82 FR 17520 - Spartan Motors USA, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 68 (April 11, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 68 (April 11, 2017)
| Page Range | 17520-17521 | |
| FR Document | 2017-07166 |
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)] [Notices] [Pages 17520-17521] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07166] [[Page 17520]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2016-0141; Notice 1] Spartan Motors USA, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. ----------------------------------------------------------------------- SUMMARY: Spartan Motors USA, Inc. (Spartan), has determined that certain model year (MY) 2017 Spartan Emergency Response Metro Star motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims and motor home/ recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds). Spartan filed a noncompliance information report dated December 6, 2016. Spartan also petitioned NHTSA on January 4, 2017, 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 May 11, 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 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). SUPPLEMENTARY INFORMATION: I. Overview: Spartan Motors USA, Inc. (Spartan), has determined that certain model year (MY) 2017 Spartan Emergency Response Metro Star motor vehicles do not fully comply with paragraph S5.2(b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds). Spartan filed a noncompliance report dated December 6, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Spartan also petitioned NHTSA on January 4, 2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 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 Spartan'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. Vehicles Involved: Approximately 19 MY 2017 Spartan Emergency Response Metro Star motor vehicles manufactured between September 6, 2016, and October 24, 2016, are potentially involved. III. Noncompliance: Spartan explains that the noncompliance is that the wheels on the subject vehicles incorrectly identify the rim size as 24.5'' x 8.25'' instead of 22.5'' x 8.25'', and therefore do not meet the requirements of paragraph S5.2(b) of FMVSS No. 120. IV. Rule Text: paragraph S5.2 of FMVSS No. 120 states: S5.2 Rim marking. Each rim or, at the option of the manufacturer in the case of a single-piece wheel, wheel disc shall be marked with the information listed in paragraphs (a) through (e) of this paragraph, in lettering not less than 3 millimeters high, impressed to a depth or, at the option of the manufacturer, embossed to a height of not less than 0.125 millimeters. . . (b) The rim size designation, and in case of multipiece rims, the rim type designation. For example: 20 x 5.50, or 20 x 5.5. V. Summary of Spartan's Petition: Spartan 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, Spartan provided the following: Chassis cabs affected by this condition are manufactured in two or more stages. While in general, Spartan is the incomplete vehicle manufacturer, in this case, Spartan provides a label that contains the requirements identified in 49 CFR 567.5(a)(2)(iv), which states that a label must be affixed to an incomplete vehicle that contains the ``GROSS AXLE WEIGHT RATING'' or ``GVWR'', followed by the appropriate value in kilograms and (pounds) for each axle, identified in order from front to rear (e.g., front, first intermediate, second intermediate, rear). The ratings for any consecutive axles having identical gross axle weight ratings when equipped with tires having the same tire size designation may be stated as a single value, with the label indicating to which axles the ratings apply. Similar information must be included in the incomplete vehicle document or IVD that must be furnished by the incomplete vehicle manufacturer, as required by 49 CFR 568.4(a)(5). While the actual wheel stamping may be 24.5, the physical size (outside diameter) is 22.5. If a service provider were to reference the rim size of the incorrectly stamped rim, and attempt to [[Page 17521]] install a tire with an inside diameter of 24.5, it would be too large for the 22.5 size rim and thus not fit. Given the label being provided and the construction details sheet provided in accordance with NFPA[supreg] 1901 Standard for Automotive Fire Apparatus 2016 edition, Spartan believes the noncompliance is inconsequential as it relates to motor vehicle safety, and requests that their 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. To view Spartan's petition analyses in its entirety you can visit https://www.regulations.gov by following the online instructions for accessing the dockets and by using the docket ID number for this petition shown in the heading of this notice. 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 vehicles that Spartan no longer controlled at the time it determined that the noncompliance existed. However, any decision on 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 vehicles under their control after Spartan 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. 2017-07166 Filed 4-10-17; 8:45 am] BILLING CODE 4910-59-P
![17520 Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices
DEPARTMENT OF TRANSPORTATION attachments to the comments. If 30118 and 30120 and does not represent
comments are submitted in hard copy any agency decision or other exercise of
National Highway Traffic Safety form, please ensure that two copies are judgment concerning the merits of the
Administration provided. If you wish to receive petition.
confirmation that comments you have II. Vehicles Involved: Approximately
[Docket No. NHTSA–2016–0141; Notice 1]
submitted by mail were received, please 19 MY 2017 Spartan Emergency
Spartan Motors USA, Inc., Receipt of enclose a stamped, self-addressed Response Metro Star motor vehicles
Petition for Decision of postcard with the comments. Note that manufactured between September 6,
Inconsequential Noncompliance all comments received will be posted 2016, and October 24, 2016, are
without change to https:// potentially involved.
