[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Notices]
[Pages 56824-56825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19602]
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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