81 FR 16264 - Notice of Unsafe Condition Involving Commercial Motor Vehicles Affected by Volvo Trucks North America's Safety Recall and Out-of-Service Declaration
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 58 (March 25, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 58 (March 25, 2016)
| Page Range | 16264-16265 | |
| FR Document | 2016-06880 |
[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)] [Notices] [Pages 16264-16265] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06880] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Notice of Unsafe Condition Involving Commercial Motor Vehicles Affected by Volvo Trucks North America's Safety Recall and Out-of- Service Declaration AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: FMCSA has determined that commercial motor vehicles manufactured by Volvo Trucks North America (Volvo Trucks) and affected by the National Highway Traffic Safety Administration (NHTSA) Part 573 Safety Recall Report No. 16V-097000, that have not already received the interim or permanent recall remedy repair specified by Volvo in the recall, are likely to cause an accident or breakdown because of a defective steering shaft which may disconnect from the junction block without warning, causing the vehicle to be in an unsafe condition. FMCSA is notifying commercial motor vehicle operators that vehicles subject to the recall without the interim or permanent repair will be subject to an immediate out-of-service order under 49 CFR 396.9 or compatible state regulations. DATES: This Notice is effective March 23, 2016. FOR FURTHER INFORMATION CONTACT: Charles J. Fromm, Deputy Chief [[Page 16265]] Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, by telephone at 202-366-3551 or via email at [email protected]. FMCSA office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: On February 16, 2016, Volvo Trucks initiated a safety recall affecting nearly 16,000 Class 8 motor vehicles in the United States. According to Volvo, a condition exists which could lead to separation of the steering shaft from the junction block. Also, the bolt connecting the upper steering shaft to the lower steering shaft may not have been properly tightened. Volvo's report to NHTSA states that either condition can lead to separation of the steering shaft and immediate loss of steering ability and control, which could lead to a crash. Volvo Trucks issued a Safety Recall Alert on March 10, which directed all owners of the affected vehicles to take the vehicles out of operation as soon as possible and cautioned that the separation can occur without warning and amended its safety recall on March 15, alerting NHTSA of the more serious hazard. Volvo Trucks strongly recommends that these vehicles remain out of service until repairs are made. NHTSA is overseeing Volvo Truck's recall efforts to ensure prompt notification of the defect to vehicle owners and that vehicles are not operated in a defective condition. Volvo's Safety Recall Report is available on its Web site at: http://www-odi.nhtsa.dot.gov/owners/SearchDetails?searchCriteria.prod_ids=1991310&searchCriteria.model_yr=2016&searchCriteria.make=VOLVO&searchCriteria.model=VNL&activeTab=0&searchType=PROD&prodType=V&targetCategory=A&cmplCount=1&rclCount=3&invCount=1&tsbCount=0. Additionally, to assist with notification efforts, on March 18, 2016, FMCSA posted an Inspection Bulletin on its Web site. https://www.fmcsa.dot.gov/newsroom/urgent-inspection-bulletin-safety-recall-issued-volvo-trucks. The Inspection Bulletin advised FMCSA inspectors and state partners under the Motor Carrier Safety Assistance Program (MCSAP) of the condition of the affected vehicles and requested inspectors to direct the operators of such vehicles to contact Volvo Customer Service before continuing in operation. The Inspection Bulletin also noted that continued operation of the affected vehicles could be considered a violation of 49 CFR 396.7, which prohibits operation of a vehicle in a condition likely to cause an accident or a breakdown. Today's notice formalizes that determination and clarifies that FMCSA and its state partners under the MCSAP program will place a vehicle out-of-service if the necessary repair or replacement has not been made, based on the identified out-of-service defect under 49 CFR 393.209(c), which requires that a steering column to be securely fastened. The Secretary of Transportation has statutory authority to set minimum standards for commercial motor vehicle safety, including ensuring that commercial motor vehicles ``are maintained, equipped, loaded, and operated safely'' and to prescribe requirements for the ``safety of operation and equipment of, a motor carrier.'' (49 U.S.C. 31136(a)(1) and 49 U.S.C. 31502(b)). The Secretary also has broad power in carrying out motor carrier safety statutes and regulations to, among other things, ``inspect the equipment of a carrier or lessor'' and ``perform other acts the Secretary considers appropriate.'' (49 U.S.C. 504(c)(1) and 49 U.S.C. 31133(a)(10)). The Administrator of FMCSA has been delegated authority under 49 CFR 1.87(f), (i) and (j) to carry out the functions vested in the Secretary of Transportation by 49 U.S.C. chapter 311, subchapter III, 49 U.S.C. chapter 315, and 49 U.S.C. 504. This delegation of authority includes the authority to declare unsafe vehicles out-of-service under 49 CFR 396.9. Under 49 U.S.C. 31102, MCSAP State partners agree to conduct roadside inspections. In 49 CFR part 350, MCSAP state partners agree to adopt state safety laws and regulations that are compatible with 49 CFR parts 390-397. Out-of-Service Determination FMCSA has determined that commercial motor vehicles subject to Volvo Trucks' Safety Recall (NHTSA Part 573 Safety Recall Report No. 16V-097000), that have not already received the interim or permanent recall remedy repair specified by Volvo in the above-referenced recall, are likely to cause an accident or breakdown and are therefore in an unsafe condition. The condition of the steering column is also a violation of 49 CFR 393.209(c) which requires the steering column to be securely fastened. Because of the potential consequences associated with continued operation of these vehicles, through this notice FMCSA is declaring unsafe the operation of any unrepaired vehicle affected by the Volvo Trucks recall under NHTSA Campaign No. 16V097000 and declaring such vehicles to be in an out-of-service condition. The affected vehicles should not be operated, and the operation of an unrepaired affected vehicle will therefore subject the operator to an out-of-service order under federal or compatible state regulations. FMCSA is directing its investigators and state partners conducting roadside inspections to perform a Level IV inspection on any unrepaired affected vehicles and to place the vehicle out of service based on the violation of 49 CFR 393.209(c). Level IV inspections, which are typically performed on a one-time basis on a particular item as a special inspection, are not included in FMCSA's Safety Measurement System (SMS), and therefore the out-of-service declaration will not affect a motor carrier's SMS score. Placing the vehicle out-of-service under this Notice is not intended to provide a basis for further enforcement action and seeks only the immediate cessation of the operation of vehicles that have been deemed to be in an unsafe condition. Operators of vehicles declared out-of-service, however, must comply with an out-of-service order. Motor carrier operators who violate an out-of-service order will be subject to civil penalties and other enforcement as provided in the Federal Motor Carrier Safety Regulations. Issued under the authority delegated in 49 CFR 1.87 on: March 22, 2016. T. F. Scott Darling, III, Acting Administrator. [FR Doc. 2016-06880 Filed 3-23-16; 11:15 am] BILLING CODE 4910-EX-P
![16264 Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices
11. Narrow Definition of the QA/QC 13. TxDOT Reliance on the California staff. Previously, USACE staff said that
Performance Measure Department of Transportation (Caltrans) TxDOT needed 404 training. The
Training Plan TxDOT scheduled and completed
The team’s Observation #11 was that Section 404 training in two different
The team’s Observation #13 was that
the QA/QC measure for NEPA decisions locations during October 2015. The
the Caltrans training plan, which served
focused only on EA and EIS projects. TxDOT will continue to schedule
as a basis for the TxDOT training plan,
The team urges TxDOT to consider may not adequately meet the needs of Section 404 training.
evaluating a broader range of NEPA TxDOT. The team urged TxDOT to Next Steps
related decisions (including, but not consider other State DOT approaches to
limited to CEs, re-evaluations, Section The FHWA provided this draft audit
training. The TxDOT staff said in a
4(f), and STIP/Transportation report to TxDOT for a 14-day review
recent interview that they had reviewed
Improvement Program (TIP) and comment period. The team has
training plans from Virginia, Ohio,
consistency). Note that the recurring considered TxDOT comments in
Alaska, and Florida. They also indicated
non-compliance observations occurred developing this draft audit report. As
that prior to Audit #2, TxDOT had
the next step, FHWA will publish a
on CEs with either STIP/TIP or Section completed a survey of staff in District
notice in the Federal Register to make
4(f) items that were not ready for a offices and at ENV to assess training
it available to the public and for a 30-
decision to be made. In recent needs. The team was told that the
day comment period review (23 U.S.C.
