Newell Coach Corporation, Grant of Petition for Decision of Inconsequential Noncompliance, 27478-27479 [2013-11093]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 27478 Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Notices 69 FR 31306 (June 3, 2004). In the preamble to the 2002 final rule, the agency identified the safety problem which prompted the issuance of the rule. 67 FR at 69602, 69606, and 69610. The agency explained that when tires are mounted so that the TIN appears on the inward facing sidewalls, motorists have three difficult and inconvenient options for locating and recording the TINs. Consumers must either: (1) Slide under the vehicle with a flashlight, pencil and paper and search the inside sidewalls for the TINs; (2) remove each tire, find and record the TIN, and then replace the tire; or (3) enlist the aid of a garage or service station that can perform option 1 or place the vehicle on a vehicle lift so that the TINs can be found and recorded. Without any TIN information on the outboard sidewalls of tires, the difficulty and inconvenience of obtaining the TIN by consumers results in a reduction of the number of people who respond to a tire recall campaign and the number of motorists who unknowingly continue to drive vehicles with potentially unsafe tires. Pirelli suggests that this noncompliance does not preclude motorists from checking the inboard sidewall if the TIN is not found on the outboard sidewall. However, since asymmetric tires are specially constructed for certain performance parameters, and the TIN is marked on the intended outboard sidewall, the Agency agrees that it is extremely unlikely that the tires will be mismounted with the inboard sidewall facing outboard. However, even though FMVSS No. 139 now requires TIN markings on both sidewalls of a tire so that consumers can readily determine if a tire is subject to a safety recall, in this case it is extremely unlikely that one or more of the asymmetric tires will be incorrectly mounted with the intended outboard sidewall facing inboard. NHTSA Decision: In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Pirelli’s petition is hereby granted. 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, VerDate Mar<15>2010 18:05 May 09, 2013 Jkt 229001 these provisions only apply to the 30,8812 vehicles that Pirelli no longer controlled at the time it determined that the noncompliance existed. Authority: (49 U.S.C. 30118, 30120: delegations of authority at CFR 1.95 and 501.8) Issued on: May 1, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–11091 Filed 5–9–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2008–0210; Notice 2] Newell Coach Corporation, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Grant of petition. AGENCY: Newell Coach Corporation (Newell) has determined that certain motor homes that it manufactured between June 17, 1996 and August 26, 2008, do not fully comply with paragraph S5.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 120 Tire Selection and Rims for Motor Vehicles with a GVWR of More than 4,536 Kilograms (10,000 pounds). Newell filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports on September 9, 2008. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR Part 556, Newell 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. Notice of receipt of the petition was published, with a 30-day public comment period, on December 19, 2008 in the Federal Register (73 FR 77876). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site SUMMARY: 2 Pirelli’s petition, which was filed under 49 CFR part 556, requests an agency decision to exempt Pirelli as a Tire manufacturer from the notification and recall responsibilities of 49 CFR part 573 for the 30,881 affected tires. However, a decision on this petition cannot relieve tire distributors and dealers of the prohibitions on the sale, offer for sale, introduction or delivery for introduction into interstate commerce of the noncompliant tires under their control after Pirelli notified them that the subject noncompliance existed. PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 at: https://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2008– 0210.’’ Contact Information: For further information on this decision, contact Mr. John Finneran, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–0654, facsimile (202) 366–5930. Tires Involved: Affected are approximately 456 motor homes manufactured by Newell between June 17, 1996 and August 26, 2008. Newell explains that the noncompliance is that the tire and rim information lettering engraved on the vehicles’ certification labels1 is only 1.8 millimeters high, as opposed to the 2.4 millimeter height required under paragraph S5.3 of FMVSS No. 120. Summary of Newell’s Petition: Newell stated that it discovered the noncompliance after investigating an inquiry from National Highway Traffic Safety Administration (NHTSA) concerning readability of the tire and rim information on the vehicles’ certification labels. Newell argues that while the required tire and rim information lettering is only 0.6 mm (about 1/45 of an inch) shorter than the 2.4 mm height required by the standard that it creates no risk to motor vehicle safety. Newell believes that all of the relevant information is set forth on the certification label, and that it is easily readable. Newell further states that for vehicles manufactured from 2002 through 2008, if an operator has difficulty reading the information on the certification label, the tire inflation information is available in the owner’s manuals provided with the vehicles. Newell additionally stated that it has provided tire inflation information in the Newell’s News, a newsletter that Newell sends to its customers. Newell also points out that the rim size and type are marked on the wheels of the vehicle, and the tire designation is marked on the tires themselves, thus providing a further source for most of the information required by the standard. Newell also believes that NHTSA has previously granted at least one petition for inconsequential noncompliance where the facts were almost identical to those stated in this petition. Moreover, Newell believes that on numerous occasions NHTSA has granted petitions 1 49 CFR Part 567 states the requirements for the certification label. FMVSS No. 120 states the requirements for tire and rim information included on a certification label. E:\FR\FM\10MYN1.SGM 