[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Notices]
[Pages 60684-60686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16480]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2024-0007; 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 the pedestrian alert rear 
speakers and service parts (``Quiet Vehicle Protection Module'' or 
``QVPM'') for certain MY 2022-2024 Jeep Grand Cherokee motor vehicles 
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) 
No. 141, Minimum Sound Requirements for Hybrid and Electric Vehicles. 
FCA filed two noncompliance reports dated October 26, 2023, and 
subsequently petitioned NHTSA (the ``Agency'') on November 16, 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 August 26, 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

[[Page 60685]]

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.

SUPPLEMENTARY INFORMATION: 
    I. Overview: FCA determined that the pedestrian alert rear speakers 
installed in certain MY 2022-2024 Jeep Grand Cherokee motor vehicles 
and several QVPM rear speaker service parts do not fully comply with 
paragraph S5.4 and Table 7 of FMVSS No. 141, Minimum Sound Requirements 
for Hybrid and Electric Vehicles (49 CFR 571.141).
    FCA filed two noncompliance reports (Recalls 23V-721 and 23E-083) 
for the non-compliant pedestrian alert speakers on October 26, 2023, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. FCA petitioned NHTSA on November 16, 2023, for an 
exemption from the notification and remedy requirements of 49 U.S.C. 
chapter 301 on the basis that the noncompliances are 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 72 QVPMs, manufactured between 
May 01, 2021, and October 15, 2023, and approximately 49,654 MY 2022-
2024 Jeep Grand Cherokee motor vehicles, manufactured between July 23, 
2021, and October 18, 2023, were reported by the manufacturer.
    III. Noncompliance: FCA explains that the subject vehicles do not 
meet the minimum volume change requirements to signify acceleration and 
deceleration. Specifically, the sound produced by the subject vehicle 
changes by less than 3 decibels (dB) when operating between 20 km/h and 
30 km/h.
    IV. Rule Requirements: Paragraph S5.4 and Table 7 of FMVSS No. 141 
include the requirements relevant to this petition. The sound produced 
by the vehicle, as specified in paragraph S5, must change in volume 
between critical operating conditions, as outlined in Table 7 and 
calculated in paragraph S7.6 of FMVSS No. 141.
    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.
    FCA explains that during certification testing, there was an issue 
capturing a portion of the sound curve at 20 km/h, which led to the 
maximum sound volume being missed.\1\ As a result, the actual volume at 
20 km/h exceeded the intended level. If the loudest data point had been 
captured, FCA says it would have revealed an excessive volume level at 
20 km/h. In that case, FCA would have reduced the output to ensure 
compliance with the required 3 dB relative volume change between 20 and 
30 km/h.
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    \1\ See Figure 1 in FCA's petition for the measurement taken 
during certification testing.
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    On August 3, 2023, NHTSA notified FCA of the noncompliance found 
during testing of the MY 2023 Jeep Grand Cherokee. FCA conducted 
additional testing at various speeds: 11, 17, 18, 19, 20, 21, 22, 27, 
28, 29, 30, 31, and 32 km/h. According to paragraph S5.4 and Table 7 of 
FMVSS No. 141, a 3 dB minimum relative volume change is required at 
each of the following intervals: between 0 km/h and 10 km/h, between 10 
km/h and 20 km/h, and between 20 km/h and 30 km/h. However, S5.4 
specifies that these changes be measured in accordance with paragraph 
S7.6 of FMVSS No. 141, which specifies that the 10 km/h should be 
measured at 111 km/h, the 20 km/h interval at 211 km/h, and the 30 km/h 
interval at 311 km/h. Thus, FCA suggests that, within the parameters of 
FMVSS No. 141, the 3 dB relative volume change can be measured with a 
vehicle speed difference ranging from as low as 8 km/h to as high as 12 
km/h, depending on the chosen vehicle speed within the allowable range 
for each interval.
    FCA adds that the subject vehicle consistently meets the minimum 
requirements for the two-band sum dB(A) sound pressure level. However, 
FCA clarifies that the reason for not meeting the minimum relative 
volume change requirement is the excessive sound level produced at 20 
km/h.\2\
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    \2\ See Figure 2 in FCA's petition.
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    After analyzing the data collected at the additional speeds, FCA 
compared the relative volume change between all speed combinations near 
20 km/h and 30 km/h and graphed the results.\3\ According to FCA, the 
data demonstrates that the relative volume change between 18 km/h and 
30 km/h exceeds 3 dB, and the relative volume change between 17 km/h 
and all five increments between 27 and 32 km/h falls between the range 
of 5.9 to 7.4.
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    \3\ See Figure 3 in FCA's petition.
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    FCA cites the FMVSS No. 141 final rule (81 FR 90416, December 14, 
2016) and highlights the following points:
     According to FCA, NHTSA explained that the minimum 
relative volume change requirement was necessary because it enables 
pedestrians to determine if an EV or HV is accelerating or decelerating 
based on the increase or decrease in sound level emitted from the 
vehicle, just as they

[[Page 60686]]

would be able to in the case of an ICE vehicle.
     FCA says NHTSA further explained that the relative volume 
change requirement will ensure a minimum sound level increase and 
decrease as a vehicle reaches each successive higher or lower speed 
operating condition, and NHTSA developed the speed intervals to 
incorporate flexibility. As FCA previously noted, the actual test 
procedure allows a 2 km/h variation at 10, 20, and 30 km/h, allowing 
for the relative volume change between speeds that are up to 12 km/h 
apart.
    FCA asserts that the subject vehicles meet the intent of the 
minimum relative volume change requirement by providing the intended 
audible alert to pedestrians indicating that the vehicle speed is 
either increasing or decreasing.
    FCA contends that while the subject vehicle's volume exceeds the 3 
dB limit between 18 and 30 km/h, if this same 12 km/h were measured 
between 20 and 32 km/h, the vehicles would comply with FMVSS No. 118. 
Further, FCA asserts that when measured between 17 and 27 km/h, the 
relative volume change is nearly 6 dB, and it is nearly 7.5 dB between 
17 and 30 km/h, which FCA believes is consistent with the intent of the 
standard.
    Figure 2 of FCA's petition shows that the volume between 20 and 22 
km/h exceeds the minimum requirement. FCA says that the remedy for the 
subject noncompliance is to reduce the volume emitted within the 20 to 
22 km/h range, ensuring the vehicle is quieter at those speeds. The 
volume would not change at higher speeds and would maintain the same 
relative volume change but shifted to a slightly higher speed interval.
    FCA contends that the proposed remedy will reduce the subject 
vehicle's noise level, making it less noticeable when traveling between 
20 and 22 km/h. Additionally, FCA believes that the slight shift in the 
relative volume change speed range will be practically imperceptible to 
pedestrians.
    FCA notes that it could not locate any prior petitions for 
inconsequential noncompliance relating to a safety recall due to the 
same or similar noncompliance with the relative volume change 
requirement, for its own vehicles or those of other automakers.
    FCA states that it started vehicle production with compliant QVPM 
software on October 18, 2023. FCA is not aware of any crashes, 
injuries, or customer complaints associated with the subject 
noncompliance.
    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 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 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. 2024-16480 Filed 7-25-24; 8:45 am]
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