81 FR 85323 - Reflex & Allen USA, Incorporated, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 227 (November 25, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 227 (November 25, 2016)
| Page Range | 85323-85325 | |
| FR Document | 2016-28119 |
[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)] [Notices] [Pages 85323-85325] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28119] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2016-0108; Notice 1] Reflex & Allen USA, Incorporated, Receipt of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. ----------------------------------------------------------------------- SUMMARY: Reflex & Allen USA, Incorporated (RAUS), has determined that certain Reflex & Allen air brake tubing products do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake Hoses. RAUS filed a defect report dated September 1, 2016, and amended it on September 13, 2016. RAUS also petitioned NHTSA on September 30, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. DATES: The closing date for comments on the petition is December 27, 2016. 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 submitted by any of the following methods:Mail: Send comments by mail addressed to 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 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 [[Page 85324]] Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting comments. 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 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 Reflex & Allen USA, Incorporated (RAUS), has determined that certain Reflex & Allen air brake tubing products do not fully comply with paragraph S7.2.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake Hoses. RAUS filed a report dated September 1, 2016, and amended it on September 13, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. RAUS also petitioned NHTSA on September 30, 2016, under 49 CFR part 556 for a decision that the subject 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, RAUS 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 as it relates to motor vehicle safety. This notice of receipt of RAUS'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. Hoses Involved Approximately 4,500 Reflex & Allen air brake tubing products manufactured between October 16, 2015 and August 30, 2016 are potentially involved. III. Noncompliance RAUS explains that the noncompliance is that the subject brake hoses are labeled at intervals ranging from 6.5 inches to 11.5 inches, thereby exceeding 6-inch maximum spacing required by paragraph S7.2.1 of FMVSS No. 106. IV. Rule Text Paragraph S7.2.1 of FMVSS No. 106 states: S7.2.1 Hose. Each air brake hose shall be labeled, or cut from bulk hose that is labeled, at intervals of not more than 6 inches, measured from the end of one legend to the beginning of the next, in block capital letters and numerals at least one-eighth of an inch high, with the information listed in paragraphs (a) through (e) of this section. The information need not be present on hose that is sold as part of a brake hose assembly or a motor vehicle. V. Summary of RAUS's Petition RAUS 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, RAUS submitted the following reasoning: (a) RAUS notified NHTSA in a 573 report in early September of 2016 of a potential noncompliance within a population of air brake tubing products. The report was subsequently amended to correct affected part numbers. As described in RAUS's noncompliance notification, the subject air brake tubing is labeled with the complete and correct identifying data, but due to a production error, the labelling appears at intervals that exceed the 6-inch maximum spacing required by the standard. (b) RAUS noted that all of the affected products are labeled in accordance with the requirements of FMVSS No. 106 S7.2.1 with the exception of print legend spacing. (c) These products are sold only to one Original Equipment Manufacturer, Volvo Trucks North America (VTNA), which then paints the complete chassis to include painting over the tubing. All of these products meet all of the applicable performance requirements of FMVSS No. 106. These products perform exactly as designed. The safety of the vehicle is uncompromised. (d) The noncompliant products were produced between October 16, 2015 and August 30, 2016. VTNA first notified RAUS of the noncompliance on August 30, 2016. Immediately on that date, RAUS recalibrated the equipment to ensure compliance on all future tubing products and is conducting initial and secondary quality checks to guarantee compliance prior to shipment to VTNA. VTNA is the only customer that receives this product and is fully aware of the situation. RAUS fully believes that these labeling errors are inconsequential to motor vehicle safety because the tubing is properly identified with all required identifiers and meets the standards in every other way. The only noncompliance is the spacing in which the print legends exceed 6 inch intervals in various measurements ranging from 6.5 inches to 11.5 inches. (e) This noncompliance does not create an unreasonable risk of death or injury in an accident, nor does it create any operational issues or safety concerns regarding the vehicle. The Safety Act allows for exemptions for manufacturers from the Safety Act's notice and remedy requirements particularly when the noncompliance does not create an unreasonable risk of death or injury in an accident. (f) The subject brake tubing was marked correctly with all required identifiers yet the print legends fell beyond the maximum 6 inch intervals. This error is inconsequential to motor vehicle safety. One of the main purposes FMVSS No. 106, S7.2.1 is to identify the manufacturer of the brake tubing in the event of a product recall. If a recall of this air brake tubing were to become necessary in the future, the affected products could still be easily identified by the markings which are conspicuously printed on all of the tubing. (g) There are several examples of NHTSA granting petitions from the reporting and notification requirements based on determinations of inconsequential noncompliance for similar marking/labeling issues [[Page 85325]] including the granting of the Grote Industries LLC petition on January 23, 2015. RAUS concluded by expressing the belief 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 hoses that RAUS no longer controlled at the time it determined that the noncompliance existed. However, any decision on 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 hoses under their control after RAUS 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. 2016-28119 Filed 11-23-16; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices 85323
Request: Reinstatement without maintenance-of-way employees on quality, utility, and clarity of the
change of a previously approved railroad bridges, including for ‘‘bridge information to be collected; and (3)
collection that expired. safety equipment’’ such as nets, ways to minimize the burden of the
Affected Public: Businesses walkways, handrails, and safety lines, collections of information on
(Railroads). along with requirements for using respondents, including the use of
Form(s): N/A. vessels when work is performed on automated collection techniques or
Total Annual Estimated Burden: bridges located over bodies of water. other forms of information technology.
18,750 hours. FRA added 49 CFR part 214 to establish A comment to OMB is best assured of
Total Annual Estimated Responses: minimum workplace safety standards having its full effect if OMB receives it
25,000. for railroad employees performing work within 30 days of publication of this
Status: Regular Review. on railroad bridges. Specifically, 49 CFR notice in the Federal Register.
Title: Grade Crossing Safety. 214.105(c) establishes standards and Authority: 44 U.S.C. 3501–3520.
OMB Control Number: 2130–0534. practices for safety net systems. Safety
Abstract: FRA believes that highway- nets and net installations must be drop- Patrick Warren,
rail grade crossing (grade crossing) tested at the job site after initial Acting Executive Director.
accidents resulting from warning system installation and before being used as a [FR Doc. 2016–28394 Filed 11–23–16; 8:45 am]
failures can be reduced. Accordingly, fall-protection system, after major BILLING CODE 4910–06–P
FRA’s regulations require railroads to repairs, and at 6-month intervals if left
take specific responses in the event of at one site. If a drop-test is not feasible
an activation failure (when a grade and is not performed, then the railroad DEPARTMENT OF TRANSPORTATION
crossing warning system fails to indicate or railroad contractor, or designated
the arrival of a train at least 20 seconds competent person, must certify the net National Highway Traffic Safety
prior to the train’s arrival at the crossing and its installation comply with the Administration
or to indicate the presence of a train provisions of this section by preparing
a certification record prior to the use of [Docket No. NHTSA–2016–0108; Notice 1]
occupying the crossing). Specifically,
railroads must report to FRA every the net. The certification must identify Reflex & Allen USA, Incorporated,
impact between on-track railroad the net, the date it was determined the Receipt of Petition for Decision of
equipment and an automobile, bus, net was in compliance with this section, Inconsequential Noncompliance
truck, motorcycle, bicycle, farm vehicle, and the signature of the person making
or pedestrian at a highway-rail grade this determination. Such person’s AGENCY: National Highway Traffic
crossing involving a crossing warning signature must certify the net and its Safety Administration (NHTSA),
system activation failure. Notification installation comply with this section. Department of Transportation (DOT).
must be provided to the National The most recent certification for each ACTION: Receipt of petition.