interviews with TxDOT staff, the team surveys would be used to update the
327(g)). No later than 60 days after the
learned that TxDOT will examine other training plan in the spring of 2016.
close of the comment period, FHWA
measures on an ongoing basis for 14. Adequacy of Training for Non- will respond to all comments submitted
internal use. The team believes that if TxDOT Staff in finalizing this draft audit report,
the QA/QC refocuses attention not only pursuant to 23 U.S.C. 327(g)(B). Once
Observation #14 urged TxDOT to
on the documentation, but also on the assess whether the proposed training finalized, the audit report will be
required sequential NEPA process approach for non-TxDOT staff (relying published in the Federal Register.
related items, that improved efficiencies heavily upon the annual ECC) is [FR Doc. 2016–06819 Filed 3–24–16; 8:45 am]
related to TxDOT’s NEPA decision and adequate and responsive enough to BILLING CODE 4910–22–P
FHWA project authorization could address a need to quickly disseminate
result. The team believes that a more newly developed procedures and
relevant focus on process could DEPARTMENT OF TRANSPORTATION
policy. Through interviews, the team
potentially help avoid non-compliance learned that TxDOT does not prioritize Federal Motor Carrier Safety
actions by TxDOT under the MOU and training classes specifically for non- Administration
FHWA non-compliance observations in TxDOT staff. The Director of ENV
future audits. acknowledged that the training session Notice of Unsafe Condition Involving
at the recent ENV conference for LPA Commercial Motor Vehicles Affected
12. Performance Measure Utility staff was not well attended and was by Volvo Trucks North America’s
Observation #12 was that the utility of thinking of reaching out to large Safety Recall and Out-of-Service
planning organizations. The TxDOT Declaration
several of the performance measures
concluded that its priority for training is
was difficult to determine. Also, the AGENCY: Federal Motor Carrier Safety
first for TxDOT staff internally (ENV
team was concerned that the measure and District staff), second for Administration (FMCSA), DOT.
for the TxDOT relationship with the consultants that TxDOT hires for ACTION: Notice.
public may be too limited by focusing environmental work, and third for
on the number of complaints. Through SUMMARY: FMCSA has determined that
LPAs. In years three and beyond of the commercial motor vehicles
recent interviews, the team learned that TxDOT NEPA Assignment, the training
TxDOT staff agree with FHWA’s manufactured by Volvo Trucks North
plan may start to focus on the second, America (Volvo Trucks) and affected by
concerns about utility. Quantifying and eventually third, priority groups of the National Highway Traffic Safety
changes in relationships with the public individuals. Administration (NHTSA) Part 573
or agencies is possible, but the number Safety Recall Report No. 16V–097000,
15. What Training is Mandatory
is hard to interpret. Regarding the that have not already received the
survey of agencies, TxDOT staff Observation #15 resulted in a team
suggestion that the progressive training interim or permanent recall remedy
indicated that they did not know if repair specified by Volvo in the recall,
agencies have higher expectations of plan clearly identify the training
required for each job classification. The are likely to cause an accident or
TxDOT compared with other agencies. breakdown because of a defective
Considering the TxDOT relationship TxDOT training coordinator told the
team that the progressive training plan steering shaft which may disconnect
with the public, staff told the team that, from the junction block without
will address training required to meet
during the preparation of their State law (16 hours of training) and job warning, causing the vehicle to be in an
application, they considered various task certification. This plan will be unsafe condition. FMCSA is notifying
sorts of surveys and social media developed at the end of 2015. commercial motor vehicle operators that
outreach. Given the cost of these vehicles subject to the recall without the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
approaches, TxDOT was not convinced 16. Training Plan, Consideration of interim or permanent repair will be
of their utility and so decided not to use Resource Agency Recommendations subject to an immediate out-of-service
any of them. This leaves the The team learned in a recent order under 49 CFR 396.9 or compatible
performance measure difficult to interview that in the fall of 2015 (as in state regulations.
