Notice2024-16483
Ineos Automotive Americas, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
Primary source
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Published
July 26, 2024
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Ineos Automotive Americas, LLC, (IAA) has determined that certain model year (MY) 2024 Ineos Automotive Grenadier light vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 Pounds) or Less. IAA filed a noncompliance report dated December 4, 2023, and subsequently petitioned NHTSA (the "Agency") on December 8, 2023, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of IAA's petition.
Full Text
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<title>Federal Register, Volume 89 Issue 144 (Friday, July 26, 2024)</title>
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[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Notices]
[Pages 60681-60682]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16483]
[[Page 60681]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2024-0009; Notice 1]
Ineos Automotive Americas, LLC, Receipt of Petition for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: Ineos Automotive Americas, LLC, (IAA) has determined that
certain model year (MY) 2024 Ineos Automotive Grenadier light vehicles
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS)
No. 110, Tire Selection and Rims and Motor Home/Recreation Vehicle
Trailer Load Carrying Capacity Information for Motor Vehicles with a
GVWR of 4,536 kilograms (10,000 Pounds) or Less. IAA filed a
noncompliance report dated December 4, 2023, and subsequently
petitioned NHTSA (the ``Agency'') on December 8, 2023, for a decision
that the subject noncompliance is inconsequential as it relates to
motor vehicle safety. This document announces receipt of IAA's
petition.
DATES: Send comments on or before August 26, 2024.
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 in the title of this notice and may be
submitted by any of the following methods:
<bullet> Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
<bullet> Hand Delivery: Deliver comments by hand to the 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 for Federal Holidays.
<bullet> Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Follow the online instructions for submitting
comments.
<bullet> 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 comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).
FOR FURTHER INFORMATION CONTACT: Kamna Ralhan, General Engineer, NHTSA,
Office of Vehicle Safety Compliance, (202) 366-6443.
SUPPLEMENTARY INFORMATION:
I. Overview: IAA determined that certain MY 2024 Ineos Automotive
Grenadier light vehicles do not fully comply with paragraph S4.3(a) of
FMVSS No. 110, Tire Selection and Rims and Motor Home/Recreation
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles
with a GVWR of 4,536 Kilograms (10,000 Pounds) or Less (49 CFR
571.110).
IAA filed a noncompliance report dated December 4, 2023, pursuant
to 49 CFR part 573, Defect and Noncompliance Responsibility and
Reports. IAA petitioned NHTSA on December 8, 2023, for an exemption
from the notification and remedy requirements of 49 U.S.C. chapter 301
on the basis that this noncompliance is inconsequential as it relates
to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h)
and 49 CFR part 556, Exemption for Inconsequential Defect or
Noncompliance.
This notice of receipt of IAA's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
another exercise of judgment concerning the merits of the petition.
II. Vehicles Involved: Approximately 1,125 MY 2024 Ineos Automotive
Grenadier light vehicles, manufactured between September 7, 2023, and
October 10, 2023, were reported by the manufacturer.
III. Rule Requirements: Paragraph S4.3(a) of FMVSS No. 110 includes
the requirements relevant to this petition. Paragraph S4.3(a) provides
that each vehicle, except for a trailer or incomplete vehicle, must
show the vehicle capacity weight expressed as ``The combined weight of
occupants and cargo should never exceed XXX kilograms or XXX pounds.''
IV. Noncompliance: IAA explains that the subject vehicles are
equipped with a vehicle placard that provides an incorrect maximum
vehicle capacity weight, and therefore does not comply with paragraph
S4.3(a) of FMVSS No. 110. Specifically, the vehicle placard states that
the maximum vehicle capacity weight is 604 pounds when it should state
that it is 1,889 pounds. FMVSS 110, S4.3(a) provides that each vehicle
contains a placard that is permanently attached to the B-Pillar or
nearby location that includes a series of information related to the
vehicle's weight capacity (cargo and occupants), tire size and
inflation information and maximum number of occupants. Under FMVSS 110,
S4.3(f), the placard must also include a statement that owner's manual
should be consulted for further information.
V. Summary of IAA's Petition: The following views and arguments
presented in this section, ``V. Summary of IAA's Petition,'' are the
views and arguments provided by IAA. They have not been evaluated by
the Agency and do not reflect the views of the Agency. IAA describes
the subject noncompliance and contends that the noncompliance is
inconsequential as it relates to motor vehicle safety.
