82_FR_28856 82 FR 28736 - Spartan Motors USA, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

82 FR 28736 - Spartan Motors USA, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 120 (June 23, 2017)

Page Range28736-28737
FR Document2017-13083

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.

Federal Register, Volume 82 Issue 120 (Friday, June 23, 2017) 
[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Notices]
[Pages 28736-28737]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13083]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0141; Notice 2]


Spartan Motors USA, Inc., Grant of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Grant of petition.

-----------------------------------------------------------------------

SUMMARY: 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.

ADDRESSES: For further information on this decision contact Kerrin 
Bressant, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-1110, 
facsimile (202) 366-5930.

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.
    Notice of receipt of the petition was published, with a 30-day 
public comment period on April 11, 2017, in the Federal Register (82 FR 
17520). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web page at: http://www.regulations.gov/. Then follow the online 
search instruction to locate docket number ``NHTSA-2016-0141.''
    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 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

[[Page 28737]]

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.
    No comments were received during the receipt notice comment period.

NHTSA Decision

    NHTSA Analysis: Spartan Motors USA, Inc. (Spartan) explained that 
as many as 19 emergency response chassis cabs may be equipped with rims 
that were inadvertently stamped with a 24.5 inch diameter x 8.25 inch 
width marking instead of 22.5 inch diameter x 8.25 inch width marking 
which is the actual size of the rim. Further, while the actual diameter 
rim stamping may be 24.5 inches, the physical size (outside diameter) 
is actually 22.5 inches. If a service provider were to reference the 
stamped rim size and attempted to install a tire with an inside 
diameter of 24.5 inches, the tire inside diameter would be too large 
for the rim diameter and the two could not be fitted together.
    In this case, the agency agrees that the noncompliance is 
inconsequential to motor vehicle safety. As stated by Spartan, if a 
service provider tried to mount a 24.5 diameter tire on a 22.5 diameter 
rim it would be unsuccessful. The inability to mount the incorrect tire 
on the rim precludes one's ability to actually drive with an incorrect 
tire-rim combination on public roadways. Furthermore, FMVSS No. 120 
paragraph S5.3 requires vehicles be labeled with proper tire/rim size 
combinations. This additional information is available to assist the 
vehicle operator with tire/rim size information.
    NHTSA's Decision: In consideration of the foregoing, NHTSA has 
decided that the petitioner has met its burden of persuasion that the 
noncompliance at issue is inconsequential to motor vehicle safety. 
Accordingly, Spartan's petition is hereby granted, and the petitioner 
is exempted from the obligation of providing notification of, and a 
remedy for, the noncompliance.
    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 motorcycles that Spartan no longer 
controlled at the time it determined that the noncompliance existed. 
However, the granting of this petition does not relieve vehicle 
distributors and dealers of the prohibitions on the sale, offer for 
sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant 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. 2017-13083 Filed 6-22-17; 8:45 am]
 BILLING CODE 4910-59-P

28736 Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Notices in order to determine if an equal or SUMMARY: Spartan Motors USA, Inc. III. Noncompliance: Spartan explains greater level of safety is likely to be (Spartan), has determined that certain that the noncompliance is that the achieved by permitting each of the model year (MY) 2017 Spartan wheels on the subject vehicles applicants to drive in interstate Emergency Response Metro Star motor incorrectly identify the rim size as 24.5″ commerce as opposed to restricting him vehicles do not fully comply with x 8.25″ instead of 22.5″ x 8.25″, and or her to driving in intrastate commerce. Federal Motor Vehicle Safety Standard therefore do not meet the requirements The Agency completed this evaluation (FMVSS) No. 120, Tire selection and of paragraph S5.2(b) of FMVSS No. 120. for each of the 10 applicants listed in rims and motor home/recreation vehicle IV. Rule Text: paragraph S5.2 of this notice and determined that an trailer load carrying capacity FMVSS No. 120 states: equivalent or greater level of safety is information for motor vehicles with a S5.2 Rim marking. Each rim or, at the likely to be achieved by granting the GVWR of more than 4,536 kilograms option of the manufacturer in the case exemptions as would be without the (10,000 pounds). Spartan filed a of a single-piece wheel, wheel disc shall exemptions. noncompliance information report be marked with the information listed in dated December 6, 2016. Spartan also paragraphs (a) through (e) of this IV. Conclusion paragraph, in lettering not less than 3 petitioned NHTSA on January 4, 2017, Based upon its evaluation of the 10 for a decision that the subject millimeters high, impressed to a depth exemption applications, FMCSA noncompliance is inconsequential as it or, at the option of the manufacturer, exempts the following drivers from the relates to motor vehicle safety. embossed to a height of not less than vision requirement in 49 CFR ADDRESSES: For further information on 0.125 millimeters . . . 391.41(b)(10): (b) The rim size designation, and in this decision contact Kerrin Bressant, case of multipiece rims, the rim type Russel R. Dixon (VA) Office of Vehicle Safety Compliance, the designation. For example: 20 x 5.50, or Robert A. Fasset (MI) National Highway Traffic Safety 20 x 5.5. William M. Hanes (OH) Administration (NHTSA), telephone V. Summary of Spartan’s Petition: Ryan P. Lambert (UT) (202) 366–1110, facsimile (202) 366– Spartan described the subject Richard D. Patterson (TN) 5930. noncompliance and stated its belief that Jonathan W. Pryor (OK) SUPPLEMENTARY INFORMATION: the noncompliance is inconsequential Ernesto Silva (NM) I. Overview: Spartan Motors USA, Inc. as it relates to motor vehicle safety. Dennis L. Spence (WA) (Spartan), has determined that certain In support of its petition, Spartan Gordon R. Ulm (OH) model year (MY) 2017 Spartan provided the following: Chassis cabs Gary L. Warner (VA) Emergency Response Metro Star motor affected by this condition are In accordance with 49 U.S.C. 31136(e) vehicles do not fully comply with manufactured in two or more stages. and 31315, each exemption will be valid paragraph S5.2(b) of Federal Motor While in general, Spartan is the for 2 years unless revoked earlier by Vehicle Safety Standard (FMVSS) No. incomplete vehicle manufacturer, in FMCSA. The exemption will be revoked 120, Tire selection and rims and motor this case, Spartan provides a label that if: (1) The person fails to