Chrysler Group, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
|---|
Topics: Jeep Cherokee, Dodge Dart
|
Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
June 30, 2014
[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Notices]
[Pages 36868-36869]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15211]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0046; Notice 1]
Chrysler Group, LLC, Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of Petition.
-----------------------------------------------------------------------
SUMMARY: Chrysler Group, LLC, (Chrysler), a wholly owned subsidiary of
Fiat S.p.A., has determined that certain model year (MY) 2014 Jeep
Cherokee multipurpose passenger vehicles (MPV), and MY 2013-2014 Dodge
Dart passenger cars (PC) do not fully comply with paragraph S5.2.1 of
Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and
Displays and paragraph S5.5.5 of FMVSS No. 135,\1\ Light Vehicle Brake
Systems. Chrysler has filed an appropriate report dated March 4, 2014
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports.
---------------------------------------------------------------------------
\1\ Subsequent to receiving Chrysler's petition, NHTSA was
notified by the petitioner that it had inadvertently referred to
FMVSS No. 105, a standard that does not apply to the subject
vehicles, in its petition.
---------------------------------------------------------------------------
DATES: The closing date for comments on the petition is July 30, 2014.
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 at the beginning of this notice and be
submitted by any of the following methods:
Mail: Send comments 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.
Hand Deliver: Deliver comments by hand 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.
Electronically: Submit comments 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 (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 your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
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.
SUPPLEMENTARY INFORMATION:
I. Chrysler's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h)
(see implementing rule at 49 CFR part 556), Chrysler submitted a
petition 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.
II. Vehicles Involved: Affected are approximately 411 MY 2014 Jeep
Cherokee MPV manufactured between June 17, 2013 and January 14, 2014
and 22 MY 2013-2014 Dodge Dart PC manufactured between July 1, 2012 and
December 13, 2013.
III. Noncompliance: Chrysler explains that the noncompliance is
that the telltale used for Brake Warning and Park Brake Warning is
displayed using International Organization for Standardization (ISO)
symbols instead of the telltale symbol required by S5.2.1 of FMVSS No.
101 and paragraph S5.5.5 of FMVSS No. 135.
[[Page 36869]]
IV. Rule Text: Paragraph S5.2.1 of FMVSS No. 101 requires in
pertinent part:
S5.2.1 Except for the Low Tire Pressure Telltale, each control,
telltale and indicator that is listed in column 1 of Table 1 or
Table 2 must be identified by the symbol specified for it in column
2 or the word or abbreviation specified for it in column 3 of Table
1 or Table 2. If a symbol is used, each symbol provided pursuant to
this paragraph must be substantially similar in form to the symbol
as it appears in Table 1 or Table 2. If a symbol is used, each
symbol provided pursuant to this paragraph must have the
proportional dimensional characteristics of the symbol as it appears
in Table 1 or Table 2.
Paragraph S5.5.5 of FMVSS No. 135 requires in pertinent part:
S5.5.5. Labeling. (a) Each visual indicator shall display a word
or words in accordance with the requirements of Standard No. 101 (49
CFR 571.101) and this section, which shall be legible to the driver
under all daytime and nighttime conditions when activated. Unless
otherwise specified, the words shall have letters not less than 3.2
mm (\1/8\ inch) high and the letters and background shall be of
contrasting colors, one of which is red. Words or symbols in
addition to those required by Standard No. 101 and this section may
be provided for purposes of clarity.
(b) Vehicles manufactured with a split service brake system may
use a common brake warning indicator to indicate two or more of the
functions described in S5.5.1(a) through S5.5.1(g). If a common
indicator is used, it shall display the word ``Brake.'' . . .
V. Summary of Chrysler's Analyses: Chrysler stated its belief that
the subject noncompliance is inconsequential to motor vehicle safety
for the following reasons:
1. Chrysler notes that the purpose of the brake telltale is to warn
the operator about either one of two conditions: (1) The parking brake
is applied or is malfunctioning; or (2) the service brakes may be
malfunctioning. The affected vehicles ``brake display telltale''
illuminates in red as required and, except for the missing identifier
word ``Brake,'' the vehicles comply with all other applicable FMVSS
requirements. When the telltale is not illuminated, there is no
degradation of brake performance. All braking system functionality,
including service brakes and the parking brake is unaffected by this
noncompliance and the subject vehicles will operate as intended. Even
though the word ``Brake'' is not used, Chrysler's stated its belief
that in the event one of the affected vehicles displayed the red-color
ISO brake telltale, the driver would recognize a possible brake system
malfunction.
2. Chrysler states that the telltale functions as both the
vehicle's brake system symbol and the parking brake symbol. In the
Dart, the parking brake is engaged by pulling up on the parking brake
handle in view of the instrument cluster where the brake telltale is
illuminated. In the Cherokee, the parking brake is electronic where a 5
second ``Parking Brake Engaged'' message is displayed in the Electronic
Vehicle Information Center (EVIC) and the brake telltale is illuminated
in the instrument cluster. The brake telltale also illuminates during
the cluster warning lamp function check. Due to the ISO telltale
illumination during parking brake engagement and during lamp function
checks, an operator is conditioned to associate the telltale with the
braking system and would be alerted in the event of a possible brake
system malfunction. In the unlikely event the ISO brake telltale is
illuminated and the operator does not understand its meaning, the ISO
brake telltale graphic is shown and described in the Owner's Manual for
both vehicles. Thus, an operator could easily determine that the ISO
telltale relates to the brake system.
3. Chrysler also believes that in the subject vehicles, in the
event the brake fluid level is less than the recommended level, the
brake telltale is illuminated and the EVIC will display a five second
``Brake Fluid Low'' message that continues until the condition is
corrected. This additional visual input to the operator helps
facilitate the association of the telltale with the braking system.
4. Chrysler has stated its belief that NHTSA has previously granted
a similar inconsequential noncompliance petition regarding the use of
ISO symbols.
5. Chrysler is not aware of any warranty claims, field reports,
consumer complaints, legal claims or any incidents or injuries related
to the subject noncompliance.
Chrysler has additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles will comply with
FMVSS No. 101 and FMVSS No. 135.
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 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, any decision on 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 motor 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,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-15211 Filed 6-27-14; 8:45 am]
BILLING CODE 4910-59-P