address for TxDOT and may be a the fall of 2014), TxDOT subject matter DATES: This Notice is effective March
recurring FHWA observation until it is experts planned to reach out to resource 23, 2016.
resolved. agencies to ask what training they FOR FURTHER INFORMATION CONTACT:
would like to see conducted for TxDOT Charles J. Fromm, Deputy Chief
VerDate Sep<11>2014 18:30 Mar 24, 2016 Jkt 238001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\25MRN1.SGM 25MRN1](https://thefederalregister.org/doc/81_FR_16322/page/1.svg)
![Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices 16265
Counsel, Federal Motor Carrier Safety vehicle in a condition likely to cause an affected vehicles should not be
Administration, 1200 New Jersey Ave. accident or a breakdown. Today’s notice operated, and the operation of an
SE., Washington, DC 20590, by formalizes that determination and unrepaired affected vehicle will
telephone at 202–366–3551 or via email clarifies that FMCSA and its state therefore subject the operator to an out-
at charles.fromm@dot.gov. FMCSA partners under the MCSAP program will of-service order under federal or
office hours are from 9 a.m. to 5 p.m., place a vehicle out-of-service if the compatible state regulations.
Monday through Friday, except Federal necessary repair or replacement has not FMCSA is directing its investigators
holidays. been made, based on the identified out- and state partners conducting roadside
SUPPLEMENTARY INFORMATION: On of-service defect under 49 CFR inspections to perform a Level IV
February 16, 2016, Volvo Trucks 393.209(c), which requires that a inspection on any unrepaired affected
initiated a safety recall affecting nearly steering column to be securely fastened. vehicles and to place the vehicle out of
16,000 Class 8 motor vehicles in the The Secretary of Transportation has service based on the violation of 49 CFR
United States. According to Volvo, a statutory authority to set minimum 393.209(c). Level IV inspections, which
condition exists which could lead to standards for commercial motor vehicle are typically performed on a one-time
separation of the steering shaft from the safety, including ensuring that basis on a particular item as a special
junction block. Also, the bolt connecting commercial motor vehicles ‘‘are inspection, are not included in
the upper steering shaft to the lower maintained, equipped, loaded, and FMCSA’s Safety Measurement System
steering shaft may not have been operated safely’’ and to prescribe (SMS), and therefore the out-of-service
requirements for the ‘‘safety of operation declaration will not affect a motor
properly tightened. Volvo’s report to
and equipment of, a motor carrier.’’ (49 carrier’s SMS score.
NHTSA states that either condition can
U.S.C. 31136(a)(1) and 49 U.S.C. Placing the vehicle out-of-service
lead to separation of the steering shaft under this Notice is not intended to
31502(b)). The Secretary also has broad
and immediate loss of steering ability provide a basis for further enforcement
power in carrying out motor carrier
and control, which could lead to a action and seeks only the immediate
safety statutes and regulations to, among
crash. Volvo Trucks issued a Safety cessation of the operation of vehicles
other things, ‘‘inspect the equipment of
Recall Alert on March 10, which that have been deemed to be in an
a carrier or lessor’’ and ‘‘perform other
directed all owners of the affected unsafe condition. Operators of vehicles
acts the Secretary considers
vehicles to take the vehicles out of declared out-of-service, however, must
appropriate.’’ (49 U.S.C. 504(c)(1) and
operation as soon as possible and 49 U.S.C. 31133(a)(10)). The comply with an out-of-service order.
cautioned that the separation can occur Administrator of FMCSA has been Motor carrier operators who violate an
without warning and amended its safety delegated authority under 49 CFR out-of-service order will be subject to
recall on March 15, alerting NHTSA of 1.87(f), (i) and (j) to carry out the civil penalties and other enforcement as
the more serious hazard. Volvo Trucks functions vested in the Secretary of provided in the Federal Motor Carrier
strongly recommends that these vehicles Transportation by 49 U.S.C. chapter Safety Regulations.
remain out of service until repairs are 311, subchapter III, 49 U.S.C. chapter
made. NHTSA is overseeing Volvo Issued under the authority delegated in 49
315, and 49 U.S.C. 504. This delegation CFR 1.87 on: March 22, 2016.
Truck’s recall efforts to ensure prompt of authority includes the authority to
notification of the defect to vehicle T. F. Scott Darling, III,
declare unsafe vehicles out-of-service Acting Administrator.
owners and that vehicles are not under 49 CFR 396.9. Under 49 U.S.C.
operated in a defective condition. [FR Doc. 2016–06880 Filed 3–23–16; 11:15 am]
31102, MCSAP State partners agree to
Volvo’s Safety Recall Report is available conduct roadside inspections. In 49 CFR BILLING CODE 4910–EX–P
on its Web site at: http://www-odi.nhtsa. part 350, MCSAP state partners agree to
dot.gov/owners/SearchDetails?search adopt state safety laws and regulations
Criteria.prod_ids=1991310&search DEPARTMENT OF TRANSPORTATION
that are compatible with 49 CFR parts
Criteria.model_yr=2016&searchCriteria. 390–397. Federal Motor Carrier Safety
make=VOLVO&searchCriteria.model=
Out-of-Service Determination Administration
VNL&activeTab=0&searchType=PROD&
prodType=V&targetCategory=A&cmpl FMCSA has determined that [Docket No. FMCSA–2015–0072]
Count=1&rclCount=3&invCount=1& commercial motor vehicles subject to
tsbCount=0. Volvo Trucks’ Safety Recall (NHTSA Qualification of Drivers; Exemption
Additionally, to assist with Part 573 Safety Recall Report No. 16V– Applications; Vision
notification efforts, on March 18, 2016, 097000), that have not already received AGENCY: Federal Motor Carrier Safety
FMCSA posted an Inspection Bulletin the interim or permanent recall remedy Administration (FMCSA), DOT.
on its Web site. https://www.fmcsa.dot. repair specified by Volvo in the above- ACTION: Notice of final disposition.
gov/newsroom/urgent-inspection- referenced recall, are likely to cause an
bulletin-safety-recall-issued-volvo- accident or breakdown and are therefore SUMMARY: FMCSA announces its
trucks. The Inspection Bulletin advised in an unsafe condition. The condition of decision to exempt 40 individuals from
FMCSA inspectors and state partners the steering column is also a violation the vision requirement in the Federal
under the Motor Carrier Safety of 49 CFR 393.209(c) which requires the Motor Carrier Safety Regulations
Assistance Program (MCSAP) of the steering column to be securely fastened. (FMCSRs). They are unable to meet the
condition of the affected vehicles and Because of the potential consequences vision requirement in one eye for
asabaliauskas on DSK3SPTVN1PROD with NOTICES
requested inspectors to direct the associated with continued operation of various reasons. The exemptions will
operators of such vehicles to contact these vehicles, through this notice enable these individuals to operate
Volvo Customer Service before FMCSA is declaring unsafe the commercial motor vehicles (CMVs) in
continuing in operation. The Inspection operation of any unrepaired vehicle interstate commerce without meeting
Bulletin also noted that continued affected by the Volvo Trucks recall the prescribed vision requirement in
operation of the affected vehicles could under NHTSA Campaign No. one eye. The Agency has concluded that
be considered a violation of 49 CFR 16V097000 and declaring such vehicles granting these exemptions will provide
396.7, which prohibits operation of a to be in an out-of-service condition. The a level of safety that is equivalent to or
VerDate Sep<11>2014 18:30 Mar 24, 2016 Jkt 238001 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 E:\FR\FM\25MRN1.SGM 25MRN1](https://thefederalregister.org/doc/81_FR_16322/page/2.svg)
Document Created: 2018-02-02 15:17:40
Document Modified: 2018-02-02 15:17:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | This Notice is effective March 23, 2016. | |
| Contact | Charles J. Fromm, Deputy Chief Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, by telephone at 202-366-3551 or via email at [email protected] FMCSA office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays. | |
| FR Citation | 81 FR 16264 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR