81_FR_73054 81 FR 72850 - Supreme Corporation, Grant of Petition for Decision of Inconsequential Noncompliance

81 FR 72850 - Supreme Corporation, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 204 (October 21, 2016)

Page Range72850-72851
FR Document2016-25509

Supreme Corporation (Supreme), has determined that certain model year (MY) 2015-2016 Supreme Classic American Trolley buses manufactured between October 1, 2014 and November 2, 2015, do not fully comply with paragraph S6 of Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. Supreme filed a report dated November 20, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Supreme then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety.

Federal Register, Volume 81 Issue 204 (Friday, October 21, 2016) 
[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Notices]
[Pages 72850-72851]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25509]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0126; Notice 2]


Supreme Corporation, Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: Supreme Corporation (Supreme), has determined that certain 
model year (MY) 2015-2016 Supreme Classic American Trolley buses 
manufactured between October 1, 2014 and November 2, 2015, do not fully 
comply with paragraph S6 of Federal Motor Vehicle Safety Standard 
(FMVSS) No. 205, Glazing Materials. Supreme filed a report dated 
November 20, 2015, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports. Supreme then petitioned NHTSA 
under 49 CFR part 556 requesting a decision that the subject 
noncompliance is inconsequential to motor vehicle safety.

ADDRESSES: For further information on this decision contact Luis 
Figueroa, Office of Vehicles Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5298, 
facsimile (202) 366-5930.

SUPPLEMENTARY INFORMATION: 

I. Overview

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49

[[Page 72851]]

CFR part 556), Supreme 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 the petition was published, with a 30-day 
public comment period, on March 3, 2016, in the Federal Register (81 FR 
11358). 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 locate docket number ``NHTSA-2015-0126.''

II. Buses Involved

    Affected are approximately 21 MY 2015-2016 Supreme Classic American 
Trolley buses manufactured between October 1, 2014 and November 2, 
2015.

III. Noncompliance

    Supreme explains that the noncompliance is that the windshields on 
the subject Trolleys do not contain the ``AS1'' markings as required by 
paragraph S6 of FMVSS No. 205.

IV. Rule Text

    Paragraph S6 of FMVSS No. 205 requires in pertinent part:

    S6. Certification and marking.
    S6.1 A prime glazing material manufacturer, must certify, in 
accordance with 49 U.S.C. 30115, each piece of glazing material to 
which this standard applies that is designed--
    (a) As a component of any specific motor vehicle or camper; or
    (b) To be cut into components for use in motor vehicles or items 
of motor vehicle equipment.
    S6.2 A prime glazing manufacturer certifies its glazing by 
adding to the marks required by section 7 of ANSI/SAE Z26.1-1996, in 
letters and numerals of the same size, the symbol ``DOT'' and a 
manufacturer's code mark that NHTSA assigns to the manufacturer. 
NHTSA will assign a code mark to a manufacturer after the 
manufacturer submits a written request to the Office of Vehicle 
Safety Compliance, National Highway Traffic Safety Administration, 
400 Seventh Street SW., Washington, DC 20590. The request must 
include the company name, address, and a statement from the 
manufacturer certifying its status as a prime glazing manufacturer 
as defined in S4. . . .

    In addition, paragraph S5.1 of FMVSS No. 205 incorporates by 
reference ANSI Z26.1-1996 and other industry standards. Specifically, 
Section 7 (Marking of Safety Glazing Materials) of ANSI Z26.1-1996 
requires that:

    In addition to any other markings required by law, ordinance, or 
regulation, all safety glazing materials manufactured for use in 
accordance with this standard shall be legibly and permanently 
marked in letters and numerals . . . with the words American 
National Standard or the characters AS and . . . In addition to the 
preceding markings and immediately adjacent to the words American 
National Standard or the characters AS, each piece of glazing 
material shall further be marked . . . if complying with the 
requirements of Section 4, Application of Tests, Item 1 with the 
numeral 1; . . .

V. Summary of Supreme's Analyses

    Supreme stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (1) Supreme stated that the subject windshields meet all 
performance and other requirements of FMVSS No. 205 with the exception 
of the subject noncompliance.
    (2) Supreme stated its belief that repair services for the subject 
windshields will not be affected because replacement windshields are 
typically obtained through Supreme distributors who have the correct 
and compliant replacement glazing.
    (3) Supreme also stated that they have not received any consumer 
complaints, claims, or warranty claims related to this noncompliance.
    (4) Supreme additionally made mention of similar inconsequential 
noncompliance petitions that were granted by the agency relating 
noncompliances that Supreme believes are similar to the subject FMVSS 
No. 205 noncompliance.
    Supreme has informed NHTSA that for all affected vehicles that 
remain in Supreme's inventory and the inventory of Supreme's 
distributors, permanent markings in compliance with FMVSS No. 205 will 
be added to the vehicle windshields before delivery under a sale or 
lease.
    In summation, Supreme believes that the described noncompliance of 
the subject windshields is inconsequential to motor vehicle safety, and 
that its petition, to exempt Supreme 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 Analysis: The petition pertains to a population of 
approximately 21 model year 2015 and 2016 ``Classic American Trolley'' 
vehicles, built by Supreme Corporation, that do not have the required 
``AS1'' marking on their windshields. NHTSA has reviewed Supreme 
Corporation's arguments and has decided that the subject FMVSS No. 205 
noncompliance is inconsequential to motor vehicle safety.
    There is no effect of the noncompliance on the operational safety 
of the subject vehicles because the installed windshields meet all 
other labeling and performance requirements of FMVSS No. 205. Also, 
there is no possibility that a noncompliant windshield will be 
installed on a production vehicle or ordered as a replacement part 
since vehicles in inventory will have compliant windshields before sold 
or lease, and replacement windshields are obtained through Supreme 
Corporation.
    NHTSA's Decision: In consideration of the foregoing analysis, NHTSA 
has decided that Supreme has met its burden of demonstrating that the 
FMVSS No. 205 noncompliance is inconsequential to motor vehicle safety. 
Accordingly, Supreme's petition is hereby granted and Supreme is 
exempted from the obligation of providing notification of, and a remedy 
for, the subject 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 buses that Supreme no longer controlled at 
the time it determined that the noncompliance existed. However, the 
granting of this petition does not relieve equipment distributors and 
dealers of the prohibitions on the sale, offer for sale, or 
introduction or delivery for introduction into interstate commerce of 
the noncompliant buses under their control after Supreme 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. 2016-25509 Filed 10-20-16; 8:45 am]
 BILLING CODE 4910-59-P

72850 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices Significant Impact (FONSI) issued on description of the proposed service, is application, and address the waiver September 21, 2016. listed below. criteria given in § 388.4 of MARAD’s This notice applies to all FHWA DATES: Submit comments on or before regulations at 46 CFR part 388. decisions as of the issuance date of this November 21, 2016. Privacy Act notice and all laws under which such ADDRESSES: Comments should refer to actions were taken. Laws generally docket number MARAD–2016–0099. Anyone is able to search the applicable to such actions include but Written comments may be submitted by electronic form of all comments are not limited to: hand or by mail to the Docket Clerk, received into any of our dockets by the • General: National Environmental U.S. Department of Transportation, name of the individual submitting the Policy Act (NEPA) [42 U.S.C. 4321– Docket Operations, M–30, West comment (or signing the comment, if 4351; Federal-Aid Highway Act [23 Building Ground Floor, Room W12–140, submitted on behalf of an association, U.S.C. 109]. 1200 New Jersey Avenue SE., business, labor union, etc.). You may • Wildlife: Endangered Species Act Washington, DC 20590. You may also review DOT’s complete Privacy Act [16 U.S.C. 1531–1544 and 1536]; Fish send comments electronically via the Statement in the Federal Register and Wildlife Coordination Act [16 Internet at http://www.regulations.gov. published on April 11, 2000 (Volume U.S.C. 661–667(d); Migratory Bird All comments will become part of this 65, Number 70; Pages 19477–78). Treaty Act [16 U.S.C. 703–712]. docket and will be available for By Order of the Maritime Administrator. • Cultural Resources: Section 106 of inspection and copying at the above Dated: October 4, 2016. the National Historic Preservation Act of address between 10 a.m. and 5 p.m., T. Mitchell Hudson, Jr., 1966, as amended [16 U.S.C. 470(f) et E.T., Monday through Friday, except Secretary, Maritime Administration. seq.]; Archaeological and Historic federal holidays. An electronic version [FR Doc. 2016–25229 Filed 10–20–16; 8:45 am] Preservation Act [16 U.S.C. 469–469(c)]; of this document and all documents BILLING CODE 4910–81–P Archaeological Resources Protection Act entered into this docket is available on of 1977 [16 U.S.C. 470(aa)–11]. the World Wide Web at http:// • Noise: Federal-Aid Highway Act of www.regulations.gov. DEPARTMENT OF TRANSPORTATION 1970 [Pub. L. 91–605, 84 Stat. 1713] FOR FURTHER INFORMATION CONTACT: • Executive Orders: E.O. 11593 Bianca Carr, U.S. Department of National Highway Traffic Safety Protection and Enhancement of Cultural Transportation, Maritime Administration Resources; E.O. 13287 Preserve Administration, 1200 New Jersey America. [Docket No. NHTSA–2015–0126; Notice 2] Avenue SE., Room W23–453, (Catalog of Federal Domestic Assistance Washington, DC 20590. Telephone 202– Supreme Corporation, Grant of Petition Program Number 20.205, Highway Planning 366–9309, Email Bianca.carr@dot.gov. for Decision of Inconsequential and Construction. The regulations SUPPLEMENTARY INFORMATION: As Noncompliance implementing Executive Order 12372 described by the applicant the intended regarding intergovernmental consultation on AGENCY: National Highway Traffic Federal programs and activities apply to this service of the vessel HOLOHOLO is: Intended commercial use of vessel: Safety Administration (NHTSA), program.) Department of Transportation (DOT). ‘‘Non fishing ecotourism charters. Day Authority: 23 U.S.C. 139(l)(1). eco tours, sightseeing and special ACTION: Grant of petition. Ivan Marrero, events. Overnight eco tour charters for SUMMARY: Supreme Corporation Division Administrator, Federal Highway multi days up to 2 weeks for a (Supreme), has determined that certain Administration. maximum of up to 6 overnight guests model year (MY) 2015–2016 Supreme [FR Doc. 2016–25256 Filed 10–20–16; 8:45 am] plus captain and crew, for a total of 8 Classic American Trolley buses maximum people.’’ BILLING CODE 4910–RY–P Geographic region: ‘‘Washington, manufactured between October 1, 2014 Alaska (excluding waters in and November 2, 2015, do not fully Southeastern Alaska and waters north of comply with paragraph S6 of Federal DEPARTMENT OF TRANSPORTATION Motor Vehicle Safety Standard (FMVSS) a line between Gore Point to Cape Suckling [including the North Gulf No. 205, Glazing Materials. Supreme Maritime Administration Coast and Prince William Sound]).’’ filed a report dated November 20, 2015, [Docket No. MARAD–2016–0099] The complete application is given in pursuant to 49 CFR part 573, Defect and DOT docket MARAD–2016–0099 at Noncompliance Responsibility and Requested Administrative Waiver of Reports. Supreme then petitioned http://www.regulations.gov. Interested the Coastwise Trade Laws: Vessel NHTSA under 49 CFR part 556 parties may comment on the effect this HOLOHOLO; Invitation for Public requesting a decision that the subject action may have on U.S. vessel builders Comments noncompliance is inconsequential to or businesses in the U.S. that use U.S.- AGENCY: Maritime Administration, flag vessels. If MARAD determines, in motor vehicle safety. Department of Transportation. accordance with 46 U.S.C. 12121 and ADDRESSES: For further information on MARAD’s regulations at 46 CFR part this decision contact Luis Figueroa, ACTION: Notice. 388, that the issuance of the waiver will Office of Vehicles Safety Compliance, SUMMARY: As authorized by 46 U.S.C. have an unduly adverse effect on a U.S.- the National Highway Traffic Safety asabaliauskas on DSK3SPTVN1PROD with NOTICES 12121, the Secretary of Transportation, vessel builder or a business that uses Administration (NHTSA), telephone as represented by the Maritime U.S.-flag vessels in that business, a (202) 366–5298, facsimile (202) 366– Administration (MARAD), is authorized waiver will not be granted. Comments 5930. to grant waivers of the U.S.-build should refer to the docket number of SUPPLEMENTARY INFORMATION: requirement of the coastwise laws under this notice and the vessel name in order certain circumstances. A request for for MARAD to properly consider the I. Overview such a waiver has been received by comments. Comments should also state Pursuant to 49 U.S.C. 30118(d) and MARAD. The vessel, and a brief the commenter’s interest in the waiver 30120(h) (see implementing rule at 49 VerDate Sep<11>2014 19:06 Oct 20, 2016 Jkt 241001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\21OCN1.SGM 21OCN1

Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices 72851 CFR part 556), Supreme submitted a glazing materials manufactured for use in is inconsequential to motor vehicle petition for an exemption from the accordance with this standard shall be safety. notification and remedy requirements of legibly and permanently marked in letters and numerals . . . with the words American There is no effect of the 49 U.S.C. Chapter 301 on the basis that National Standard or the characters AS and noncompliance on the operational this noncompliance is inconsequential . . . In addition to the preceding markings safety of the subject vehicles because to motor vehicle safety. and immediately adjacent to the words Notice of receipt of the petition was the installed windshields meet all other American National Standard or the published, with a 30-day public labeling and performance requirements characters AS, each piece of glazing material comment period, on March 3, 2016, in shall further be marked . . . if complying of FMVSS No. 205. Also, there is no the Federal Register (81 FR 11358). No with the requirements of Section 4, possibility that a noncompliant comments were received. To view the Application of Tests, Item 1 with the numeral windshield will be installed on a petition and all supporting documents 1; . . . production vehicle or ordered as a log onto the Federal Docket replacement part since vehicles in V. Summary of Supreme’s Analyses inventory will have compliant Management System (FDMS) Web site at: http://www.regulations.gov/. Then Supreme stated its belief that the windshields before sold or lease, and follow the online search instructions to subject noncompliance is replacement windshields are obtained locate docket number ‘‘NHTSA–2015– inconsequential to motor vehicle safety through Supreme Corporation. 0126.’’ for the following reasons: NHTSA’s Decision: In consideration (1) Supreme stated that the subject II. Buses Involved of the foregoing analysis, NHTSA has windshields meet all performance and other requirements of FMVSS No. 205 decided that Supreme has met its Affected are approximately 21 MY 2015–2016 Supreme Classic American with the exception of the subject burden of demonstrating that the Trolley buses manufactured between noncompliance. FMVSS No. 205 noncompliance is October 1, 2014 and November 2, 2015. (2) Supreme stated its belief that inconsequential to motor vehicle safety. repair services for the subject Accordingly, Supreme’s petition is III. Noncompliance windshields will not be affected because hereby granted and Supreme is Supreme explains that the replacement windshields are typically exempted from the obligation of noncompliance is that the windshields obtained through Supreme distributors providing notification of, and a remedy on the subject Trolleys do not contain who have the correct and compliant for, the subject noncompliance under 49 the ‘‘AS1’’ markings as required by replacement glazing. U.S.C. 30118 and 30120. paragraph S6 of FMVSS No. 205. (3) Supreme also stated that they have NHTSA notes that the statutory not received any consumer complaints, IV. Rule Text provisions (49 U.S.C. 30118(d) and claims, or warranty claims related to Paragraph S6 of FMVSS No. 205 30120(h)) that permit manufacturers to this noncompliance. requires in pertinent part: (4) Supreme additionally made file petitions for a determination of mention of similar inconsequential inconsequentiality allow NHTSA to S6. Certification and marking. S6.1 A prime glazing material noncompliance petitions that were exempt manufacturers only from the manufacturer, must certify, in accordance granted by the agency relating duties found in sections 30118 and with 49 U.S.C. 30115, each piece of glazing noncompliances that Supreme believes 30120, respectively, to notify owners, material to which this standard applies that are similar to the subject FMVSS No. purchasers, and dealers of a defect or is designed— 205 noncompliance. noncompliance and to remedy the (a) As a component of any specific motor Supreme has informed NHTSA that defect or noncompliance. Therefore, this vehicle or camper; or (b) To be cut into components for use in for all affected vehicles that remain in decision only applies to the subject motor vehicles or items of motor vehicle Supreme’s inventory and the inventory buses that Supreme no longer controlled equipment. of Supreme’s distributors, permanent at the time it determined that the S6.2 A prime glazing manufacturer markings in compliance with FMVSS noncompliance existed. However, the certifies its glazing by adding to the marks No. 205 will be added to the vehicle granting of this petition does not relieve required by section 7 of ANSI/SAE Z26.1– windshields before delivery under a sale equipment distributors and dealers of 1996, in letters and numerals of the same or lease. size, the symbol ‘‘DOT’’ and a manufacturer’s the prohibitions on the sale, offer for In summation, Supreme believes that sale, or introduction or delivery for code mark that NHTSA assigns to the the described noncompliance of the introduction into interstate commerce of manufacturer. NHTSA will assign a code mark to a manufacturer after the subject windshields is inconsequential the noncompliant buses under their manufacturer submits a written request to the to motor vehicle safety, and that its control after Supreme notified them that Office of Vehicle Safety Compliance, petition, to exempt Supreme from providing recall notification of the subject noncompliance existed. National Highway Traffic Safety Administration, 400 Seventh Street SW., noncompliance as required by 49 U.S.C. Authority: (49 U.S.C. 30118, 30120: Washington, DC 20590. The request must 30118 and remedying the recall delegations of authority at 49 CFR 1.95 and include the company name, address, and a noncompliance as required by 49 U.S.C. 501.8). statement from the manufacturer certifying 30120 should be granted. its status as a prime glazing manufacturer as Jeffrey M. Giuseppe, NHTSA’s Analysis: The petition defined in S4. . . . Director, Office of Vehicle Safety Compliance. pertains to a population of asabaliauskas on DSK3SPTVN1PROD with NOTICES In addition, paragraph S5.1 of FMVSS approximately 21 model year 2015 and [FR Doc. 2016–25509 Filed 10–20–16; 8:45 am] No. 205 incorporates by reference ANSI 2016 ‘‘Classic American Trolley’’ BILLING CODE 4910–59–P Z26.1–1996 and other industry vehicles, built by Supreme Corporation, standards. Specifically, Section 7 that do not have the required ‘‘AS1’’ (Marking of Safety Glazing Materials) of marking on their windshields. NHTSA ANSI Z26.1–1996 requires that: has reviewed Supreme Corporation’s In addition to any other markings required arguments and has decided that the by law, ordinance, or regulation, all safety subject FMVSS No. 205 noncompliance VerDate Sep<11>2014 19:06 Oct 20, 2016 Jkt 241001 PO 00000 Frm 00082 Fmt 4703 Sfmt 9990 E:\FR\FM\21OCN1.SGM 21OCN1


Document Created: 2018-02-13 16:36:26
Document Modified: 2018-02-13 16:36:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGrant of petition.
FR Citation81 FR 72850 
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