IAA explains that, due to a calculation error, the vehicle placard
on the subject vehicles provides the incorrect maximum vehicle capacity
weight. IAA contends that this error does not pose a safety risk
because the subject vehicles are functionally capable of carrying
significantly more weight in both cargo and occupants thus,
[[Page 60682]]
preventing any risk of vehicle overloading.
IAA believes that the subject noncompliance does not cause any
increased safety risk to vehicle occupants because the maximum vehicle
capacity weight is understated rather than overstated. Consequently,
IAA argues, adhering to the maximum vehicle capacity weight provided on
the vehicle placard would not lead to vehicle overloading.
IAA says that the purpose of the vehicle placard is to convey
accurate information for the vehicle to be operated in a safe manner
and to reduce the potential for crashes due to overloading. The vehicle
placard contains information that includes the subject vehicle's
maximum weight capacity that should not be exceeded.
IAA explains that the placard for the subject vehicles lists the
weight capacity as 604 pounds or 274 kg which is lower than the actual
maximum weight capacity of the subject vehicles. According to IAA, the
subject vehicles are designed and engineered to carry a maximum weight
of 1,889 pounds (857 kg), which is more than three times the maximum
weight capacity listed on the vehicle placard. Consequently, IAA
believes that the noncompliant placard does not pose a risk of
overloading the subject vehicles, even if the consumers do not
reference any other sources of information, like the owner's manual.
IAA notes that if the vehicle operator questions the maximum
vehicle weight capacity, they can refer to additional sources for
information. The Grenadier owner's manual provides additional
information on the vehicle's weight carrying capacity and explains how
to calculate it correctly, including an example of how to perform the
calculation. The owner's manual also includes information on safe
handling when the subject vehicle is loaded with occupants and cargo,
such as where to place the cargo within the vehicle and instructions on
properly securing cargo.
Further, IAA says that the vehicle's certification label, per 49
CFR part 567, is permanently affixed on each vehicle's B-Pillar. This
label contains the subject vehicle's Gross Vehicle Weight Rating (GVWR)
and Gross Axle Weight Rating (GAWR). IAA explains that if a consumer
notices an unusually low maximum weight capacity listed on the vehicle
placard required by FMVSS No. 110 label, it is reasonable for them to
consult the certification label, along with the owner's manual, to
clarify the vehicle weight capacity value. IAA highlights a prior
petition by Mercedes-Benz USA, LLC, that NHTSA granted (82 FR 33547
July 12, 2017). In that case, the GVWR and GAWR values listed on the
certification label were accurate and provided an additional resource
for consumers to reference maximum vehicle weight capacity.
IAA cites other prior petitions NHTSA granted involving
noncompliances where information on the vehicle placard was inaccurate,
but the manufacturer demonstrated that there was no risk of vehicle
overloading:
<bullet> BMW of North America, LLC, a Subsidiary of BMW AG, Grant
of Petition for Decision of Inconsequential Noncompliance, 78 FR 38799,
June 27, 2013 (The number of rear and maximum vehicle occupants on the
vehicle placard was understated and found to be inconsequential because
there was little to no risk of vehicle overloading.),
<bullet> BMW North America, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance, 88 FR 14245, March 7, 2023. (The
noncompliant vehicle was designed to withstand a larger capacity weight
than was stated on its tire loading label and would not present a
consequential safety problem.),
<bullet> Grant of Petition to Mercedes-Benz USA, LLC, 82 FR 33547
July 12, 2017, (The maximum vehicle weight capacity was overstated, but
the vehicle's tire loading capacities were sufficient to handle the
additional weight.).
IAA highlights another petition that NHTSA granted, submitted by
FCA US LLC (FCA), which IAA says has nearly identical facts. In FCA's
petition, the vehicle placard displayed a combined occupant and cargo
weight of 1,150 lbs. rather than 1,240 lbs. and misstated the maximum
number of occupants that the vehicle could carry. (See Grant of
Petition of FCA US, LLC, 88 FR 84393, December 5, 2023). IAA contends
that, unlike in the FCA petition, all information on the subject
vehicles' is accurate except the maximum vehicle capacity weight.
IAA states that it has corrected the subject noncompliance in its
production, and all of the remaining information on the vehicle placard
is accurate, including the maximum number of vehicle passengers, tire
size and tire pressure.
IAA concludes by stating its belief that the subject noncompliance
is inconsequential as it relates to motor vehicle safety and its
petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
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 IAA no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve vehicle
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 IAA
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)
Otto G. Matheke, III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2024-16483 Filed 7-25-24; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on July 26, 2024.
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