Spartan Motors, Inc. on Behalf of Spartan Motors Chassis, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 9040-9041 [2014-03211]

Download as PDF 9040 Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Notices and only participate in one survey wave. This effort would also include a maximum of three waves of in-person interviews of patrons at bars or other establishments serving alcohol. The total number of in-person interviews within a community over the course of the one year field period would be a maximum of 1,200, with the grand total for the five communities combined being a maximum of 6,000 in-person interviews. Respondents would be patrons of alcohol-serving establishments age 21 and older. Each respondent would receive a small number of questions to answer both upon entry to the establishment and upon departure. Estimate of the Total Annual Reporting and Record Keeping Burden Resulting From the Collection of Information—NHTSA estimates that respondents would require an average of 10 minutes to complete the telephone interviews. If the maximum number of 18,000 telephone interviews is conducted, this would compute to 3,000 interviewing hours. The interviews with establishment patrons would require an average of eight minutes for the entry and exit interview combined. With a maximum of 6,000 respondents, this would compute to 800 interviewing hours. All interviewing would occur during a single year. Thus the annual reporting burden would be the entire 3,800 hours. The respondents would not incur any reporting cost from the information collection. The respondents also would not incur any record keeping burden or record keeping cost from the information collection. Authority: 44 U.S.C. Section 3506(c)(2)(A). Dated: February 5, 2014. Jeff Michael, Associate Administrator, Research and Program Development. BILLING CODE 4910–59–P National Highway Traffic Safety Administration [Docket No. NHTSA–2013–0083; Notice 2] mstockstill on DSK4VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: I. Spartan’s Petition Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions 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. Notice of receipt of the petition was published, with a 30-day public comment period, on September 25, 2013 in the Federal Register (78 FR 59089). 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–2013– 0083.’’ II. Chassis Cabs Involved III. Noncompliance DEPARTMENT OF TRANSPORTATION Spartan Motors, Inc. on Behalf of Spartan Motors Chassis, Inc., Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of Petition. AGENCY: 17:47 Feb 13, 2014 For further information on this decision contact James Jones, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5294, facsimile (202) 366– 3081. ADDRESSES: Affected are approximately 26 model year 2008 through 2013 Spartan Gladiator and MetroStar chassis cabs manufactured between April 9, 2008 and January 14, 2013. [FR Doc. 2014–02812 Filed 2–13–14; 8:45 am] VerDate Mar<15>2010 Spartan Motors, Inc. on behalf of Spartan Motors Chassis, Inc. (Spartan) has determined that certain model year 2008 through 2013 Spartan Gladiator and MetroStar chassis cabs do not fully comply with paragraph S5.3.3.1(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 121, Air Brake Systems. Spartan has filed an appropriate report dated April 19, 2013, pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. SUMMARY: Jkt 232001 Spartan explains that it has determined that certain emergency rescue chassis cabs built between April 9, 2009 and January 14, 2013 may not meet the brake actuation time for trucks as identified in § 5.3.3 of FMVSS No. 121. IV. Rule Text Section S5.3.3 of FMVSS No. 121 specifically states: S5.3.3 Brake actuation time. Each service brake system shall meet the requirements of S5.3.3.1 (a) and (b). S5.3.3.1(a) With an initial service reservoir system air pressure of 100 psi, the air PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 pressure in each brake chamber shall, when measured from the first movement of the service brake control, reach 60 psi in not more than 0.45 second in the case of trucks and buses * * * V. Summary of Spartan’s Analyses Spartan stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: Section 5.3.3.1 of FMVSS No. 121 defines the amount of pressure (60 psi) for, in this case, the front brake chambers. Further, it also defines a ‘‘not to exceed’’ time (0.45 seconds) in which that pressure at the brake chamber must be achieved. This is not interpreted to mean brakes are to be applied at 60 psi but rather a certain pressure at the brake chamber will be achieved. Brakes will be applied nearly instantaneously after actuation of the treadle valve. Spartan conducted three tests on a sample of three chassis cabs of similar brake system configurations. Detailed results from the testing are shown in Spartan’s petition. The reported average was used to determine the actual results in comparison to the requirements. By rounding the average of the three tests for each sample, Spartan Chassis identified it exceeds the requirements by 0.01 second. The measurement of time, in this case, is for when air pressure at the chamber reaches 60 psi. As stated, the brakes are still being applied irrespective of achieving the 60 psi pressure at the front brake chambers. The impact of being 0.006 to 0.01 seconds above the requirement of 0.45 seconds would have very little impact (approximately 1 ft @6 60 mph) to stopping distance of the vehicle and would not impede the capability of the vehicle being able to stop. According to Driver’s License Manual, stopping distance is impacted by driver perception distance and reaction distance. Other factors include speed and gross weight of the vehicle. These attributes would appear to have a more significant impact to overall stopping distance than 0.01 second timing for air pressure to reach 60 psi at the front brake chambers. From a speed of 60 mph, vehicles affected by this condition are required to achieve a complete stop in 310 ft. At this speed, it would take approximately 3.52 seconds for vehicles to stop at this rate of speed. Vehicles affected by the condition that has resulted in the identified non-compliance are capable of stopping within the distance of 310 ft as prescribed by FMVSS No. 121 and would still be able to stop within the required stopping distance. Spartan has additionally informed NHTSA that it has corrected the E:\FR\FM\14FEN1.SGM 14FEN1 Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES noncompliance so that all future production Gladiator and MetroStar chassis cabs will comply with FMVSS No. 121. In summation, Spartan believes that the described noncompliance of the subject chassis cabs 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. VI. NHTSA Decision Spartan’s argument in support of the petition is reasonable. NHTSA agrees that the braking performance of subject noncompliant vehicles is not adversely affected as a result of longer pneumatic brake actuation times of 0.006 to 0.01 seconds. The theoretical calculations performed by Spartan indicate an increase of approximately one foot in stopping distance at 60 mph for noncompliant vehicles when compared to compliant vehicles. This minimal increase in stopping distance does not affect the noncompliant vehicle’s conformance with the 60 mph stopping distance requirement of 310 feet. Therefore, the very small number of affected noncompliant vehicles does not appear to pose an undue safety risk in braking performance in comparison to compliant vehicles. NHTSA is also not aware of any customer complaints or field reports relating to this issue, and Spartan has stated that it has corrected the problem that caused the noncompliance so that it will not be repeated in future production. In consideration of the foregoing, NHTSA has decided that Spartan has met its burden of persuasion that the FMVSS No. 121 noncompliance is inconsequential to motor vehicle safety. Accordingly, Spartan’s petition is hereby granted and Spartan is exempted from the obligation of providing notification of, and a remedy for, that 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 the subject noncompliant chassis cabs that Spartan no longer controlled at the time it VerDate Mar<15>2010 17:47 Feb 13, 2014 Jkt 232001 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 chassis cabs under their control after Spartan 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. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2014–03211 Filed 2–13–14; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2012–0106; Notice 2] General Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of Petition. AGENCY: General Motors, LLC (GM), has determined that certain model year 2012 Chevrolet Captiva and Buick Verano passenger cars manufactured between April 6, 2011 and June 4, 2011, do not fully comply with paragraph S5.2.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays and paragraph S5.5.5 of FMVSS No. 135, Light Vehicle Brake Systems. GM has filed an appropriate report dated June 13, 2012 pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. SUMMARY: For further information on this decision contact Stuart Seigel, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5287, facsimile (202) 366– 7002. ADDRESSES: SUPPLEMENTARY INFORMATION: I. GM’s Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR Part 556), GM 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 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 9041 comment period, on November 5, 2012 in the Federal Register (77 FR 66501). 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–2012– 0106.’’ II. Vehicles Involved: Affected are approximately 47,822 model year 2012 Chevrolet Captiva and Buick Verano model passenger cars that were manufactured between April 6, 2011 and June 4, 2011. III. Noncompliance: GM explains that the noncompliance is that the telltales used for Park Brake are displayed using International Organization for Standardization (ISO) symbols instead of the telltale symbols required by FMVSS Nos. 101 and 135. IV. Rule Text: Paragraph S5.2.1 of FMVSS No. 101 Specifically states in pertinent part: S5.2.1 Except for the Low Tire Pressure Telltale, each control, telltale and indicator that is listed in column 1 of Table 1 or Table 2 must be identified by the symbol specified for it in column 2 or the word or abbreviation specified for it in column 3 of Table 1 or Table 2. If a symbol is used, each symbol provided pursuant to this paragraph must be substantially similar in form to the symbol as it appears in Table 1 or Table 2. If a symbol is used, each symbol provided pursuant to this paragraph must have the proportional dimensional characteristics of the symbol as it appears in Table 1 or Table 2. . . . Paragraph S5.5.5 of FMVSS No. 135 requires in pertinent part: S5.5.5. Labeling. (a) Each visual indicator shall display a word or words in accordance with the requirements of Standard No. 101 (49 CFR 571.101) and this section, which shall be legible to the driver under all daytime and nighttime conditions when activated. Unless otherwise specified, the words shall have letters not less than 3.2 mm (1⁄8 inch) high and the letters and background shall be of contrasting colors, one of which is red. Words or symbols in addition to those required by Standard No. 101 and this section may be provided for purposes of Clarity. . . . (d) If separate indicators are used for one or more of the the conditions described in S5.5.1(a) through S5.5.1(g), the indicators shall display the following wording: . . . (4) If a separate indicator is provided for application of the parking brake as specified for S5.5.1(c), the single word ‘‘Park’’ of the words ‘‘Parking Brake’’ may be used. . . . V. Summary of GM’s Analyses: GM stated its belief that although the instrument cluster telltale symbols are displayed using ISO symbols the noncompliance is inconsequential to E:\FR\FM\14FEN1.SGM 14FEN1

Agencies

[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Notices]
[Pages 9040-9041]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03211]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0083; Notice 2]


Spartan Motors, Inc. on Behalf of Spartan Motors Chassis, Inc., 
Grant of Petition for Decision of Inconsequential Noncompliance

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

ACTION: Grant of Petition.

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

SUMMARY: Spartan Motors, Inc. on behalf of Spartan Motors Chassis, Inc. 
(Spartan) has determined that certain model year 2008 through 2013 
Spartan Gladiator and MetroStar chassis cabs do not fully comply with 
paragraph S5.3.3.1(a) of Federal Motor Vehicle Safety Standard (FMVSS) 
No. 121, Air Brake Systems. Spartan has filed an appropriate report 
dated April 19, 2013, pursuant to 49 CFR Part 573, Defect and 
Noncompliance Responsibility and Reports.

ADDRESSES: For further information on this decision contact James 
Jones, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5294, 
facsimile (202) 366-3081.

SUPPLEMENTARY INFORMATION:

I. Spartan's Petition

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions 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.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on September 25, 2013 in the Federal Register 
(78 FR 59089). 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-2013-0083.''

II. Chassis Cabs Involved

    Affected are approximately 26 model year 2008 through 2013 Spartan 
Gladiator and MetroStar chassis cabs manufactured between April 9, 2008 
and January 14, 2013.

III. Noncompliance

    Spartan explains that it has determined that certain emergency 
rescue chassis cabs built between April 9, 2009 and January 14, 2013 
may not meet the brake actuation time for trucks as identified in Sec.  
5.3.3 of FMVSS No. 121.

IV. Rule Text

    Section S5.3.3 of FMVSS No. 121 specifically states:

    S5.3.3 Brake actuation time. Each service brake system shall 
meet the requirements of S5.3.3.1 (a) and (b).
    S5.3.3.1(a) With an initial service reservoir system air 
pressure of 100 psi, the air pressure in each brake chamber shall, 
when measured from the first movement of the service brake control, 
reach 60 psi in not more than 0.45 second in the case of trucks and 
buses * * *

V. Summary of Spartan's Analyses

    Spartan stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:

    Section 5.3.3.1 of FMVSS No. 121 defines the amount of pressure 
(60 psi) for, in this case, the front brake chambers. Further, it 
also defines a ``not to exceed'' time (0.45 seconds) in which that 
pressure at the brake chamber must be achieved. This is not 
interpreted to mean brakes are to be applied at 60 psi but rather a 
certain pressure at the brake chamber will be achieved. Brakes will 
be applied nearly instantaneously after actuation of the treadle 
valve.

    Spartan conducted three tests on a sample of three chassis cabs of 
similar brake system configurations. Detailed results from the testing 
are shown in Spartan's petition. The reported average was used to 
determine the actual results in comparison to the requirements. By 
rounding the average of the three tests for each sample, Spartan 
Chassis identified it exceeds the requirements by 0.01 second.
    The measurement of time, in this case, is for when air pressure at 
the chamber reaches 60 psi. As stated, the brakes are still being 
applied irrespective of achieving the 60 psi pressure at the front 
brake chambers. The impact of being 0.006 to 0.01 seconds above the 
requirement of 0.45 seconds would have very little impact 
(approximately 1 ft @ 60 mph) to stopping distance of the vehicle and 
would not impede the capability of the vehicle being able to stop.
    According to Driver's License Manual, stopping distance is impacted 
by driver perception distance and reaction distance. Other factors 
include speed and gross weight of the vehicle. These attributes would 
appear to have a more significant impact to overall stopping distance 
than 0.01 second timing for air pressure to reach 60 psi at the front 
brake chambers.
    From a speed of 60 mph, vehicles affected by this condition are 
required to achieve a complete stop in 310 ft. At this speed, it would 
take approximately 3.52 seconds for vehicles to stop at this rate of 
speed. Vehicles affected by the condition that has resulted in the 
identified non-compliance are capable of stopping within the distance 
of 310 ft as prescribed by FMVSS No. 121 and would still be able to 
stop within the required stopping distance.
    Spartan has additionally informed NHTSA that it has corrected the

[[Page 9041]]

noncompliance so that all future production Gladiator and MetroStar 
chassis cabs will comply with FMVSS No. 121.
    In summation, Spartan believes that the described noncompliance of 
the subject chassis cabs 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.

VI. NHTSA Decision

    Spartan's argument in support of the petition is reasonable. NHTSA 
agrees that the braking performance of subject noncompliant vehicles is 
not adversely affected as a result of longer pneumatic brake actuation 
times of 0.006 to 0.01 seconds. The theoretical calculations performed 
by Spartan indicate an increase of approximately one foot in stopping 
distance at 60 mph for noncompliant vehicles when compared to compliant 
vehicles. This minimal increase in stopping distance does not affect 
the noncompliant vehicle's conformance with the 60 mph stopping 
distance requirement of 310 feet. Therefore, the very small number of 
affected noncompliant vehicles does not appear to pose an undue safety 
risk in braking performance in comparison to compliant vehicles.
    NHTSA is also not aware of any customer complaints or field reports 
relating to this issue, and Spartan has stated that it has corrected 
the problem that caused the noncompliance so that it will not be 
repeated in future production.
    In consideration of the foregoing, NHTSA has decided that Spartan 
has met its burden of persuasion that the FMVSS No. 121 noncompliance 
is inconsequential to motor vehicle safety. Accordingly, Spartan's 
petition is hereby granted and Spartan is exempted from the obligation 
of providing notification of, and a remedy for, that 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 the subject noncompliant chassis cabs that Spartan 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 chassis cabs under their control after 
Spartan 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.

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-03211 Filed 2-13-14; 8:45 am]
BILLING CODE 4910-59-P

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