[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Notices]
[Pages 60681-60682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16483]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2024-0009; Notice 1]


Ineos Automotive Americas, 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: Ineos Automotive Americas, LLC, (IAA) has determined that 
certain model year (MY) 2024 Ineos Automotive Grenadier light 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. IAA filed a 
noncompliance report dated December 4, 2023, and subsequently 
petitioned NHTSA (the ``Agency'') on December 8, 2023, for a decision 
that the subject noncompliance is inconsequential as it relates to 
motor vehicle safety. This document announces receipt of IAA'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 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: Kamna Ralhan, General Engineer, NHTSA, 
Office of Vehicle Safety Compliance, (202) 366-6443.

SUPPLEMENTARY INFORMATION: 
    I. Overview: IAA determined that certain MY 2024 Ineos Automotive 
Grenadier light vehicles do not fully comply with paragraph S4.3(a) 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).
    IAA filed a noncompliance report dated December 4, 2023, pursuant 
to 49 CFR part 573, Defect and Noncompliance Responsibility and 
Reports. IAA petitioned NHTSA on December 8, 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 IAA'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 1,125 MY 2024 Ineos Automotive 
Grenadier light vehicles, manufactured between September 7, 2023, and 
October 10, 2023, were reported by the manufacturer.
    III. Rule Requirements: Paragraph S4.3(a) of FMVSS No. 110 includes 
the requirements relevant to this petition. Paragraph S4.3(a) provides 
that each vehicle, except for a trailer or incomplete vehicle, must 
show the vehicle capacity weight expressed as ``The combined weight of 
occupants and cargo should never exceed XXX kilograms or XXX pounds.''
    IV. Noncompliance: IAA explains that the subject vehicles are 
equipped with a vehicle placard that provides an incorrect maximum 
vehicle capacity weight, and therefore does not comply with paragraph 
S4.3(a) of FMVSS No. 110. Specifically, the vehicle placard states that 
the maximum vehicle capacity weight is 604 pounds when it should state 
that it is 1,889 pounds. FMVSS 110, S4.3(a) provides that each vehicle 
contains a placard that is permanently attached to the B-Pillar or 
nearby location that includes a series of information related to the 
vehicle's weight capacity (cargo and occupants), tire size and 
inflation information and maximum number of occupants. Under FMVSS 110, 
S4.3(f), the placard must also include a statement that owner's manual 
should be consulted for further information.
    V. Summary of IAA's Petition: The following views and arguments 
presented in this section, ``V. Summary of IAA's Petition,'' are the 
views and arguments provided by IAA. They have not been evaluated by 
the Agency and do not reflect the views of the Agency. IAA describes 
the subject noncompliance and contends that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    IAA explains that, due to a calculation error, the vehicle placard 
on the subject vehicles provides the incorrect maximum vehicle capacity 
weight. IAA contends that this error does not pose a safety risk 
because the subject vehicles are functionally capable of carrying 
significantly more weight in both cargo and occupants thus,

[[Page 60682]]

preventing any risk of vehicle overloading.
    IAA believes that the subject noncompliance does not cause any 
increased safety risk to vehicle occupants because the maximum vehicle 
capacity weight is understated rather than overstated. Consequently, 
IAA argues, adhering to the maximum vehicle capacity weight provided on 
the vehicle placard would not lead to vehicle overloading.
    IAA says that the purpose of the vehicle placard is to convey 
accurate information for the vehicle to be operated in a safe manner 
and to reduce the potential for crashes due to overloading. The vehicle 
placard contains information that includes the subject vehicle's 
maximum weight capacity that should not be exceeded.
    IAA explains that the placard for the subject vehicles lists the 
weight capacity as 604 pounds or 274 kg which is lower than the actual 
maximum weight capacity of the subject vehicles. According to IAA, the 
subject vehicles are designed and engineered to carry a maximum weight 
of 1,889 pounds (857 kg), which is more than three times the maximum 
weight capacity listed on the vehicle placard. Consequently, IAA 
believes that the noncompliant placard does not pose a risk of 
overloading the subject vehicles, even if the consumers do not 
reference any other sources of information, like the owner's manual.
    IAA notes that if the vehicle operator questions the maximum 
vehicle weight capacity, they can refer to additional sources for 
information. The Grenadier owner's manual provides additional 
information on the vehicle's weight carrying capacity and explains how 
to calculate it correctly, including an example of how to perform the 
calculation. The owner's manual also includes information on safe 
handling when the subject vehicle is loaded with occupants and cargo, 
such as where to place the cargo within the vehicle and instructions on 
properly securing cargo.
    Further, IAA says that the vehicle's certification label, per 49 
CFR part 567, is permanently affixed on each vehicle's B-Pillar. This 
label contains the subject vehicle's Gross Vehicle Weight Rating (GVWR) 
and Gross Axle Weight Rating (GAWR). IAA explains that if a consumer 
notices an unusually low maximum weight capacity listed on the vehicle 
placard required by FMVSS No. 110 label, it is reasonable for them to 
consult the certification label, along with the owner's manual, to 
clarify the vehicle weight capacity value. IAA highlights a prior 
petition by Mercedes-Benz USA, LLC, that NHTSA granted (82 FR 33547 
July 12, 2017). In that case, the GVWR and GAWR values listed on the 
certification label were accurate and provided an additional resource 
for consumers to reference maximum vehicle weight capacity.
    IAA cites other prior petitions NHTSA granted involving 
noncompliances where information on the vehicle placard was inaccurate, 
but the manufacturer demonstrated that there was no risk of vehicle 
overloading:
     BMW of North America, LLC, a Subsidiary of BMW AG, Grant 
of Petition for Decision of Inconsequential Noncompliance, 78 FR 38799, 
June 27, 2013 (The number of rear and maximum vehicle occupants on the 
vehicle placard was understated and found to be inconsequential because 
there was little to no risk of vehicle overloading.),
     BMW North America, LLC, Grant of Petition for Decision of 
Inconsequential Noncompliance, 88 FR 14245, March 7, 2023. (The 
noncompliant vehicle was designed to withstand a larger capacity weight 
than was stated on its tire loading label and would not present a 
consequential safety problem.),
     Grant of Petition to Mercedes-Benz USA, LLC, 82 FR 33547 
July 12, 2017, (The maximum vehicle weight capacity was overstated, but 
the vehicle's tire loading capacities were sufficient to handle the 
additional weight.).
    IAA highlights another petition that NHTSA granted, submitted by 
FCA US LLC (FCA), which IAA says has nearly identical facts. In FCA's 
petition, the vehicle placard displayed a combined occupant and cargo 
weight of 1,150 lbs. rather than 1,240 lbs. and misstated the maximum 
number of occupants that the vehicle could carry. (See Grant of 
Petition of FCA US, LLC, 88 FR 84393, December 5, 2023). IAA contends 
that, unlike in the FCA petition, all information on the subject 
vehicles' is accurate except the maximum vehicle capacity weight.
    IAA states that it has corrected the subject noncompliance in its 
production, and all of the remaining information on the vehicle placard 
is accurate, including the maximum number of vehicle passengers, tire 
size and tire pressure.
    IAA 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 IAA 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 IAA 
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. 2024-16483 Filed 7-25-24; 8:45 am]
BILLING CODE 4910-59-P