[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Notices]
[Pages 43661-43663]
[FR Doc No: 2019-18030]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0040; Notice 1]

Kia Motors America, Inc, 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: Kia Motors America, Inc., and Kia Motors Corporation
(collectively ``Kia''), has determined that certain Model year (MY)
2020 Kia Telluride motor 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. Kia filed a noncompliance report dated April 12, 2019,
and subsequently petitioned NHTSA on April 18, 2019, for a decision
that the subject noncompliance is inconsequential as it relates to
motor vehicle safety. This notice announces receipt of Kia's petition.

DATES: Send comments on or before September 20, 2019.

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:
     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.
     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.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    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 https://www.regulations.gov, 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
https://www.regulations.gov 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).

SUPPLEMENTARY INFORMATION:

I. Overview

    Kia has determined that certain MY 2020 Kia Telluride motor
vehicles do not fully comply with paragraphs S4.3.3 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). Kia filed a
noncompliance report dated April 12, 2019, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports, and subsequently
petitioned NHTSA on April 18, 2019, for an exemption from the
notification and remedy requirement 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 Kia'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

    Approximately 8,773 MY 2020 Kia Telluride motor vehicles
manufactured between January 10, 2019, and March 27, 2019, are
potentially involved.

III. Noncompliance

    Kia explains that the noncompliance is that the subject vehicles
are equipped with Part 567 certification labels that are missing the
value for the rim size as required by paragraph S4.3.3 of FMVSS No.
110. Specifically, the subject vehicles are equipped with 7.5Jx20 or
7.5Jx18 rims, however, the part 567 certification labels are missing
the ``20'' or ``18'' inches after the ``7.5Jx.'' The certification
labels also contain a typo. The ``i'' in ``psi'' is missing in the
section of the label, which identifies the corresponding tire inflation
pressure.

IV. Rule Requirements

    Paragraphs S4.3.3 of FMVSS No. 110 provide the requirements
relevant to this petition. Each vehicle must show the size designation
and, if applicable, the type designation of rims (not necessarily those
on the vehicle) appropriate for the tire and 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 should be in English, letters 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,
16x8.0 rims at 248 kPa (36 psi) cold single.
    GAWR: Rear-1,299 kilograms (2,864 pounds) with P265/70R16 tires,
16x8.00 rims at 248 kPa (36 psi) cold single.

V. Summary of Petition

    Kia described the subject noncompliance and stated its belief that
the noncompliance is inconsequential as it relates to motor vehicle
safety.
    In support of its petition, Kia contends that the information
missing from the label is a minor omissions without adverse safety
implications because the information is readily available from other
sources.
    1. Kia states that FMVSS No. 110 paragraph S4.3(d) requires that
the tire and loading information placard state the tire size
designations for the tires installed on the vehicle at the time of
first purchase. On the affected vehicles, the FMVSS No. 110 tire and
loading label (which is located directly adjacent to the certification
label on the ``B'' pillar), contains the correct tire size dimensions,
recommended cold tire inflation pressure, and vehicle capacity weight.
    2. Kia also noted that FMVSS No. 110, paragraph S4.3(f), also
requires the tire and loading placard to state ``See Owner's Manual for
Additional Information.'' The Owner's Manual for the 2020 Telluride
provides the wheel rim and tire information, which the owner can easily
refer to confirm the correct tire pressure.
    3. The consumer can also check the tire rims installed on the
vehicle to determine the correct wheel rim size needed. Kia noted that
FMVSS No. 110, paragraph S.4.4.2(b), requires each rim to be marked to
identify the rim size. The affected vehicles meet the requirements of
this section.
    4. Kia is not aware of any accidents or injuries related to the
omitted tire rim size information or typographical errors on the
certification label, nor has it received contact from vehicle owners
regarding this issue.
    5. Kia says NHTSA has previously granted similar petitions for
inconsequential noncompliance with FMVSS No. 110, paragraph S4.3.3,
with respect to missing or incorrect information on the certification
label. See e.g., Hyundai-Ki America Technical Center, Inc., Grant of
Petition for Decision of Inconsequential Noncompliance, 78 FR 38445
(June 26, 2013) [granting petition where certification labels on
certain MY 2012 Hyundai Veracruz vehicles were missing tire size
designation information entirely]; Chrysler Group, LLC, Grant of
Petition for Decision of Inconsequential Noncompliance, 78 FR 38443
(June 26, 2013) [granting petition where certification labels in
certain MY 2011 Chrysler Town and Country and Dodge Grand Caravan
vehicles incorrectly identified tire size]; and BMW of North America,
LLC., Grant of Petition for Decision of Inconsequential Noncompliance,
78 FR 76408 (December 17, 2013) [granting petition where certification
labels in certain MGMT7099DMY 2012 X3 SAV vehicles contained incorrect
tire and rim information for the tires and rims installed as original
equipment].
    Kia concludes that the subject noncompliance is inconsequential as
it

