Oreion Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 5616-5617 [2015-01908]

Download as PDF 5616 Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Notices will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. III. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 2 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (63 FR 30285; 63 FR 54519; 65 FR 66293; 67 FR 68719; 68 FR 1654; 68 FR 2629; 69 FR 71100; 72 FR 1054; 74 FR 980; 76 FR 4414; 78 FR 798). Each of these 2 applicants has requested renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the requirement specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption requirements. These factors provide an adequate basis for predicting each driver’s ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. mstockstill on DSK4VPTVN1PROD with NOTICES IV. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–1998–3637; FMCSA– 2000–8203; FMCSA–2002–12844), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing VerDate Sep<11>2014 19:24 Jan 30, 2015 Jkt 235001 address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, got to https://www.regulations.gov and put the docket number, ‘‘FMCSA–1998– 3637; FMCSA–2000–8203; FMCSA– 2002–12844’’ in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may change this notice based on your comments. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov and in the search box insert the docket number, ‘‘FMCSA–1998–3637; FMCSA–2000– 8203; FMCSA–2002–12844’’ in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ button choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Issued on: January 23, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–01928 Filed 1–30–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2014–0106; Notice 2] Oreion Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). AGENCY: PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 ACTION: Grant of petition. Oreion Motors, LLC (Oreion) has determined that certain 2011–2013 Oreion Reeper low speed vehicles, do not fully comply with paragraph S5.(b)(10) of Federal Motor Vehicle Safety Standard (FMVSS) No. 500 which requires installation of seat belts that conform to FMVSS No. 209, Seat Belt Assemblies. Oreion has filed an appropriate report dated August 13, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. ADDRESSES: 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– 5930. SUMMARY: SUPPLEMENTARY INFORMATION: I. Oreion’s Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Oreion 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. Notice of receipt of the petition was published, with a 30-day public comment period, on November 21, 2014 in the Federal Register (79 FR 69556). 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–2014– 0106.’’ II. Low Speed Vehicles Involved: Affected are approximately 526 2011– 2013 Oreion Reeper low speed vehicles originally manufactured with seatbelts manufactured by Changzhou Dongchen. III. Noncompliance: Oreion explains that the noncompliance is that the seatbelts installed in the subject vehicles do not fully comply with the requirements of paragraph S5.(b)(10) of FMVSS No. 500 because the year that the seatbelts were manufactured is not included on the seatbelts as specified in paragraph S4.1(j) of FMVSS No. 209. V. Rule Text: Paragraph S5.(b) of FMVSS No. 500 requires in pertinent part: (b) Each low-speed vehicle shall be equipped with: (10) A Type 1 or Type 2 seat belt assembly conforming to Sec. 571.209 of this part, Federal Motor Vehicle Safety Standard No. 209, Seat belt assemblies, installed at each designated seating position. E:\FR\FM\02FEN1.SGM 02FEN1 Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Notices Paragraph S4.1(j) of FMVSS No. 209 requires in pertinent part: S4.1(j) Marking. Each seat belt assembly shall be permanently and legibly marked or labeled with year of manufacture, model, and name or trademark of manufacturer or distributor, or of importer if manufactured outside the United States. . . . mstockstill on DSK4VPTVN1PROD with NOTICES V. Summary of Oreion’s Analyses: Oreion stated its belief that the subject noncompliance is inconsequential to motor vehicle safety because the lack of the year of manufacture on the seat belt labels has no effect on the operational safety of the seat belts installed in the subject noncompliant vehicles. Oreion also stated its belief that the seat belts in the subject vehicles have functioned as designed during normal use. They contend that this is supported by their observation that no vehicle owner has brought their vehicle back to a dealership for seat belt related repairs. Oreion stated its awareness that the year date stamp may be used with the seat belt model number to identify seat belt assemblies recalled by the seat belt manufacturer. In the event of a safety related recall by the seat belt manufacturer, Oreion indicated that it will cooperate with the seat belt manufacturer to identify the vehicle owners of the vehicles containing affected seat belts without the need for the year stamp on the label. Oreion believes that that the model number and the build date of the vehicle will be sufficient to accomplish this task. In summation, Oreion believes that the described noncompliance of the subject low speed vehicle’s seat belt assemblies is inconsequential to motor vehicle safety, and that its petition, to exempt Oreion 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 Decision NHTSA Analysis: NHTSA has reviewed Oreion’s analysis that the subject noncompliance is inconsequential to motor vehicle safety. Paragraph S4.1(j) of FMVSS No. 209 requires that each seat belt assembly be permanently and legibly marked or labeled with the year of manufacture, model, and name or trademark of the manufacturer, distributor, or the importer (if the assemblies are manufactured outside the United States). The noncompliant vehicles are equipped with seat belt assemblies marked with the model number ‘‘DC– 3000’’, name of manufacturer ‘‘Changzhou Dongchen,’’ what appears to be a lot number ‘‘04 36275,’’ and VerDate Sep<11>2014 19:24 Jan 30, 2015 Jkt 235001 other markings including ‘‘E4’’, ‘‘XIA YE’’, ‘‘DOT’’ and ‘‘Ar4m.’’ NHTSA believes that should the seat belts be the subject of a recall, the current labeling is sufficient to identify the affected seat belts as installed in the subject vehicles, even without the manufacturing date specified. In addition, not labeling the year of manufacture has no bearing on compliance of the seat belts to the material or performance standards specified in FMVSS No. 209 and poses no risk to motor vehicle safety. NHTSA Decision: In consideration of the foregoing, NHTSA has decided that Oreion has met its burden of persuasion that the FMVSS No. 500 noncompliance is inconsequential to motor vehicle safety. Accordingly, Oreion’s petition is hereby granted and Oreion is exempted from the obligation of providing notification of, and a remedy for, that noncompliance under 49 U.S.C. 03118 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 allows 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 low speed vehicles that Oreion 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 low speed vehicles under their control after Oreion 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. 2015–01908 Filed 1–30–15; 8:45 am] BILLING CODE 4910–59–P PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 5617 DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA 2015–0003] Pipeline Safety: Information Collection Activities Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, PHMSA invites comments on an information collection that will be expiring in the summer of 2015. PHMSA will request an extension with no change for the information collection titled ‘‘Pipeline Safety: Periodic Underwater Inspection and Notification of Abandoned Underwater Pipelines’’ identified by Office of Management and Budget (OMB) control number 2137– 0618. SUMMARY: Interested persons are invited to submit comments on or before April 3, 2015. ADDRESSES: Comments may be submitted in the following ways: E-Gov Web site: https:// www.regulations.gov. This site allows the public to enter comments on any Federal Register notice issued by any agency. Fax: 1–202–493–2251. Mail: Docket Management Facility; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., West Building, Room W12–140, Washington, DC 20590–0001. Hand Delivery: Room W12–140 on the ground level of DOT, West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. Instructions: When you submit a comment on this notice to the docket, identify the docket number, PHMSA– 2015–0003, at the beginning of your comments. Docket: For access to the docket or to read background documents or comments, go to https:// www.regulations.gov at any time or to Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9:00 a.m. and 5:00 p.m., 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 DATES: E:\FR\FM\02FEN1.SGM 02FEN1

Agencies

[Federal Register Volume 80, Number 21 (Monday, February 2, 2015)]
[Notices]
[Pages 5616-5617]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01908]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0106; Notice 2]


Oreion Motors, LLC, Grant of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Grant of petition.

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SUMMARY: Oreion Motors, LLC (Oreion) has determined that certain 2011-
2013 Oreion Reeper low speed vehicles, do not fully comply with 
paragraph S5.(b)(10) of Federal Motor Vehicle Safety Standard (FMVSS) 
No. 500 which requires installation of seat belts that conform to FMVSS 
No. 209, Seat Belt Assemblies. Oreion has filed an appropriate report 
dated August 13, 2014, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports.

ADDRESSES: 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) 366-5930.

SUPPLEMENTARY INFORMATION: 
    I. Oreion's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
(see implementing rule at 49 CFR part 556), Oreion 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.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on November 21, 2014 in the Federal Register (79 
FR 69556). 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-2014-0106.''
    II. Low Speed Vehicles Involved: Affected are approximately 526 
2011-2013 Oreion Reeper low speed vehicles originally manufactured with 
seatbelts manufactured by Changzhou Dongchen.
    III. Noncompliance: Oreion explains that the noncompliance is that 
the seatbelts installed in the subject vehicles do not fully comply 
with the requirements of paragraph S5.(b)(10) of FMVSS No. 500 because 
the year that the seatbelts were manufactured is not included on the 
seatbelts as specified in paragraph S4.1(j) of FMVSS No. 209.
    V. Rule Text: Paragraph S5.(b) of FMVSS No. 500 requires in 
pertinent part:
    (b) Each low-speed vehicle shall be equipped with:

    (10) A Type 1 or Type 2 seat belt assembly conforming to Sec. 
571.209 of this part, Federal Motor Vehicle Safety Standard No. 209, 
Seat belt assemblies, installed at each designated seating position.


[[Page 5617]]


Paragraph S4.1(j) of FMVSS No. 209 requires in pertinent part:

    S4.1(j) Marking. Each seat belt assembly shall be permanently 
and legibly marked or labeled with year of manufacture, model, and 
name or trademark of manufacturer or distributor, or of importer if 
manufactured outside the United States. . . .

    V. Summary of Oreion's Analyses: Oreion stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety 
because the lack of the year of manufacture on the seat belt labels has 
no effect on the operational safety of the seat belts installed in the 
subject noncompliant vehicles.
    Oreion also stated its belief that the seat belts in the subject 
vehicles have functioned as designed during normal use. They contend 
that this is supported by their observation that no vehicle owner has 
brought their vehicle back to a dealership for seat belt related 
repairs.
    Oreion stated its awareness that the year date stamp may be used 
with the seat belt model number to identify seat belt assemblies 
recalled by the seat belt manufacturer. In the event of a safety 
related recall by the seat belt manufacturer, Oreion indicated that it 
will cooperate with the seat belt manufacturer to identify the vehicle 
owners of the vehicles containing affected seat belts without the need 
for the year stamp on the label. Oreion believes that that the model 
number and the build date of the vehicle will be sufficient to 
accomplish this task.
    In summation, Oreion believes that the described noncompliance of 
the subject low speed vehicle's seat belt assemblies is inconsequential 
to motor vehicle safety, and that its petition, to exempt Oreion 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 Decision

    NHTSA Analysis: NHTSA has reviewed Oreion's analysis that the 
subject noncompliance is inconsequential to motor vehicle safety.
    Paragraph S4.1(j) of FMVSS No. 209 requires that each seat belt 
assembly be permanently and legibly marked or labeled with the year of 
manufacture, model, and name or trademark of the manufacturer, 
distributor, or the importer (if the assemblies are manufactured 
outside the United States). The noncompliant vehicles are equipped with 
seat belt assemblies marked with the model number ``DC-3000'', name of 
manufacturer ``Changzhou Dongchen,'' what appears to be a lot number 
``04 36275,'' and other markings including ``E4'', ``XIA YE'', ``DOT'' 
and ``Ar4m.'' NHTSA believes that should the seat belts be the subject 
of a recall, the current labeling is sufficient to identify the 
affected seat belts as installed in the subject vehicles, even without 
the manufacturing date specified.
    In addition, not labeling the year of manufacture has no bearing on 
compliance of the seat belts to the material or performance standards 
specified in FMVSS No. 209 and poses no risk to motor vehicle safety.
    NHTSA Decision: In consideration of the foregoing, NHTSA has 
decided that Oreion has met its burden of persuasion that the FMVSS No. 
500 noncompliance is inconsequential to motor vehicle safety. 
Accordingly, Oreion's petition is hereby granted and Oreion is exempted 
from the obligation of providing notification of, and a remedy for, 
that noncompliance under 49 U.S.C. 03118 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 allows 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 low speed 
vehicles that Oreion 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 low speed 
vehicles under their control after Oreion 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. 2015-01908 Filed 1-30-15; 8:45 am]
BILLING CODE 4910-59-P

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