundai-Kia America Technical Center, Inc., Grant of 
Petition for Decision of Inconsequential Noncompliance, 78 FR 38445 
(June 26, 2013) [granting petition where certification labels on 
certain MY 2012 Hyundai Veracruz vehicles were missing tire size 
designation information entirely]; Chrysler Group, LLC, Grant of 
Petition for Decision of Inconsequential Noncompliance, 78 FR 38443 
(June 26, 2013) [granting petition where certification labels in 
certain MY 2011 Chrysler Town and Country and Dodge Grand Caravan 
vehicles incorrectly identified tire size]; and BMW of North America, 
LLC., Grant of Petition for Decision of Inconsequential Noncompliance, 
78 FR 76408 (December 17, 2013) [granting petition were certification 
lab is in certain MY 2012 X3 SAV vehicles contained incorrect tire and 
rim information for the tires and rims installed as original 
equipment].
    Kia concludes that the subject noncompliance is inconsequential as 
it relates to motor vehicle safety and that its petition to be exempted 
from providing notification of the noncompliance, as required by 49 
U.S.C. 30118, and a remedy for the noncompliance, as required by 49 
U.S.C. 30120, should be granted.

VI. NHTSA's Analysis

    The intent of FMVSS No. 110 is to specify requirements for tire 
selection to prevent tire overloading. In addition, 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 567.4 or 567.5 of this chapter.
    The missing rim size information (specifically the ``rim 
diameter'') may readily be obtained from several additional sources 
typically found on and required to be furnished with the vehicle. The 
rim size is marked on the rims either impressed or embossed. The rim 
dimensions may also be found in the owners' manual which is referenced 
as an information source by the tire and loading information placard 
which is positioned adjacent to the certification

[[Page 39678]]

label and is yet another source for tire and rim dimension information.
    FMVSS 110 S4.4.2(b) requires that each rim be marked with the rim 
size designation. By way of pictures taken of tire rims of affected 
vehicles, Kia shows that the affected vehicles are equipped with rims 
that are marked with the rim size and meet the requirements of this 
section.
    The tire placard required by FMVSS 110 S4.3(d) requires that the 
tire size designation be provided for the tires installed at the time 
of the first purchase and FMVSS 110 S4.3(f) requires that the placard 
state ``See Owner's Manual for Additional Information.'' Based on 
supplied exemplar pictures submitted by Kia, the affected vehicles meet 
the requirements of FMVSS 110 S4.3
    NHTSA has historically granted petitions for inconsequentiality for 
inaccurate tire placards where the grantee has supplied sufficient 
reasoning to support such a conclusion. In addition, Kia has informed 
NHTSA that it has corrected future production and that those vehicles 
will comply with FMVSS 110 S4.3.3.

VII. NHTSA's Decision

    In consideration of the foregoing, NHTSA has decided that Kia has 
met its burden of persuasion that the failure to provide the wheel size 
information and the ``i'' in psi, as required by paragraph S4.3 of 
FMVSS No. 110, is inconsequential to motor vehicle safety. Accordingly, 
Kia's petition is granted, and it is exempted from the obligation of 
providing the notification of, and a free remedy for, the noncompliance 
under 49 U.S.C. 30118, and 30120.
    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, this decision 
only applies to the subject vehicles that Kia no longer controlled at 
the time it determined that the noncompliance existed. However, the 
granting of this petition does not relieve vehicle distributors and 
dealers of the prohibitions on the sale, offer for sale, or 
introduction or delivery for introduction into interstate commerce of 
the noncompliant vehicles/wheels under their control after Kia notified 
them that the subject noncompliance existed.

(Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 49 
CFR 1.95 and 501.8)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2020-14213 Filed 6-30-20; 8:45 am]
BILLING CODE 4910-59-P