81 FR 17763 - Chrysler Group LLC, Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 61 (March 30, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 61 (March 30, 2016)
| Page Range | 17763-17764 | |
| FR Document | 2016-07143 |
[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)] [Notices] [Pages 17763-17764] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07143] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2014-0056; Notice 2] Chrysler Group LLC, Grant of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. ----------------------------------------------------------------------- SUMMARY: Chrysler Group LLC (Chrysler) \1\ has determined that certain model year (MY) 2013 and 2014 Fiat brand, 500e model, passenger cars do not fully comply with paragraph S5.4.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. Chrysler has filed an appropriate report dated April 1, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Chrysler then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety. --------------------------------------------------------------------------- \1\ Chrysler is a wholly owned subsidiary of the automaker Fiat S.p.A. ADDRESSES: For further information on this decision contact John Finneran, Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-5289, facsimile --------------------------------------------------------------------------- (202) 366-5930. SUPPLEMENTARY INFORMATION: I. Chrysler's Petition Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions 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. Notice of receipt of Chrysler's petition was published, with a 30- Day public comment period, on June 19, 2014 in the Federal Register (79 FR 35227). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2014-0056.'' II. Vehicles Involved Affected are approximately 3,447 MY 2013 and 2014 Fiat brand, 500e model, passenger cars manufactured between March 21, 2013 and February 11, 2014 at Chrysler's Toluca Assembly Plant. III. Noncompliance Chrysler explains that the noncompliance is that the low tire pressure indicator telltale installed on the subject vehicles is orange in color rather than yellow as required by paragraph S5.4.1 of FMVSS No. 101. IV. Rule Text Paragraph S5.4 of FMVSS No. 101 requires in pertinent part: S5.4 Color S5.4.1 The light of each telltale listed in Table 1 must be of the color specified for that telltale in column 6 of that table. V. Summary of Chrysler's Analyses Chrysler stated that in the FMVSS No. 138 Final Rule (Federal Register Volume 70, Number 67 (April 8, 2005)) NHTSA indicated that the intent of a TPMS warning telltale is to notify the operator of safety consequences that do not constitute an emergency requiring immediate service. While the affected vehicles may display an orange TPMS telltale, Chrysler's position is the operator notification conveys the appropriate message to the operator when there is either significant tire under-inflation or a TPMS malfunction. Chrysler's reasoning in support of the position is as follows:For the subject vehicles, if the TPMS telltale is illuminated and the operator does not understand its meaning, the TPMS telltale graphic is shown and described in the Introduction, Instrument Cluster Descriptions, and Starting and Operating sections of the vehicle owner's manual. An operator can easily refer to the owner's manual and determine the TPMS telltale relates to significant tire under-inflation or a TPMS malfunction. The owner's manual [[Page 17764]] does not reference the color of the TPMS telltale, but rather that it ``illuminates'' in the event of low tire pressure and/or TPMS fault. In the event there is significant under-inflation of tires, the TPMS telltale is illuminated and the instrument cluster Electronic Vehicle Information Center (EVIC) will display a highlighted graphic of the locations including the pressure values of the affected tires. In the event there is a TPMS fault, the telltale will flash on and off for 75 seconds and then maintain a continuous illumination. The system fault will sound a chime and also display a ``Service TPM System'' message in the EVIC for approximately 3 seconds. This message contains the same symbol as the telltale. If the ignition switch is cycled, this sequence will repeat, providing the system fault still exists. If the system fault no longer exists, the TPMS telltale will no longer flash, and the ``Service TPM System'' message will no longer display. In addition to the TPMS telltale alerting the operator of a significant loss of tire pressure, or a TPMS malfunction as required, the EVIC messages and owner's manual provide more than the minimum level of information required aiding the operator's association of