82 FR 47599 - Arconic Wheel and Transportation Products, Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 196 (October 12, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 196 (October 12, 2017)
| Page Range | 47599-47601 | |
| FR Document | 2017-22110 |
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)] [Notices] [Pages 47599-47601] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22110] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2016-0137; Notice 2] Arconic Wheel and Transportation Products, Grant of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. ----------------------------------------------------------------------- SUMMARY: Arconic Wheel and Transportation Products, a business division of Arconic, Inc., formerly known as Alcoa, Inc. (Arconic), has determined that certain Alcoa aluminum wheels 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). Alcoa, Inc. filed a noncompliance information report dated November 21, 2016. Arconic then petitioned NHTSA on December 5, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. ADDRESSES: For further information on this decision please contact Kerrin Bressant, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366- 1110. SUPPLEMENTARY INFORMATION: I. Overview: Arconic Wheel and Transportation Products (Arconic), has determined that certain Alcoa aluminum wheels 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 [[Page 47600]] Vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds). Alcoa, Inc. filed a noncompliance information report dated November 21, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Arconic then petitioned NHTSA on December 5, 2016, 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. The notice of receipt of Arconic's petition was published, with a 30-day public comment period, on June 5, 2017 in the Federal Register (82 FR 25908). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2016-0137.'' II. Equipment Involved: Approximately 1,975 Alcoa model 88367X aluminum wheels, size 22.5'' Dia. x 8.25'', produced for the heavy duty truck wheel market, manufactured between August 1, 2016, and November 7, 2016, are potentially involved. III. Noncompliance: Arconic explains that the noncompliance is that the wheel diameter was incorrectly marked on the subject wheels as 24.5'' x 8.25'', when it should have been marked as 22.5'' x 8.25''. This marking error overstates the wheel diameter by 2''. Therefore, the subject wheels do not meet the requirements of paragraph S5.2(b) of FMVSS No. 120. IV. Rule Text: Paragraph S5.2(b) of FMVSS No. 120 states in pertinent part: 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 Arconic's Petition: Arconic 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, Arconic submitted the following reasoning: 1. If the mounting technician relied solely on the incorrectly stated 24.5'' diameter stamped on the rim and tried to mount a 24.5'' x 8.25'' tire, the tire will not inflate. Therefore, it would be obvious to the mounting technician that there is a tire/rim mismatch, because the air will immediately escape during inflation and no tire/rim seal will ever be achieved. Heavy-duty truck rim diameter sizes in the U.S. market are in increments 19.5'', 22.5'' and 24.5'', so any tire diameter other than 22.5'' will simply not mount and/or inflate on the mismarked 24.5'' rim. 2. All product literature that accompanies the mislabeled 24.5'' x 8.25'' aluminum wheels correctly identifies the wheel as having a 22.5'' diameter. The part number stamped on the wheels correctly associates the wheels in catalogs (hard copy and electronic) as having a 22.5'' diameter. The vast majority of the affected wheels were sold for assembly on new heavy-duty semi-tractors and it is believed the certification label, tire pressure placard and all other literature accompanying the vehicle correctly states the required wheel diameter as 22.5''. 3. The vast majority of the affected wheels were sold for assembly on new heavy-duty semi-tractors, which means the selection of tires and wheels during assembly does not require reliance on the actual size markings on the wheel. Rather, this selection is based upon part number matching during the tire/wheel subassembly process, and the part number descriptions correctly reflect the actual wheel size of 22.5'' x 8.25''. Only one manufacturer, a trailer manufacturer, actually noticed the mismarking of the rim diameter. The remaining manufacturers that undertook tire and rim assembly were unaffected by rim mismarking. 4. If a vehicle owner or operator must replace one of the affected rims they would most likely go to a facility that is familiar with tire/wheel replacements for heavy-duty trucks. Pursuant to 29 CFR 1910.177(c) (Employee Training), federal regulations require that only trained technicians are permitted to mount tires and wheels on heavy- duty vehicles and it should be obvious to the technician when a wheel marking is overstated by 2''. 5. For rims that have an obvious incorrect size marking stamped into the wheel, the technician will have to rely on another source for the correct rim size including, when applicable, the certification label, tire pressure placard or any other literature to determine the correct wheel and tire size for the replacement. 6. Because a tire/rim seal cannot be achieved with an overstated 2'' rim diameter, there is no risk to the technician during attempted tire mounting operations. 7. All other roll stamp rim marking information on the subject rims required by S5.2 of FMVSS No. 120 is correct. The rim is marked with the correct rim width, manufacturer, date of manufacture, and DOT. 8. The agency has previously found to be inconsequential a noncompliance with the rim marking requirements of FMVSS No. 110 Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less (citing Docket No. NHTSA-1999-6685, July 5, 2000). 