82_FR_48772 82 FR 48572 - Volvo Trucks North America, Grant of Petition for Decision of Inconsequential Noncompliance

82 FR 48572 - Volvo Trucks North America, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 200 (October 18, 2017)

Page Range48572-48573
FR Document2017-22516

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.

Federal Register, Volume 82 Issue 200 (Wednesday, October 18, 2017) 
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Notices]
[Pages 48572-48573]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22516]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0015; Notice 2]


Volvo Trucks North America, 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: 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.

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: 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.
    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 
33549). 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-2017-0015.''
    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 
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 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

[[Page 48573]]

number for this petition shown in the heading of this notice.

NHTSA Decision

    NHTSA Analysis: 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''.
    NHTSA has reviewed VTNA'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 VTNA 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 VTNA has met its burden of persuasion that the FMVSS No. 120 
noncompliance is inconsequential as it relates to motor vehicle safety. 
Accordingly, VTNA's petition is hereby granted and VTNA 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 VTNA 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 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. 2017-22516 Filed 10-17-17; 8:45 am]
BILLING CODE 4910-59-P

48572 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices ACTION:Announcement of Charter not fully comply with Federal Motor incorrectly identify the rim size as 24.5″ Renewal of the Motor Carrier Safety Vehicle Safety Standard (FMVSS) No. x 8.25″ instead of 22.5″ x 8.25″, and Advisory Committee (MCSAC). 120, Tire selection and rims and motor therefore do not meet the requirements home/recreation vehicle trailer load of paragraph S5.2(b) of FMVSS No. 120. SUMMARY: FMCSA announces the carrying capacity information for motor Specifically, the marking error charter renewal of the MCSAC, a vehicles with a GVWR of more than overstates the wheel diameter by 2″. Federal Advisory Committee that 4,536 kilograms (10,000 pounds). VTNA IV. Rule Text: paragraph S5.2 of provides the Agency with advice and filed a noncompliance information FMVSS No. 120 states: recommendations on motor carrier report dated February 9, 2017. VTNA safety programs and motor carrier safety S5.2 Rim marking. Each rim or, at the also petitioned NHTSA on February 28, option of the manufacturer in the case of a regulations through a consensus 2017, and revised its petition on April single-piece wheel, wheel disc shall be process. This charter renewal took effect 29, 2017, for a decision that the subject marked with the information listed in on September 29, 2017, and will expire noncompliance is inconsequential as it paragraphs (a) through (e) of this paragraph, after 2 years. relates to motor vehicle safety. in lettering not less than 3 millimeters high, FOR FURTHER INFORMATION CONTACT: Ms. ADDRESSES: For further information on impressed to a depth or, at the option of the Shannon L. Watson, Senior Advisor to manufacturer, embossed to a height of not this decision contact Kerrin Bressant, the Associate Administrator for Policy, less than 0.125 millimeters . . . Office of Vehicle Safety Compliance, the (b) The rim size designation, and in case Federal Motor Carrier Safety National Highway Traffic Safety of multipiece rims, the rim type designation. Administration, U.S. Department of Administration (NHTSA), telephone For example: 20 x 5.50, or 20 x 5.5. Transportation, 1200 New Jersey (202) 366–1110, facsimile (202) 366– Avenue SE., Washington, DC 20590, 5930. V. Summary of VTNA’s Petition: (202) 385–2395, mcsac@dot.gov. VTNA described the subject SUPPLEMENTARY INFORMATION: noncompliance and stated its belief that SUPPLEMENTARY INFORMATION: Pursuant I. Overview: Volvo Trucks North to Section 10(a)(2) of the Federal the noncompliance is inconsequential America (VTNA), has determined that as it relates to motor