the illuminated telltale with an appropriate response. Chrysler also made reference to a previous petition for inconsequential noncompliance that addressed labeling issues that NHTSA granted. Chrysler has additionally informed NHTSA that it has corrected the noncompliance so that all future production vehicles will comply with FMVSS No. 101. In summation, Chrysler believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt Chrysler 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. NHTSA'S Decision NHTSA'S Analysis: Chrysler explained that if the TPMS telltale is illuminated and the operator does not understand its meaning, the operator can easily refer to the owner's manual and determine that the TPMS telltale relates to significant tire under-inflation or a TPMS malfunction. Chrysler also stated that the owner's manual does not reference the color of the TPMS telltale, but rather that it ``illuminates'' in the event of low tire pressure and/or TPMS fault. NHTSA understands that many vehicle operators are not familiar with the standard TPMS telltale used in vehicles today. The agency anticipates that regardless of TPMS telltale color, yellow or orange, vehicle operators familiar with the telltale symbol will not be confused by the telltale color, and those not familiar with the telltale symbol will still have to reference the owner's manual to determine the meaning when illumination occurs. Chrysler explained that in the event there is a significant low inflation pressure condition, the TPMS telltale will illuminate as required, and the instrument cluster Electronic Vehicle Information Center (EVIC) will display a highlighted graphic depicting locations and pressure values of affected tires. The agency is in agreement with Chrysler that the information provided by the EVIC is in addition to the telltale required by the TPMS safety standard (FMVSS No. 138). The EVIC information and warnings will aid the vehicle operator in the recognition of low tire inflation pressure and TPMS system malfunctions. For the reasons stated above, the agency concludes that in the case of the subject vehicles, the low tire pressure indicator telltales installed on the subject vehicles being orange in color rather than yellow poses little if any risk to motor vehicle safety. NHTSA'S Decision: In consideration of the foregoing, NHTSA finds that Chrysler has met its burden of persuasion that the subject FMVSS No. 101 noncompliance in the subject vehicles is inconsequential to motor vehicle safety. Accordingly, Chrysler's petition is hereby granted and Chrysler is exempted from the obligation of providing notification of, and a free remedy for, that 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, any decision on this petition only applies to the subject vehicles that Chrysler no longer controlled at the time it determined that the noncompliance existed. However, the granting of this petition does not relieve Chrysler 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 Chrysler 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. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2016-07143 Filed 3-29-16; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices 17763
Inconsequential Noncompliance, 56 FR existed. However, the granting of this Chapter 301 on the basis that this
33323 (July 19, 1991), the petition does not relieve vehicle noncompliance is inconsequential to
noncompliance would only manifest distributors and dealers of the motor vehicle safety.
itself when the headlight high beams prohibitions on the sale, offer for sale, Notice of receipt of Chrysler’s petition
were turned on and the cigar lighter was or introduction or delivery for was published, with a 30-Day public
activated. In this situation the required introduction into interstate commerce of comment period, on June 19, 2014 in
high beam telltale could dim or the noncompliant vehicles under their the Federal Register (79 FR 35227). No
extinguish altogether for a short period control after GM notified them that the comments were received. To view the
of time while the cigar lighter was being subject noncompliance existed. petition and all supporting documents
powered. The petition was granted Authority: 49 U.S.C. 30118, 30120: log onto the Federal Docket
because the agency determined there Delegations of authoriy at 49 CFR 1.95 and Management System (FDMS) Web site
was no consequence to motor vehicle 501.8. at: http://www.regulations.gov/. Then
safety attached to the extinguishment of follow the online search instructions to
the high beam telltale. Jeffrey M. Giuseppe, locate docket number ‘‘NHTSA–2014–
In the second petition, submitted by Director, Office of Vehicle Safety Compliance. 0056.’’
Nissan, Nissan North America, [FR Doc. 2016–07092 Filed 3–29–16; 8:45 am]
Incorporated, Grant of Petition for II. Vehicles Involved
BILLING CODE 4910–59–P
Decision of Inconsequential Affected are approximately 3,447 MY
Noncompliance, 78 FR 59090 (Sept. 25, 2013 and 2014 Fiat brand, 500e model,
2013), under rare circumstances the DEPARTMENT OF TRANSPORTATION passenger cars manufactured between
transmission gear selected was not March 21, 2013 and February 11, 2014
always displayed correctly as required. National Highway Traffic Safety at Chrysler’s Toluca Assembly Plant.
The petition was granted because it was Administration
only possible for the gear indication to III. Noncompliance
[Docket No. NHTSA–2014–0056; Notice 2]
extinguish when the engine was Chrysler explains that the
inactive and the vehicle was inoperable. Chrysler Group LLC, Grant of Petition noncompliance is that the low tire
Upon reactivating the engine the gear for Decision of Inconsequential pressure indicator telltale installed on
indicator displayed the correct gear. Noncompliance the subject vehicles is orange in color
Advocates for Highway and Auto rather than yellow as required by
Safety (Advocates), provided comments AGENCY: National Highway Traffic paragraph S5.4.1 of FMVSS No. 101.
about GM’s petition in response to the Safety Administration (NHTSA),
petition receipt notice published in the Department of Transportation (DOT). IV. Rule Text
Federal Register. The Advocates do not ACTION: Grant of petition. Paragraph S5.4 of FMVSS No. 101
specifically support the granting or requires in pertinent part:
SUMMARY: Chrysler Group LLC
denial of GM’s petition, but believe that S5.4 Color
the existence of such a malfunction (Chrysler) 1 has determined that certain
S5.4.1 The light of each telltale listed in
raises serious questions regarding model year (MY) 2013 and 2014 Fiat Table 1 must be of the color specified for that
vehicle design which can lead to this brand, 500e model, passenger cars do telltale in column 6 of that table.
kind of situation. not fully comply with paragraph S5.4.1
Finally, GM states that they are not of Federal Motor Vehicle Safety V. Summary of Chrysler’s Analyses
aware of any reported instrument Standard (FMVSS) No. 101, Controls Chrysler stated that in the FMVSS No.
cluster resets as a result of the subject and Displays. Chrysler has filed an 138 Final Rule (Federal Register
condition. NHTSA’S Decision: In appropriate report dated April 1, 2014, Volume 70, Number 67 (April 8, 2005))
consideration of the foregoing, NHTSA pursuant to 49 CFR part 573, Defect and NHTSA indicated that the intent of a
finds that GM has met its burden of Noncompliance Responsibility and TPMS warning telltale is to notify the
persuasion that the FMVSS No. 102 Reports. Chrysler then petitioned operator of safety consequences that do
noncompliance in the affected vehicles NHTSA under 49 CFR part 556 not constitute an emergency requiring
is inconsequential to motor vehicle requesting a decision that the subject immediate service. While the affected
safety. Accordingly, GM’s petition is noncompliance is inconsequential to vehicles may display an orange TPMS
hereby granted and GM is consequently motor vehicle safety. telltale, Chrysler’s position is the
exempted from the obligation of ADDRESSES: For further information on operator notification conveys the
providing notification of, and a free this decision contact John Finneran, appropriate message to the operator
remedy for, that noncompliance under Office of Vehicle Safety Compliance, when there is either significant tire