AGENCY: National Highway Traffic www.regulations.gov, including any III. Noncompliance: Spartan explains
Safety Administration (NHTSA), personal information provided. that the noncompliance is that the
Department of Transportation (DOT). All comments and supporting wheels on the subject vehicles
ACTION: Receipt of petition. materials received before the close of incorrectly identify the rim size as 24.5″
business on the closing date indicated x 8.25″ instead of 22.5″ x 8.25″, and
SUMMARY: Spartan Motors USA, Inc. above will be filed in the docket and therefore do not meet the requirements
(Spartan), has determined that certain will be considered. All comments and of paragraph S5.2(b) of FMVSS No. 120.
model year (MY) 2017 Spartan supporting materials received after the IV. Rule Text: paragraph S5.2 of
Emergency Response Metro Star motor closing date will also be filed and will FMVSS No. 120 states:
vehicles do not fully comply with be considered to the fullest extent S5.2 Rim marking. Each rim or, at the
Federal Motor Vehicle Safety Standard possible. option of the manufacturer in the case of a
(FMVSS) No. 120, Tire selection and When the petition is granted or single-piece wheel, wheel disc shall be
rims and motor home/recreation vehicle denied, notice of the decision will also marked with the information listed in
trailer load carrying capacity be published in the Federal Register paragraphs (a) through (e) of this paragraph,
information for motor vehicles with a in lettering not less than 3 millimeters high,
pursuant to the authority indicated at
GVWR of more than 4,536 kilograms impressed to a depth or, at the option of the
the end of this notice. manufacturer, embossed to a height of not
(10,000 pounds). Spartan filed a All comments, background less than 0.125 millimeters. . .
noncompliance information report documentation, and supporting (b) The rim size designation, and in case
dated December 6, 2016. Spartan also materials submitted to the docket may of multipiece rims, the rim type designation.
petitioned NHTSA on January 4, 2017, be viewed by anyone at the address and For example: 20 x 5.50, or 20 x 5.5.
for a decision that the subject times given above. The documents may V. Summary of Spartan’s Petition:
noncompliance is inconsequential as it also be viewed on the Internet at https:// Spartan described the subject
relates to motor vehicle safety. www.regulations.gov by following the noncompliance and stated its belief that
DATES: The closing date for comments online instructions for accessing the the noncompliance is inconsequential
on the petition is May 11, 2017. dockets. The docket ID number for this as it relates to motor vehicle safety.
ADDRESSES: Interested persons are petition is shown in the heading of this In support of its petition, Spartan
invited to submit written data, views, notice. provided the following: Chassis cabs
and arguments on this petition. DOT’s complete Privacy Act affected by this condition are
Comments must refer to the docket and Statement is available for review in a manufactured in two or more stages.
notice number cited in the title of this Federal Register notice published on While in general, Spartan is the
notice and submitted by any of the April 11, 2000, (65 FR 19477–78). incomplete vehicle manufacturer, in
following methods: SUPPLEMENTARY INFORMATION: this case, Spartan provides a label that
• Mail: Send comments by mail I. Overview: Spartan Motors USA, Inc. contains the requirements identified in
addressed to U.S. Department of (Spartan), has determined that certain 49 CFR 567.5(a)(2)(iv), which states that
Transportation, Docket Operations, M– model year (MY) 2017 Spartan a label must be affixed to an incomplete
30, West Building Ground Floor, Room Emergency Response Metro Star motor vehicle that contains the ‘‘GROSS AXLE
W12–140, 1200 New Jersey Avenue SE., vehicles do not fully comply with WEIGHT RATING’’ or ‘‘GVWR’’,
Washington, DC 20590. paragraph S5.2(b) of Federal Motor followed by the appropriate value in
• Hand Delivery: Deliver comments Vehicle Safety Standard (FMVSS) No. kilograms and (pounds) for each axle,
by hand to U.S. Department of 120, Tire selection and rims and motor identified in order from front to rear
Transportation, Docket Operations, M– home/recreation vehicle trailer load (e.g., front, first intermediate, second
30, West Building Ground Floor, Room carrying capacity information for motor intermediate, rear). The ratings for any
W12–140, 1200 New Jersey Avenue SE., vehicles with a GVWR of more than consecutive axles having identical gross
Washington, DC 20590. The Docket 4,536 kilograms (10,000 pounds). axle weight ratings when equipped with
Section is open on weekdays from 10 Spartan filed a noncompliance report tires having the same tire size
a.m. to 5 p.m. except Federal Holidays. dated December 6, 2016, pursuant to 49 designation may be stated as a single
• Electronically: Submit comments CFR part 573, Defect and value, with the label indicating to which
electronically by logging onto the Noncompliance Responsibility and axles the ratings apply. Similar
Federal Docket Management System Reports. Spartan also petitioned NHTSA information must be included in the
(FDMS) Web site at https:// on January 4, 2017, pursuant to 49 incomplete vehicle document or IVD
www.regulations.gov/. Follow the online U.S.C. 30118(d) and 30120(h) and 49 that must be furnished by the
srobinson on DSK5SPTVN1PROD with NOTICES
instructions for submitting comments. CFR part 556, for an exemption from the incomplete vehicle manufacturer, as
• Comments may also be faxed to notification and remedy requirements of required by 49 CFR 568.4(a)(5).
(202) 493–2251. 49 U.S.C. Chapter 301 on the basis that While the actual wheel stamping may
Comments must be written in the this noncompliance is inconsequential be 24.5, the physical size (outside
English language, and be no greater than as it relates to motor vehicle safety. diameter) is 22.5. If a service provider
15 pages in length, although there is no This notice of receipt of Spartan’s were to reference the rim size of the
limit to the length of necessary petition is published under 49 U.S.C. incorrectly stamped rim, and attempt to
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![Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices 17521
install a tire with an inside diameter of Committee will be conducted. The Center Improvements Project Committee
24.5, it would be too large for the 22.5 Taxpayer Advocacy Panel is soliciting will be held Tuesday, May 16, 2017, at
size rim and thus not fit. Given the label public comments, ideas, and 3:00 p.m. Eastern Time. The public is
being provided and the construction suggestions on improving customer invited to make oral comments or
details sheet provided in accordance service at the Internal Revenue Service. submit written statements for
with NFPA® 1901 Standard for DATES: The meeting will be held consideration. Due to limited
Automotive Fire Apparatus 2016 Wednesday, May 31, 2017. conference lines, notification of intent
edition, Spartan believes the FOR FURTHER INFORMATION CONTACT: to participate must be made with Lisa
noncompliance is inconsequential as it Gretchen Swayzer at 1–888–912–1227 Billups. For more information please
relates to motor vehicle safety, and or 469–801–0769. contact Lisa Billups at 1–888–912–1227
requests that their petition to be or 214–413–6523, or write TAP Office
SUPPLEMENTARY INFORMATION: Notice is
exempted from providing notification of 1114 Commerce Street, Dallas, TX
hereby given pursuant to Section
the noncompliance, as required by 49 75242–1021, or post comments to the
10(a)(2) of the Federal Advisory
U.S.C. 30118, and a remedy for the Web site: http://www.improveirs.org.
Committee Act, 5 U.S.C. App. (1988)
noncompliance, as required by 49 The committee will be discussing
that an open meeting of the Taxpayer
U.S.C. 30120, should be granted. various issues related to the Taxpayer
To view Spartan’s petition analyses in Advocacy Panel Joint Committee will be
held Wednesday, May 31, 2017, at 1:00 Assistance Centers and public input is
its entirety you can visit https:// welcomed.
www.regulations.gov by following the p.m. Eastern Time via teleconference.
online instructions for accessing the The public is invited to make oral Dated: April 4, 2017.
dockets and by using the docket ID comments or submit written statements Kevin Brown,
number for this petition shown in the for consideration. For more information Acting Director, Taxpayer Advocacy Panel.
