82 FR 47601 - Mack Trucks, Inc., 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)

Page Range		47601-47602
FR Document		2017-22111

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.

Federal Register, Volume 82 Issue 196 (Thursday, October 12, 2017)

[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47601-47602]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22111]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0016; Notice 2]


Mack Trucks, Inc., Grant of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Grant of petition.

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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.

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: 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 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.
    Notice of receipt of the petition was published with a 30-day 
public comment period, on July 20, 2017, in the Federal Register (82 FR 
33546). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: https://www.regulations.gov/. Then follow the 
online search instructions to locate docket number ``NHTSA-2017-0016.''
    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 
reasoning:
    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 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'' 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.
    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.

[[Page 47602]]

NHTSA Decision

    NHTSA Analysis: 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''.
    NHTSA has reviewed MTI's analyses that the subject noncompliance is 
inconsequential to motor vehicle safety and provides the following 
analysis:
    When it comes to mating a tire and rim combination, it becomes very 
apparent very quickly that either an oversized tire on a rim or an 
undersized tire on the same sized rim will not properly seat to that 
rim. In this particular case (the former) as MTI has mentioned in its 
petition, if someone tries to mount a 24.5'' inch tire on an undersized 
rim (22.5''), it will not hold air and therefore cannot be inflated. 
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 provide the vehicle operator or 
technician with the correct tire/rim size information.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that MTI has met its burden of persuasion that the FMVSS No. 120 
noncompliance is inconsequential as it relates to motor vehicle safety. 
Accordingly, MTI's petition is hereby granted and MTI is consequently 
exempted from the obligation to provide notification of, and remedy 
for, the subject noncompliance in the affected vehicles 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 vehicles that MTI 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 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. 2017-22111 Filed 10-11-17; 8:45 am]
 BILLING CODE 4910-59-P

47602 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices

NHTSA Decision the noncompliant vehicles under their loan or line of credit that a bank makes
NHTSA Analysis: MTI explains that control after MTI notified them that the available to a customer whose deposit
the noncompliance is that the wheels on subject noncompliance existed. account reflects recurring direct
the subject vehicles incorrectly identify Authority: 49 U.S.C. 30118, 30120: deposits. The customer obtains a loan,
the rim size as 24.5″ x 8.25″ instead of delegations of authority at 49 CFR 1.95 and which is to be repaid from the proceeds
22.5″ x 8.25″, and therefore do not meet 501.8. of the next direct deposit. The Guidance
the requirements of paragraph S5.2(b) of highlighted potential credit, reputation,
Jeffrey M. Giuseppe, operational, compliance, and other
FMVSS No. 120. Specifically, the Director, Office of Vehicle Safety Compliance.
marking error overstates the wheel issues associated with deposit advance
[FR Doc. 2017–22111 Filed 10–11–17; 8:45 am] products and encouraged banks to be
diameter by 2″.
NHTSA has reviewed MTI’s analyses BILLING CODE 4910–59–P aware of these issues so that banks
that the subject noncompliance is offering these products in response to
inconsequential to motor vehicle safety their customers’ short-term, small-dollar
and provides the following analysis: DEPARTMENT OF THE TREASURY credit needs did not engage in practices
When it comes to mating a tire and that would increase these risks or result
rim combination, it becomes very Office of the Comptroller of the in the unfair treatment of bank
apparent very quickly that either an Currency customers.
oversized tire on a rim or an undersized [Docket ID OCC–2017–0019] Since adoption of the Guidance in
tire on the same sized rim will not 2013, the regulatory and marketplace
properly seat to that rim. In this Rescission of Guidance on landscapes have changed, and the OCC
particular case (the former) as MTI has Supervisory Concerns and has gained supervisory experience with
mentioned in its petition, if someone Expectations Regarding Deposit application of the Guidance to deposit
tries to mount a 24.5″ inch tire on an Advance Products advance products. Most recently, the
undersized rim (22.5″), it will not hold CFPB adopted a rule entitled ‘‘Payday,
AGENCY: Office of the Comptroller of the Vehicle Title, and Certain High-Cost
air and therefore cannot be inflated. The Currency (OCC), Treasury.
inability to mount the incorrect tire on Installment Loans’’ (CFPB’s Final
the rim precludes one’s ability to ACTION: Rescission of guidance. Rule),2 regarding short-term, small-
actually drive with an incorrect tire-rim dollar loans, which overlaps with the
SUMMARY: The OCC is rescinding its
combination on public roadways. Guidance and will therefore apply to
supervisory guidance entitled
Furthermore, FMVSS No. 120 paragraph many of the loans addressed by the
‘‘Guidance on Supervisory Concerns
S5.3 requires vehicles be labeled with Guidance. For example, the CFPB’s
and Expectations Regarding Deposit
proper tire/rim size combinations. This Final Rule includes underwriting
Advance Products’’ and OCC Bulletin
additional information is available to requirements for covered loans that are
2013–40 (collectively, Guidance), which
provide the vehicle operator or inconsistent with certain aspects of the
address the OCC’s expectations
technician with the correct tire/rim size Guidance. In addition, the CFPB’s Final
regarding the offering of deposit
information. Rule provides for cooling-off periods
advance products by national banks and
NHTSA’s Decision: In consideration that differ from those set forth in the
federal savings associations
of the foregoing, NHTSA finds that MTI Guidance. Thus, the continuation of the
(collectively, banks). The OCC is
has met its burden of persuasion that Guidance would subject banks to
rescinding the Guidance in light of the
the FMVSS No. 120 noncompliance is potentially inconsistent regulatory
adoption of a final rule on payday,
inconsequential as it relates to motor direction and undue burden as banks
vehicle title, and certain high-cost
vehicle safety. Accordingly, MTI’s prepare to implement the requirements
installment loans by the Consumer
petition is hereby granted and MTI is of the CFPB’s Final Rule.
Financial Protection Bureau (CFPB),
consequently exempted from the which overlaps with the Guidance, In addition, based on the changed
obligation to provide notification of, and resulting in potentially inconsistent regulatory and marketplace landscape
remedy for, the subject noncompliance regulatory guidance for banks. and our supervisory experience noted
in the affected vehicles under 49 U.S.C. above, the OCC is concerned that banks
DATES: This Guidance is rescinded
30118 and 30120. are able to serve consumers’ needs for
NHTSA notes that the statutory effective October 5, 2017.
short-term, small-dollar credit. As a
provisions (49 U.S.C. 30118(d) and FOR FURTHER INFORMATION CONTACT: Paul practical matter, consumers who would
30120(h)) that permit manufacturers to Reymann, Director, Consumer prefer to rely on banks and thrifts for
file petitions for a determination of Compliance Policy, (202) 649–5470; these products may be forced to rely on
inconsequentiality allow NHTSA to Steven Jones, Director, Retail Credit less regulated lenders and be exposed to
exempt manufacturers only from the Risk, (202) 649–6220; Kenneth Lennon, the risk of consumer harm and expense.
duties found in sections 30118 and Director, Community and Consumer Accordingly, the OCC is rescinding
30120, respectively, to notify owners, Law, (202) 649–6350; Office of the the Guidance. In rescinding the
purchasers, and dealers of a defect or Comptroller of the Currency, 400 7th Guidance, the OCC considered that
noncompliance and to remedy the Street SW., Washington, DC 20219 or, many other OCC guidance documents
defect or noncompliance. Therefore, this for persons who are deaf or hard of cover key elements of consumer
hearing, TTY, (202) 649–5597.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

decision only applies to the subject lending, and these guidance documents
vehicles that MTI no longer controlled SUPPLEMENTARY INFORMATION:
at the time it determined that the In 2013, the OCC issued the Guidance 2 Today the CFPB announced that it adopted and
noncompliance existed. However, the to set forth the agency’s expectations submitted the CFPB’s Final Rule for publication in
granting of this petition does not relieve regarding deposit advance products the Federal Register. https://
vehicle distributors and dealers of the offered by banks.1 A deposit advance www.consumerfinance.gov/policy-compliance/
rulemaking/final-rules/payday-vehicle-title-and-
prohibitions on the sale, offer for sale, product is a small-dollar, short-term certain-high-cost-installment-loans/. The CFPB
or introduction or delivery for issued its notice of proposed rulemaking on payday
introduction into interstate commerce of 1 78 FR 70624 (November 26, 2013). loans in 2016. 81 FR 47864 (July 22, 2016).

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Document Created: 2018-10-25 10:04:15
Document Modified: 2018-10-25 10:04:15

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 47601

82 FR 47601 - Mack Trucks, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 82, Issue 196 (October 12, 2017)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration