82 FR 17068 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2014 EMU Camper Trailer 4x4 Extreme Adventure Trailers Are Eligible for Importation
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 66 (April 7, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 66 (April 7, 2017)
| Page Range | 17068-17069 | |
| FR Document | 2017-06950 |
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)] [Notices] [Pages 17068-17069] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06950] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA- 2016-0130; Notice 1] Notice of Receipt of Petition for Decision That Nonconforming Model Year 2014 EMU Camper Trailer 4x4 Extreme Adventure Trailers Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. ----------------------------------------------------------------------- [[Page 17069]] SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that model year (MY) 2014 EMU Camper Trailer 4x4 Extreme Adventure trailers that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS), are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all such standards. DATES: The closing date for comments on the petition is May 8, 2017. 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 be 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 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). FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle Safety Compliance, NHTSA (202-366-5308). SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(B), a motor vehicle, including a trailer, that was not originally manufactured to conform to all applicable FMVSS, and has no substantially similar U.S.-certified counterpart, shall be refused admission into the United States unless NHTSA has decided that the motor vehicle has safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS based on destructive test data or such other evidence as NHTSA decides to be adequate. Petitions for eligibility decisions may be submitted by either manufacturers or importers who have registered with NHTSA pursuant to 49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice in the Federal Register of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then publishes this decision in the Federal Register. G&K Automotive Conversion Inc. (G&K), of Santa Ana, California (Registered Importer R-90-007) has petitioned NHTSA to decide whether nonconforming MY 2014 EMU Camper Trailer 4x4 Extreme Adventure trailers are eligible for importation into the United States. G&K believes these vehicles are capable of being modified to meet all applicable FMVSS. G&K submitted information with its petition intended to demonstrate that MY 2014 EMU Camper Trailer 4x4 Extreme Adventure trailers are capable of being altered to comply with all applicable standards to which they were not originally manufactured to conform. Specifically, the petitioner contends that the nonconforming MY 2014 EMU Camper Trailer 4x4 Extreme Adventure trailers meet or are capable of being altered to meet the following standards, in the manner indicated: Standard No. 108 Lamps, Reflective Devices and Associated Equipment: Installation of the following U.S.-certified components as necessary to meet the requirements of the standard: front and rear side marker lamps, stop lamps, taillamps, turn signal lamps, front clearance lamps, and side and rear mounted reflex reflectors. Standard No. 119 New pneumatic tires for motor vehicles with a GVWR of more than 10,000 pounds: Replacement of any nonconforming tires with tires that conform to the standard. Standard No. 120 Tire Selection and Rims and motor home/recreation vehicle trailer: Installation of the required tire information placard. G&K further states that labels will be affixed to conform to requirements of 49 CFR part 567 Certification. This notice of receipt of G&K petition does not represent any agency decision or other exercise of judgment concerning the merits of the petition. Notice of final action on the petition will be published in the Federal Register pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2017-06950 Filed 4-6-17; 8:45 am] BILLING CODE 4910-59-P
![17068 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices
dual-application positions on Axles 3 specific conditions in which both the noncompliance is inconsequential as it
and 4 as stated by BATO. ‘‘Single’’ and ‘‘Dual’’ loads were marked relates to motor vehicle safety because
2. BATO stated that two tires were on the sidewall of the tire and the the tires are not used on public roads.
sent to a customer using the affected ‘‘Dual’’ loads were within the safety Finally, approximately 90% of the
tires in a single-load application on a factor range associated for similar tires subject tires were sold to the U.S. Army
heavy-duty snowplow and that the of its size. (See Michelin 71 FR 77092; for use on M911 HET military vehicles.