heading of this notice. please contact: Gretchen Swayzer at 1– [FR Doc. 2017–07198 Filed 4–10–17; 8:45 am]
NHTSA notes that the statutory 888–912–1227 or 469–801–0769, TAP
BILLING CODE 4830–01–P
provisions (49 U.S.C. 30118(d) and Office, 4050 Alpha Rd, Farmers Branch,
30120(h)) that permit manufacturers to TX 75244, or contact us at the Web site:
file petitions for a determination of http://www.improveirs.org. DEPARTMENT OF THE TREASURY
inconsequentiality allow NHTSA to The agenda will include various
exempt manufacturers only from the committee issues for submission to the Internal Revenue Service
duties found in sections 30118 and IRS and other TAP related topics. Public
30120, respectively, to notify owners, input is welcomed. Publication of Nonconventional Source
purchasers, and dealers of a defect or Dated: April 4, 2017. Production Credit Reference Price for
noncompliance and to remedy the Calendar Year 2016
Kevin Brown,
defect or noncompliance. Therefore, any Acting Director, Taxpayer Advocacy Panel. AGENCY: Internal Revenue Service (IRS),
decision on this petition only applies to [FR Doc. 2017–07201 Filed 4–10–17; 8:45 am] Treasury.
the subject vehicles that Spartan no
BILLING CODE 4830–01–P
longer controlled at the time it ACTION: Notice.
determined that the noncompliance
existed. However, any decision on this SUMMARY: Publication of the reference
DEPARTMENT OF THE TREASURY price for the nonconventional source
petition does not relieve vehicle
distributors and dealers of the Internal Revenue Service production credit for calendar year
prohibitions on the sale, offer for sale, 2016.
or introduction or delivery for Open Meeting of the Taxpayer FOR FURTHER INFORMATION CONTACT:
introduction into interstate commerce of Advocacy Panel Taxpayer Assistance Martha Garcia, CC:PSI:6, Internal
the noncompliant vehicles under their Center Improvements Project Revenue Service, 1111 Constitution
control after Spartan notified them that Committee Avenue NW., Washington, DC 20224,
the subject noncompliance existed. Telephone Number (202) 317–6853 (not
AGENCY: Internal Revenue Service (IRS),
Authority: (49 U.S.C. 30118, 30120: Treasury. a toll-free number).
delegations of authority at 49 CFR 1.95 and SUPPLEMENTARY INFORMATION: The credit
ACTION: Notice of meeting.
501.8).
period for nonconventional source
Jeffrey M. Giuseppe, SUMMARY: The Taxpayer Advocacy production credit ended on December
Director, Office of Vehicle Safety Compliance. Panel Taxpayer Assistance Center 31, 2013 for facilities producing coke or
[FR Doc. 2017–07166 Filed 4–10–17; 8:45 am]
Improvements Project Committee will coke gas (other than from petroleum
conduct an open meeting and will based products). However, the reference
BILLING CODE 4910–59–P
solicit public comments, ideas, and price continues to apply in determining
suggestions on improving customer the amount of the enhanced oil recovery
service at the Internal Revenue Service. credit under section 43 of title 26 of the
DEPARTMENT OF THE TREASURY
DATES: The meeting will be held U.S.C. the marginal well production
Internal Revenue Service Tuesday, May 16, 2017. credit under section 45I of title 26 of the
FOR FURTHER INFORMATION CONTACT: Lisa U.S.C., and the percentage depletion in
Open meeting of the Taxpayer Billups at 1–888–912–1227 or (214) case of oil and natural gas produced
srobinson on DSK5SPTVN1PROD with NOTICES
Advocacy Panel Joint Committee 413–6523. from marginal properties under section
AGENCY: Internal Revenue Service (IRS), SUPPLEMENTARY INFORMATION: Notice is 613A of title 26 of the U.S.C.
Treasury. hereby given pursuant to Section The reference price under section
ACTION: Notice of meeting. 10(a)(2) of the Federal Advisory 45K(d)(2)(C) of title 26 of the U.S.C. for
Committee Act, 5 U.S.C. App. (1988) calendar year 2016 applies for purposes
SUMMARY: An open meeting of the that a meeting of the Taxpayer of sections 43, 45I, and 613A for taxable
Taxpayer Advocacy Panel Joint Advocacy Panel Taxpayer Assistance year 2017.
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Document Created: 2017-04-11 00:48:34
Document Modified: 2017-04-11 00:48:34
| 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 11, 2017. | |
| FR Citation | 82 FR 17520 |
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