49 U.S.C. 30118 and 30120. National Highway Traffic Safety under-inflation or a TPMS malfunction.
NHTSA notes that the statutory Administration (NHTSA), telephone Chrysler’s reasoning in support of the
provisions (49 U.S.C. 30118(d) and (202) 366–5289, facsimile (202) 366– position is as follows:
30120(h)) that permit manufacturers to 5930. • For the subject vehicles, if the
file petitions for a determination of SUPPLEMENTARY INFORMATION:
TPMS telltale is illuminated and the
inconsequentiality allow NHTSA to operator does not understand its
exempt manufacturers only from the I. Chrysler’s Petition meaning, the TPMS telltale graphic is
duties found in sections 30118 and shown and described in the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Pursuant to 49 U.S.C. 30118(d) and
30120, respectively, to notify owners, 30120(h) and the rule implementing Introduction, Instrument Cluster
purchasers, and dealers of a defect or those provisions at 49 CFR part 556), Descriptions, and Starting and
noncompliance and to remedy the Chrysler has petitioned for an Operating sections of the vehicle
defect or noncompliance. Therefore, this exemption from the notification and owner’s manual. An operator can easily
decision only applies to the subject remedy requirements of 49 U.S.C. refer to the owner’s manual and
noncompliant vehicles that GM no determine the TPMS telltale relates to
longer controlled at the time it 1 Chrysler is a wholly owned subsidiary of the significant tire under-inflation or a
determined that the noncompliance automaker Fiat S.p.A. TPMS malfunction. The owner’s manual
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![17764 Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices
does not reference the color of the event of low tire pressure and/or TPMS or introduction or delivery for
TPMS telltale, but rather that it fault. introduction into interstate commerce of
‘‘illuminates’’ in the event of low tire NHTSA understands that many the noncompliant vehicles under their
pressure and/or TPMS fault. vehicle operators are not familiar with control after Chrysler notified them that
• In the event there is significant the standard TPMS telltale used in the subject noncompliance existed.
under-inflation of tires, the TPMS vehicles today. The agency anticipates Authority: 49 U.S.C. 30118, 30120:
telltale is illuminated and the that regardless of TPMS telltale color, delegations of authority at 49 CFR 1.95 and
instrument cluster Electronic Vehicle yellow or orange, vehicle operators 501.8.
Information Center (EVIC) will display a familiar with the telltale symbol will not
be confused by the telltale color, and Jeffrey M. Giuseppe,
highlighted graphic of the locations
including the pressure values of the those not familiar with the telltale Director, Office of Vehicle Safety Compliance.
affected tires. symbol will still have to reference the [FR Doc. 2016–07143 Filed 3–29–16; 8:45 am]
• In the event there is a TPMS fault, owner’s manual to determine the BILLING CODE 4910–59–P
the telltale will flash on and off for 75 meaning when illumination occurs.
seconds and then maintain a continuous Chrysler explained that in the event
illumination. The system fault will there is a significant low inflation DEPARTMENT OF TRANSPORTATION
sound a chime and also display a pressure condition, the TPMS telltale
will illuminate as required, and the National Highway Traffic Safety
‘‘Service TPM System’’ message in the Administration
EVIC for approximately 3 seconds. This instrument cluster Electronic Vehicle
message contains the same symbol as Information Center (EVIC) will display a [Docket No. NHTSA–2015–0113; Notice 2]
the telltale. If the ignition switch is highlighted graphic depicting locations
and pressure values of affected tires. Nitto Tire U.S.A, Inc., Grant of Petition
cycled, this sequence will repeat,
The agency is in agreement with for Decision of Inconsequential
providing the system fault still exists. If
Chrysler that the information provided Noncompliance
the system fault no longer exists, the by the EVIC is in addition to the telltale
TPMS telltale will no longer flash, and required by the TPMS safety standard AGENCY: National Highway Traffic
the ‘‘Service TPM System’’ message will (FMVSS No. 138). The EVIC information Safety Administration (NHTSA),
no longer display. and warnings will aid the vehicle Department of Transportation (DOT).
In addition to the TPMS telltale operator in the recognition of low tire ACTION: Grant of petition.
alerting the operator of a significant loss inflation pressure and TPMS system
of tire pressure, or a TPMS malfunction malfunctions. SUMMARY: Nitto Tire U.S.A., Inc. (Nitto),
as required, the EVIC messages and For the reasons stated above, the has determined that certain Nitto NT05
owner’s manual provide more than the agency concludes that in the case of the passenger car tires manufactured
minimum level of information required subject vehicles, the low tire pressure between December 14, 2014 and August
aiding the operator’s association of the indicator telltales installed on the 1, 2015, do not fully comply with
illuminated telltale with an appropriate subject vehicles being orange in color paragraph S5.5(e) of Federal Motor
response. rather than yellow poses little if any risk Vehicle Safety Standard (FMVSS) No.