Response Center within 24 hours of net installation must be available at the
occurrence at the stipulated toll-free jobsite where the subject net is located. SUMMARY: Reflex & Allen USA,
telephone number. Additionally, FRA and State inspectors use the Incorporated (RAUS), has determined
railroads must report to FRA within 15 information to enforce Federal that certain Reflex & Allen air brake
days each activation failure of a regulations. The information maintained tubing products do not fully comply
highway-rail grade warning system. at the job site promotes safe bridge with Federal Motor Vehicle Safety
Form FRA F 6180.83, ‘‘Highway-Rail worker practices. Standard (FMVSS) No. 106, Brake
Grade Crossing Warning System Type of Request: Extension without Hoses. RAUS filed a defect report dated
Report,’’ must be used for this purpose change of a currently approved September 1, 2016, and amended it on
and completed using the instructions information collection. September 13, 2016. RAUS also
printed on the form. With this Affected Public: Businesses petitioned NHTSA on September 30,
information, FRA can correlate accident (Railroads). 2016, for a decision that the subject
Form(s): N/A. noncompliance is inconsequential as it
data and equipment malfunctions with Total Annual Estimated Burden: 1
the types of circuits and age of relates to motor vehicle safety.
hour.
equipment. FRA can then identify the DATES: The closing date for comments
Total Annual Estimated Responses: 6.
causes of activation malfunctions and Status: Regular Review. on the petition is December 27, 2016.
investigate them to determine whether Addressee: Send comments regarding ADDRESSES: Interested persons are
periodic maintenance, inspection, and these information collections to the invited to submit written data, views,
testing standards are effective. Office of Information and Regulatory and arguments on this petition.
Type of Request: Reinstatement with Affairs, Office of Management and Comments must refer to the docket and
change of a previously approved Budget, 725 Seventeenth Street NW., notice number cited in the title of this
collection that expired. Washington, DC 20503, Attention: FRA notice and submitted by any of the
Affected Public: Businesses Desk Officer. Comments may also be following methods:
(Railroads). sent via email to OMB at the following • Mail: Send comments by mail
Form(s): N/A. address: oira_submissions@ addressed to U.S. Department of
Total Annual Estimated Burden: omb.eop.gov. Transportation, Docket Operations, M–
3,425 hours. Comments are invited on the 30, West Building Ground Floor, Room
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Total Annual Estimated Responses: following: Whether the proposed W12–140, 1200 New Jersey Avenue SE.,
15,372. collections of information are necessary Washington, DC 20590.
Status: Regular Review. for DOT to properly perform its • Hand Delivery: Deliver comments
Title: Bridge Worker Safety Rules. functions, including: (1) Whether the by hand to U.S. Department of
OMB Control Number: 2130–0535. information will have practical utility; Transportation, Docket Operations, M–
Abstract: Under 49 U.S.C. 20139, FRA the accuracy of DOT’s estimates of the 30, West Building Ground Floor, Room
must issue rules, regulations, orders, burden of the proposed information W12–140, 1200 New Jersey Avenue SE.,
and standards for the safety of collections; (2) ways to enhance the Washington, DC 20590. The Docket
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![Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices 85325
including the granting of the Grote Authority: 49 U.S.C. 30118, 30120: DATES: Comments must be received on
Industries LLC petition on January 23, delegations of authority at 49 CFR 1.95 and or before December 27, 2016.
501.8.
2015. ADDRESSES: Record Center, Pipeline and
RAUS concluded by expressing the Jeffrey M. Giuseppe, Hazardous Materials Safety
belief that the subject noncompliance is Director, Office of Vehicle Safety Compliance. Administration, U.S. Department of
inconsequential as it relates to motor [FR Doc. 2016–28119 Filed 11–23–16; 8:45 am] Transportation, Washington, DC 20590.
vehicle safety, and that its petition to be BILLING CODE 4910–59–P Comments should refer to the
exempted from providing notification of application number and be submitted in
the noncompliance, as required by 49 triplicate. If confirmation of receipt of
U.S.C. 30118, and a remedy for the DEPARTMENT OF TRANSPORTATION comments is desired, include a self-
addressed stamped postcard showing
noncompliance, as required by 49 Pipeline and Hazardous Materials the special permit number.