proper maximum loading information Dec. 22, 2006, and Michelin 69 FR In this application, the M911 HET
for single-load is marked on the 62512; October 26, 2004.) technical manual specifies the tire
sidewall of the tire. BATO states that the subject tires inflation pressure to be 85 psi and limits
3. BATO stated that about 10% of the meet or exceed all of the performance the tire loading to 8,125 lbs per tire due
subject tires were sold to customers that requirements of FMVSS No. 119 which to the vehicle’s axle design. BATO
use these tires on private or unpaved were tested and passed at the single tire claims that the subject tires were
roads. These customers are using the load, which is higher and more designed and certified to meet a dual-
tires on logging trailers at forestry sites punishing than that of the dual tire load. load limit of 9,410 lbs at 85 psi, a fact
and on equipment trailers at oil NHTSA does not find this to be a corroborated by the TRA year book, and
exploration sites. In both cases, these compelling argument. NHTSA does not that each tire would have 1,285 lbs of
off-road trailers are operated almost agree that complying to the standard reserve load (nearly 14%). For these
exclusively on unpaved, private roads, when tested in the manufacturer’s single reasons, NHTSA believes that the
and are not considered to be ‘‘motor load specification negates the necessity subject tires have sufficient capacity for
vehicles’’ as defined by the Motor for the tire to be properly marked with the expected loads during usage on the
Vehicle Safety Act. See 49 U.S.C. the correct dual load rating which, M911 HET military vehicles. Based on
30102(a)(6) which defines a ‘‘motor intentionally, is lower than the single the restrictions within the military
vehicle’’ as one that is ‘‘manufactured load rating. The dual load rating is manual, the culture of the military to
primarily for use on public streets, roads necessary to ensure a factor of safety comply with such documentation, and
and highways’’. during on road use conditions involving the high level of maintenance that
BATO added that the subject tires are a dual-load configuration. military vehicles receive, NHTSA
performing extremely well in the field. What NHTSA finds relevant to a further believes that these tires will not
The subject tires have been in the decision of inconsequential be used in an overloaded configuration.
market for up to 17 months noncompliance is that the use of the Therefore, the noncompliance is
(manufactured dates range from April 5, subject tires is restricted to three inconsequential to vehicle safety in this
2015, to March 30, 2016), and there is specific cases: vehicles using the tires instance.
no indication of problems related to only in a single-load configuration; NHTSA’s Decision: In consideration
potential overload. BATO included that Vehicles the agency has determined to
of the foregoing, NHTSA finds that
there have been no claims, lawsuits, be off-road vehicles; and military
BATO has met its burden of persuasion
adjustments, accidents, collisions or vehicles. The analysis of each of these
that in these specific vehicle
losses of control related to the subject scenarios follows:
First, BATO indicated that two of the applications, the FMVSS No. 119
tires. noncompliance is inconsequential to
4. BATO states that NHTSA has subject tires were sold for use on a
heavy-duty snowplow. The heavy-duty motor vehicle safety. Accordingly,
previously granted petitions in which BATO’s petition is hereby granted and
the ‘‘dual’’ maximum load information snowplow that uses these tires uses
them exclusively in a single load BATO is exempted from the obligation
was marked incorrectly on the subject of providing notification of, and remedy
tires. BATO specifically cited Michelin application. The subject tires are
marked properly on the sidewall for for, the noncompliance.
69 FR 62512; October 26, 2004, and
Michelin 71 FR 77092; December 22, single load application and thus an end- Authority: 49 U.S.C. 30118, 30120:
2006. user would be able to load the vehicle delegations of authority at 49 CFR 1.95 and
BATO concluded by expressing the properly. Therefore, NHTSA agrees that 501.8.
belief that the subject noncompliance is in this specific case, the noncompliance Jeffrey M. Giuseppe,
inconsequential as it relates to motor is inconsequential to safety. Director, Office of Vehicle Safety Compliance.
