

[Federal Register: January 29, 2008 (Volume 73, Number 19)]
[Notices]               
[Page 5262-5263]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja08-116]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0012; Notice 1]

 
Chrysler, LLC, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Chrysler, LLC (Chrysler) has determined that certain vehicles that 
it manufactured during the period of October 1, 2003 through August 28, 
2007, do not fully comply with either paragraph S4.3.3 of 49 CFR 
571.110 (Federal Motor Vehicle Safety Standards (FMVSS) No. 110 Tire 
Selection and Rims for Motor Vehicles With a GVWR of 4,536 Kilograms 
(10,000 Pounds) or Less) or paragraph S5.3 of 49 CFR 571.120 (FMVSS No. 
120 Tire Selection and Rims for Vehicles Other Than Passenger Cars)--
depending on when the vehicle was manufactured. Chrysler 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) (see implementing rule 
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.
    This notice of receipt of Chrysler'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 approximately 154,000 model year 2005-2008 Dodge 
Magnum multipurpose passenger vehicles (MPV), and approximately 103,000 
model year 2007-2008 Jeep Compass and Jeep Patriot MPVs. Paragraphs 
S4.3.3 of 49 CFR 571.110 and S5.3 of 49 CFR 571.120 require that:

4.3.3 of 49 CFR 571.110

    Additional labeling information for vehicles other than 
passenger cars. Each vehicle shall show the size designation and, if 
applicable, the type designation of rims (not necessarily those on 
the vehicle) appropriate for the tire appropriate for use on that 
vehicle, including the tire installed as original equipment on the 
vehicle by the vehicle manufacturer, after each GAWR listed on the 
certification label required by Sec. 567.4 or Sec. 567.5 of this 
chapter. This information shall be in the English language, lettered 
in block capitals and numerals not less than 2.4 millimeters high 
and in the following format:

Truck Example--Suitable Tire-Rim Choice

    GVWR: 2,441 kilograms (5381 pounds).
    GAWR: Front--1,299 kilograms (2,864 pounds) with P265/70R16 
tires, 16 x 8.0 rims at 248 kPa (36 psi) cold single.
    GAWR: Rear--1,299 kilograms (2,864 pounds) with P265/70R16 
tires, 16 x 8.00 rims, at 248 kPa (36 psi) cold single.

S5.3 Label information of 49 CFR 571.120

    Each vehicle shall show the information specified in S5.3.1 and 
S5.3.2 and, in the case of a vehicle equipped with a non-pneumatic 
spare tire, the information specified in S5.3.3, in the English 
language, lettered in block capitals and numerals not less than 2.4 
millimeters high and in the format set forth following this section. 
This information shall appear either--
    (a) After each GAWR listed on the certification label required 
by Sec. 567.4 or Sec. 567.5 of this chapter; or, at the option of 
the manufacturer,
    (b) On the tire information label affixed to the vehicle in the 
manner, location and form described in Sec. 567.4 (b) through (f) of 
this chapter, as appropriate for each GVWR-GAWR combination listed 
on the certification label.
    S5.3.1 Tires. The size designation (not necessarily for the 
tires on the vehicle) and the recommended cold inflation pressure 
for those tires such that the sum of the load ratings of the tires 
on each axle (when the tires' load carrying capacity at the 
specified pressure is reduced by dividing by 1.10, in the case of a 
tire subject to FMVSS No. 109) is appropriate for the GAWR as 
calculated in accordance with S5.1.2.
    S5.3.2. Rims. The size designation and, if applicable, the type 
designation of Rims (not necessarily those on the vehicle) 
appropriate for those tires.

TRUCK EXAMPLE--SUITABLE TIRE-RIM CHOICE
GVWR: 7,840 KG (17,289 LB)
GAWR: FRONT--2,850 KG (6,280 LB) WITH 7.50-20(D) TIRES, 20x6.00 RIMS 
AT 520 KPA (75 PSI) COLD SINGLE
GAWR: REAR--4,990 KG (11,000 LB) WITH 7.50-20(D) TIRES, 20x6.00 
RIMS, AT 450 KPA (65 PSI) COLD DUAL
GVWR: 13,280 KG (29,279 LB)
GAWR: FRONT--4,826 KG (10,640 LB) WITH 10.00-20(F) TIRES, 20x7.50 
RIMS, AT 620 KPA (90 PSI) COLD SINGLE
GAWR: REAR--8,454 KG (18,639 LB) WITH 10.00-20(F) TIRES, 20x2.70 
RIMS, AT 550 KPA (80 PSI) COLD DUAL
    S5.3.3 The non-pneumatic tire identification code, with which 
that assembly is labeled pursuant to S4.3(a) of Sec. 571.129.

    Chrysler explains that S4.3.3 of FMVSS No. 110, which applies only 
to vehicles other than passenger cars with a GVWR of 10,000 pounds or 
less, and which went into effect on September 1, 2005, provides as 
follows: ``Each vehicle shall show the size designation and, if 
applicable, the type designation of rims (not necessarily those on the 
vehicle) appropriate for the tire appropriate for use on that vehicle, 
including the tire installed as original equipment on the vehicle by 
the vehicle manufacturer, after each GAWR [Gross Axle Weight Rating] 
listed on the certification label required by Sec.  567.4 or Sec.  
567.5 of this chapter * * *'' Prior to September 1, 2005, similar 
requirements set out in S5.3 of FMVSS No. 120 applied to all non-
passenger cars, regardless of their GVWR. 94,718 Dodge Magnums 
manufactured prior to September 1, 2005 failed to meet the requirements 
of FMVSS No. 120 and the remainder of the subject vehicles failed to 
meet the requirements of FMVSS No. 110.
    Chrysler explains further that although the certification labels on 
the vehicles in question do not contain the appropriate tire and rim 
information after the specified GAWRs, the rim size and type are marked 
on the rims themselves. And, the size designation for the tires on each 
vehicle, which also reflects the size of the rims on the vehicle, is 
included on the tire placard affixed to the B-pillar on each vehicle, 
as required by S4.3(d) of FMVSS No. 110 for vehicles manufactured after 
September 1, 2005. Additionally, Magnums manufactured prior to 
September 1, 2005 had a Tire and Loading Information Label containing 
the relevant tire and rim size affixed to the B-pillar. Thus, the 
relevant rim

[[Page 5263]]

information is clearly available to each vehicle owner and operator.
    Chrysler also states that it has not received any consumer 
complaints regarding the absence of rim size information on the subject 
certification label.
    In addition, Chrysler 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.
    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.
    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 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. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: by logging onto the Federal Docket Management 
System (FDMS) 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. Please note that we are allowing just 
10 days for comment in order to expedite resolution of this matter. 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: February 8, 2008.

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

    Issued on: January 23, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-1539 Filed 1-28-08; 8:45 am]

BILLING CODE 4910-59-P
