81 FR 20053 - JLG Industries, Inc., Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 66 (April 6, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 66 (April 6, 2016)
| Page Range | 20053-20054 | |
| FR Document | 2016-07872 |
[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)] [Notices] [Pages 20053-20054] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07872] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2014-0104; Notice 2] JLG Industries, Inc., Grant of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. ----------------------------------------------------------------------- SUMMARY: JLG Industries, Inc. (JLG) has determined that certain JLG Triple-L utility trailers do not fully comply with paragraph S4.3.5 of 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. JLG filed a report dated July 16, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. JLG then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety. FOR FURTHER INFORMATION CONTACT: For further information on this decision contact Stuart Seigel, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), Telephone (202) 366-5287, facsimile (202) 366-5930. SUPPLEMENTARY INFORMATION: I. JLG's Petition Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, JLG 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. Notice of receipt of JLG's petition was published, with a 30-day public comment period, on November 21, 2014, in the Federal Register (79 FR 69550). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to located docket number ``NHTSA-2014-0104.'' II. Trailers Involved Affected are approximately 2,940 JLG Triple-L utility trailers with a GVWR of less than 10,000 lbs. that were manufactured between August 2005 and July 2014. III. Noncompliance JLG explains that the noncompliance is that the tire and loading information placard does not contain the words ``The weight of the cargo should never exceed XXX kilograms or XXX pounds'' as required by paragraph S4.3.5 of FMVSS No. 110. IV. Rule Text Paragraph S4.3.5 of FMVSS No. 110 requires in pertinent part: S4.3.5 Requirements for trailers. Each trailer, except for an incomplete vehicle, must show the information specified in S4.3 (c) through (g), and may show the information specified in S4.3 (h) and (i), on a placard permanently affixed proximate to the certification label specified in 49 CFR part 567. Additionally, each trailer must on its placard contain a cargo capacity statement expressed as ``The weight of cargo should never exceed XXX kilograms or XXX pounds'' in the same location on the placard specified for the ``vehicle capacity weight'' statement required by the standard. . . . V. Summary of JLG's Analyses JLG stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) With regard to trailers JLG states that there is no need to account for passenger weight when considering cargo weight because there are no designated seating positions on the trailer and all of the weight capacity is designated towards cargo. JLG also believes that providing the maximum load capacity for the trailer therefore provides the same information as providing the maximum weight of the cargo. (B) Although the Tire and Loading Information labels on the subject trailers do not contain the statement set forth in S4.3.5, the same information is provided on a separate label in the vicinity of the Tire and Loading Information label. That label states that the ``Max Load Capacity xxxx lbs'' and further instructs the operator to ``center load on deck.'' It also draws attention to the maximum carrying load of the trailer and ensures that drivers loading the trailer are aware of the maximum load capacity the trailer can carry--the precise [[Page 20054]] information the regulatory text intends to be conveyed. JLG has additionally informed NHTSA that it has corrected the noncompliance so that all future production trailer Tire and Loading Information labels will comply with FMVSS No. 110. In summation, JLG believes that the described noncompliance of the subject trailers is inconsequential to motor vehicle safety, and that its petition, to exempt JLG 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'S Decision NHTSA's Analysis: NHTSA has reviewed JLG's analyses and justification for an inconsequential noncompliance determination for the affected 2940 utility trailers with incorrect wording on the Tire and Loading Information placard. Specifically, the required wording ``The weight of the cargo should never exceed XXXX kg or XXXX lbs.'' is replaced with ``Max. Load Capacity XXXX lbs.'' on a separate label placed in the vicinity of the Tire and Loading Information placard. The wording of these two labels as described below have an equivalent meaning and as such there is little to no risk to motor vehicle safety. The cargo capacity statement or ``vehicle capacity weight'' statement required by FMVSS No. 110 is defined as ``the rated cargo and luggage load plus 68 kilograms times the vehicle's designated seating capacity.'' As these trailers do not carry passengers and therefore have no designated seating positions, the maximum load capacity for the trailer as specified on the JLG trailer label is functionally equivalent to the cargo capacity value that should be specified on the FMVSS No. 110 placard. There is no confusion for the trailer user as to the weight that can be carried on the trailer. In addition, the absence of the loading information in kilograms is not likely to be problematic for users of these trailers. NHTSA's Decision: In consideration of the foregoing, NHTSA finds that JLG has met its burden of persuasion that the subject FMVSS No. 110 noncompliance in the affected vehicles is inconsequential to motor vehicle safety. Accordingly, JLG's petition is hereby granted and JLG is consequently exempted from the obligation of providing notification of, and a free remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. 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, this decision only applies to the subject trailers that JLG no longer controlled at the time it determined that the noncompliance existed. However, the granting of 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 trailers under their control after JLG 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, Director, Office of Vehicle Safety Compliance. [FR Doc. 2016-07872 Filed 4-5-16; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Notices 20053
increased domestic content waiver as a result of the comments follow the online search instructions to
requirements, which would result in received. located docket number ‘‘NHTSA–2014–
substantial delay and increased costs, 0104.’’
Therese McMillan,
particularly for those recipients who are
Acting Administrator. II. Trailers Involved
about to enter into contracts.
[FR Doc. 2016–07836 Filed 4–5–16; 8:45 am] Affected are approximately 2,940 JLG
Accordingly, FTA proposes a public
interest waiver for the following
BILLING CODE 4910–57–P Triple-L utility trailers with a GVWR of
categories of contracts: (1) For contracts less than 10,000 lbs. that were
entered into between the FAST Act’s manufactured between August 2005 and
DEPARTMENT OF TRANSPORTATION July 2014.
effective date and date of enactment
(i.e., between October 1, 2015 and National Highway Traffic Safety III. Noncompliance
December 4, 2015), the increased Administration
domestic content requirements for JLG explains that the noncompliance
[Docket No. NHTSA–2014–0104; Notice 2] is that the tire and loading information
FY2018 and beyond will not apply,
regardless of when the vehicles are placard does not contain the words
JLG Industries, Inc., Grant of Petition ‘‘The weight of the cargo should never
delivered; and (2) for contracts entered for Decision of Inconsequential
into after December 4, 2015 as a result exceed XXX kilograms or XXX pounds’’
Noncompliance as required by paragraph S4.3.5 of
of solicitations for bids or requests for
proposals that were advertised before AGENCY: National Highway Traffic FMVSS No. 110.
December 4, 2015, the increased Safety Administration (NHTSA), IV. Rule Text
domestic content requirements for Department of Transportation (DOT).
FY2018 and beyond will not apply, ACTION: Grant of petition. Paragraph S4.3.5 of FMVSS No. 110
regardless of when the vehicles are requires in pertinent part:
delivered. SUMMARY: JLG Industries, Inc. (JLG) has S4.3.5 Requirements for trailers. Each
determined that certain JLG Triple-L trailer, except for an incomplete vehicle,
This public interest waiver is limited utility trailers do not fully comply with must show the information specified in S4.3
to the parties to the contract only. paragraph S4.3.5 of Federal Motor (c) through (g), and may show the
Recipients who are not direct parties to Vehicle Safety Standard (FMVSS) No. information specified in S4.3 (h) and (i), on
the contract, however, may not exercise 110, Tire Selection and Rims and Motor a placard permanently affixed proximate to
options (a/k/a ‘‘piggybacking’’) on such Home/Recreation Vehicle Trailer Load the certification label specified in 49 CFR
contracts and take advantage of the Carrying Capacity Information for Motor part 567. Additionally, each trailer must on
lower domestic content requirement. its placard contain a cargo capacity statement
Vehicles with a GVWR of 4,536 expressed as ‘‘The weight of cargo should
The assignment of options to a third kilograms (10,000 pounds) or Less. JLG
party results in the third party and the never exceed XXX kilograms or XXX
filed a report dated July 16, 2014, pounds’’ in the same location on the placard
vendor entering into a new contract pursuant to 49 CFR part 573, Defect and specified for the ‘‘vehicle capacity weight’’
after the effective date of the FAST Act, Noncompliance Responsibility and statement required by the standard. . . .