vehicle safety, and that its petition to be Second, approximately 10% of the
[FR Doc. 2017–06952 Filed 4–6–17; 8:45 am]
exempted from providing notification of subject tires are used exclusively for off-
BILLING CODE 4910–59–P
the noncompliance, as required by 49 road forestry logging and oil site
U.S.C. 30118, and a remedy for the exploration. In a letter dated July 25,
noncompliance, as required by 49 2011, NHTSA’s Office of Chief Counsel
DEPARTMENT OF TRANSPORTATION
U.S.C. 30120, should be granted. communicated to the Michigan
Association of Timbermen the National Highway Traffic Safety
NHTSA’s Decision following: ‘‘NHTSA has issued several Administration
NHTSA’s Analysis: NHTSA agrees interpretations of this language. We
that the noncompliance is have stated that vehicles equipped with [Docket No. NHTSA- 2016–0130; Notice 1]
inconsequential to motor vehicle safety. tracks, agricultural equipment, and
However, NHTSA has some reservations other vehicles incapable of highway Notice of Receipt of Petition for
about BATO’s petition. NHTSA’s travel are not motor vehicles. We have Decision That Nonconforming Model
analysis of BATO’s points are described also determined that certain vehicles Year 2014 EMU Camper Trailer 4x4
nlaroche on DSK30NT082PROD with NOTICES
below: designed and sold solely for off-road use Extreme Adventure Trailers Are
BATO asserted that NHTSA has (e.g., airport runway vehicles and Eligible for Importation
previously granted inconsequential underground mining vehicles) are not AGENCY: National Highway Traffic
noncompliance petitions that are similar motor vehicles, even if they may be Safety Administration (NHTSA),
to the subject noncompliance. NHTSA operationally capable of highway Department of Transportation (DOT).
responds that those petitions are not travel.’’ In light of this, NHTSA agrees
ACTION: Receipt of petition.
similar because they are cases involving that in the case of the subject tires, the
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![Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices 17069
SUMMARY: This document announces be considered to the fullest extent G&K submitted information with its
receipt by the National Highway Traffic possible. petition intended to demonstrate that
Safety Administration (NHTSA) of a When the petition is granted or MY 2014 EMU Camper Trailer 4x4
petition for a decision that model year denied, notice of the decision will also Extreme Adventure trailers are capable
(MY) 2014 EMU Camper Trailer 4x4 be published in the Federal Register of being altered to comply with all
Extreme Adventure trailers that were pursuant to the authority indicated at applicable standards to which they were
not originally manufactured to comply the end of this notice. not originally manufactured to conform.
with all applicable Federal motor All comments, background Specifically, the petitioner contends
vehicle safety standards (FMVSS), are documentation, and supporting that the nonconforming MY 2014 EMU
eligible for importation into the United materials submitted to the docket may Camper Trailer 4x4 Extreme Adventure
States because they have safety features be viewed by anyone at the address and trailers meet or are capable of being
that comply with, or are capable of times given above. The documents may altered to meet the following standards,
being altered to comply with, all such also be viewed on the Internet at https:// in the manner indicated:
standards. www.regulations.gov by following the Standard No. 108 Lamps, Reflective
DATES: The closing date for comments online instructions for accessing the Devices and Associated Equipment:
on the petition is May 8, 2017. dockets. The docket ID number for this Installation of the following U.S.-
ADDRESSES: Interested persons are
petition is shown in the heading of this certified components as necessary to
invited to submit written data, views, notice. meet the requirements of the standard:
and arguments on this petition. DOT’s complete Privacy Act front and rear side marker lamps, stop
Comments must refer to the docket and Statement is available for review in a lamps, taillamps, turn signal lamps,
notice number cited in the title of this Federal Register notice published on front clearance lamps, and side and rear
notice and be submitted by any of the April 11, 2000, (65 FR 19477–78). mounted reflex reflectors.
following methods: FOR FURTHER INFORMATION CONTACT: Standard No. 119 New pneumatic
• Mail: Send comments by mail George Stevens, Office of Vehicle Safety tires for motor vehicles with a GVWR of
addressed to U.S. Department of Compliance, NHTSA (202–366–5308). more than 10,000 pounds: Replacement
Transportation, Docket Operations, M– SUPPLEMENTARY INFORMATION:
of any nonconforming tires with tires
30, West Building Ground Floor, Room that conform to the standard.
Background Standard No. 120 Tire Selection and
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Under 49 U.S.C. 30141(a)(1)(B), a Rims and motor home/recreation
• Hand Delivery: Deliver comments motor vehicle, including a trailer, that vehicle trailer: Installation of the
by hand to U.S. Department of was not originally manufactured to required tire information placard.
Transportation, Docket Operations, M– conform to all applicable FMVSS, and G&K further states that labels will be
30, West Building Ground Floor, Room has no substantially similar U.S.- affixed to conform to requirements of 49
W12–140, 1200 New Jersey Avenue SE., certified counterpart, shall be refused CFR part 567 Certification.
Washington, DC 20590. The Docket admission into the United States unless This notice of receipt of G&K petition
Section is open on weekdays from 10 NHTSA has decided that the motor does not represent any agency decision
a.m. to 5 p.m. except Federal Holidays. vehicle has safety features that comply or other exercise of judgment
• Electronically: Submit comments with, or are capable of being altered to concerning the merits of the petition.
electronically by logging onto the comply with, all applicable FMVSS Notice of final action on the petition
Federal Docket Management System based on destructive test data or such will be published in the Federal
(FDMS) Web site at https:// other evidence as NHTSA decides to be Register pursuant to the authority
www.regulations.gov/. Follow the online adequate. indicated below.
instructions for submitting comments. Petitions for eligibility decisions may Authority: 49 U.S.C. 30141(a)(1)(A),
• Comments may also be faxed to be submitted by either manufacturers or (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation
(202) 493–2251. importers who have registered with of authority at 49 CFR 1.95 and 501.8.
Comments must be written in the NHTSA pursuant to 49 CFR part 592. As Jeffrey M. Giuseppe,
English language, and be no greater than specified in 49 CFR 593.7, NHTSA Director, Office of Vehicle Safety Compliance.
15 pages in length, although there is no publishes notice in the Federal Register
[FR Doc. 2017–06950 Filed 4–6–17; 8:45 am]
limit to the length of necessary of each petition that it receives, and
BILLING CODE 4910–59–P
attachments to the comments. If affords interested persons an
comments are submitted in hard copy opportunity to comment on the petition.
form, please ensure that two copies are At the close of the comment period,
DEPARTMENT OF TRANSPORTATION
provided. If you wish to receive NHTSA decides, on the basis of the
confirmation that comments you have petition and any comments that it has National Highway Traffic Safety
submitted by mail were received, please received, whether the vehicle is eligible Administration
enclose a stamped, self-addressed for importation. The agency then
postcard with the comments. Note that publishes this decision in the Federal [Docket No. NHTSA–2017–0011; Notice 1]
all comments received will be posted Register.
Daimler Trucks North America, LLC,
without change to https:// G&K Automotive Conversion Inc.
Receipt of Petition for Decision of
www.regulations.gov, including any (G&K), of Santa Ana, California
Inconsequential Noncompliance
personal information provided. (Registered Importer R–90–007) has
nlaroche on DSK30NT082PROD with NOTICES
All comments and supporting petitioned NHTSA to decide whether AGENCY: National Highway Traffic
materials received before the close of nonconforming MY 2014 EMU Camper Safety Administration (NHTSA),
business on the closing date indicated Trailer 4x4 Extreme Adventure trailers Department of Transportation (DOT).
above will be filed in the docket and are eligible for importation into the ACTION: Receipt of petition.
will be considered. All comments and United States. G&K believes these
supporting materials received after the vehicles are capable of being modified SUMMARY: Daimler Trucks North
closing date will also be filed and will to meet all applicable FMVSS. America, LLC (DTNA), has determined
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Document Created: 2017-04-06 23:49:20
Document Modified: 2017-04-06 23:49:20
| 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 May 8, 2017. | |
| Contact | George Stevens, Office of Vehicle Safety Compliance, NHTSA (202-366-5308). | |
| FR Citation | 82 FR 17068 |
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