vehicle safety. Advisory Committee Act (Pub. L. 92– certain model year (MY) 2017 Volvo 463), FMCSA is giving notice of the In support of its petition, VTNA VNL and 2017 Volvo VNM heavy duty charter renewal for the MCSAC. The referenced a letter to NHTSA, dated trucks do not fully comply with MCSAC was established to provide December 5, 2016, from Arconic Wheel paragraph S5.2(b) of Federal Motor FMCSA with advice and and Transportation Products (Arconic), Vehicle Safety Standard (FMVSS) No. recommendations on motor carrier which is the rim manufacturer, and 120, Tire selection and rims and motor safety programs and motor carrier safety provided the following reasoning: home/recreation vehicle trailer load regulations. 1. A 24.5″ inch tire will not seat on carrying capacity information for motor The MCSAC is composed of up to 20 the rim; therefore, if someone tries to vehicles with a GVWR of more than voting representatives from safety mount a 24.5″ tire to the rim, it will not 4,536 kilograms (10,000 pounds). VTNA advocacy, safety enforcement, labor, and hold air and therefore cannot be filed a noncompliance report dated industry stakeholders of motor carrier inflated. February 9, 2017, pursuant to 49 CFR safety. The diversity of the Committee part 573, Defect and Noncompliance 2. When tires are replaced, the ensures the requisite range of views and Responsibility and Reports. VTNA also technician will select the tire based on expertise necessary to discharge its petitioned NHTSA on February 28, the size and rating of the tire being responsibilities. See the MCSAC Web 2017, pursuant to 49 U.S.C. 30118(d) replaced. When Volvo manufactured the site for details on pending tasks at and 30120(h) and 49 CFR part 556, and vehicle, the tire used was a 22.5″ (i.e. http://www.fmcsa.dot.gov/mcsac. revised its petition on April 29, 2017, to the correct size for the rim). Therefore, Issued on: October 12, 2017. obtain an exemption from the the tires installed by Volvo have the notification and remedy requirements of correct size on the sidewall of the tire. Larry W. Minor, 49 U.S.C. Chapter 301 on the basis that 3. Volvo is required to list the tires Associate Administrator for Policy. this noncompliance is inconsequential size and inflation pressures on the [FR Doc. 2017–22581 Filed 10–17–17; 8:45 am] as it relates to motor vehicle safety. certification label as required by 49 CFR BILLING CODE P 567. The information printed on the Notice of receipt of the petition was published with a 30-day public label is the correct size, a 22.5″ inch tire comment period, on July 20, 2017, in and reflects the tires that were installed DEPARTMENT OF TRANSPORTATION when manufactured. The certification the Federal Register (82 FR 33549). No National Highway Traffic Safety comments were received. To view the label is located inside the driver’s door Administration petition and all supporting documents and can be easily accessed by the tire log onto the Federal Docket installer. [Docket No. NHTSA–2017–0015; Notice 2] Volvo concluded by expressing the Management System (FDMS) Web site at: https://www.regulations.gov/. Then belief that the subject noncompliance is Volvo Trucks North America, Grant of follow the online search instructions to inconsequential as it relates to motor Petition for Decision of locate docket number ‘‘NHTSA–2017– vehicle safety, and that its petition to be Inconsequential Noncompliance 0015.’’ exempted from providing notification of AGENCY: National Highway Traffic II. Vehicles Involved: Approximately the noncompliance, as required by 49 Safety Administration (NHTSA), 862 MY 2017 Volvo VNL and 2017 U.S.C. 30118, and a remedy for the ethrower on DSK3G9T082PROD with NOTICES Department of Transportation (DOT). Volvo VNM heavy duty trucks, noncompliance, as required by 49 ACTION: Grant of petition. manufactured between August 15, 2016, U.S.C. 30120, should be granted. and November 10, 2016, are potentially To view VTNA’s petition analyses in SUMMARY: Volvo Trucks North America involved. its entirety you can visit https:// (VTNA), has determined that certain III. Noncompliance: VTNA explains www.regulations.gov by following the model year (MY) 2017 Volvo VNL and that the noncompliance is that the online instructions for accessing the 2017 Volvo VNM heavy duty trucks do wheels on the subject vehicles dockets and by using the docket ID VerDate Sep<11>2014 17:50 Oct 17, 2017 Jkt 244001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\18OCN1.SGM 18OCN1

Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices 48573 number for this petition shown in the prohibitions on the sale, offer for sale, the notification and remedy heading of this notice. or introduction or delivery for requirements of 49 U.S.C. Chapter 301 introduction into interstate commerce of on the basis that this noncompliance is NHTSA Decision the noncompliant vehicles under their inconsequential as it relates to motor NHTSA Analysis: VTNA explains that control after VTNA notified them that vehicle safety. the noncompliance is that the wheels on the subject noncompliance existed. Notice of receipt of the Hyundai the subject vehicles incorrectly identify petition was published, with a 30-day Authority: 49 U.S.C. 30118, 30120: the rim size as 24.5″ x 8.25″ instead of delegations of authority at 49 CFR 1.95 and public comment period, on April 17, 22.5″ x 8.25″, and therefore do not meet 501.8. 2017, in the Federal Register (82 FR the requirements of paragraph S5.2(b) of 18208). No comments were received. To FMVSS No. 120. Specifically, the Jeffrey M. Giuseppe, view the petition and all supporting marking error overstates the wheel Director, Office of Vehicle Safety Compliance. documents log onto the Federal Docket diameter by 2″. [FR Doc. 2017–22516 Filed 10–17–17; 8:45 am] Management System (FDMS) Web site NHTSA has reviewed VTNA’s BILLING CODE 4910–59–P at: http://www.regulations.gov/. Then analyses that the subject noncompliance follow the online search instructions to is inconsequential to motor vehicle locate docket number ‘‘NHTSA–2017– safety and provides the following DEPARTMENT OF TRANSPORTATION 0013.’’ analysis: II. Vehicles Involved: Approximately When it comes to mating a tire and National Highway Traffic Safety 3,054 MY 2015 Hyundai Sonata motor rim combination, it becomes very Administration vehicles, manufactured between April apparent very quickly that either an [Docket No. NHTSA–2017–0013; Notice 2] 25, 2014, and May 16, 2014, are oversized tire on a rim or an undersized potentially involved. tire on the same sized rim will not Hyundai Motor America, Grant of III. Noncompliance: Hyundai explains properly seat to that rim. In this Petition for Decision of that the noncompliance is that the lens particular case (the former) as VTNA Inconsequential Noncompliance on the replaceable headlamp assembly has mentioned in its petition, if in the subject vehicles is missing the HB someone tries to mount a 24.5″ inch tire AGENCY: National Highway Traffic Safety Administration (NHTSA), bulb designation, as required by on an undersized rim (22.5″), it will not paragraph S6.5.3.4.1 of FMVSS No. 108. hold air and therefore cannot be Department of Transportation (DOT). ACTION: Grant of petition. IV. Rule Text: Paragraph S6.5.3.4.1 of inflated. The inability to mount the FMVSS No. 108 states in pertinent part: incorrect tire on the rim precludes one’s SUMMARY: Hyundai Motor America S6.5.3.4 Replacable bulb headlamp ability to actually drive with an (Hyundai), on behalf of Hyundai Motor markings. incorrect tire-rim combination on public Company, has determined that certain S6.5.3.4.1 The lens of each replaceable roadways. Furthermore, FMVSS No. 120 model year (MY) 2015 Hyundai Sonata bulb headlamp must bear permanent marking paragraph S5.3 requires vehicles be in front of each replacable light source with motor vehicles do not fully comply with labeled with proper tire/rim size which it is equipped that states either: The Federal Motor Vehicle Safety Standard combinations. This additional HB Type, if the light source conforms to S11 (FMVSS) No. 108, Lamps, Reflective information is available to provide the of this standard for filament light sources, or Devices, and Associated Equipment. vehicle operator or technician with the the bulb marking/designation provided in Hyundai filed a noncompliance compliance with Section VIII of appendix A correct tire/rim size information. NHTSA’s Decision: In consideration information report dated February 5, of 49 CFR part 564 (if the light source of the foregoing, NHTSA finds that 2017. Hyundai also petitioned NHTSA conforms to S11 of this standard for VTNA has met its burden of persuasion on February 3, 2017, for a decision that discharge light sources) . . . that the FMVSS No. 120 noncompliance the subject noncompliance is V. Summary of Hyundai’s Petition: is inconsequential as it relates to motor inconsequential as it relates to motor Hyundai described the subject vehicle safety. Accordingly, VTNA’s vehicle safety. noncompliance and stated its belief that petition is hereby granted and VTNA is ADDRESSES: For further information on the noncompliance is inconsequential consequently exempted from the the decision contact Leroy Angeles, as it relates to motor vehicle safety. obligation to provide notification of, and Office of Vehicle Safety Compliance, the In support of its petition, Hyundai remedy for, the subject noncompliance National Highway Traffic Safety submitted the following reasoning: in the affected vehicles under 49 U.S.C. Administration (NHTSA), telephone (a) The noncompliance has no impact 30118 and 30120. (202) 366–5304, facsimile (202) 366– on headlamp performance: The NHTSA notes that the statutory 3081. mismarked headlamps are the correct provisions (49 U.S.C. 30118(d) and SUPPLEMENTARY INFORMATION: headlamps for the affected vehicles and 30120(h)) that permit manufacturers to I. Overview: Hyundai Motor America conform to all applicable FMVSS file petitions for a determination of (Hyundai), has determined that certain photometric and other requirements. In inconsequentiality allow NHTSA to model year (MY) 2015 Hyundai Sonata a recent decision involving similar facts, exempt manufacturers only from the motor vehicles do not fully comply with NHTSA granted an inconsequentiality duties found in sections 30118 and paragraph S6.5.3.4.1 of Federal Motor petition involving a noncompliant bulb 30120, respectively, to notify owners, Vehicle Safety Standard (FMVSS) No. marking because the use of the purchasers, and dealers of a defect or 108, Lamps, Reflective Devices, and mismarked bulb would ‘‘not create a noncompliance and to remedy the Associated Equipment. Hyundai filed a noncompliance with any of the ethrower on DSK3G9T082PROD with NOTICES defect or noncompliance. Therefore, this noncompliance information report headlamp performance requirements of decision only applies to the subject dated February 5, 2017, Defect and FMVSS No. 108 or otherwise present an vehicles that VTNA no longer controlled Noncompliance Responsibility and increased risk to motor vehicle safety.’’ at the time it determined that the Reports. Hyundai also petitioned Osram Sylvania Products, Inc., grant of noncompliance existed. However, the NHTSA on February 3, 2017, pursuant petition for decision of Inconsequential granting of this petition does not relieve to 49 U.S.C. 30118(d) and 30120(h) and Noncompliance, 78 FR 22943, 22944 vehicle distributors and dealers of the 49 CFR part 556, for an exemption from (Dep’t of Trans. Apr. 17, 2013). VerDate Sep<11>2014 17:50 Oct 17, 2017 Jkt 244001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\18OCN1.SGM 18OCN1


Document Created: 2017-10-18 01:37:33
Document Modified: 2017-10-18 01:37:33
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 48572 
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