9. Arconic is not aware of any crashes or injuries associated with this roll stamp rim marking issue. Arconic states that they have corrected the roll stamp for all future production. Arconic 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. NHTSA'S Decision NHTSA's Analysis: The intent of FMVSS No. 120 is to ensure that vehicles are equipped with tires of adequate size and load rating and with rims of appropriate size and type designation to handle vehicle loads and prevent overloading. As discussed by Arconic, in the event a technician actually used the incorrect rim diameter marking as a size determinant for the tire size to mount on the rim, the technician would inevitably determine that the tire diameter is much larger than the actual rim diameter. In this case, the tire could never be properly mounted to the rim and could not be inflated to hold any air pressure. Arconic also mentioned that product literature provided with the rims, and correct part number stamped on the rims, can be used to correctly identify the rim diameter. NHTSA agrees that during the mounting process, if a technician were to encounter the mismatch issue as discussed above, the part number labeled on the rim and the product literature could be referenced to aid in the determination of the correct rim size. Consequently, the subject noncompliance should not cause any unsafe conditions associated with the incorrect rim diameter size stamped on the wheel. Therefore, NHTSA agrees with Arconic that the incorrect rim diameter size listed on the wheel does [[Page 47601]] not have any adverse safety implications. NHTSA'S Decision: In consideration of the foregoing, NHTSA finds that Arconic has met its burden of persuasion that the subject FMVSS No. 120 noncompliance on the affected wheels is inconsequential to motor vehicle safety. Accordingly, Arconic's petition is hereby granted and Arconic is consequently exempted from the obligation of providing notification of, and a free remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. 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 wheels that Arconic no longer controlled at the time it determined that the noncompliance existed. However, the granting of this petition does not relieve equipment distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant wheels under their control after Arconic 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. 2017-22110 Filed 10-11-17; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices 47599
Total annual Average time per Total annual burden
CFR section/subject Respondent universe responses response hours
—Notification to engineer that no con- 704 railroads .............. 5 notifications ............. 10 minutes ................. 1 hour.
ductor is on train.
—Notification of denial of certification by 704 railroads .............. 10 notices .................. 10 minutes ................. 2 hours.
individuals holding multiple certifi-
cations.
242.215—RR Oversight Responsibility
—RR review and analysis of administra- 704 railroads .............. 44 reviews/analyses .. 40 hours ..................... 1,760 hours.
tion of certification program.
—Report of findings by RR to FRA ........ 704 railroads .............. 36 reports ................... 4 hours ....................... 144 hours.
242.301—Determinations—Territorial quali- 320 railroads .............. 1,080 deter ................. 15 minutes ................. 270 hours.
fication and joint operations.
—Notification by persons who do not 320 railroads .............. 500 notices ................ 10 minutes ................. 83 hours.
meet territorial qualification.
242.401—Notification to candidate of infor- 704 railroads .............. 40 notices + 40 re- 60 minutes/60 minutes 80 hours.
mation that forms basis for denying certifi- sponses.
cation and candidate response.
—Written notification of denial of certifi- 704 railroads .............. 80 notices .................. 60 minutes ................. 80 hours.
cation.
242.403/405—Criteria for revoking certifi-
cation; periods of ineligibility
—Review of compliance conduct ........... 704 railroads .............. 950 reviews ................ 10 minutes ................. 158 hours.
—Written determination that the most 704 railroads .............. 950 written determina- 60 minutes ................. 950 hours.
recent incident has occurred. tion.
242.407—Process for Revoking Certification
—Revocation for violations of section 704 railroads .............. 950 revoked certifi- 8 hours ....................... 7,600 hours.
242.115(e). cates.
—Immediate suspension of certificate .... 704 railroads .............. 950 suspend certifi- 1 hour ......................... 950 hours.
cates.
—Determinations based on RR hearing 704 railroads .............. 950 decisions ............. 15 minutes ................. 238 hours.
record.
—Hearing record ..................................... 704 railroads .............. 950 records ................ 30 minutes ................. 475 hours.
—Written decisions by RR official .......... 704 railroads .............. 950 decisions ............. 2 hours ....................... 1,900 hours.
—Service of written decision on em- 704 railroads .............. 950 decisions + 950 10 minutes + 5 min- 238 hours.
ployee by RR + RR service proof. proofs. utes.
—Written waiver of right to hearing ........ 54,000 Conductors .... 425 waivers ................ 10 minutes ................. 71 hours.
—Revocation of certification based on 704 railroads .............. 15 revoked certifi- 10 minutes ................. 3 hours.
information that another railroad has cations.
done so.
—Placing relevant information in record 704 railroads .............. 100 updated Records 1 hour ......................... 100 hours.
prior to suspending certification/con-
vening hearing.
Total Estimated Responses: 268,799. DEPARTMENT OF TRANSPORTATION Carrying Capacity Information for Motor
Total Estimated Total Annual Burden: Vehicles with a GVWR of more than
National Highway Traffic Safety 4,536 kilograms (10,000 pounds). Alcoa,
856,406 hours.
Administration Inc. filed a noncompliance information
Type of Request: Extension of a report dated November 21, 2016.
Currently Approved Collection. [Docket No. NHTSA–2016–0137; Notice 2] Arconic then petitioned NHTSA on
Under 44 U.S.C. 3507(a) and 5 CFR December 5, 2016, for a decision that
1320.5(b) and 1320.8(b)(3)(vi), FRA Arconic Wheel and Transportation the subject noncompliance is
Products, Grant of Petition for inconsequential as it relates to motor
informs all interested parties that it may
Decision of Inconsequential vehicle safety.
not conduct or sponsor, and a
Noncompliance
respondent is not required to respond to ADDRESSES: For further information on
a collection of information unless it AGENCY: National Highway Traffic this decision please contact Kerrin
displays a currently valid OMB control Safety Administration (NHTSA), Bressant, Office of Vehicle Safety
number. Department of Transportation (DOT). Compliance, the National Highway
ACTION: Grant of petition. Traffic Safety Administration (NHTSA),
Authority: 44 U.S.C. 3501–3520.
telephone (202) 366–1110.
Brett Jortland, SUMMARY: Arconic Wheel and SUPPLEMENTARY INFORMATION:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Acting Deputy Chief Counsel. Transportation Products, a business I. Overview: Arconic Wheel and
[FR Doc. 2017–22044 Filed 10–11–17; 8:45 am]
division of Arconic, Inc., formerly Transportation Products (Arconic), has
known as Alcoa, Inc. (Arconic), has determined that certain Alcoa
BILLING CODE 4910–06–P
determined that certain Alcoa aluminum wheels do not fully comply
aluminum wheels do not fully comply with paragraph S5.2(b) of Federal Motor
with Federal Motor Vehicle Safety Vehicle Safety Standard (FMVSS) No.
Standard (FMVSS) No. 120, Tire 120, Tire Selection and Rims and Motor
Selection and Rims and Motor Home/ Home/Recreation Vehicle Trailer Load
Recreation Vehicle Trailer Load Carrying Capacity Information for Motor
VerDate Sep<11>2014 22:35 Oct 11, 2017 Jkt 244001 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1](https://thefederalregister.org/doc/82_FR_47795/page/1.svg)
![Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices 47601
not have any adverse safety 120, Tire selection and rims and motor FMVSS No. 120. Specifically, the
implications. home/recreation vehicle trailer load marking error overstates the wheel
NHTSA’S Decision: In consideration carrying capacity information for motor diameter by 2″.
of the foregoing, NHTSA finds that vehicles with a GVWR of more than IV. Rule Text: paragraph S5.2 of
Arconic has met its burden of 4,536 kilograms (10,000 pounds). MTI FMVSS No. 120 states:
persuasion that the subject FMVSS No. filed a noncompliance information
S5.2 Rim marking. Each rim or, at the
120 noncompliance on the affected report dated February 9, 2017. MTI also option of the manufacturer in the case of a
wheels is inconsequential to motor petitioned NHTSA on February 28, single-piece wheel, wheel disc shall be
vehicle safety. Accordingly, Arconic’s 2017, and revised its petition on April marked with the information listed in
petition is hereby granted and Arconic 29, 2017, for a decision that the subject paragraphs (a) through (e) of this paragraph,
is consequently exempted from the noncompliance is inconsequential as it in lettering not less than 3 millimeters high,
obligation of providing notification of, relates to motor vehicle safety. impressed to a depth or, at the option of the
and a free remedy for, that ADDRESSES: For further information on manufacturer, embossed to a height of not
noncompliance under 49 U.S.C. 30118 less than 0.125 millimeters . . .
this decision contact Kerrin Bressant,
and 30120. (b) The rim size designation, and in case
Office of Vehicle Safety Compliance, the of multipiece rims, the rim type designation.
NHTSA notes that the statutory National Highway Traffic Safety For example: 20 × 5.50, or 20 × 5.5.
provisions (49 U.S.C. 30118(d) and Administration (NHTSA), telephone
30120(h)) that permit manufacturers to (202) 366–1110, facsimile (202) 366– V. Summary of MTI’s Petition: MTI
file petitions for a determination of 5930. described the subject noncompliance
inconsequentiality allow NHTSA to and stated its belief that the
SUPPLEMENTARY INFORMATION:
exempt manufacturers only from the I. Overview: Mack Trucks, Inc. (MTI), noncompliance is inconsequential as it
duties found in sections 30118 and has determined that certain model year relates to motor vehicle safety.
30120, respectively, to notify owners, (MY) 2017 Mack heavy duty trucks do In support of its petition, MTI
purchasers, and dealers of a defect or not fully comply with paragraph S5.2(b) referenced a letter to NHTSA, dated
noncompliance and to remedy the of Federal Motor Vehicle Safety December 5, 2016, from Arconic Wheel
defect or noncompliance. Therefore, this Standard (FMVSS) No. 120, Tire and Transportation Products (Arconic),
decision only applies to the subject selection and rims and motor home/ which is the rim manufacturer, and
wheels that Arconic no longer recreation vehicle trailer load carrying provided the following reasoning:
controlled at the time it determined that capacity information for motor vehicles 1. A 24.5″ inch tire will not seat on
the noncompliance existed. However, with a GVWR of more than 4,536 the rim; therefore, if someone tries to
the granting of this petition does not kilograms (10,000 pounds). MTI filed a mount a 24.5″ tire to the rim, it will not
relieve equipment distributors and noncompliance report dated February 9, hold air and therefore cannot be
dealers of the prohibitions on the sale, 2017, pursuant to 49 CFR part 573, inflated.
offer for sale, or introduction or delivery Defect and Noncompliance
for introduction into interstate 2. When tires are replaced, the
Responsibility and Reports. MTI also technician will select the tire based on
commerce of the noncompliant wheels petitioned NHTSA on February 28,
under their control after Arconic the size and rating of the tire being
2017, pursuant to 49 U.S.C. 30118(d) replaced. When Mack manufactured the
notified them that the subject and 30120(h) and 49 CFR part 556, and
noncompliance existed. vehicle, the tire used was a 22.5″ (i.e.,
revised its petition on April 29, 2017, to the correct size for the rim). Therefore,
Authority: 49 U.S.C. 30118, 30120: obtain an exemption from the the tires installed by Mack have the
delegations of authority at 49 CFR 1.95 and notification and remedy requirements of correct size on the sidewall of the tire.
501.8. 49 U.S.C. Chapter 301 on the basis that 3. Mack is required to list the tires
Jeffrey M. Giuseppe, this noncompliance is inconsequential size and inflation pressures on the
Director, Office of Vehicle Safety Compliance. as it relates to motor vehicle safety. certification label as required by 49 CFR
Notice of receipt of the petition was
[FR Doc. 2017–22110 Filed 10–11–17; 8:45 am] 567. The information printed on the
published with a 30-day public
BILLING CODE 4910–59–P label is the correct size, a 22.5″ inch tire
comment period, on July 20, 2017, in
and reflects the tires that were installed
the Federal Register (82 FR 33546). No
when manufactured. The certification
DEPARTMENT OF TRANSPORTATION comments were received. To view the
label is located inside the driver’s door
petition and all supporting documents
and can be easily accessed by the tire
National Highway Traffic Safety log onto the Federal Docket
installer.
Administration Management System (FDMS) Web site
at: https://www.regulations.gov/. Then MTI concluded by expressing the
[Docket No. NHTSA–2017–0016; Notice 2] follow the online search instructions to belief that the subject noncompliance is
locate docket number ‘‘NHTSA–2017– inconsequential as it relates to motor
Mack Trucks, Inc., Grant of Petition for vehicle safety, and that its petition to be
Decision of Inconsequential 0016.’’
II. Vehicles Involved: Approximately exempted from providing notification of
Noncompliance the noncompliance, as required by 49
226 MY 2017 Mack Pinnacle, Granite,
AGENCY: National Highway Traffic TerraPro and LR heavy duty trucks, U.S.C. 30118, and a remedy for the
noncompliance, as required by 49
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Safety Administration (NHTSA), manufactured between August 15, 2016,
Department of Transportation (DOT). and December 12, 2016, are potentially U.S.C. 30120, should be granted.
ACTION: Grant of petition. involved. To view MTI’s petition analyses in its
III. Noncompliance: MTI explains that entirety you can visit https://
SUMMARY: Mack Trucks, Inc. (MTI), has the noncompliance is that the wheels on www.regulations.gov by following the
determined that certain model year the subject vehicles incorrectly identify online instructions for accessing the
(MY) 2017 Mack heavy duty trucks do the rim size as 24.5″ × 8.25″ instead of dockets and by using the docket ID
not fully comply with Federal Motor 22.5″ × 8.25″, and therefore do not meet number for this petition shown in the
Vehicle Safety Standard (FMVSS) No. the requirements of paragraph S5.2(b) of heading of this notice.
VerDate Sep<11>2014 22:35 Oct 11, 2017 Jkt 244001 PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1](https://thefederalregister.org/doc/82_FR_47795/page/3.svg)
Document Created: 2018-10-25 10:03:53
Document Modified: 2018-10-25 10:03:53
| 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 | Grant of petition. | |
| FR Citation | 82 FR 47599 |
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