and therefore, the increased domestic Reports. JLG then petitioned NHTSA
content requirements for FY2018 and V. Summary of JLG’s Analyses
under 49 CFR part 556 requesting a
beyond will apply to vehicles delivered decision that the subject noncompliance JLG stated its belief that the subject
in those years. is inconsequential to motor vehicle noncompliance is inconsequential to
Recipients or vendors may apply to safety. motor vehicle safety for the following
FTA for individual public interest FOR FURTHER INFORMATION CONTACT: For reasons:
waivers for contracts entered into after further information on this decision (A) With regard to trailers JLG states
December 4, 2015, and others that do contact Stuart Seigel, Office of Vehicle that there is no need to account for
not fall within the scope of this general Safety Compliance, the National passenger weight when considering
public interest waiver. A request for a Highway Traffic Safety Administration cargo weight because there are no
public interest waiver should set forth (NHTSA), Telephone (202) 366–5287, designated seating positions on the
the detailed justification for the facsimile (202) 366–5930. trailer and all of the weight capacity is
proposed waiver, including information designated towards cargo. JLG also
SUPPLEMENTARY INFORMATION:
about the history of the procurement believes that providing the maximum
and the burden on the recipient and/or I. JLG’s Petition load capacity for the trailer therefore
the industry in complying with the Pursuant to 49 U.S.C. 30118(d) and provides the same information as
FAST Act. Public interest waivers 30120(h) and the rule implementing providing the maximum weight of the
should be narrowly tailored and FTA those provisions at 49 CFR part 556, JLG cargo.
will not generally look favorably on submitted a petition for an exemption (B) Although the Tire and Loading
waivers that provide for contracts that from the notification and remedy Information labels on the subject trailers
include the exercise of options for requirements of 49 U.S.C. Chapter 301 do not contain the statement set forth in
vehicles that will be delivered beyond on the basis that this noncompliance is S4.3.5, the same information is provided
FY2020. FTA will act expeditiously on inconsequential to motor vehicle safety. on a separate label in the vicinity of the
public interest waiver requests that Notice of receipt of JLG’s petition was Tire and Loading Information label.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
provide the information requested. published, with a 30-day public That label states that the ‘‘Max Load
FTA seeks comment from all comment period, on November 21, Capacity xxxx lbs’’ and further instructs
interested parties on the above public 2014, in the Federal Register (79 FR the operator to ‘‘center load on deck.’’
interest waiver. After consideration of 69550). No comments were received. To It also draws attention to the maximum
the comments, FTA will publish a view the petition and all supporting carrying load of the trailer and ensures
second notice in the Federal Register documents log onto the Federal Docket that drivers loading the trailer are aware
with a response to comments and noting Management System (FDMS) Web site of the maximum load capacity the
any changes made to the public interest at: http://www.regulations.gov/. Then trailer can carry—the precise
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![20054 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Notices
information the regulatory text intends NHTSA notes that the statutory should be directed to Allan Hopkins, at
to be conveyed. provisions (49 U.S.C. 30118(d) and Internal Revenue Service, Room 6129,
JLG has additionally informed 30120(h)) that permit manufacturers to 1111 Constitution Avenue NW.,
NHTSA that it has corrected the file petitions for a determination of Washington, DC 20224, or through the
noncompliance so that all future inconsequentiality allow NHTSA to internet at Allan.M.Hopkins@irs.gov.
production trailer Tire and Loading exempt manufacturers only from the SUPPLEMENTARY INFORMATION:
Information labels will comply with duties found in sections 30118 and Title: Passive Activity Credit
FMVSS No. 110. 30120, respectively, to notify owners, Limitations.
In summation, JLG believes that the purchasers, and dealers of a defect or OMB Number: 1545–1034.
described noncompliance of the subject noncompliance and to remedy the Form Number: 8582–CR.
trailers is inconsequential to motor defect or noncompliance. Therefore, this Abstract: Under Internal Revenue
vehicle safety, and that its petition, to decision only applies to the subject Code section 469, credits from passive
exempt JLG from providing recall trailers that JLG no longer controlled at activities, to the extent they do not
notification of noncompliance as the time it determined that the exceed the tax attributable to net passive
required by 49 U.S.C. 30118 and noncompliance existed. However, the income, are not allowed, Form 8582–CR
remedying the recall noncompliance as granting of this petition does not relieve is used to figure the passive activity
required by 49 U.S.C. 30120 should be vehicle distributors and dealers of the credit allowed and the amount of credit
granted. prohibitions on the sale, offer for sale, to be reported on the tax return.
or introduction or delivery for Current Actions: There are no changes
NHTSA’S Decision introduction into interstate commerce of being made to the form at this time.
NHTSA’s Analysis: NHTSA has the noncompliant trailers under their Type of Review: Extension of a
reviewed JLG’s analyses and control after JLG notified them that the currently approved collection.
justification for an inconsequential subject noncompliance existed. Affected Public: Individuals or
noncompliance determination for the Authority: 49 U.S.C. 30118, 30120: households, business or other for-profit
affected 2940 utility trailers with Delegations of authority at 49 CFR 1.95 and organizations, and farms.
incorrect wording on the Tire and 501.8. Estimated Number of Respondents:
Loading Information placard. Jeffrey M. Giuseppe, 300,000.
Specifically, the required wording ‘‘The Director, Office of Vehicle Safety Compliance. Estimated Time per Respondent: 14
weight of the cargo should never exceed hr., 53 min.
[FR Doc. 2016–07872 Filed 4–5–16; 8:45 am]
XXXX kg or XXXX lbs.’’ is replaced Estimated Total Annual Burden
BILLING CODE 4910–59–P
with ‘‘Max. Load Capacity XXXX lbs.’’ Hours: 2,370,600.
on a separate label placed in the vicinity The following paragraph applies to all
of the Tire and Loading Information of the collections of information covered
placard. The wording of these two labels DEPARTMENT OF THE TREASURY by this notice:
as described below have an equivalent An agency may not conduct or
Internal Revenue Service
meaning and as such there is little to no sponsor, and a person is not required to
risk to motor vehicle safety. The cargo Proposed Collection; Comment respond to, a collection of information
capacity statement or ‘‘vehicle capacity Request for Form 8582–CR unless the collection of information
weight’’ statement required by FMVSS displays a valid OMB control number.
No. 110 is defined as ‘‘the rated cargo AGENCY: Internal Revenue Service (IRS), Books or records relating to a collection
and luggage load plus 68 kilograms Treasury. of information must be retained as long
times the vehicle’s designated seating ACTION: Notice and request for as their contents may become material
capacity.’’ As these trailers do not carry comments. in the administration of any internal
passengers and therefore have no revenue law. Generally, tax returns and
SUMMARY: The Department of the
designated seating positions, the tax return information are confidential,
Treasury, as part of its continuing effort
maximum load capacity for the trailer as as required by 26 U.S.C. 6103.
to reduce paperwork and respondent
specified on the JLG trailer label is Request for Comments: Comments
burden, invites the general public and
functionally equivalent to the cargo submitted in response to this notice will
other Federal agencies to take this
capacity value that should be specified be summarized and/or included in the
opportunity to comment on proposed
on the FMVSS No. 110 placard. There request for OMB approval. All
and/or continuing information
is no confusion for the trailer user as to comments will become a matter of
collections, as required by the
the weight that can be carried on the public record. Comments are invited on:
Paperwork Reduction Act of 1995,
trailer. In addition, the absence of the (a) Whether the collection of
Public Law 104–13 (44 U.S.C.
loading information in kilograms is not information is necessary for the proper
3506(c)(2)(A)). Currently, the IRS is
likely to be problematic for users of performance of the functions of the
soliciting comments concerning Form
these trailers. agency, including whether the
8582–CR, Passive Activity Credit
NHTSA’s Decision: In consideration Limitations. information shall have practical utility;
of the foregoing, NHTSA finds that JLG (b) the accuracy of the agency’s estimate
has met its burden of persuasion that DATES: Written comments should be of the burden of the collection of
the subject FMVSS No. 110 received on or before June 6, 2016 to be information; (c) ways to enhance the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
noncompliance in the affected vehicles assured of consideration. quality, utility, and clarity of the
is inconsequential to motor vehicle ADDRESSES: Direct all written comments information to be collected; (d) ways to
safety. Accordingly, JLG’s petition is to Tuawana Pinkston, Internal Revenue minimize the burden of the collection of
hereby granted and JLG is consequently Service, Room 6526, 1111 Constitution information on respondents, including
exempted from the obligation of Avenue NW., Washington, DC 20224. through the use of automated collection
providing notification of, and a free FOR FURTHER INFORMATION CONTACT: techniques or other forms of information
remedy for, that noncompliance under Requests for additional information or technology; and (e) estimates of capital
49 U.S.C. 30118 and 30120. copies of the form and instructions or start-up costs and costs of operation,
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Document Created: 2018-02-07 13:52:00
Document Modified: 2018-02-07 13:52:00
| 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 | Grant of petition. | |
| Contact | For further information on this decision contact Stuart Seigel, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), Telephone (202) 366-5287, facsimile (202) 366-5930. | |
| FR Citation | 81 FR 20053 |
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