[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Notices]
[Pages 21658-21660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06653]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2023-0046; Notice 1]


FCA US LLC, Receipt of Petition for Decision of Inconsequential 
Noncompliance

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

ACTION: Receipt of petition.

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SUMMARY: FCA US LLC (FCA) has determined that certain model year (MY) 
2022-2023 Ram ProMaster vehicles do not fully comply with Federal Motor 
Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. FCA 
filed a noncompliance report dated April 13, 2023, and subsequently 
petitioned NHTSA (the ``Agency'') on May 5, 2023, for a decision that 
the subject noncompliance is inconsequential as it relates to motor 
vehicle safety. This document announces receipt of FCA's petition.

DATES: Send comments on or before April 29, 2024.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and may be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (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 comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Frederick Smith, General Engineer, 
NHTSA, Office of Vehicle Safety Compliance, (202) 366-7487.

[[Page 21659]]


SUPPLEMENTARY INFORMATION: 
    I. Overview: FCA determined that certain MY 2022-2023 Ram ProMaster 
vehicles do not fully comply with paragraph S5.3 of FMVSS No. 101, 
Controls And Displays (49 CFR 571.101).
    FCA filed a noncompliance report dated April 13, 2023, pursuant to 
49 CFR part 573, Defect and Noncompliance Responsibility and Reports. 
FCA petitioned NHTSA on May 5, 2023, for an exemption from the 
notification and remedy requirements 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.
    This notice of receipt of FCA's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
another exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 9,101 MY 2022-2023 Ram 
ProMaster vans, manufactured between August 30, 2021, and March 23, 
2023, were reported by the manufacturer.
    III. Noncompliance: FCA explains that the subject vehicles equipped 
with a 3.5-inch IPC and adaptive cruise control (``ACC'') may have been 
built with IPC software that can cause the IPC to go blank for four to 
five seconds while it resets, and therefore does not comply with 
paragraph S5.3 of FMVSS No. 101. Specifically, if the ACC is engaged 
and in ready mode, and if the driver rapidly presses the speed control 
button (three or more times in one second), the system can incorrectly 
detect a fault and trigger a cluster reset. During this reset, the 
cluster display will go blank, and the speedometer indicator will go to 
zero before resetting.
    IV. Rule Requirements: Paragraph S5.3 of FMVSS No. 101 includes the 
requirements relevant to this petition. Paragraph S5.3.1(a) provides 
that except as provided in S5.3.1(c), the identifications of controls 
for which the word ``Yes'' is specified in column 5 of Table 1 must be 
capable of being illuminated whenever the headlamps are activated. This 
requirement does not apply to a control located on the floor, floor 
console, steering wheel, steering column, or in the area of windshield 
header, or to a control for a heating and air-conditioning system that 
does not direct air upon the windshield. Paragraph S5.3.1(e) provides 
that a telltale must not emit light except when identifying the 
malfunction or vehicle condition it is designed to indicate, or during 
a bulb check.
    V. Summary of FCA's Petition: The following views and arguments 
presented in this section, ``V. Summary of FCA's Petition,'' are the 
views and arguments provided by FCA. They have not been evaluated by 
the Agency and do not reflect the views of the Agency. FCA describes 
the subject noncompliance and contends that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    The noncompliant condition can occur regardless of the use of the 
vehicle's headlamps. Further, the IPC reset effectively includes a bulb 
check function for all of the IPC Telltales as it comes back on. As 
mentioned above, the IPC reset occurs when the ACC is engaged, and the 
driver rapidly and repeatedly presses the steering wheel-mounted button 
to either increase or decrease the ACC set speed. Other than causing 
the IPC to reset, no other function of the vehicle is affected, and the 
vehicle does not shut off. For example, the vehicle will continue to 
operate with full motive power as prescribed by the ACC engaged speed 
last selected by the driver. Power assist for both steering and braking 
are also unaffected by the IPC reset event, as are headlamp and 
taillamp functionality. The driver will continue to be able to adjust 
the ACC set speed using the control buttons during and after the reset 
event.
    FCA explains that the subject noncompliance may arise regardless of 
whether the vehicle's headlamps are in use. FCA adds that the IPC reset 
includes a bulb check function for all IPC Telltales upon reactivation. 
The IPC reset occurs when the ACC is activated, and the ``driver 
rapidly and repeatedly presses the steering wheel-mounted button to 
either increase or decrease the ACC set speed.'' FCA notes that aside 
from initiating the IPC reset, no other vehicle function is affected, 
and the vehicle does not shut off. FCA says the vehicle will continue 
to function with full motive power based on the ACC engaged speed last 
chosen by the driver. Further, FCA says that power assist for both 
steering and braking remains unaffected by the IPC reset event, as do 
headlamp and taillamp functionalities. According to FCA, throughout and 
after the reset event, the driver retains the ability to adjust the ACC 
set speed using the control buttons. FCA asserts that the subject 
noncompliance is not a significant hazard that diverts the driver's 
attention from the driving task or results in control selection 
mistakes (FCA refers to FMVSS No. 101 S2). Therefore, FCA believes that 
the subject noncompliance should be deemed inconsequential to motor 
vehicle safety for following reasons:
    1. The reset occurs only if the driver ``repeatedly and quickly'' 
presses a button on the steering wheel to change the ACC set speed, 
which FCA says would indicate that the driver is ``actively engaged in 
the driving task.''
    2. The reset does not induce any change in vehicle behavior that 
might prompt the driver to react unsafely.
    3. All exterior lighting, including headlamps, taillamps, and turn 
signals, remains fully functional and unaffected by the reset event.
    4. No required controls are affected, and all controls they will 
remain properly illuminated and functional,
    5. FCA refers to paragraph S5.3.1(b) of FMVSS No. 101 which 
provides that except as provided in S5.3.1(c), the indicators and their 
identifications for which the word Yes is specified in column 5 of 
Table 1 must be illuminated whenever the vehicles propulsion system and 
headlamps are activated.
    a. FCA contends that the temporary loss of illumination of the 
required indicators resulting from the reset event does not pose an 
unsafe condition for the driver. Further, FCA says that none of the 
required indicators identifies a condition demanding a response in less 
than five seconds to avoid an unsafe condition.
    b. FCA says that the indicators required by FMVSS No. 101 Table 1 
that are affected are: Fuel Level; Engine oil pressure; Engine coolant 
temperature; Electrical charge; Speedometer; Automatic transmission 
control position. Regarding the speedometer, FCA asserts that the 
driver would be aware of the vehicle speed before deciding to activate 
the ACC set speed change. According to FCA, the reset is triggered by 
the incremental adjustment of the known set speed, yet the driver 
remains aware of the speed at the commencement of the set speed change 
action and promptly after the conclusion of the reset event. 
Additionally, FCA says that the vehicle will consistently be in Drive 
for the reset event to take place, ensuring that the automatic 
transmission control position remains unchanged throughout the reset 
event.
    6. FCA says that the reset event will briefly illuminate all 
telltales, deviating from the exception allowed by paragraph S5.3.1(e) 
of FMVSS No. 101. However, FCA contends that the likelihood of this 
brief illumination posing an unreasonable risk to safety before the 
reset is complete is extremely low. Further, FCA states that following

[[Page 21660]]

the reset event, any telltale required by an underlying condition will 
become properly illuminated, while all others will be extinguished.
    7. FCA refers to the Federal Register Docket No. NHTSA20130134; 
Notice 2 in which, according to FCA, NHTSA granted a petition for a 
decision of inconsequential noncompliance for a condition that is 
substantially similar to the subject noncompliance. Like that petition, 
FCA says it willing to provide NHTSA with a video of the reset event or 
provide a vehicle for NHTSA personnel to test in real world driving 
conditions. The subject noncompliance is substantially similar to the 
previously granted noncompliance petition.
    8. FCA notes that it began vehicle production with compliant IPC 
software on March 23, 2023, and states that it is not aware of any 
crashes, injuries, or customer complaints associated with the 
condition.
    FCA concludes by stating its belief that the subject noncompliance 
is inconsequential as it relates to motor vehicle safety and 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.
    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, any decision on 
this petition only applies to the subject vehicles that FCA no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on this petition does not relieve vehicles 
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 under their control after FCA 
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. 2024-06653 Filed 3-27-24; 8:45 am]
BILLING CODE 4910-59-P