10MYN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Notices for inconsequential noncompliance where there has been a complete omission of required tire and/or rim information on the certification label. Finally, Newell notes that these vehicles have been on the road for up to 12 years, and the company has not received any consumer complaints regarding an inability to read the tire and rim information on the certification label. Newell also stated that it has corrected the problem that caused these errors so that they will not be repeated in future production. In summation, Newell states that it believes that because the noncompliances are inconsequential to motor vehicle safety that no corrective action is warranted. NHTSA’s Analysis and Decision: Section 5.3 of FMVSS 120 specifically states: S5.3 Each vehicle shall show the information specified in S5.3.1 and S5.3.2 and, in the case of a vehicle equipped with a non-pneumatic spare tire, the information specified in S5.3.3, in the English language, lettered in block capitals and numerals not less than 2.4 millimeters high and in the format set forth following this paragraph. This information shall appear either—(a) and (b) . . . NHTSA notes that the certification labels in question are constructed of clear polymer plates that are 3 mm in thickness. Lettering is engraved on the reverse side of the label plate. While the size of the lettering as measured on the back side of the label is only 1.8 mm in height, its apparent height when viewed from the front (intended viewing side) of the label is 2 mm. The agency agrees with Newell that the certification labels on the subject vehicles are likely to achieve the safety purpose of the tire and rim labeling. First, the tire size, and cold inflation pressure information required by FMVSS No. 120 is correct and contained in the label, and maximum inflation pressure is marked on the tires and the rim size is marked on the rims. Second, based on NHTSA’s inspection of the sample nonconforming label provided by Newell, the letters can be easily read. Third, while NHTSA does not agree with Newell’s assertion that the owner’s manuals and newsletters provide all the information described by Newell, the information provided does supplement the information provided on the subject label. Lastly, NHTSA has elected to not address Newell’s assertions on previous petitions for inconsequential noncompliance. In consideration of the foregoing, NHTSA has determined that Newell has VerDate Mar<15>2010 18:05 May 09, 2013 Jkt 229001 met its burden of persuasion that the subject FMVSS No. 120 labeling noncompliance is inconsequential to motor vehicle safety. Accordingly, Newell’s petition is hereby granted, and Newell is exempted from the obligation of providing notification of, and a remedy for, the subject 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 approximately 456 vehicles that Newell no longer controlled at the time that it determined that a noncompliance existed in the subject vehicles. 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 Newell notified them that the subject noncompliance existed. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.95 and 501.8. Issued on: May 1, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–11093 Filed 5–9–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Research and Innovative Technology Administration [Docket Number RITA–2008–0002] Notice of Request for Approval To Continue To Collect New Information: Confidential Close Call Reporting System Bureau of Transportation Statistics (BTS), Research and Innovative Technology Administration (RITA), U.S. Department of Transportation. ACTION: Notice and request for comments. AGENCY: In accordance with the requirements of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, this notice announces that the Bureau of Transportation Statistics (BTS) intends to request the Office of Management and SUMMARY: PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 27479 Budget (OMB) renew the information collection request for the Close Calls project. This data collection effort is in support of a five-year research study aiming at improving rail safety by analyzing information on close calls and other unsafe occurrences in the rail industry. The ongoing research study is conducted by the Office of Human Factors in the Federal Railroad Administration and is designed to identify safety issues and propose corrective actions based on voluntary reports of close calls submitted to BTS. This collection is necessary because data on close calls are not normally reported to the railroad carriers or the Federal Railroad Administration. Continuous data collection for this research project is necessary to develop trends about rail safety and to improve railroad safety on an ongoing basis. DATES: Comments must be received by July 9, 2013. ADDRESSES: To ensure that your comments are not entered more than once into the docket, submit comments by only one of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the instructions for sending your comments electronically. Docket Number: RITA–2008–2002. • Mail: Docket Management Facility (DMF), U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: Deliver to mail address above between 9 a.m. and 5 p.m. EST, Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. Identify all transmission with ‘‘Docket Number RITA–2008–0002’’ at the beginning of each page of the document. Instructions: All comments must include the agency name and docket number for this notice. Paper comments should be submitted in duplicate. The DMF is open for examination and copying, at the above address from 9 a.m. to 5 p.m. EST, Monday through Friday, except Federal holidays. If you wish to receive confirmation of receipt of your written comments, please include a self-addressed, stamped postcard with the following statement: ‘‘Comments on Docket RITA–2008– 0002.’’ The Docket Clerk will date stamp the postcard prior to returning it to you via the U.S. mail. Please note that all comments received, including any personal information, will be posted and will be available on the Internet users, without change, at www.regulations.gov. You may review E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Notices]
[Pages 27478-27479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11093]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0210; Notice 2]