Chrysler also made reference to a to motor vehicle safety. 139, New Pneumatic Radial Tires for
previous petition for inconsequential NHTSA’S Decision: In consideration Light Vehicles. Nitto filed a report 1
noncompliance that addressed labeling of the foregoing, NHTSA finds that pursuant to 49 CFR part 573, Defect and
issues that NHTSA granted. Chrysler has met its burden of Noncompliance Responsibility and
Chrysler has additionally informed persuasion that the subject FMVSS No. Reports. Nitto then petitioned NHTSA
NHTSA that it has corrected the 101 noncompliance in the subject under 49 CFR part 556 requesting a
noncompliance so that all future vehicles is inconsequential to motor decision that the subject noncompliance
production vehicles will comply with vehicle safety. Accordingly, Chrysler’s is inconsequential to motor vehicle
FMVSS No. 101. petition is hereby granted and Chrysler safety.
In summation, Chrysler believes that is exempted from the obligation of ADDRESSES: For further information on
the described noncompliance of the providing notification of, and a free this decision contact Abraham Diaz,
subject vehicles is inconsequential to remedy for, that noncompliance under Office of Vehicle Safety Compliance, the
motor vehicle safety, and that its 49 U.S.C. 30118 and 30120. National Highway Traffic Safety
petition, to exempt Chrysler from NHTSA notes that the statutory Administration (NHTSA), telephone
providing recall notification of provisions (49 U.S.C. 30118(d) and (202) 366–5310, facsimile (202) 366–
noncompliance as required by 49 U.S.C. 30120(h)) that permit manufacturers to 5930.
30118 and remedying the recall file petitions for a determination of
noncompliance as required by 49 U.S.C. inconsequentiality allow NHTSA to SUPPLEMENTARY INFORMATION:
30120 should be granted. exempt manufacturers only from the I. Overview
duties found in sections 30118 and
NHTSA’S Decision 30120, respectively, to notify owners, Pursuant to 49 U.S.C. 30118(d) and
NHTSA’S Analysis: Chrysler purchasers, and dealers of a defect or 30120(h) (see implementing rule at 49
explained that if the TPMS telltale is noncompliance and to remedy the CFR part 556), Nitto submitted a
illuminated and the operator does not defect or noncompliance. Therefore, any petition for an exemption from the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
understand its meaning, the operator decision on this petition only applies to notification and remedy requirements of
can easily refer to the owner’s manual the subject vehicles that Chrysler no 49 U.S.C. Chapter 301 on the basis that
and determine that the TPMS telltale longer controlled at the time it this noncompliance is inconsequential
relates to significant tire under-inflation determined that the noncompliance to motor vehicle safety.
or a TPMS malfunction. Chrysler also existed. However, the granting of this 1 Originally dated September 15, 2015 under the
stated that the owner’s manual does not petition does not relieve Chrysler name of its parent company Toyo Tire Holdings of
reference the color of the TPMS telltale, distributors and dealers of the Americas Inc., and refiled under its own name on
but rather that it ‘‘illuminates’’ in the prohibitions on the sale, offer for sale, November 5, 2015.
VerDate Sep<11>2014 18:06 Mar 29, 2016 Jkt 238001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\30MRN1.SGM 30MRN1](https://thefederalregister.org/doc/81_FR_17824/page/2.svg)
Document Created: 2016-03-30 09:29:01
Document Modified: 2016-03-30 09:29:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Grant of petition. | |
| FR Citation | 81 FR 17763 |
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