

[Federal Register: October 4, 2007 (Volume 72, Number 192)]
[Notices]               
[Page 56824-56825]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc07-121]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-28734; Notice 1]

 
DaimlerChrysler Corporation, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    DaimlerChrysler Corporation (DCC) has determined that certain model 
year 2007 motor vehicles that it produced between May 8, 2006 and March 
16, 2007 do not comply with paragraph S4.3(d) of 49 CFR 571.110, 
Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection 
and Rims for Motor Vehicles With a GVWR of 4,536 Kilograms (10,000 
pounds) or Less. DCC has filed an appropriate report pursuant to 49 CFR 
Part 573, Defect and Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), DCC 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.
    This notice of receipt of DCC's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    Affected are a total of approximately 3,037 model year 2007 Dodge 
Dakota (Dakota) pickup trucks produced between May 8, 2006 and March 
16, 2007. Paragraph S4.3(d) of FMVSS No. 110 requires:

    Vehicles S4.3 Placard. Each vehicle, except for a trailer or 
incomplete vehicle, shall show the information specified in S4.3(a) 
through (g),* * *
    (d) Tire size designation, indicated by the headings ``size'' or 
``original tire size'' or ``original size,'' and ``spare tire'' or 
``spare,'' for the tires installed at the time of the first purchase 
for purposes other than resale. For full size spare tires, the 
statement ``see above'' may, at the manufacturer's option replace 
the tire size designation. If no spare tire is provided, the word 
``none'' must replace the tire size designation;* * *

    By way of background, DCC explains that model year 2006 Dakotas 
were equipped with five P265/65R17 tires--the four tires installed on 
the vehicle at time of sale and the spare tire. The vehicle placard on 
the 2006 model year Dakota accurately reflected the sizes of the tires. 
DCC further explained that they decided to equip the subsequent model 
year 2007 Dakota with P265/60R18 tires. However, prior to the actual 
launch of the MY 2007 vehicles, DCC discovered that a P265/60R18 tire 
would not fit properly in the spare tire location on the vehicle. 
Therefore, DCC decided to retain the P265/65R17 tire as the spare tire, 
while going forward with the decision to use P265/60R18 tires as in-
service original equipment. Unfortunately, the vehicle placards affixed 
to the subject model year 2007 Dakotas were not revised to reflect the 
decision to use the P265/65R17 spare tire, therefore the vehicles do 
not comply with S4.3(d).
    DCC argues that the noncompliance, the erroneous designation of the 
size of the spare tire on the vehicle placard, does not have any 
adverse safety impact. In DCC's estimation, the P265/60R18 tire and the 
P265/65R17 tire are equivalent. They support this estimation by stating 
that the recommended cold tire inflation pressure specified on the 
vehicle placard--240 kPa (35 psi)--is appropriate for either P265/60R18 
or P265/65R17 tires when mounted for service on the Dakota, and that 
the Tire & Rim Association Handbook confirms that the P265/65R17 spare 
tire supplied with the vehicles can carry more weight at 35 psi (2,124 
pounds) than the P265/

[[Page 56825]]

60R18 tire referred to on the erroneous vehicle placard (2,064 pounds).
    DCC states that all other information provided on the 2007 Dakota 
vehicle placard is correct.
    In summation, DCC states that it has corrected the problem that 
caused these errors so that they will not be repeated in future 
production and that it believes that because the noncompliance is 
inconsequential to motor vehicle safety that no corrective action is 
warranted.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery: 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 Federal Holidays.
    c. Electronically: until September 29, 2007, by logging onto the 
DOT Docket Management System Web site at  http://dms.dot.gov; after 

September 28, 2007, by logging onto the Federal Docket Management 
System Web site at  http://www.regulations.gov/. Follow the online 

instructions for submitting comments. Comments may also be faxed to 1-
202-493-2251.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: November 5, 2007.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: September 27, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E7-19602 Filed 10-3-07; 8:45 am]

BILLING CODE 4910-59-P