Newell Coach Corporation, Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Grant of petition.

-----------------------------------------------------------------------

SUMMARY: Newell Coach Corporation (Newell) has determined that certain 
motor homes that it manufactured between June 17, 1996 and August 26, 
2008, do not fully comply with paragraph S5.3 of Federal Motor Vehicle 
Safety Standard (FMVSS) No. 120 Tire Selection and Rims for Motor 
Vehicles with a GVWR of More than 4,536 Kilograms (10,000 pounds). 
Newell filed an appropriate report pursuant to 49 CFR Part 573, Defect 
and Noncompliance Responsibility and Reports on September 9, 2008.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR Part 556, Newell 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. Notice of receipt of the 
petition was published, with a 30-day public comment period, on 
December 19, 2008 in the Federal Register (73 FR 77876). 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-2008-0210.''
    Contact Information: For further information on this decision, 
contact Mr. John Finneran, Office of Vehicle Safety Compliance, the 
National Highway Traffic Safety Administration (NHTSA), telephone (202) 
366-0654, facsimile (202) 366-5930.
    Tires Involved: Affected are approximately 456 motor homes 
manufactured by Newell between June 17, 1996 and August 26, 2008. 
Newell explains that the noncompliance is that the tire and rim 
information lettering engraved on the vehicles' certification labels\1\ 
is only 1.8 millimeters high, as opposed to the 2.4 millimeter height 
required under paragraph S5.3 of FMVSS No. 120.
---------------------------------------------------------------------------

    \1\ 49 CFR Part 567 states the requirements for the 
certification label. FMVSS No. 120 states the requirements for tire 
and rim information included on a certification label.
---------------------------------------------------------------------------

    Summary of Newell's Petition: Newell stated that it discovered the 
noncompliance after investigating an inquiry from National Highway 
Traffic Safety Administration (NHTSA) concerning readability of the 
tire and rim information on the vehicles' certification labels.
    Newell argues that while the required tire and rim information 
lettering is only 0.6 mm (about 1/45 of an inch) shorter than the 2.4 
mm height required by the standard that it creates no risk to motor 
vehicle safety. Newell believes that all of the relevant information is 
set forth on the certification label, and that it is easily readable.
    Newell further states that for vehicles manufactured from 2002 
through 2008, if an operator has difficulty reading the information on 
the certification label, the tire inflation information is available in 
the owner's manuals provided with the vehicles.
    Newell additionally stated that it has provided tire inflation 
information in the Newell's News, a newsletter that Newell sends to its 
customers. Newell also points out that the rim size and type are marked 
on the wheels of the vehicle, and the tire designation is marked on the 
tires themselves, thus providing a further source for most of the 
information required by the standard.
    Newell also believes that NHTSA has previously granted at least one 
petition for inconsequential noncompliance where the facts were almost 
identical to those stated in this petition. Moreover, Newell believes 
that on numerous occasions NHTSA has granted petitions

[[Page 27479]]

for inconsequential noncompliance where there has been a complete 
omission of required tire and/or rim information on the certification 
label.
    Finally, Newell notes that these vehicles have been on the road for 
up to 12 years, and the company has not received any consumer 
complaints regarding an inability to read the tire and rim information 
on the certification label.
    Newell also stated that it has corrected the problem that caused 
these errors so that they will not be repeated in future production.
    In summation, Newell states that it believes that because the 
noncompliances are inconsequential to motor vehicle safety that no 
corrective action is warranted.
    NHTSA's Analysis and Decision: Section 5.3 of FMVSS 120 
specifically states:
    S5.3 Each vehicle shall show the information specified in S5.3.1 
and S5.3.2 and, in the case of a vehicle equipped with a non-pneumatic 
spare tire, the information specified in S5.3.3, in the English 
language, lettered in block capitals and numerals not less than 2.4 
millimeters high and in the format set forth following this paragraph. 
This information shall appear either--(a) and (b) . . .
    NHTSA notes that the certification labels in question are 
constructed of clear polymer plates that are 3 mm in thickness. 
Lettering is engraved on the reverse side of the label plate. While the 
size of the lettering as measured on the back side of the label is only 
1.8 mm in height, its apparent height when viewed from the front 
(intended viewing side) of the label is 2 mm.
    The agency agrees with Newell that the certification labels on the 
subject vehicles are likely to achieve the safety purpose of the tire 
and rim labeling. First, the tire size, and cold inflation pressure 
information required by FMVSS No. 120 is correct and contained in the 
label, and maximum inflation pressure is marked on the tires and the 
rim size is marked on the rims. Second, based on NHTSA's inspection of 
the sample nonconforming label provided by Newell, the letters can be 
easily read. Third, while NHTSA does not agree with Newell's assertion 
that the owner's manuals and newsletters provide all the information 
described by Newell, the information provided does supplement the 
information provided on the subject label. Lastly, NHTSA has elected to 
not address Newell's assertions on previous petitions for 
inconsequential noncompliance.
    In consideration of the foregoing, NHTSA has determined that Newell 
has met its burden of persuasion that the subject FMVSS No. 120 
labeling noncompliance is inconsequential to motor vehicle safety. 
Accordingly, Newell's petition is hereby granted, and Newell is 
exempted from the obligation of providing notification of, and a remedy 
for, the subject 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 approximately 456 vehicles that Newell no longer 
controlled at the time that it determined that a noncompliance existed 
in the subject vehicles. 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 Newell notified them that the subject noncompliance existed.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.95 and 501.8.

    Issued on: May 1, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-11093 Filed 5-9-13; 8:45 am]
BILLING CODE 4910-59-P
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