Adrian Steel Company, Grant of Petition for Decision of Inconsequential Noncompliance, 45600-45602 [2013-18050]
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Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Notices
9. Executive Orders Relating to Highway
Projects
1976, as amended, 16 U.S.C. 1801 et
seq., with Essential Fish Habitat
requirements at 1855(b)(1)(B)
4. Historic and Cultural Resources
• Section 106 of the National Historic
Preservation Act of 1966, as amended,
16 U.S.C. 470(f) et seq.
• 23 U.S.C. 138 and Section 4(f) of the
Department of Transportation Act of
1966, 49 U.S.C. 303 and
implementing regulations at 23 CFR
Part 774
• Archeological Resources Protection
Act of 1977, 16 U.S.C. 470(aa)–11
• Archeological and Historic
Preservation Act of 1966, as amended,
16 U.S.C. 469–469(c)
• Native American Grave Protection
and Repatriation Act (NAGPRA), 25
U.S.C. 3001–30131
5. Social and Economic Impacts
• American Indian Religious Freedom
Act, 42 U.S.C. 19961
• Farmland Protection Policy Act
(FPPA), 7 U.S.C. 4201–4209
6. Water Resources and Wetlands
• Clean Water Act, 33 U.S.C. 1251–1377
¥ Section 404, Section 401, Section 319
• Coastal Barrier Resources Act, 16
U.S.C. 3501–3510
• Coastal Zone Management Act, 16
U.S.C. 1451–1465
• Safe Drinking Water Act (SDWA), 42
U.S.C. 300f–300j–6
• Section 10 of the Rivers and Harbors
Act of 1899, 33 U.S.C. 401–406
• Section 9 of the Rivers and Harbors
Act of 1899,(General Bridge Act)
Navigability Determinations and
Lighting Exemption Waivers
• Wild and Scenic Rivers Act, 16 U.S.C.
1271–1287
• Emergency Wetlands Resources Act,
16 U.S.C. 3921, 3931
• TEA–21 Wetlands Mitigation, 23
U.S.C. 103(b)(6)(m), 133 (b)(11)
• Flood Disaster Protection Act, 42
U.S.C. 4001–4128
7. Parklands
• Section 4(f) of the Department of
Transportation Act of 1966, 49 U.S.C.
303
• Land and Water Conservation Fund
(LWCF) Act, 16 U.S.C. 4601–4
mstockstill on DSK4VPTVN1PROD with NOTICES
8. Hazardous Materials
• Comprehensive Environmental
Response, Compensation, and
Liability Act (CERCLA), 42 U.S.C.
9601–9675
• Superfund Amendments and
Reauthorization Act of 1986 (SARA)
• Resource Conservation and Recovery
Act (RCRA), 42 U.S.C. 6901–6992k
VerDate Mar<15>2010
18:00 Jul 26, 2013
Jkt 229001
• E.O. 11990, Protection of Wetlands
• E.O. 11988, Floodplain Management
• E.O. 12898, Federal Actions To
Address Environmental Justice in
Minority Populations and Low
Income Populations
• E.O. 13112, Invasive Species
The MOU would allow the State to act
in the place of the FHWA in carrying
out the functions described above,
except with respect to government-togovernment consultations with
federally-recognized Indian tribes. The
FHWA will retain responsibility for
conducting formal government-togovernment consultation with federally
recognized Indian tribes, which is
required under some of the listed laws
and executive orders. The State will
continue to handle routine
consultations with the tribes and
understands that a tribe has the right to
direct consultation with the FHWA
upon request. The State also may assist
the FHWA with formal consultations,
with consent of a tribe, but the FHWA
remains responsible for the
consultation.
A copy of the proposed MOU may be
viewed on the DOT DMS Docket, as
described above, or may be obtained by
contacting the FHWA or the State at the
addresses provided above. A copy also
may be viewed on the State’s Web site
at www.txdot.gov.
The FHWA Texas Division, in
consultation with FHWA Headquarters,
will consider the comments submitted
when making its decision on the
proposed MOU revision. Any final
MOU approved by FHWA may include
changes based on comments and
consultations relating to the proposed
MOU. Once the FHWA makes a
decision on the proposed MOU, the
FHWA will place in the DOT DMS
Docket a statement describing the
outcome of the decision-making process
and a copy of any final MOU. Copies of
those documents also may be obtained
by contacting the FHWA or the State at
the addresses provided above, or by
viewing the documents at the State’s
Web site at www.txdot.gov.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 326; 42 U.S.C. 4331,
4332; 23 CFR 771.117; 40 CFR 1507.3,
1508.4.
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Issued on: July 24, 2013.
Michael T. Leary,
Director of Planning and Program
Development, FHWA, Austin, Texas.
[FR Doc. 2013–18115 Filed 7–26–13; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2008–0176; Notice 2]
Adrian Steel Company, Grant of
Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of petition grant.
AGENCY:
Adrian Steel Company
(Adrian), on behalf of Commercial
Truck and Van Equipment, Inc. (CTV),
determined that certain Model Year
2006–2008 incomplete vehicles that
CTV completed as trucks did not fully
comply with paragraphs S4.3(a), S4.3(c)
and S4.3(d) of 49 CFR 571.110, Federal
Motor Vehicle Safety Standard (FMVSS)
No. 110, Tire Selection and Rims for
Motor Vehicles with a GVWR of 4,536
Kilograms (10,000 pounds) or Less.
Adrian has filed an appropriate report
dated June 10, 2008 pursuant to 49 CFR
Part 573, Defect and Noncompliance
Responsibility and Reports.
Pursuant to 49 U.S.C. 30118(d) and
30120(h), and 49 CFR Part 556, on June
10, 2008, Adrian submitted a petition
for an exemption from the notification
and remedy requirements of 49 U.S.C.
30118 and 30120 on the basis that this
noncompliance is inconsequential to
motor vehicle safety. NHTSA published
a notice of receipt of the petition, with
a 30-day public comment period, on
December 10, 2008, in the Federal
Register, 73 FR 75171. In response to
the petition, NHTSA did not receive any
comments. 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–2008–0176.’’
FOR FURTHER INFORMATION CONTACT: For
further information on this decision,
contact Mr. Harry Thompson, Office of
Vehicle Safety Compliance, the National
Highway Traffic Safety Administration
(NHTSA), telephone (202) 366–5289,
facsimile (202) 366–5930.
Relevant Requirements of FMVSS No.
110: Among other things, FMVSS No.
110 requires certain information to be
specified on the tire and loading
SUMMARY:
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Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Notices
information placard. The required
information includes the vehicle
capacity weight expressed as ‘‘The
combined weight of occupants and
cargo should never exceed XXX
kilograms or XXX pounds’’, the vehicle
manufacturer’s recommended cold tire
inflation pressure for front, rear, and
spare tires, and the tire size designation,
including spare tires.
Vehicles Involved: Affected are
approximately 7,761 Model Years 2006–
2008 General Motors Chevrolet Cargo
Uplander GMT201 platform incomplete
vehicles that CTV, as the final stage
manufacturer, completed as trucks. CTV
completed these vehicles during the
period September 1, 2005 through June
4, 2008.
Summary of Adrian’s Petition: Adrian
explained that several noncompliances
with FMVSS No. 110 exist due to errors
and omissions on the tire and loading
information placard that it affixed to the
vehicles. Adrian identified the
noncompliances as follows:
1. Paragraph S4.3(a) requires that the
vehicle capacity weight be stated on the
vehicle tire and loading information
placard in Metric and English units. The
Metric value (646 kg) is correct but the
English conversion value (5,797 lb) is
not correct.
2. Paragraph S4.3(c) requires that the
recommended tire inflation pressures be
stated on the vehicle tire and loading
information placard for the original tires
including the spare tire, and, by the
example in FMVSS No. 110 (Figure 1),
be stated in both Metric (KPA) and
English (PSI) units. The inflation
pressures on the vehicle tire and loading
information placard appear to be the
English value only with no units
identified, and no inflation pressure is
provided for the spare tire.
3. Paragraph S4.3(d) requires that the
original tire sizes (including the spare)
be stated on the vehicle tire and loading
information placard. The information in
the tire size column is rim size
information, rather than the tire size.
NHTSA notes that no tire size
information is provided for the spare
tire.
Furthermore, 49 CFR Part 567,
Certification requires that the vehicle
type classification (e.g., truck,
multipurpose passenger vehicle, bus,
trailer) be specified on the vehicle
certification label. The certification
labels specify a vehicle type
classification of ‘‘Van’’ which is not a
classification type recognized by the
agency.
Summary of why Adrian Steel
believes that the identified
noncompliances are inconsequential to
motor vehicle safety:
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18:00 Jul 26, 2013
Jkt 229001
Adrian Steel believes that the tire and
loading information placard is
duplicated by the vehicle certification
label (required by 49 CFR Part 567)
because it also provides the appropriate
information for an owner to understand
tire inflation pressures, tire size and
load ratings. Specifically:
1. 49 CFR 571.110, paragraph S4.3(a)
requires that the vehicle capacity weight
be stated on the tire and loading
information placard in Metric and
English units. Although the English
units had been converted incorrectly
(listed at 5797 lbs.), the Metric measure,
646 kg, was correct on the tire and
loading information placard. Also, the
vehicle certification label correctly
identifies the GVWR so that the safe
gross vehicle weight rating is clearly
identified. Furthermore, Adrian sent
8076 postcards to the owners of affected
vehicles, based on addresses provided
by R.L. Polk. The postcards stated that
the vehicle capacity weight in English
units was 1,425 pounds rather than
5,797 pounds as stated on the placard.
Only 26 postcards were returned as
undeliverable.
2. 49 CFR 571.110, paragraph S4.3(c)
requires that the recommended tire
inflation pressures be stated on the tire
and loading information placard for the
original tires, in both Metric and English
units. The inflation pressure of ‘‘35’’
was identified on the tire and loading
information placard but the unit of
measure was not included; however, it
is included on the vehicle certification
label, which is mounted on the vehicle’s
B pillar adjacent to the tire and loading
information placard. Since the tire
inflation pressure is clearly identified
on the vehicle certification label, the
information is available to the owner.
3. 49 CFR 571.110, paragraph S4.3(d)
requires that the original tire sizes be
stated on the tire and loading
information placard. Adrian placed the
rim size on the tire and loading
information placard, rather than the tire
size. However, the tire size is clearly
identified on the vehicle certification
label along with the rim size. In
addition, it would be impossible to
mount a tire on the vehicle using the
rim numbers as a tire size.
4. The vehicle certification label
which is mounted on the vehicle next
to the tire and loading information
placard contained the correct English
and Metric information for tire size, tire
pressure, and GVWR but had a vehicle
type identified as ‘‘van’’ rather than
‘‘truck’’. While this classification ‘‘van’’
is not recognized by the agency, Adrian
believes that this is inconsequential to
motor vehicle safety.
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Fmt 4703
Sfmt 4703
45601
Adrian stated that its Customer Care
Center has never received a call or
communication of any type with regard
to the tire and loading information
placard or the vehicle certification label.
Adrian first became aware of the
noncompliance when it was contacted
by NHTSA in response to a vehicle
inspection conducted by NHTSA.
Adrian also informed NHTSA that it
has corrected the problem that caused
these errors so that they will not be
repeated in future production.
In summation, Adrian states that it
believes that the described
noncompliances of certain Model Year
2006–2008 incomplete vehicles that
CTV completed as trucks are
inconsequential to motor vehicle safety,
and that its petition to exempt it from
providing notification of the
noncompliances as required by 49
U.S.C. 30118, and remedying the
noncompliances as required by 49
U.S.C. 30120, should be granted.
NHTSA’s Consideration of Adrian’s
Inconsequentiality Petition:
General Principles: Federal motor
vehicle safety standards are adopted
only after the agency has determined,
following notice and comment, that the
standards are objective and practicable
and ‘‘meet the need for motor vehicle
safety.’’ See 49 U.S.C. 30111(a). Thus,
there is a general presumption that the
failure of a motor vehicle or item of
motor vehicle equipment to comply
with a FMVSS increases the risk to
motor vehicle safety beyond the level
deemed appropriate by NHTSA through
the rulemaking process. To protect the
public from such risks, manufacturers
whose products fail to comply with a
FMVSS are normally required to
conduct a safety recall under which
they must notify owners, purchasers,
and dealers of the noncompliance and
provide a remedy without charge. 49
U.S.C. 30118–30120.
However, Congress has recognized
that, under some limited circumstances,
a noncompliance could be
‘‘inconsequential’’ to motor vehicle
safety. ‘‘Inconsequential’’ is not defined
either in the statute or in NHTSA’s
regulations. Rather, the agency
determines whether a particular noncompliance is inconsequential to motor
vehicle safety based on the specific facts
before it. The key issue in determining
inconsequentiality is whether the
noncompliance in question is likely to
increase the safety risk to individuals of
accidents or to individual occupants
who experience the type of injurious
event against which the standard was
designed to protect. See General Motors
Corp.; Ruling on Petition for
Determination of Inconsequential
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45602
Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Notices
Noncompliance, 69 FR 19897 (Apr. 14,
2004).
The intent of FMVSS No. 110 is to
ensure that vehicles are equipped with
tires that are properly inflated to handle
maximum vehicle loads and relevant
information to prevent overloading. The
display of correct information required
by paragraphs S4.3(a), S4.3(c) and
S4.3(d) of FMVSS No. 110 provides
important information to assist owners
and operators in determining safe
vehicle loading limits, tire and rim
combinations and tire inflation
pressures. As discussed below, the
missing or incorrect information on the
tire and loading placard is available on
the adjacent certification label and from
the sidewall of the spare tire provided
with these vehicles. In addition, as
noted above, the noncompliant vehicles
are trucks manufactured by CVT based
on 2006–2008 Chevrolet Uplander
incomplete vehicles. They have a driver
and a right hand passenger seat and are
used for transporting cargo. The
commercial operators of these vehicles
are unlikely to be confused by the
missing or incorrect information on the
vehicle placard. Furthermore, NHTSA
has not received any consumer
complaints or field reports regarding the
subject labels or associated loading
issues.
The vehicle capacity weight (S4.3(a))
is directly related to how a motorist
might load a vehicle. Vehicle capacity
weight is ‘‘the rated cargo and luggage
load plus 68 kilograms [150 lbs.] times
the vehicle’s designated seating
capacity.’’ 49 CFR 571.110 S3. The
metric value for the vehicle capacity
weight is correctly specified on the
vehicle placard as 646 kg, which equals
1,421 lbs. However, the vehicle capacity
weight value stated in pounds as 5,797
lbs. is incorrect, and is much higher
than the actual vehicle capacity weight.
It is almost the same as the vehicle’s
gross vehicle weight rating (GVWR) of
5,842 lb., which is correctly identified
on the certification label. Accordingly,
the English unit vehicle capacity weight
value is clearly in error. In the overall
context, the agency believes the GVWR
value provides sufficient information to
the commercial operator such that the
vehicles will not be inadvertently
overloaded. The subject vehicles are
manufactured for commercial use and
the agency believes that commercial
vehicle operators have a better
understanding than non-commercial
operators that the certified GVWR
values are ratings not to be exceeded.
Thus, if the commercial vehicle operator
follows the metric vehicle capacity
weight value and loads 646 kg of weight
into the vehicle the GVWR of the
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18:00 Jul 26, 2013
Jkt 229001
vehicle will not be exceeded.
Furthermore, if the operator utilizes the
English units value and begins to load
5,797 pounds of cargo into the vehicle,
the GVWR value of 5,842 pounds will
be reached after approximately 1,500
pounds of cargo are loaded into the
vehicle. This value is calculated based
on NHTSA’s test vehicle, by subtracting
the unloaded vehicle weight 4,039
pounds and 300 pounds for two
occupants from the vehicle’s GVWR
5,842 pounds equals 1,503 pounds. The
operator will understand not to exceed
the vehicle’s GVWR. In view of the
GVWR, the stated vehicle capacity
weight in pounds is way beyond a
plausible number and is unlikely to be
given serious consideration. Since the
correct vehicle capacity weight value is
provided in metric units on the tire and
loading information placard, the
adjacent certification label specifies the
vehicle’s correct GVWR, and these
vehicles are meant to be owned and
operated by commercial entities, the
agency believes it is unlikely the
erroneous English unit vehicle capacity
weight conversion value stated on the
vehicle placard will increase the safety
risk to the commercial operators of these
vehicles.
Recommended tire inflation pressure
(S4.3(c)) must be stated on the tire and
loading information placard for the
original tires, in both metric and English
units. The inflation pressure of ‘‘35’’
was identified on the tire and loading
information placard but the unit of
measure was not included. However,
the correct pressures both in metric and
English units are included on the
vehicle certification label, which is
mounted on the vehicle’s B pillar
adjacent to the tire and loading
information placard. The agency agrees
that since the tire inflation pressure is
clearly identified on the vehicle
certification label directly adjacent to
the tire loading and information placard
the inadvertent exclusion of the
inflation pressure units on the placard
will not likely cause an increased safety
risk to individuals.
Tire size designation (S4.3(d)) for the
tires installed as original equipment on
both the front and rear axles is required
to be stated on the tire and loading
information placard. Adrian
inadvertently placed the rim size on the
tire and loading information placard,
rather than the tire size. Nevertheless,
both the correct tire size and
corresponding rim size are clearly
identified on the adjacent vehicle
certification label. Thus, both tire size
and rim size are available to the vehicle
operator and it would be unlikely for
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
this error to cause an increased safety
risk to individuals.
Adrian did not include spare tire size
or inflation pressure information
required by S4.3(c) and (d)) on the
vehicle tire and loading information
placard. FMVSS No. 110 requires that
the spare tire included as original
equipment be specified on the placard,
or if no spare tire is provided the label
should specify ‘‘None.’’ NHTSA’s test
vehicle was equipped with a spare tire
size T135/70R16, but the affixed placard
spare tire entry was left blank. In the
agency’s judgment, this noncompliance
will not cause an increased safety risk
to individuals. In the event of a flat tire
the operator will have a spare tire that
is labeled with the proper inflation
pressure and has a sufficient load rating
for the vehicle’s front and rear Gross
Axle Weight Ratings.
The erroneous listing of the vehicle
type as ‘‘van’’ on the certification label
required by 49 CFR Part 567
Certification is considered a violation of
49 U.S.C. 30115, Certification, which
standing alone and without more does
not require notification or remedy.
Consequently, that portion of Adrian’s
inconsequentiality petition is moot.
Decision: In consideration of the
foregoing, NHTSA has decided that the
petitioner has met its burden of
persuasion that the noncompliances
described in its petition are
inconsequential to motor vehicle safety.
Accordingly, Adrian’s petition is hereby
granted, and the petitioner is not
required to notify owners, purchasers
and dealers pursuant to 49 U.S.C. 30118
and provide a remedy in accordance
with 49 U.S.C. 30120.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.95 and
501.8.
Issued on July 23, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013–18050 Filed 7–26–13; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
July 24, 2013.
The Department of the Treasury will
submit the following information
collection requests to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, Public Law 104–13, on or after the
date of publication of this notice.
E:\FR\FM\29JYN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 145 (Monday, July 29, 2013)]
[Notices]
[Pages 45600-45602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18050]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0176; Notice 2]
Adrian Steel Company, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of petition grant.
-----------------------------------------------------------------------
SUMMARY: Adrian Steel Company (Adrian), on behalf of Commercial Truck
and Van Equipment, Inc. (CTV), determined that certain Model Year 2006-
2008 incomplete vehicles that CTV completed as trucks did not fully
comply with paragraphs S4.3(a), S4.3(c) and S4.3(d) of 49 CFR 571.110,
Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection
and Rims for Motor Vehicles with a GVWR of 4,536 Kilograms (10,000
pounds) or Less. Adrian has filed an appropriate report dated June 10,
2008 pursuant to 49 CFR Part 573, Defect and Noncompliance
Responsibility and Reports.
Pursuant to 49 U.S.C. 30118(d) and 30120(h), and 49 CFR Part 556,
on June 10, 2008, Adrian submitted a petition for an exemption from the
notification and remedy requirements of 49 U.S.C. 30118 and 30120 on
the basis that this noncompliance is inconsequential to motor vehicle
safety. NHTSA published a notice of receipt of the petition, with a 30-
day public comment period, on December 10, 2008, in the Federal
Register, 73 FR 75171. In response to the petition, NHTSA did not
receive any comments. 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-2008-0176.''
FOR FURTHER INFORMATION CONTACT: For further information on this
decision, contact Mr. Harry Thompson, Office of Vehicle Safety
Compliance, the National Highway Traffic Safety Administration (NHTSA),
telephone (202) 366-5289, facsimile (202) 366-5930.
Relevant Requirements of FMVSS No. 110: Among other things, FMVSS
No. 110 requires certain information to be specified on the tire and
loading
[[Page 45601]]
information placard. The required information includes the vehicle
capacity weight expressed as ``The combined weight of occupants and
cargo should never exceed XXX kilograms or XXX pounds'', the vehicle
manufacturer's recommended cold tire inflation pressure for front,
rear, and spare tires, and the tire size designation, including spare
tires.
Vehicles Involved: Affected are approximately 7,761 Model Years
2006-2008 General Motors Chevrolet Cargo Uplander GMT201 platform
incomplete vehicles that CTV, as the final stage manufacturer,
completed as trucks. CTV completed these vehicles during the period
September 1, 2005 through June 4, 2008.
Summary of Adrian's Petition: Adrian explained that several
noncompliances with FMVSS No. 110 exist due to errors and omissions on
the tire and loading information placard that it affixed to the
vehicles. Adrian identified the noncompliances as follows:
1. Paragraph S4.3(a) requires that the vehicle capacity weight be
stated on the vehicle tire and loading information placard in Metric
and English units. The Metric value (646 kg) is correct but the English
conversion value (5,797 lb) is not correct.
2. Paragraph S4.3(c) requires that the recommended tire inflation
pressures be stated on the vehicle tire and loading information placard
for the original tires including the spare tire, and, by the example in
FMVSS No. 110 (Figure 1), be stated in both Metric (KPA) and English
(PSI) units. The inflation pressures on the vehicle tire and loading
information placard appear to be the English value only with no units
identified, and no inflation pressure is provided for the spare tire.
3. Paragraph S4.3(d) requires that the original tire sizes
(including the spare) be stated on the vehicle tire and loading
information placard. The information in the tire size column is rim
size information, rather than the tire size. NHTSA notes that no tire
size information is provided for the spare tire.
Furthermore, 49 CFR Part 567, Certification requires that the
vehicle type classification (e.g., truck, multipurpose passenger
vehicle, bus, trailer) be specified on the vehicle certification label.
The certification labels specify a vehicle type classification of
``Van'' which is not a classification type recognized by the agency.
Summary of why Adrian Steel believes that the identified
noncompliances are inconsequential to motor vehicle safety:
Adrian Steel believes that the tire and loading information placard
is duplicated by the vehicle certification label (required by 49 CFR
Part 567) because it also provides the appropriate information for an
owner to understand tire inflation pressures, tire size and load
ratings. Specifically:
1. 49 CFR 571.110, paragraph S4.3(a) requires that the vehicle
capacity weight be stated on the tire and loading information placard
in Metric and English units. Although the English units had been
converted incorrectly (listed at 5797 lbs.), the Metric measure, 646
kg, was correct on the tire and loading information placard. Also, the
vehicle certification label correctly identifies the GVWR so that the
safe gross vehicle weight rating is clearly identified. Furthermore,
Adrian sent 8076 postcards to the owners of affected vehicles, based on
addresses provided by R.L. Polk. The postcards stated that the vehicle
capacity weight in English units was 1,425 pounds rather than 5,797
pounds as stated on the placard. Only 26 postcards were returned as
undeliverable.
2. 49 CFR 571.110, paragraph S4.3(c) requires that the recommended
tire inflation pressures be stated on the tire and loading information
placard for the original tires, in both Metric and English units. The
inflation pressure of ``35'' was identified on the tire and loading
information placard but the unit of measure was not included; however,
it is included on the vehicle certification label, which is mounted on
the vehicle's B pillar adjacent to the tire and loading information
placard. Since the tire inflation pressure is clearly identified on the
vehicle certification label, the information is available to the owner.
3. 49 CFR 571.110, paragraph S4.3(d) requires that the original
tire sizes be stated on the tire and loading information placard.
Adrian placed the rim size on the tire and loading information placard,
rather than the tire size. However, the tire size is clearly identified
on the vehicle certification label along with the rim size. In
addition, it would be impossible to mount a tire on the vehicle using
the rim numbers as a tire size.
4. The vehicle certification label which is mounted on the vehicle
next to the tire and loading information placard contained the correct
English and Metric information for tire size, tire pressure, and GVWR
but had a vehicle type identified as ``van'' rather than ``truck''.
While this classification ``van'' is not recognized by the agency,
Adrian believes that this is inconsequential to motor vehicle safety.
Adrian stated that its Customer Care Center has never received a
call or communication of any type with regard to the tire and loading
information placard or the vehicle certification label.
Adrian first became aware of the noncompliance when it was
contacted by NHTSA in response to a vehicle inspection conducted by
NHTSA.
Adrian also informed NHTSA that it has corrected the problem that
caused these errors so that they will not be repeated in future
production.
In summation, Adrian states that it believes that the described
noncompliances of certain Model Year 2006-2008 incomplete vehicles that
CTV completed as trucks are inconsequential to motor vehicle safety,
and that its petition to exempt it from providing notification of the
noncompliances as required by 49 U.S.C. 30118, and remedying the
noncompliances as required by 49 U.S.C. 30120, should be granted.
NHTSA's Consideration of Adrian's Inconsequentiality Petition:
General Principles: Federal motor vehicle safety standards are
adopted only after the agency has determined, following notice and
comment, that the standards are objective and practicable and ``meet
the need for motor vehicle safety.'' See 49 U.S.C. 30111(a). Thus,
there is a general presumption that the failure of a motor vehicle or
item of motor vehicle equipment to comply with a FMVSS increases the
risk to motor vehicle safety beyond the level deemed appropriate by
NHTSA through the rulemaking process. To protect the public from such
risks, manufacturers whose products fail to comply with a FMVSS are
normally required to conduct a safety recall under which they must
notify owners, purchasers, and dealers of the noncompliance and provide
a remedy without charge. 49 U.S.C. 30118-30120.
However, Congress has recognized that, under some limited
circumstances, a noncompliance could be ``inconsequential'' to motor
vehicle safety. ``Inconsequential'' is not defined either in the
statute or in NHTSA's regulations. Rather, the agency determines
whether a particular non-compliance is inconsequential to motor vehicle
safety based on the specific facts before it. The key issue in
determining inconsequentiality is whether the noncompliance in question
is likely to increase the safety risk to individuals of accidents or to
individual occupants who experience the type of injurious event against
which the standard was designed to protect. See General Motors Corp.;
Ruling on Petition for Determination of Inconsequential
[[Page 45602]]
Noncompliance, 69 FR 19897 (Apr. 14, 2004).
The intent of FMVSS No. 110 is to ensure that vehicles are equipped
with tires that are properly inflated to handle maximum vehicle loads
and relevant information to prevent overloading. The display of correct
information required by paragraphs S4.3(a), S4.3(c) and S4.3(d) of
FMVSS No. 110 provides important information to assist owners and
operators in determining safe vehicle loading limits, tire and rim
combinations and tire inflation pressures. As discussed below, the
missing or incorrect information on the tire and loading placard is
available on the adjacent certification label and from the sidewall of
the spare tire provided with these vehicles. In addition, as noted
above, the noncompliant vehicles are trucks manufactured by CVT based
on 2006-2008 Chevrolet Uplander incomplete vehicles. They have a driver
and a right hand passenger seat and are used for transporting cargo.
The commercial operators of these vehicles are unlikely to be confused
by the missing or incorrect information on the vehicle placard.
Furthermore, NHTSA has not received any consumer complaints or field
reports regarding the subject labels or associated loading issues.
The vehicle capacity weight (S4.3(a)) is directly related to how a
motorist might load a vehicle. Vehicle capacity weight is ``the rated
cargo and luggage load plus 68 kilograms [150 lbs.] times the vehicle's
designated seating capacity.'' 49 CFR 571.110 S3. The metric value for
the vehicle capacity weight is correctly specified on the vehicle
placard as 646 kg, which equals 1,421 lbs. However, the vehicle
capacity weight value stated in pounds as 5,797 lbs. is incorrect, and
is much higher than the actual vehicle capacity weight. It is almost
the same as the vehicle's gross vehicle weight rating (GVWR) of 5,842
lb., which is correctly identified on the certification label.
Accordingly, the English unit vehicle capacity weight value is clearly
in error. In the overall context, the agency believes the GVWR value
provides sufficient information to the commercial operator such that
the vehicles will not be inadvertently overloaded. The subject vehicles
are manufactured for commercial use and the agency believes that
commercial vehicle operators have a better understanding than non-
commercial operators that the certified GVWR values are ratings not to
be exceeded. Thus, if the commercial vehicle operator follows the
metric vehicle capacity weight value and loads 646 kg of weight into
the vehicle the GVWR of the vehicle will not be exceeded. Furthermore,
if the operator utilizes the English units value and begins to load
5,797 pounds of cargo into the vehicle, the GVWR value of 5,842 pounds
will be reached after approximately 1,500 pounds of cargo are loaded
into the vehicle. This value is calculated based on NHTSA's test
vehicle, by subtracting the unloaded vehicle weight 4,039 pounds and
300 pounds for two occupants from the vehicle's GVWR 5,842 pounds
equals 1,503 pounds. The operator will understand not to exceed the
vehicle's GVWR. In view of the GVWR, the stated vehicle capacity weight
in pounds is way beyond a plausible number and is unlikely to be given
serious consideration. Since the correct vehicle capacity weight value
is provided in metric units on the tire and loading information
placard, the adjacent certification label specifies the vehicle's
correct GVWR, and these vehicles are meant to be owned and operated by
commercial entities, the agency believes it is unlikely the erroneous
English unit vehicle capacity weight conversion value stated on the
vehicle placard will increase the safety risk to the commercial
operators of these vehicles.
Recommended tire inflation pressure (S4.3(c)) must be stated on the
tire and loading information placard for the original tires, in both
metric and English units. The inflation pressure of ``35'' was
identified on the tire and loading information placard but the unit of
measure was not included. However, the correct pressures both in metric
and English units are included on the vehicle certification label,
which is mounted on the vehicle's B pillar adjacent to the tire and
loading information placard. The agency agrees that since the tire
inflation pressure is clearly identified on the vehicle certification
label directly adjacent to the tire loading and information placard the
inadvertent exclusion of the inflation pressure units on the placard
will not likely cause an increased safety risk to individuals.
Tire size designation (S4.3(d)) for the tires installed as original
equipment on both the front and rear axles is required to be stated on
the tire and loading information placard. Adrian inadvertently placed
the rim size on the tire and loading information placard, rather than
the tire size. Nevertheless, both the correct tire size and
corresponding rim size are clearly identified on the adjacent vehicle
certification label. Thus, both tire size and rim size are available to
the vehicle operator and it would be unlikely for this error to cause
an increased safety risk to individuals.
Adrian did not include spare tire size or inflation pressure
information required by S4.3(c) and (d)) on the vehicle tire and
loading information placard. FMVSS No. 110 requires that the spare tire
included as original equipment be specified on the placard, or if no
spare tire is provided the label should specify ``None.'' NHTSA's test
vehicle was equipped with a spare tire size T135/70R16, but the affixed
placard spare tire entry was left blank. In the agency's judgment, this
noncompliance will not cause an increased safety risk to individuals.
In the event of a flat tire the operator will have a spare tire that is
labeled with the proper inflation pressure and has a sufficient load
rating for the vehicle's front and rear Gross Axle Weight Ratings.
The erroneous listing of the vehicle type as ``van'' on the
certification label required by 49 CFR Part 567 Certification is
considered a violation of 49 U.S.C. 30115, Certification, which
standing alone and without more does not require notification or
remedy. Consequently, that portion of Adrian's inconsequentiality
petition is moot.
Decision: In consideration of the foregoing, NHTSA has decided that
the petitioner has met its burden of persuasion that the noncompliances
described in its petition are inconsequential to motor vehicle safety.
Accordingly, Adrian's petition is hereby granted, and the petitioner is
not required to notify owners, purchasers and dealers pursuant to 49
U.S.C. 30118 and provide a remedy in accordance with 49 U.S.C. 30120.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.95 and 501.8.
Issued on July 23, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-18050 Filed 7-26-13; 8:45 am]
BILLING CODE 4910-59-P
