JLG Industries, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 69550-69551 [2014-27588]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 69550 Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Notices Deputy Chief Engineer, Project Development & Environment, Infrastructure Project Management Administration (IPMA), District Department of Transportation, 55 M Street SE., Suite 500, Washington, DC 20003; telephone: 202–671–2326; email: Faisal.Hameed@dc.gov. The District Department of Transportation normal business hours are 8:15 a.m. to 4:45 p.m. SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has taken final action by issuing a Record of Decision concerning approvals for the Virginia Avenue Tunnel Reconstruction Project in the District of Columbia. CSX, the owner of the Virginia Avenue Tunnel, requested approval from FHWA to allow the short-term closure of I–695 ramps located at 6th and 8th Streets SE and occupancy of a portion of the 11th Street Bridge right-of-way located on Interstate 695 (I–695) to allow the reconstruction of the Virginia Avenue Tunnel. The tunnel is located in the Capitol Hill neighborhood of Washington, DC beneath eastbound Virginia Avenue SE from 2nd Street SE to 9th Street SE; Virginia Avenue Park between 9th and 11th Streets; and the 11th Street Bridge right-of-way. The tunnel is also aligned on the south side of I–695. The approval actions by FHWA and the laws under which such actions were taken are described in the Draft Environmental Impact Statement approved on July 2, 2013, the Final Environmental Statement approved on June 5, 2014, and in the FHWA Record of Decision (ROD) issued on November 4, 2014, and in other documents in the FHWA administrative record. The actions were also based on the DEIS public hearing held on July 31, 2013; public meetings held on September 14, 2011, November 30, 2011, May 21, 2012, September 27, 2012, July 1, 2014 and July 31, 2014; and public and agency comments. The FEIS, ROD, and other documents in the FHWA administrative record file are available by contacting the FHWA, or DDOT, at the addresses provided above. The FEIS and ROD can also be viewed and downloaded from the project Web site at www.virginiaavenuetunnel.com or viewed at the following locations: Southeast Neighborhood Library, 403 7th Street SE., Washington, DC 20003; or the Southwest Neighborhood Library, 900 Wesley Place SW., Washington, DC 20024. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: VerDate Sep<11>2014 18:00 Nov 20, 2014 Jkt 235001 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4351]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. Air: Clean Air Act, 42 U.S.C. 7401– 7671(q). 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers), 23 U.S.C. 319. 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and Wildlife Coordination Act [16 U.S.C. 661– 667(d)], Migratory Bird Treaty Act [16 U.S.C. 703–712]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)–11]; Archeological and Historic Preservation Act [16 U.S.C. 469–469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013]. 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]. 7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251–1377 (Section 404, Section 401, Section 319); Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601–4604; Safe Drinking Water Act (SDWA), 42 U.S.C. 300(f)–300(j)(6); Rivers and Harbors Act of 1899, 33 U.S.C. 401–406; 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. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601–9675. 9. Executive Orders: 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. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 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. 139(l)(1). Issued On: November 12, 2014. Joseph C. Lawson, Division Administrator, District of Columbia. [FR Doc. 2014–27468 Filed 11–20–14; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2014–0104; Notice 1] JLG Industries, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: JLG Industries, Inc. (JLG) has determined that certain JLG Triple-L utility trailers do not fully comply with paragraph S4.3.5 of Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or Less. JLG has filed an appropriate report dated July 16, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is December 22, 2014. ADDRESSES: 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 submitted by any of the following methods: • Mail: Send comments 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. • Hand Deliver: Deliver comments by hand 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 a.m. to 5 p.m. except Federal Holidays. • Electronically: Submit comments electronically by: Logging onto the Federal Docket Management System SUMMARY: E:\FR\FM\21NON1.SGM 21NON1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Notices (FDMS) Web site at http:// www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to (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, selfaddressed postcard with the comments. Note that all comments received will be posted without change to http:// 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 http://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. SUPPLEMENTARY INFORMATION: I. JLG’s Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), JLG submitted a petition 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 JLG’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. II. Trailers Involved: Affected are approximately 2,940 JLG Triple-L utility trailers with a GVWR of less than 10,000 lbs. that were manufactured between August 2005 and July 2014. III. Noncompliance: JLG explains that the noncompliance is that the tire and loading information placard does not contain the words ‘‘The weight of the cargo should never exceed XXX VerDate Sep<11>2014 18:00 Nov 20, 2014 Jkt 235001 kilograms or XXX pounds’’ as required by paragraph S4.3.5 of FMVSS No. 110. V. Rule Text: Paragraph S4.3.5 of FMVSS No. 110 requires in pertinent part: S6.5 Requirements for trailers. Each trailer, except for an incomplete vehicle, must show the information specified in S4.3 (c) through (g), and may show the information specified in S4.3 (h) and (i), on a placard permanently affixed proximate to the certification label specified in 49 CFR Part 567. Additionally, each trailer must on its placard contain a cargo capacity statement expressed as ‘‘The weight of cargo should never exceed XXX kilograms or XXX pounds’’ in the same location on the placard specified for the ‘‘vehicle capacity weight’’ statement required by the standard . . . V. Summary of JLG’s Analyses: JLG stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) With regard to trailers JLG states that there is no need to account for passenger weight when considering cargo weight because there are no designated seating positions on the trailer and all of the weight capacity is designated towards cargo. JLG also believes that providing the maximum load capacity for the trailer therefore provides the same information as providing the maximum weight of the cargo. (B) Although the Tire and Loading Information label on the subject trailers do not contain the statement set forth in S4.3.5, the same information is provided on a separate label in the vicinity of the Tire and Loading Information label. That label states that the ‘‘Max Load Capacity xxxx lbs’’ and further instructs the operator to ‘‘center load on deck.’’ It also draws attention to the maximum carrying load of the trailer and ensures that drivers loading the trailer are aware of the maximum load capacity the trailer can carry—the precise information the regulatory text intends to be conveyed. JLG has additionally informed NHTSA that it has corrected the noncompliance so that all future production trailer Tire and Loading Information labels will comply with FMVSS No. 110. In summation, JLG believes that the described noncompliance of the subject trailers is inconsequential to motor vehicle safety, and that its petition, to exempt JLG 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. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 69551 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, any decision on this petition only applies to the subject trailers that JLG no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve tire distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant trailers under their control after JLG notified them that the subject noncompliance existed. Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8. Jeffrey M. Giuseppe, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. 2014–27588 Filed 11–20–14; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2014–0109; Notice 1] RECARO Child Safety, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of Petition. AGENCY: RECARO Child Safety, LLC (RECARO) has determined that certain RECARO child restraints do not fully comply with paragraph S5.1.1(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraints. RECARO has filed an appropriate report and was received by NHTSA on July 30, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is December 22, 2014. ADDRESSES: 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 submitted by any of the following methods: • Mail: Send comments by mail addressed to: U.S. Department of SUMMARY: E:\FR\FM\21NON1.SGM 21NON1

Agencies

[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Notices]
[Pages 69550-69551]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27588]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0104; Notice 1]


JLG Industries, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Receipt of petition.

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

SUMMARY: JLG Industries, Inc. (JLG) has determined that certain JLG 
Triple-L utility trailers do not fully comply with paragraph S4.3.5 of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection 
and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying 
Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms 
(10,000 pounds) or Less. JLG has filed an appropriate report dated July 
16, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports.

DATES: The closing date for comments on the petition is December 22, 
2014.

ADDRESSES: 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 
submitted by any of the following methods:
     Mail: Send comments 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.
     Hand Deliver: Deliver comments by hand 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 a.m. to 5 p.m. except 
Federal Holidays.
     Electronically: Submit comments electronically by: Logging 
onto the Federal Docket Management System

[[Page 69551]]

(FDMS) Web site at http://www.regulations.gov/. Follow the online 
instructions for submitting comments. Comments may also be faxed to 
(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 http://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 http://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.

SUPPLEMENTARY INFORMATION:
    I. JLG's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see 
implementing rule at 49 CFR part 556), JLG submitted a petition 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 JLG'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.
    II. Trailers Involved: Affected are approximately 2,940 JLG Triple-
L utility trailers with a GVWR of less than 10,000 lbs. that were 
manufactured between August 2005 and July 2014.
    III. Noncompliance: JLG explains that the noncompliance is that the 
tire and loading information placard does not contain the words ``The 
weight of the cargo should never exceed XXX kilograms or XXX pounds'' 
as required by paragraph S4.3.5 of FMVSS No. 110.
    V. Rule Text: Paragraph S4.3.5 of FMVSS No. 110 requires in 
pertinent part:

    S6.5 Requirements for trailers. Each trailer, except for an 
incomplete vehicle, must show the information specified in S4.3 (c) 
through (g), and may show the information specified in S4.3 (h) and 
(i), on a placard permanently affixed proximate to the certification 
label specified in 49 CFR Part 567. Additionally, each trailer must 
on its placard contain a cargo capacity statement expressed as ``The 
weight of cargo should never exceed XXX kilograms or XXX pounds'' in 
the same location on the placard specified for the ``vehicle 
capacity weight'' statement required by the standard . . .

    V. Summary of JLG's Analyses: JLG stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    (A) With regard to trailers JLG states that there is no need to 
account for passenger weight when considering cargo weight because 
there are no designated seating positions on the trailer and all of the 
weight capacity is designated towards cargo. JLG also believes that 
providing the maximum load capacity for the trailer therefore provides 
the same information as providing the maximum weight of the cargo.
    (B) Although the Tire and Loading Information label on the subject 
trailers do not contain the statement set forth in S4.3.5, the same 
information is provided on a separate label in the vicinity of the Tire 
and Loading Information label. That label states that the ``Max Load 
Capacity xxxx lbs'' and further instructs the operator to ``center load 
on deck.'' It also draws attention to the maximum carrying load of the 
trailer and ensures that drivers loading the trailer are aware of the 
maximum load capacity the trailer can carry--the precise information 
the regulatory text intends to be conveyed.
    JLG has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production trailer Tire and Loading 
Information labels will comply with FMVSS No. 110.
    In summation, JLG believes that the described noncompliance of the 
subject trailers is inconsequential to motor vehicle safety, and that 
its petition, to exempt JLG 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.
    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, any decision on 
this petition only applies to the subject trailers that JLG no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on this petition does not relieve tire 
distributors and dealers of the prohibitions on the sale, offer for 
sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant trailers under their control after JLG 
notified them that the subject noncompliance existed.

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

Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-27588 Filed 11-20-14; 8:45 am]
BILLING CODE 4910-59-P