Spartan Motors Chassis, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 6190 [2012-2664]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Notices]
[Page 6190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2664]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0003; Notice 1]


Spartan Motors Chassis, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition.

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SUMMARY: Spartan Motors Chassis, Inc.,\1\ (Spartan), has determined 
that model year 2011 and 2012 model MM, K2, K3, and SU incomplete 
vehicles manufactured between January 28, 2011 and June 28, 2011, do 
not fully comply with paragraph S5.1.4 of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 121, Air Brake Systems. Spartan has filed an 
appropriate report pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports (dated July 13, 2011).
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    \1\ Spartan Motors Chassis, Inc., is a manufacturer of 
incomplete vehicles and is registered under the laws of the state of 
Michigan.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Spartan has petitioned for an exemption from the 
notification and remedy requirements of 49 U.S.C. chapter 301 on the 
basis that this noncompliance is inconsequential to motor vehicle 
safety.
    This notice of receipt of Spartan'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.
    Affected are approximately 312 model year 2011 and 2012 model MM, 
K2, K3, and SU incomplete vehicles manufactured between January 28, 
2011 and June 28, 2011.
    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, these provisions 
only apply to the subject 312 \2\ model year 2011 and 2012 incomplete 
vehicles that Spartan no longer controlled at the time it determined 
that the noncompliance existed.
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    \2\ Spartan's petition, which was filed under 49 CFR Part 556, 
requests an agency decision to exempt Spartan as a vehicle 
manufacturer from the notification and recall responsibilities of 49 
CFR part 573 for 312 of the affected vehicles. However, a decision 
on this petition cannot relieve vehicle distributors and dealers of 
the prohibitions on the sale, offer for sale, introduction or 
delivery for introduction into interstate commerce of the 
noncompliant vehicles under their control after Spartan notified 
them that the subject noncompliance existed.
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    Paragraph S5.1 of FMVSS No. 121 requires in pertinent part:

S5.1 Required equipment for trucks and buses. Each truck and bus 
shall have the following equipment: * * *

    S5.1.4 Pressure gauge. A pressure gauge in each service brake 
system, readily visible to a person seated in the normal driving 
position, that indicates the service reservoir system air pressure. 
The accuracy of the gauge shall be within plus or minus 7 percent of 
the compressor cut-out pressure. * * *

    Spartan explains that the noncompliance is that the accuracy of the 
air gauges used in the air brake systems on the subject vehicles do not 
meet the accuracy requirements identified in FMVSS No. S5.1.4.
    Spartan explains that the air brake systems operate as designed and 
meet all other applicable requirements of FMVSS No. 121. In this case, 
the operator may not be able to detect, by way of the air gauges, the 
variation between the physical cut out pressure of the air compressor 
versus what is shown on the gauge. Air pressure within the air systems 
is controlled by an air governor that is independent of the gauges 
therefore rendering the gauges as only an indicator to the operator.
    Spartan additionally states that it has corrected the gauge 
calibration so that future production will not contain the subject 
noncompliance.
    In summation, Spartan believes that the described noncompliance of 
its vehicles is inconsequential to motor vehicle safety, and that its 
petition, to exempt from providing recall notification of noncompliance 
as required by 49 U.S.C. 30118 and remedying the recall noncompliance 
as required by 49 U.S.C. 30120 should be granted.
    Comments: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods:
    a. 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.
    b. By hand delivery 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 am to 5 pm except Federal Holidays.
    c. 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 1-(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 your comments 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.
    Documents submitted to a 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. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: March 8, 2012.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: January 30, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-2664 Filed 2-6-12; 8:45 am]
BILLING CODE 4910-59-P