82 FR 33549 - Volvo Trucks North America, 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 | 33549-33550 | |
| FR Document | 2017-15253 |
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)] [Notices] [Pages 33549-33550] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15253] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2017-0015; Notice 1] Volvo Trucks North America, Receipt of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. ----------------------------------------------------------------------- SUMMARY: Volvo Trucks North America (VTNA), has determined that certain model year (MY) 2017 Volvo VNL and 2017 Volvo VNM 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). VTNA filed a noncompliance information report dated February 9, 2017. VTNA 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. [[Page 33550]] 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: Volvo Trucks North America (VTNA), has determined that certain model year (MY) 2017 Volvo VNL and 2017 Volvo VNM 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). VTNA filed a noncompliance report dated February 9, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. VTNA 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 VTNA'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 862 MY 2017 Volvo VNL and 2017 Volvo VNM heavy duty trucks, manufactured between August 15, 2016, and November 10, 2016, are potentially involved. III. Noncompliance: VTNA 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 VTNA's Petition: VTNA 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, VTNA 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'' inch 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 Volvo manufactured the vehicle, the tire used was a 22.5'' (i.e., the correct size for the rim). Therefore, the tires installed by Volvo have the correct size on the sidewall of the tire. 3. Volvo 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'' inch 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. Volvo 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 VTNA'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 VTNA 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 VTNA 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. 2017-15253 Filed 7-19-17; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices 33549
increase of 105 kg. The label on the CLS higher VCW loads without overload Vehicle Safety Standard (FMVSS) No.
400 4MATIC model vehicle specifies a concerns. 120, Tire selection and rims and motor
355 kg VCW which should have been No comments were received during home/recreation vehicle trailer load
325 kg, an increase of 30 kg. These the receipt notice comment period. carrying capacity information for motor
errors could cause a consumer to load NHTSA Decision: In consideration of vehicles with a GVWR of more than
the subject vehicles beyond their the foregoing, NHTSA finds that 4,536 kilograms (10,000 pounds). VTNA
original design specifications. MBUSA has met its burden of filed a noncompliance information
In its’ petition, MBUSA provided an persuasion that the FMVSS No. 110 report dated February 9, 2017. VTNA
analysis indicating the mounted tires on noncompliance is inconsequential as it also petitioned NHTSA on February 28,
the subject vehicles are sufficient for relates to motor vehicle safety. 2017, and revised its petition on April
carrying the maximum vehicle loads Accordingly, MBUSA’s petition is 29, 2017, for a decision that the subject
derived from the higher, incorrect, VCW hereby granted and MBUSA is noncompliance is inconsequential as it
values. For the CLS 400 vehicles the exempted from the obligation to provide relates to motor vehicle safety.
analysis indicates the tire load carrying notification of, and a remedy for, that DATES: The closing date for comments
capabilities exceed the maximum tire noncompliance under 49 U.S.C. 30118 on the petition is August 21, 2017.
load by at least 147 kg (710 kg tire load and 30120. ADDRESSES: Interested persons are
rating minus 563 kg maximum tire NHTSA notes that the statutory invited to submit written data, views,
load). For the CLS 400 4MATIC vehicles provisions (49 U.S.C. 30118(d) and and arguments on this petition.
the analysis indicates the tire load 30120(h)) that permit manufacturers to Comments must refer to the docket and
carrying capabilities exceed the file petitions for a determination of notice number cited in the title of this
maximum tire load by at least 125 kg inconsequentiality allow NHTSA to notice and submitted by any of the
(709 kg tire load rating minus 584 kg exempt manufacturers only from the following methods:
maximum tire load). NHTSA verified duties found in sections 30118 and • Mail: Send comments by mail
the tire load ratings specified by 30120, respectively, to notify owners, addressed to U.S. Department of
MBUSA in accordance with the purchasers, and dealers of a defect or Transportation, Docket Operations, M–
European Tyre and Rim Technical noncompliance and to remedy the 30, West Building Ground Floor, Room
Organisation (ETRTO) manual. As defect or noncompliance. Therefore, this W12–140, 1200 New Jersey Avenue SE.,
shown by MBUSA, the tire capacities decision only applies to the subject Washington, DC 20590.
are more than adequate to handle the vehicles that MBUSA no longer • Hand Delivery: Deliver comments
additional weight of the higher VCW controlled at the time it determined that by hand to U.S. Department of
values. MBUSA’s analysis shows that the noncompliance existed. However, Transportation, Docket Operations, M–
the tires mounted on the subject the granting of this petition does not 30, West Building Ground Floor, Room
vehicles exceed the load requirements relieve vehicle distributors and dealers W12–140, 1200 New Jersey Avenue SE.,
of FMVSS No. 110. of the prohibitions on the sale, offer for Washington, DC 20590. The Docket
MBUSA also mentioned that the sale, or introduction or delivery for Section is open on weekdays from 10
certification labels affixed to the subject introduction into interstate commerce of a.m. to 5 p.m. except Federal holidays.
the noncompliant vehicles under their • Electronically: Submit comments
vehicles provide the vehicle’s gross axle
control after MBUSA notified them that electronically by logging onto the
weight ratings (GAWRs) and the gross
the subject noncompliance existed. Federal Docket Management System
vehicle weight rating (GVWR)in
(FDMS) Web site at https://
accordance with 49 CFR 567, Authority: 49 U.S.C. 30118, 30120:
www.regulations.gov/. Follow the online
Certification. MBUSA stated that the delegations of authority at 49 CFR 1.95 and
instructions for submitting comments.
GAWRs and GVWR values provided on 501.8.
• Comments may also be faxed to
the subject vehicles are correct as Jeffrey M. Giuseppe, (202) 493–2251.
labeled. These ratings are established by Director, Office of Vehicle Safety Compliance. Comments must be written in the
the vehicle manufacturer and provided English language, and be no greater than
[FR Doc. 2017–15255 Filed 7–19–17; 8:45 am]
as an alternative source of information 15 pages in length, although there is no
BILLING CODE 4910–59–P
consumers can use to ensure a vehicle limit to the length of necessary
and its’ axles are not overloaded. attachments to the comments. If
Vehicle manufacturers specify that these comments are submitted in hard copy
DEPARTMENT OF TRANSPORTATION
ratings should not be exceeded when form, please ensure that two copies are
loading any vehicle. The agency National Highway Traffic Safety provided. If you wish to receive
reviewed the maximum loads on the Administration confirmation that comments you have
axles and vehicles, using the higher submitted by mail were received, please
labeled VCW values, against the [Docket No. NHTSA–2017–0015; Notice 1]
enclose a stamped, self-addressed
certified GAWRs and GVWR of the postcard with the comments. Note that
Volvo Trucks North America, Receipt
subject vehicles. For the CLS 400 all comments received will be posted
of Petition for Decision of
4MATIC vehicles, maximum loads were without change to https://
Inconsequential Noncompliance
well below the GAWR and GVWR www.regulations.gov, including any
values. For the CLS 400 vehicles, the AGENCY: National Highway Traffic personal information provided.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
maximum loads are essentially at the Safety Administration (NHTSA), All comments and supporting
certified GAWRs and GVWR values. Department of Transportation (DOT). materials received before the close of
MBUSA also stated in its petition that ACTION: Receipt of petition. business on the closing date indicated
the platform (chassis and axles) utilized above will be filed in the docket and
on the subject vehicles is used with SUMMARY: Volvo Trucks North America will be considered. All comments and
other CLS vehicle lines and is designed (VTNA), has determined that certain supporting materials received after the
for vehicles with higher GVWRs. It model year (MY) 2017 Volvo VNL and closing date will also be filed and will
appears from this analysis the subject 2017 Volvo VNM heavy duty trucks do be considered to the fullest extent
vehicles can safely accommodate the not fully comply with Federal Motor possible.
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![33550 Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices
When the petition is granted or S5.2 Rim marking. Each rim or, at the 30120, respectively, to notify owners,
denied, notice of the decision will also option of the manufacturer in the case of a purchasers, and dealers of a defect or
be published in the Federal Register single-piece wheel, wheel disc shall be noncompliance and to remedy the
pursuant to the authority indicated at marked with the information listed in defect or noncompliance. Therefore, any
paragraphs (a) through (e) of this paragraph,
the end of this notice. in lettering not less than 3 millimeters high,
decision on this petition only applies to
All comments, background impressed to a depth or, at the option of the the subject vehicles that VTNA no
documentation, and supporting manufacturer, embossed to a height of not longer controlled at the time it
materials submitted to the docket may less than 0.125 millimeters . . . determined that the noncompliance
be viewed by anyone at the address and (b) The rim size designation, and in case existed. However, any decision on this
times given above. The documents may of multipiece rims, the rim type designation. petition does not relieve vehicle
also be viewed on the Internet at https:// For example: 20 x 5.50, or 20 x 5.5. distributors and dealers of the
www.regulations.gov by following the V. Summary of VTNA’s Petition: prohibitions on the sale, offer for sale,
online instructions for accessing the VTNA described the subject or introduction or delivery for
dockets. The docket ID number for this noncompliance and stated its belief that introduction into interstate commerce of
petition is shown in the heading of this the noncompliance is inconsequential the noncompliant vehicles under their
notice. as it relates to motor vehicle safety. control after VTNA notified them that
DOT’s complete Privacy Act the subject noncompliance existed.
In support of its petition, VTNA
Statement is available for review in a
referenced a letter to NHTSA, dated Authority: 49 U.S.C. 30118, 30120:
Federal Register notice published on
December 5, 2016, from Arconic Wheel Delegations of authority at 49 CFR 1.95 and
April 11, 2000, (65 FR 19477–78). 501.8.
and Transportation Products (Arconic),
SUPPLEMENTARY INFORMATION:
which is the rim manufacturer, and Jeffrey M. Giuseppe,
I. Overview: Volvo Trucks North
provided the following:
America (VTNA), has determined that Director, Office of Vehicle Safety Compliance.
1. A 24.5″ inch tire will not seat on
certain model year (MY) 2017 Volvo [FR Doc. 2017–15253 Filed 7–19–17; 8:45 am]
the rim; therefore, if someone tries to
VNL and 2017 Volvo VNM heavy duty BILLING CODE 4910–59–P
mount a 24.5″ tire to the rim, it will not
trucks do not fully comply with
hold air and therefore cannot be
paragraph S5.2(b) of Federal Motor
inflated.
Vehicle Safety Standard (FMVSS) No. DEPARTMENT OF TRANSPORTATION
120, Tire selection and rims and motor 2. When tires are replaced, the
home/recreation vehicle trailer load technician will select the tire based on National Highway Traffic Safety
carrying capacity information for motor the size and rating of the tire being Administration
vehicles with a GVWR of more than replaced. When Volvo manufactured the
4,536 kilograms (10,000 pounds). VTNA vehicle, the tire used was a 22.5″ (i.e., Reports, Forms and Record Keeping
filed a noncompliance report dated the correct size for the rim). Therefore, Requirements; Agency Information
February 9, 2017, pursuant to 49 CFR the tires installed by Volvo have the Collection Activity Under OMB Review
part 573, Defect and Noncompliance correct size on the sidewall of the tire.
3. Volvo is required to list the tires AGENCY: National Highway Traffic
Responsibility and Reports. VTNA also Safety Administration, DOT.
petitioned NHTSA on February 28, size and inflation pressures on the
2017, pursuant to 49 U.S.C. 30118(d) certification label as required by 49 CFR ACTION: Notice.
and 30120(h) and 49 CFR part 556, and 567. The information printed on the
label is the correct size, a 22.5″ inch tire SUMMARY: In compliance with the
revised its petition on April 29, 2017, to
and reflects the tires that were installed Paperwork Reduction Act of 1995, this
obtain an exemption from the
when manufactured. The certification notice announces that the Information
notification and remedy requirements of
label is located inside the driver’s door Collection Request (ICR) abstracted
49 U.S.C. Chapter 301 on the basis that
and can be easily accessed by the tire below has been forwarded to the Office
this noncompliance is inconsequential
installer. of Management and Budget (OMB) for
as it relates to motor vehicle safety.
This notice of receipt of VTNA’s Volvo concluded by expressing the review and comment. The ICR describes
petition is published under 49 U.S.C. belief that the subject noncompliance is the nature of the information collections
30118 and 30120 and does not represent inconsequential as it relates to motor and their expected burden. The Federal
any agency decision or other exercise of vehicle safety, and that its petition to be Register Notice with a 60-day comment
judgment concerning the merits of the exempted from providing notification of period was published on January 4,
petition. the noncompliance, as required by 49 2017.
II. Vehicles Involved: Approximately U.S.C. 30118, and a remedy for the DATES: Comments must be submitted on
862 MY 2017 Volvo VNL and 2017 noncompliance, as required by 49 or before August 21, 2017.
Volvo VNM heavy duty trucks, U.S.C. 30120, should be granted.
FOR FURTHER INFORMATION CONTACT:
manufactured between August 15, 2016, To view VTNA’s petition analyses in
its entirety you can visit https:// Coleman Sachs, Office of Vehicle Safety
and November 10, 2016, are potentially Compliance (NEF–230), National
involved. www.regulations.gov by following the
online instructions for accessing the Highway Traffic Safety Administration,
III. Noncompliance: VTNA explains
dockets and by using the docket ID West Building, 4th Floor, Room W43–
that the noncompliance is that the
481, 1200 New Jersey Avenue SE.,
asabaliauskas on DSKBBXCHB2PROD with NOTICES
wheels on the subject vehicles number for this petition shown in the
heading of this notice. Washington, DC 20590.
incorrectly identify the rim size as 24.5″
x 8.25″ instead of 22.5″ x 8.25″, and NHTSA notes that the statutory SUPPLEMENTARY INFORMATION: National
therefore do not meet the requirements provisions (49 U.S.C. 30118(d) and Highway Traffic Safety Administration.
of paragraph S5.2(b) of FMVSS No. 120. 30120(h)) that permit manufacturers to Title: 49 CFR part 566 Manufacturer
Specifically, the marking error file petitions for a determination of Identification.
overstates the wheel diameter by 2″. inconsequentiality allow NHTSA to OMB Number: 2127–0043.
IV. Rule Text: paragraph S5.2 of exempt manufacturers only from the Type of Request: Extension of a
FMVSS No. 120 states: duties found in sections 30118 and Currently Approved Collection.
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Document Created: 2017-07-20 06:57:42
Document Modified: 2017-07-20 06:57:42
| 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 33549 |
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