U.S.C. 30120, should be granted. Safety Administration FOR FURTHER INFORMATION CONTACT:
NHTSA notes that the statutory Ryan Paquet, Director, Office of
provisions (49 U.S.C. 30118(d) and Hazardous Materials: Notice of
Applications for Special Permits Hazardous Materials Approvals and
30120(h)) that permit manufacturers to Permits Division, Pipeline and
file petitions for a determination of AGENCY: Pipeline and Hazardous Hazardous Materials Safety
inconsequentiality allow NHTSA to Materials Safety Administration Administration, U.S. Department of
exempt manufacturers only from the (PHMSA), DOT. Transportation, East Building, PHH–30,
duties found in sections 30118 and ACTION: List of applications delayed 1200 New Jersey Avenue Southeast,
30120, respectively, to notify owners, more than 180 days. Washington, DC 20590–0001, (202) 366–
purchasers, and dealers of a defect or 4535.
noncompliance and to remedy the SUMMARY: In accordance with the
procedures governing the application SUPPLEMENTARY INFORMATION: Copies of
defect or noncompliance. Therefore, any the applications are available for
for, and the processing of, special
decision on this petition only applies to inspection in the Records Center, East
permits from the Department of
the subject hoses that RAUS no longer Transportation’s Hazardous Material Building, PHH–30, 1200 New Jersey
controlled at the time it determined that Regulations (49 CFR part 107, subpart Avenue Southeast, Washington, DC or at
the noncompliance existed. However, B), notice is hereby given that the Office http://regulations.gov.
any decision on this petition does not of Hazardous Materials Safety has This notice of receipt of applications
relieve equipment distributors and received the application described for special permit is published in
dealers of the prohibitions on the sale, herein. Each mode of transportation for accordance with Part 107 of the Federal
offer for sale, or introduction or delivery which a particular special permit is hazardous materials transportation law
for introduction into interstate requested is indicated by a number in (49 U.S.C. 5117(b); 49 CFR 1.53(b)).
commerce of the noncompliant hoses the ‘‘Nature of Application’’ portion of Issued in Washington, DC, on November 2,
under their control after RAUS notified the table below as follows: 1—Motor 2016.
them that the subject noncompliance vehicle, 2—Rail freight, 3—Cargo vessel, Donald Burger,
existed. 4—Cargo aircraft only, 5—Passenger- Chief, Office of the Special Permits and
carrying aircraft. Approvals.
SPECIAL PERMITS DATA
Application No. Docket No. Applicant Regulation(s) affected Nature of the special permits thereof
8451–R .............. ........................... Capco, Inc ...................... 172.320, 173.54(a), To authorize the transportation in commerce of not
173.54(j), 173.56(b), more than 25 grams of solid explosive or pyro-
173.57, 173.58, 173.60. technic material, including waste containing ex-
plosives that has energy density not significantly
greater than that of pentaerythritol tetranitrate,
classed as Division 1.4E, when packed in a
special shipping container.
11180–M ........... ........................... Affival Inc ........................ 173.24(c) ........................ To modify the special permit to authorize metal
tubes with a decreased diameter and an in-
creased length to be authorized under the spe-
cial permit.
12412–P ............ ........................... Delmarva Custom Appli- 177.834(h), 172.203(a), To authorize the discharge of liquid hazardous
cators LLC. 172.302(c). materials from certain UN intermediate Bulk
Containers (IBCs) and DOT Specification 57
portable tanks without removing them from the
vehicle on which they are transported.
12412–R ............ ........................... Enova Solutions, Inc ...... 177.834(h), 172,203(a), To consolidate the exemptions that currently au-
172.302(c). thorize the discharge of hazardous materials in
asabaliauskas on DSK3SPTVN1PROD with NOTICES
UN intermediate Bulk Containers (IBC) without
removing the IBC from the motor vehicle on
which it is transported.
12412–R ............ ........................... Green Touch Systems, 177.834(h), 172.203(a), To consolidate the exemptions that currently au-
LLC. 172.302(c). thorize the discharge of hazardous materials on
UN Intermediate Bulk Containers (IBC) without
removing the IBC from the motor vehicle on
which it is transported.
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Document Created: 2016-11-23 23:18:33
Document Modified: 2016-11-23 23:18:33
| 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 | Receipt of petition. | |
| Dates | The closing date for comments on the petition is December 27, 2016. | |
| FR Citation | 81 FR 85323 |
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