relates to motor vehicle safety, and that 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 Kia 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 Kia
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. 2019-18030 Filed 8-20-19; 8:45 am]
BILLING CODE 4910-59-P


Page 1 of 2 Memorandum From: Carey A. Johnston, P. E. USEPA/ OW/ OST ph: ( 202) 566 1014 johnston. carey@ epa. gov To: Public Record for the Effluent Guidelines Program Plan for 2004/ 2005 DCN 01112, Section 2.2.1 EPA Docket Number OW 2003 0074 ( www. epa. gov/ edockets/)

Date: August 17, 2004 Re: Industrial Wastewater Technology Websites EPA reviewed information from three websites for information on applicable and demonstrated technologies, process changes, or pollution prevention alternatives that can effectively reduce the pollutants remaining in an industry category's wastewater and thereby substantially reduce any identified risk to human health or the environment associated with those pollutants. These websites include the European Integrated Pollution Prevention and Control Bureau, Canadian Wastewater Technology Centre, and the Australian Department of Environment and Heritage Eco efficiency & Cleaner Production Case Studies.

European Integrated Pollution Prevention and Control Bureau The European Union has a set of common rules on permitting for industrial installations. These rules are set out in the so called IPPC Directive of 1996. IPPC stands for Integrated Pollution Prevention and Control. In essence, the IPPC Directive is about minimizing pollution from various point sources throughout the European Union. All installations covered by Annex I of the Directive are required to obtain a permit from the authorities in the EU countries. Unless they have a permit, they are not allowed to operate. The permits must be based on the concept of Best Available Techniques ( or BAT), which is defined in Article 2 of the Directive. These BAT reports are listed at: http:// www. jrc. es/ pub/ english. cgi/ 0/ 733169.

Canadian Wastewater Technology Centre The Environmental Technology Advancement Directorate's Wastewater Technology Centre ( WTC) located in Burlington, Ontario, has been in operation since 1972. It provides specialized science and technical, research and development support as well as demonstration and validation for Environment Canada ( EC). Among other specialties, the WTC develops and assesses novel industrial and municipal wastewater treatment technologies. This work supports Page 2 of 2 EC's efforts in pollution prevention, management of existing toxic substances, identification of new toxic substances and treatment technologies. Reports from the WTC can be downloaded from: http:// www. ec. gc. ca/ etad/ en/ wtc_ e. htm.

Australian Department of Environment and Heritage Eco efficiency & Cleaner Production Case Studies The Australian Department of the Environment and Heritage is working in partnership with Australian business and industry in the promotion and implementation of initiatives and best practice to improve corporate environmental performance. These initiatives include the uptake tools such as voluntary corporate sustainability or Triple Bottom Line Reporting, eco efficiency and cleaner production strategies, Environmental Management Systems ( EMS), life cycle assessment techniques, environmental management accounting, supply chain management and other tools with wide applicability to a range of industries. A series of case studies demonstrating improved energy efficiency and reductions of environmental releases are listed at: http:// www. deh. gov. au/ industry/ corporate/ eecp/ industry. html