comply with home/recreation vehicle trailer load contains the requirements identified in the terms and conditions of the carrying capacity information for motor 49 CFR 567.5(a)(2)(iv), which states that exemption; (2) the exemption has vehicles with a GVWR of more than a label must be affixed to an incomplete resulted in a lower level of safety than 4,536 kilograms (10,000 pounds). vehicle that contains the ‘‘GROSS AXLE was maintained before it was granted; or Spartan filed a noncompliance report WEIGHT RATING’’ or ‘‘GVWR’’, (3) continuation of the exemption would dated December 6, 2016, pursuant to 49 followed by the appropriate value in not be consistent with the goals and CFR part 573, Defect and kilograms and (pounds) for each axle, objectives of 49 U.S.C. 31136 and 31315. Noncompliance Responsibility and identified in order from front to rear If the exemption is still effective at the Reports. Spartan also petitioned NHTSA (e.g., front, first intermediate, second end of the 2-year period, the person may on January 4, 2017, pursuant to 49 intermediate, rear). The ratings for any apply to FMCSA for a renewal under U.S.C. 30118(d) and 30120(h) and 49 consecutive axles having identical gross procedures in effect at that time. CFR part 556, for an exemption from the axle weight ratings when equipped with Issued on: June 14, 2017. notification and remedy requirements of tires having the same tire size Larry W. Minor, 49 U.S.C. Chapter 301 on the basis that designation may be stated as a single this noncompliance is inconsequential value, with the label indicating to which Associate Administrator for Policy. as it relates to motor vehicle safety. axles the ratings apply. Similar [FR Doc. 2017–13128 Filed 6–22–17; 8:45 am] Notice of receipt of the petition was information must be included in the BILLING CODE 4910–EX–P published, with a 30-day public incomplete vehicle document or IVD comment period on April 11, 2017, in that must be furnished by the the Federal Register (82 FR 17520). No incomplete vehicle manufacturer, as DEPARTMENT OF TRANSPORTATION comments were received. To view the required by 49 CFR 568.4(a)(5). National Highway Traffic Safety petition and all supporting documents While the actual wheel stamping may Administration log onto the Federal Docket be 24.5, the physical size (outside Management System (FDMS) Web page diameter) is 22.5. If a service provider [Docket No. NHTSA–2016–0141; Notice 2] at: http://www.regulations.gov/. Then were to reference the rim size of the asabaliauskas on DSKBBXCHB2PROD with NOTICES follow the online search instruction to incorrectly stamped rim, and attempt to Spartan Motors USA, Inc., Grant of locate docket number ‘‘NHTSA–2016– install a tire with an inside diameter of Petition for Decision of 0141.’’ 24.5, it would be too large for the 22.5 Inconsequential Noncompliance II. Vehicles Involved: Approximately size rim and thus not fit. Given the label AGENCY: National Highway Traffic 19 MY 2017 Spartan Emergency being provided and the construction Safety Administration (NHTSA), Response Metro Star motor vehicles details sheet provided in accordance Department of Transportation (DOT). manufactured between September 6, with NFPA® 1901 Standard for 2016, and October 24, 2016, are Automotive Fire Apparatus 2016 ACTION: Grant of petition. potentially involved. edition, Spartan believes the VerDate Sep<11>2014 19:21 Jun 22, 2017 Jkt 241001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\23JNN1.SGM 23JNN1

Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Notices 28737 noncompliance is inconsequential as it duties found in sections 30118 and W12–140, 1200 New Jersey Avenue SE, relates to motor vehicle safety, and 30120, respectively, to notify owners, Washington, DC 20590. requests that their petition to be purchasers, and dealers of a defect or • Hand Delivery: Deliver comments exempted from providing notification of noncompliance and to remedy the by hand to U.S. Department of the noncompliance, as required by 49 defect or noncompliance. Therefore, this Transportation, Docket Operations, M– U.S.C. 30118, and a remedy for the decision only applies to the subject 30, West Building Ground Floor, Room noncompliance, as required by 49 motorcycles that Spartan no longer W12–140, 1200 New Jersey Avenue SE., U.S.C. 30120, should be granted. controlled at the time it determined that Washington, DC 20590. The Docket To view Spartan’s petition analyses in the noncompliance existed. However, Section is open on weekdays from 10 its entirety you can visit https:// the granting of this petition does not a.m. to 5 p.m. except Federal Holidays. www.regulations.gov by following the relieve vehicle distributors and dealers • Electronically: Submit comments online instructions for accessing the of the prohibitions on the sale, offer for electronically by logging onto the dockets and by using the docket ID sale, or introduction or delivery for Federal Docket Management System number for this petition shown in the introduction into interstate commerce of (FDMS) Web site at https:// heading of this notice. the noncompliant vehicles under their www.regulations.gov/. Follow the online No comments were received during control after Spartan notified them that instructions for submitting comments. the receipt notice comment period. the subject noncompliance existed. • Comments may also be faxed to NHTSA Decision Authority: (49 U.S.C. 30118, 30120: (202) 493–2251. delegations of authority at 49 CFR 1.95 and Comments must be written in the NHTSA Analysis: Spartan Motors 501.8). English language, and be no greater than USA, Inc. (Spartan) explained that as 15 pages in length, although there is no many as 19 emergency response chassis Jeffrey M. Giuseppe, limit to the length of necessary cabs may be equipped with rims that Director, Office of Vehicle Safety Compliance. attachments to the comments. If were inadvertently stamped with a 24.5 [FR Doc. 2017–13083 Filed 6–22–17; 8:45 am] comments are submitted in hard copy inch diameter x 8.25 inch width marking instead of 22.5 inch diameter x BILLING CODE 4910–59–P form, please ensure that two copies are 8.25 inch width marking which is the provided. If you wish to receive actual size of the rim. Further, while the confirmation that comments you have DEPARTMENT OF TRANSPORTATION submitted by mail were received, please actual diameter rim stamping may be 24.5 inches, the physical size (outside enclose a stamped, self-addressed National Highway Traffic Safety diameter) is actually 22.5 inches. If a postcard with the comments. Note that Administration service provider were to reference the all comments received will be posted stamped rim size and attempted to without change to https:// [Docket No. NHTSA–2017–0041; Notice 1] install a tire with an inside diameter of www.regulations.gov, including any 24.5 inches, the tire inside diameter Nissan North America, Inc., Receipt of personal information provided. would be too large for the rim diameter Petition for Decision of All comments and supporting and the two could not be fitted together. Inconsequential Noncompliance materials received before the close of In this case, the agency agrees that the business on the closing date indicated AGENCY: National Highway Traffic above will be filed in the docket and noncompliance is inconsequential to Safety Administration (NHTSA), will be considered. All comments and motor vehicle safety. As stated by Department of Transportation (DOT). supporting materials received after the Spartan, if a service provider tried to mount a 24.5 diameter tire on a 22.5 ACTION: Receipt of petition. closing date will also be filed and will diameter rim it would be unsuccessful. be considered to the fullest extent SUMMARY: Nissan North America, Inc. possible. The inability to mount the incorrect tire (Nissan), has determined that certain on the rim precludes one’s ability to When the petition is granted or model year (MY) 2016–2017 Nissan denied, notice of the decision will also actually drive with an incorrect tire-rim Titan Crew Cab motor vehicles do not combination on public roadways. be published in the Federal Register fully comply with Federal Motor pursuant to the authority indicated at Furthermore, FMVSS No. 120 paragraph Vehicle Safety Standard (FMVSS) No. S5.3 requires vehicles be labeled with the end of this notice. 201, Occupant Protection in Interior All comments, background proper tire/rim size combinations. This Impact. Nissan filed a noncompliance additional information is available to documentation, and supporting report dated April 24, 2017. Nissan also materials submitted to the docket may assist the vehicle operator with tire/rim petitioned NHTSA on May 16, 2017, for size information. be viewed by anyone at the address and a decision that the subject times given above. The documents may NHTSA’s Decision: In consideration noncompliance is inconsequential as it also be viewed on the Internet at https:// of the foregoing, NHTSA has decided relates to motor vehicle safety. www.regulations.gov by following the that the petitioner has met its burden of persuasion that the noncompliance at DATES: The closing date for comments online instructions for accessing the issue is inconsequential to motor on the petition is July 24, 2017. dockets. The docket ID number for this vehicle safety. Accordingly, Spartan’s ADDRESSES: Interested persons are petition is shown in the heading of this petition is hereby granted, and the invited to submit written data, views, notice. DOT’s complete Privacy Act asabaliauskas on DSKBBXCHB2PROD with NOTICES petitioner is exempted from the and arguments on this petition. obligation of providing notification of, Comments must refer to the docket and Statement is available for review in a and a remedy for, the noncompliance. notice number cited in the title of this Federal Register notice published on NHTSA notes that the statutory notice and submitted by any of the April 11, 2000, (65 FR 19477–78). provisions (49 U.S.C. 30118(d) and following methods: SUPPLEMENTARY INFORMATION: 30120(h)) that permit manufacturers to • Mail: Send comments by mail I. Overview: Nissan North America, file petitions for a determination of addressed to U.S. Department of Inc. (Nissan), has determined that inconsequentiality allow NHTSA to Transportation, Docket Operations, M– certain model year (MY) 2016–2017 exempt manufacturers only from the 30, West Building Ground Floor, Room Nissan Titan Crew Cab motor vehicles VerDate Sep<11>2014 19:21 Jun 22, 2017 Jkt 241001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\23JNN1.SGM 23JNN1


Document Created: 2017-06-23 03:37:29
Document Modified: 2017-06-23 03:37:29
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 Citation82 FR 28736 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR