82 FR 33546 - Mack Trucks, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 138 (July 20, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 138 (July 20, 2017)
| Page Range | 33546-33547 | |
| FR Document | 2017-15254 |
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)] [Notices] [Pages 33546-33547] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15254] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2017-0016; Notice 1] Mack Trucks, 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: Mack Trucks, Inc. (MTI), has determined that certain model year (MY) 2017 Mack heavy duty trucks 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). MTI filed a noncompliance information report dated February 9, 2017. MTI also petitioned NHTSA on February 28, 2017, and revised its petition on April 29, 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 August 21, 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: Mack Trucks, Inc. (MTI), has determined that certain model year (MY) 2017 Mack heavy duty trucks 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). MTI filed a noncompliance report dated February 9, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance [[Page 33547]] Responsibility and Reports. MTI also petitioned NHTSA on February 28, 2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, and revised its petition on April 29, 2017, to obtain 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 MTI'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 226 MY 2017 Mack Pinnacle, Granite, TerraPro and LR heavy duty trucks, manufactured between August 15, 2016, and December 12, 2016, are potentially involved. III. Noncompliance: MTI 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. Specifically, the marking error overstates the wheel diameter by 2''. 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 MTI's Petition: MTI 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, MTI referenced a letter to NHTSA, dated December 5, 2016, from Arconic Wheel and Transportation Products (Arconic), which is the rim manufacturer, and provided the following: 1. A 24.5'' tire will not seat on the rim; therefore, if someone tries to mount a 24.5'' tire to the rim, it will not hold air and therefore cannot be inflated. 2. When tires are replaced, the technician will select the tire based on the size and rating of the tire being replaced. When Mack manufactured the vehicle, the tire used was a 22.5'' (i.e., the correct size for the rim). Therefore, the tires installed by Mack have the correct size on the sidewall of the tire. 3. Mack is required to list the tires size and inflation pressures on the certification label as required by 49 CFR 567. The information printed on the label is the correct size, a 22.5'' tire and reflects the tires that were installed when manufactured. The certification label is located inside the driver's door and can be easily accessed by the tire installer. MTI 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. To view MTI'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 MTI 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 MTI 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. 2017-15254 Filed 7-19-17; 8:45 am] BILLING CODE 4910-59-P
![33546 Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices
31315, the following 8 individuals have was maintained prior to being granted; • Electronically: Submit comments
satisfied the renewal conditions for or (3) continuation of the exemption electronically by logging onto the
obtaining an exemption from the rule would not be consistent with the goals Federal Docket Management System
prohibiting drivers with ITDM from and objectives of 49 U.S.C. 31136 and (FDMS) Web site at https://
driving CMVs in interstate commerce 31315. www.regulations.gov/. Follow the online
(76 FR 17478; 76 FR 27376): Issued on: June 8, 2017. instructions for submitting comments.
Peter N. Amendola (MA) Larry W. Minor,
• Comments may also be faxed to
Steven V. Callison (LA) (202) 493–2251.
Associate Administrator for Policy.
Douglas A. Carroll (IN) Comments must be written in the
[FR Doc. 2017–14917 Filed 7–19–17; 8:45 am]
Tamara D. Folsom (SD) English language, and be no greater than
BILLING CODE 4910–EX–P 15 pages in length, although there is no
Ernest Martinelli, III (RI)
Johnathon C. Morgan (TN) limit to the length of necessary
David R. Smith (ME) attachments to the comments. If
DEPARTMENT OF TRANSPORTATION
Adam J. Stegenga (MI) comments are submitted in hard copy
The drivers were included in docket National Highway Traffic Safety form, please ensure that two copies are
No. FMCSA–2011–0040. Their Administration provided. If you wish to receive
exemptions are applicable as of May 11, confirmation that comments you have
2017, and will expire on May 11, 2019. submitted by mail were received, please
[Docket No. NHTSA–2017–0016; Notice 1]
As of May 18, 2017, and in enclose a stamped, self-addressed
accordance with 49 U.S.C. 31136(e) and Mack Trucks, Inc., Receipt of Petition postcard with the comments. Note that
31315, Thomas G. Deke (MO) has for Decision of Inconsequential all comments received will be posted
satisfied the renewal conditions for Noncompliance without change to https://
obtaining an exemption from the rule www.regulations.gov, including any
prohibiting drivers with ITDM from AGENCY: National Highway Traffic personal information provided.
driving CMVs in interstate commerce. Safety Administration (NHTSA), All comments and supporting
(71 FR 17558; 71 FR 28913). Department of Transportation (DOT). materials received before the close of
This driver was included in docket ACTION: Receipt of petition. business on the closing date indicated
No. FMCSA–2006–24016. The above will be filed in the docket and
exemption is applicable as of May 18, SUMMARY: Mack Trucks, Inc. (MTI), has will be considered. All comments and
2017, and will expire on May 18, 2019. determined that certain model year supporting materials received after the
As of May 22, 2017, and in (MY) 2017 Mack heavy duty trucks do closing date will also be filed and will
accordance with 49 U.S.C. 31136(e) and not fully comply with Federal Motor be considered to the fullest extent
31315, the following 17 individuals Vehicle Safety Standard (FMVSS) No. possible.
have satisfied the renewal conditions for 120, Tire selection and rims and motor When the petition is granted or
obtaining an exemption from the rule home/recreation vehicle trailer load denied, notice of the decision will also
prohibiting drivers with ITDM from carrying capacity information for motor be published in the Federal Register
driving CMVs in interstate commerce vehicles with a GVWR of more than pursuant to the authority indicated at
(74 FR 15578; 74 FR 24072): 4,536 kilograms (10,000 pounds). MTI the end of this notice.
filed a noncompliance information All comments, background
William C. Arrington (MD)
report dated February 9, 2017. MTI also documentation, and supporting
Raymond Barajas (KS)
petitioned NHTSA on February 28, materials submitted to the docket may
William N. Carpenter (KY)
2017, and revised its petition on April be viewed by anyone at the address and
Darin L. Carpenter (MT)
29, 2017, for a decision that the subject times given above. The documents may
Jeffery W. Cotner (OR)
Juan A. Hartwell (CT) noncompliance is inconsequential as it also be viewed on the Internet at https://
David A. Holzbach (SC) relates to motor vehicle safety. www.regulations.gov by following the
Joseph T. Jackson (CT) DATES: The closing date for comments online instructions for accessing the
Donald A. Lambrecht (NC) on the petition is August 21, 2017. dockets. The docket ID number for this
William M. Liebert (NV) ADDRESSES: Interested persons are petition is shown in the heading of this
Curtis J. Panther (MN) invited to submit written data, views, notice.
Eric S. Ritter (CA) and arguments on this petition. DOT’s complete Privacy Act
Gary L. Robinson (TN) Comments must refer to the docket and Statement is available for review in a
Kevin J. Sears (IL) notice number cited in the title of this Federal Register notice published on
Peter A. Storm (LA) notice and submitted by any of the April 11, 2000, (65 FR 19477–78).
Don A. Wisnosky (WI) following methods: SUPPLEMENTARY INFORMATION:
Patrick D. Yosten (NE) • Mail: Send comments by mail I. Overview: Mack Trucks, Inc. (MTI),
The drivers were included in docket addressed to U.S. Department of has determined that certain model year
No. FMCSA–2009–0067. Their Transportation, Docket Operations, M– (MY) 2017 Mack heavy duty trucks do
exemptions are applicable as of May 22, 30, West Building Ground Floor, Room not fully comply with paragraph S5.2(b)
2017, and will expire on May 22, 2019. W12–140, 1200 New Jersey Avenue SE., of Federal Motor Vehicle Safety
asabaliauskas on DSKBBXCHB2PROD with NOTICES
In accordance with 49 U.S.C. 31315, Washington, DC 20590. Standard (FMVSS) No. 120, Tire
each exemption will be valid for two • Hand Delivery: Deliver comments selection and rims and motor home/
years from the applicable date unless by hand to U.S. Department of recreation vehicle trailer load carrying
revoked earlier by FMCSA. The Transportation, Docket Operations, M– capacity information for motor vehicles
exemption will be revoked if the 30, West Building Ground Floor, Room with a GVWR of more than 4,536
following occurs: (1) The person fails to W12–140, 1200 New Jersey Avenue SE., kilograms (10,000 pounds). MTI filed a
comply with the terms and conditions Washington, DC 20590. The Docket noncompliance report dated February 9,
of the exemption; (2) the exemption has Section is open on weekdays from 10 2017, pursuant to 49 CFR part 573,
resulted in a lower level of safety than a.m. to 5 p.m. except Federal Holidays. Defect and Noncompliance
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![Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices 33547
Responsibility and Reports. MTI also certification label as required by 49 CFR DEPARTMENT OF TRANSPORTATION
petitioned NHTSA on February 28, 567. The information printed on the
2017, pursuant to 49 U.S.C. 30118(d) label is the correct size, a 22.5″ tire and National Highway Traffic Safety
and 30120(h) and 49 CFR part 556, and reflects the tires that were installed Administration
revised its petition on April 29, 2017, to when manufactured. The certification [Docket No. NHTSA–2016–0109; Notice 2]
obtain an exemption from the label is located inside the driver’s door
notification and remedy requirements of and can be easily accessed by the tire Mercedes-Benz USA, LLC, Grant of
49 U.S.C. Chapter 301 on the basis that installer. Petition for Decision of
this noncompliance is inconsequential Inconsequential Noncompliance
as it relates to motor vehicle safety. MTI concluded by expressing the
This notice of receipt of MTI’s belief that the subject noncompliance is AGENCY: National Highway Traffic
petition is published under 49 U.S.C. inconsequential as it relates to motor Safety Administration (NHTSA),
30118 and 30120 and does not represent vehicle safety, and that its petition to be Department of Transportation (DOT).
any agency decision or other exercise of exempted from providing notification of ACTION: Grant of petition.
judgment concerning the merits of the the noncompliance, as required by 49
petition. U.S.C. 30118, and a remedy for the SUMMARY: Mercedes-Benz USA, LLC
II. Vehicles Involved: Approximately noncompliance, as required by 49 (MBUSA), has determined that certain
226 MY 2017 Mack Pinnacle, Granite, U.S.C. 30120, should be granted. model year (MY) 2015–2016 Mercedes-
TerraPro and LR heavy duty trucks, Benz CLS-Class motor vehicles do not
manufactured between August 15, 2016, To view MTI’s petition analyses in its
fully comply with Federal Motor
and December 12, 2016, are potentially entirety you can visit https:// Vehicle Safety Standard (FMVSS) No.
involved. www.regulations.gov by following the 110, Tire Selection and Rims and Motor
III. Noncompliance: MTI explains that online instructions for accessing the Home/Recreation Vehicle Trailer Load
the noncompliance is that the wheels on dockets and by using the docket ID Carrying Capacity Information for Motor
the subject vehicles incorrectly identify number for this petition shown in the Vehicles with a GVWR of 4,536
the rim size as 24.5″ x 8.25″ instead of heading of this notice. kilograms (10,000 pounds) or Less.
22.5″ x 8.25″, and therefore do not meet NHTSA notes that the statutory MBUSA filed a Safety Recall Report
the requirements of paragraph S5.2(b) of provisions (49 U.S.C. 30118(d) and dated September 12, 2016. MBUSA also
FMVSS No. 120. Specifically, the 30120(h)) that permit manufacturers to petitioned NHTSA on October 4, 2016,
marking error overstates the wheel file petitions for a determination of for a decision that the subject
diameter by 2″. noncompliance is inconsequential as it
IV. Rule Text: Paragraph S5.2 of inconsequentiality allow NHTSA to
exempt manufacturers only from the relates to motor vehicle safety.
FMVSS No. 120 states:
duties found in sections 30118 and ADDRESSES: For further information on
S5.2 Rim marking. Each rim or, at the this decision contact Kerrin Bressant,
30120, respectively, to notify owners,
option of the manufacturer in the case of a Office of Vehicle Safety Compliance, the
single-piece wheel, wheel disc shall be purchasers, and dealers of a defect or
marked with the information listed in noncompliance and to remedy the National Highway Traffic Safety
paragraphs (a) through (e) of this paragraph, defect or noncompliance. Therefore, any Administration (NHTSA), telephone
in lettering not less than 3 millimeters high, decision on this petition only applies to (202) 366–1110, facsimile (202) 366–
impressed to a depth or, at the option of the the subject vehicles that MTI no longer 5930.
manufacturer, embossed to a height of not
controlled at the time it determined that SUPPLEMENTARY INFORMATION:
less than 0.125 millimeters. . .
(b) The rim size designation, and in case the noncompliance existed. However, I. Overview
of multipiece rims, the rim type designation. any decision on this petition does not
For example: 20 x 5.50, or 20 x 5.5. relieve vehicle distributors and dealers Mercedes-Benz USA, LLC (MBUSA),
of the prohibitions on the sale, offer for has determined that certain model year
V. Summary of MTI’s Petition: MTI
sale, or introduction or delivery for (MY) 2015–2016 Mercedes-Benz CLS-
described the subject noncompliance
introduction into interstate commerce of Class motor vehicles do not fully
and stated its belief that the
noncompliance is inconsequential as it the noncompliant vehicles under their comply with paragraph S4.3(a) of
relates to motor vehicle safety. Federal Motor Vehicle Safety Standard
control after MTI notified them that the
In support of its petition, MTI (FMVSS) No. 110, Tire Selection and
subject noncompliance existed.
referenced a letter to NHTSA, dated Rims and Motor Home/Recreation
Authority: 49 U.S.C. 30118, 30120: Vehicle Trailer Load Carrying Capacity
December 5, 2016, from Arconic Wheel
delegations of authority at 49 CFR 1.95 and Information for Motor Vehicles with a
and Transportation Products (Arconic),
501.8. GVWR of 4,536 kilograms (10,000
which is the rim manufacturer, and
provided the following: Jeffrey M. Giuseppe,
pounds) or Less. MBUSA filed a report
1. A 24.5″ tire will not seat on the rim; dated September 12, 2016, pursuant to
Director, Office of Vehicle Safety Compliance.
therefore, if someone tries to mount a 49 CFR part 573, Defect and
[FR Doc. 2017–15254 Filed 7–19–17; 8:45 am] Noncompliance Responsibility and
24.5″ tire to the rim, it will not hold air
and therefore cannot be inflated. BILLING CODE 4910–59–P Reports. MBUSA also petitioned
2. When tires are replaced, the NHTSA on October 4, 2016, pursuant to
asabaliauskas on DSKBBXCHB2PROD with NOTICES
technician will select the tire based on 49 U.S.C. 30118(d) and 30120(h) and 49
the size and rating of the tire being CFR part 556, for an exemption from the
replaced. When Mack manufactured the notification and remedy requirements of
vehicle, the tire used was a 22.5″ (i.e., 49 U.S.C. Chapter 301 on the basis that
the correct size for the rim). Therefore, this noncompliance is inconsequential
the tires installed by Mack have the as it relates to motor vehicle safety.
correct size on the sidewall of the tire. Notice of receipt of the petition was
3. Mack is required to list the tires published, with a 30-day public
size and inflation pressures on the comment period on December 20, 2016,
VerDate Sep<11>2014 18:50 Jul 19, 2017 Jkt 241001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.SGM 20JYN1](https://thefederalregister.org/doc/82_FR_33684/page/2.svg)
Document Created: 2017-07-20 06:57:39
Document Modified: 2017-07-20 06:57:39
| 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 August 21, 2017. | |
| FR Citation | 82 FR 33546 |
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