Reflex & Allen USA, Incorporated, Receipt of Petition for Decision of Inconsequential Noncompliance, 85323-85325 [2016-28119]
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices
Request: Reinstatement without
change of a previously approved
collection that expired.
Affected Public: Businesses
(Railroads).
Form(s): N/A.
Total Annual Estimated Burden:
18,750 hours.
Total Annual Estimated Responses:
25,000.
Status: Regular Review.
Title: Grade Crossing Safety.
OMB Control Number: 2130–0534.
Abstract: FRA believes that highwayrail grade crossing (grade crossing)
accidents resulting from warning system
failures can be reduced. Accordingly,
FRA’s regulations require railroads to
take specific responses in the event of
an activation failure (when a grade
crossing warning system fails to indicate
the arrival of a train at least 20 seconds
prior to the train’s arrival at the crossing
or to indicate the presence of a train
occupying the crossing). Specifically,
railroads must report to FRA every
impact between on-track railroad
equipment and an automobile, bus,
truck, motorcycle, bicycle, farm vehicle,
or pedestrian at a highway-rail grade
crossing involving a crossing warning
system activation failure. Notification
must be provided to the National
Response Center within 24 hours of
occurrence at the stipulated toll-free
telephone number. Additionally,
railroads must report to FRA within 15
days each activation failure of a
highway-rail grade warning system.
Form FRA F 6180.83, ‘‘Highway-Rail
Grade Crossing Warning System
Report,’’ must be used for this purpose
and completed using the instructions
printed on the form. With this
information, FRA can correlate accident
data and equipment malfunctions with
the types of circuits and age of
equipment. FRA can then identify the
causes of activation malfunctions and
investigate them to determine whether
periodic maintenance, inspection, and
testing standards are effective.
Type of Request: Reinstatement with
change of a previously approved
collection that expired.
Affected Public: Businesses
(Railroads).
Form(s): N/A.
Total Annual Estimated Burden:
3,425 hours.
Total Annual Estimated Responses:
15,372.
Status: Regular Review.
Title: Bridge Worker Safety Rules.
OMB Control Number: 2130–0535.
Abstract: Under 49 U.S.C. 20139, FRA
must issue rules, regulations, orders,
and standards for the safety of
VerDate Sep<11>2014
18:57 Nov 23, 2016
Jkt 241001
maintenance-of-way employees on
railroad bridges, including for ‘‘bridge
safety equipment’’ such as nets,
walkways, handrails, and safety lines,
along with requirements for using
vessels when work is performed on
bridges located over bodies of water.
FRA added 49 CFR part 214 to establish
minimum workplace safety standards
for railroad employees performing work
on railroad bridges. Specifically, 49 CFR
214.105(c) establishes standards and
practices for safety net systems. Safety
nets and net installations must be droptested at the job site after initial
installation and before being used as a
fall-protection system, after major
repairs, and at 6-month intervals if left
at one site. If a drop-test is not feasible
and is not performed, then the railroad
or railroad contractor, or designated
competent person, must certify the net
and its installation comply with the
provisions of this section by preparing
a certification record prior to the use of
the net. The certification must identify
the net, the date it was determined the
net was in compliance with this section,
and the signature of the person making
this determination. Such person’s
signature must certify the net and its
installation comply with this section.
The most recent certification for each
net installation must be available at the
jobsite where the subject net is located.
FRA and State inspectors use the
information to enforce Federal
regulations. The information maintained
at the job site promotes safe bridge
worker practices.
Type of Request: Extension without
change of a currently approved
information collection.
Affected Public: Businesses
(Railroads).
Form(s): N/A.
Total Annual Estimated Burden: 1
hour.
Total Annual Estimated Responses: 6.
Status: Regular Review.
Addressee: Send comments regarding
these information collections to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 Seventeenth Street NW.,
Washington, DC 20503, Attention: FRA
Desk Officer. Comments may also be
sent via email to OMB at the following
address: oira_submissions@
omb.eop.gov.
Comments are invited on the
following: Whether the proposed
collections of information are necessary
for DOT to properly perform its
functions, including: (1) Whether the
information will have practical utility;
the accuracy of DOT’s estimates of the
burden of the proposed information
collections; (2) ways to enhance the
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85323
quality, utility, and clarity of the
information to be collected; and (3)
ways to minimize the burden of the
collections of information on
respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication of this
notice in the Federal Register.
Authority: 44 U.S.C. 3501–3520.
Patrick Warren,
Acting Executive Director.
[FR Doc. 2016–28394 Filed 11–23–16; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2016–0108; Notice 1]
Reflex & Allen USA, Incorporated,
Receipt of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
Reflex & Allen USA,
Incorporated (RAUS), has determined
that certain Reflex & Allen air brake
tubing products do not fully comply
with Federal Motor Vehicle Safety
Standard (FMVSS) No. 106, Brake
Hoses. RAUS filed a defect report dated
September 1, 2016, and amended it on
September 13, 2016. RAUS also
petitioned NHTSA on September 30,
2016, for a decision that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety.
DATES: The closing date for comments
on the petition is December 27, 2016.
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 in the title 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 Delivery: 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
SUMMARY:
E:\FR\FM\25NON1.SGM
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85324
Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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
(FDMS) Web site at https://
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 comments you have
submitted by mail were received, please
enclose a stamped, self-addressed
postcard with the comments. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
All comments and supporting
materials received before the close of
business on the closing date indicated
above will be filed in the docket and
will be considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the fullest extent
possible.
When the petition is granted or
denied, notice of the decision will also
be published in the Federal Register
pursuant to the authority indicated at
the end of this notice.
All comments, background
documentation, and supporting
materials submitted to the docket may
be viewed by anyone at the address and
times given above. The documents may
also be viewed on the Internet at https://
www.regulations.gov by following the
online instructions for accessing the
dockets. The docket ID number for this
petition is shown in the heading of this
notice.
DOT’s complete Privacy Act
Statement is available for review in a
Federal Register notice published on
April 11, 2000, (65 FR 19477–78).
SUPPLEMENTARY INFORMATION:
I. Overview
Reflex & Allen USA, Incorporated
(RAUS), has determined that certain
Reflex & Allen air brake tubing products
do not fully comply with paragraph
S7.2.1 of Federal Motor Vehicle Safety
Standard (FMVSS) No. 106, Brake
Hoses. RAUS filed a report dated
September 1, 2016, and amended it on
September 13, 2016, pursuant to 49 CFR
part 573, Defect and Noncompliance
Responsibility and Reports. RAUS also
VerDate Sep<11>2014
18:57 Nov 23, 2016
Jkt 241001
petitioned NHTSA on September 30,
2016, under 49 CFR part 556 for a
decision that the subject noncompliance
is inconsequential as it relates to motor
vehicle safety.
Pursuant to 49 U.S.C. 30118(d) and
30120(h) and 49 CFR part 556, RAUS
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 as it relates to motor
vehicle safety.
This notice of receipt of RAUS’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. Hoses Involved
Approximately 4,500 Reflex & Allen
air brake tubing products manufactured
between October 16, 2015 and August
30, 2016 are potentially involved.
III. Noncompliance
RAUS explains that the
noncompliance is that the subject brake
hoses are labeled at intervals ranging
from 6.5 inches to 11.5 inches, thereby
exceeding 6-inch maximum spacing
required by paragraph S7.2.1 of FMVSS
No. 106.
IV. Rule Text
Paragraph S7.2.1 of FMVSS No. 106
states:
S7.2.1 Hose. Each air brake hose shall be
labeled, or cut from bulk hose that is labeled,
at intervals of not more than 6 inches,
measured from the end of one legend to the
beginning of the next, in block capital letters
and numerals at least one-eighth of an inch
high, with the information listed in
paragraphs (a) through (e) of this section. The
information need not be present on hose that
is sold as part of a brake hose assembly or
a motor vehicle.
V. Summary of RAUS’s Petition
RAUS described the subject
noncompliance and stated its belief that
the noncompliance is inconsequential
as it relates to motor vehicle safety.
In support of its petition, RAUS
submitted the following reasoning:
(a) RAUS notified NHTSA in a 573
report in early September of 2016 of a
potential noncompliance within a
population of air brake tubing products.
The report was subsequently amended
to correct affected part numbers. As
described in RAUS’s noncompliance
notification, the subject air brake tubing
is labeled with the complete and correct
identifying data, but due to a production
error, the labelling appears at intervals
that exceed the 6-inch maximum
spacing required by the standard.
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Frm 00121
Fmt 4703
Sfmt 4703
(b) RAUS noted that all of the affected
products are labeled in accordance with
the requirements of FMVSS No. 106
S7.2.1 with the exception of print
legend spacing.
(c) These products are sold only to
one Original Equipment Manufacturer,
Volvo Trucks North America (VTNA),
which then paints the complete chassis
to include painting over the tubing. All
of these products meet all of the
applicable performance requirements of
FMVSS No. 106. These products
perform exactly as designed. The safety
of the vehicle is uncompromised.
(d) The noncompliant products were
produced between October 16, 2015 and
August 30, 2016. VTNA first notified
RAUS of the noncompliance on August
30, 2016. Immediately on that date,
RAUS recalibrated the equipment to
ensure compliance on all future tubing
products and is conducting initial and
secondary quality checks to guarantee
compliance prior to shipment to VTNA.
VTNA is the only customer that receives
this product and is fully aware of the
situation. RAUS fully believes that these
labeling errors are inconsequential to
motor vehicle safety because the tubing
is properly identified with all required
identifiers and meets the standards in
every other way. The only
noncompliance is the spacing in which
the print legends exceed 6 inch intervals
in various measurements ranging from
6.5 inches to 11.5 inches.
(e) This noncompliance does not
create an unreasonable risk of death or
injury in an accident, nor does it create
any operational issues or safety
concerns regarding the vehicle. The
Safety Act allows for exemptions for
manufacturers from the Safety Act’s
notice and remedy requirements
particularly when the noncompliance
does not create an unreasonable risk of
death or injury in an accident.
(f) The subject brake tubing was
marked correctly with all required
identifiers yet the print legends fell
beyond the maximum 6 inch intervals.
This error is inconsequential to motor
vehicle safety. One of the main purposes
FMVSS No. 106, S7.2.1 is to identify the
manufacturer of the brake tubing in the
event of a product recall. If a recall of
this air brake tubing were to become
necessary in the future, the affected
products could still be easily identified
by the markings which are
conspicuously printed on all of the
tubing.
(g) There are several examples of
NHTSA granting petitions from the
reporting and notification requirements
based on determinations of
inconsequential noncompliance for
similar marking/labeling issues
E:\FR\FM\25NON1.SGM
25NON1
Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices
including the granting of the Grote
Industries LLC petition on January 23,
2015.
RAUS concluded by expressing the
belief that the subject noncompliance is
inconsequential as it relates to motor
vehicle safety, and that its petition to be
exempted from providing notification of
the noncompliance, as required by 49
U.S.C. 30118, and a remedy for the
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 hoses that RAUS no longer
controlled at the time it determined that
the noncompliance existed. However,
any decision on this petition does not
relieve equipment distributors and
dealers of the prohibitions on the sale,
offer for sale, or introduction or delivery
for introduction into interstate
commerce of the noncompliant hoses
under their control after RAUS 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,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016–28119 Filed 11–23–16; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Hazardous Materials: Notice of
Applications for Special Permits
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: List of applications delayed
more than 180 days.
AGENCY:
In accordance with the
procedures governing the application
for, and the processing of, special
permits from the Department of
Transportation’s Hazardous Material
Regulations (49 CFR part 107, subpart
B), notice is hereby given that the Office
of Hazardous Materials Safety has
received the application described
herein. Each mode of transportation for
which a particular special permit is
requested is indicated by a number in
the ‘‘Nature of Application’’ portion of
the table below as follows: 1—Motor
vehicle, 2—Rail freight, 3—Cargo vessel,
4—Cargo aircraft only, 5—Passengercarrying aircraft.
SUMMARY:
85325
Comments must be received on
or before December 27, 2016.
ADDRESSES: Record Center, Pipeline and
Hazardous Materials Safety
Administration, U.S. Department of
Transportation, Washington, DC 20590.
Comments should refer to the
application number and be submitted in
triplicate. If confirmation of receipt of
comments is desired, include a selfaddressed stamped postcard showing
the special permit number.
FOR FURTHER INFORMATION CONTACT:
Ryan Paquet, Director, Office of
Hazardous Materials Approvals and
Permits Division, Pipeline and
Hazardous Materials Safety
Administration, U.S. Department of
Transportation, East Building, PHH–30,
1200 New Jersey Avenue Southeast,
Washington, DC 20590–0001, (202) 366–
4535.
SUPPLEMENTARY INFORMATION: Copies of
the applications are available for
inspection in the Records Center, East
Building, PHH–30, 1200 New Jersey
Avenue Southeast, Washington, DC or at
https://regulations.gov.
This notice of receipt of applications
for special permit is published in
accordance with Part 107 of the Federal
hazardous materials transportation law
(49 U.S.C. 5117(b); 49 CFR 1.53(b)).
DATES:
Issued in Washington, DC, on November 2,
2016.
Donald Burger,
Chief, Office of the Special Permits and
Approvals.
SPECIAL PERMITS DATA
Docket No.
Applicant
8451–R ..............
...........................
Capco, Inc ......................
11180–M ...........
...........................
Affival Inc ........................
12412–P ............
...........................
Delmarva Custom Applicators LLC.
12412–R ............
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Application No.
...........................
Enova Solutions, Inc ......
12412–R ............
...........................
Green Touch Systems,
LLC.
VerDate Sep<11>2014
18:57 Nov 23, 2016
Jkt 241001
PO 00000
Frm 00122
Regulation(s) affected
Nature of the special permits thereof
172.320, 173.54(a),
To authorize the transportation in commerce of not
173.54(j), 173.56(b),
more than 25 grams of solid explosive or pyro173.57, 173.58, 173.60.
technic material, including waste containing explosives that has energy density not significantly
greater than that of pentaerythritol tetranitrate,
classed as Division 1.4E, when packed in a
special shipping container.
173.24(c) ........................ To modify the special permit to authorize metal
tubes with a decreased diameter and an increased length to be authorized under the special permit.
177.834(h), 172.203(a),
To authorize the discharge of liquid hazardous
172.302(c).
materials from certain UN intermediate Bulk
Containers (IBCs) and DOT Specification 57
portable tanks without removing them from the
vehicle on which they are transported.
177.834(h), 172,203(a),
To consolidate the exemptions that currently au172.302(c).
thorize the discharge of hazardous materials in
UN intermediate Bulk Containers (IBC) without
removing the IBC from the motor vehicle on
which it is transported.
177.834(h), 172.203(a),
To consolidate the exemptions that currently au172.302(c).
thorize the discharge of hazardous materials on
UN Intermediate Bulk Containers (IBC) without
removing the IBC from the motor vehicle on
which it is transported.
Fmt 4703
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E:\FR\FM\25NON1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Notices]
[Pages 85323-85325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28119]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0108; Notice 1]
Reflex & Allen USA, Incorporated, Receipt of Petition for
Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
-----------------------------------------------------------------------
SUMMARY: Reflex & Allen USA, Incorporated (RAUS), has determined that
certain Reflex & Allen air brake tubing products do not fully comply
with Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake
Hoses. RAUS filed a defect report dated September 1, 2016, and amended
it on September 13, 2016. RAUS also petitioned NHTSA on September 30,
2016, for a decision that the subject noncompliance is inconsequential
as it relates to motor vehicle safety.
DATES: The closing date for comments on the petition is December 27,
2016.
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 in the title 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 Delivery: 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
[[Page 85324]]
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 (FDMS) Web site at https://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 comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the Internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).
SUPPLEMENTARY INFORMATION:
I. Overview
Reflex & Allen USA, Incorporated (RAUS), has determined that
certain Reflex & Allen air brake tubing products do not fully comply
with paragraph S7.2.1 of Federal Motor Vehicle Safety Standard (FMVSS)
No. 106, Brake Hoses. RAUS filed a report dated September 1, 2016, and
amended it on September 13, 2016, pursuant to 49 CFR part 573, Defect
and Noncompliance Responsibility and Reports. RAUS also petitioned
NHTSA on September 30, 2016, under 49 CFR part 556 for a decision that
the subject noncompliance is inconsequential as it relates to motor
vehicle safety.
Pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
RAUS 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 as it relates to motor vehicle safety.
This notice of receipt of RAUS'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. Hoses Involved
Approximately 4,500 Reflex & Allen air brake tubing products
manufactured between October 16, 2015 and August 30, 2016 are
potentially involved.
III. Noncompliance
RAUS explains that the noncompliance is that the subject brake
hoses are labeled at intervals ranging from 6.5 inches to 11.5 inches,
thereby exceeding 6-inch maximum spacing required by paragraph S7.2.1
of FMVSS No. 106.
IV. Rule Text
Paragraph S7.2.1 of FMVSS No. 106 states:
S7.2.1 Hose. Each air brake hose shall be labeled, or cut from bulk
hose that is labeled, at intervals of not more than 6 inches,
measured from the end of one legend to the beginning of the next, in
block capital letters and numerals at least one-eighth of an inch
high, with the information listed in paragraphs (a) through (e) of
this section. The information need not be present on hose that is
sold as part of a brake hose assembly or a motor vehicle.
V. Summary of RAUS's Petition
RAUS described the subject noncompliance and stated its belief that
the noncompliance is inconsequential as it relates to motor vehicle
safety.
In support of its petition, RAUS submitted the following reasoning:
(a) RAUS notified NHTSA in a 573 report in early September of 2016
of a potential noncompliance within a population of air brake tubing
products. The report was subsequently amended to correct affected part
numbers. As described in RAUS's noncompliance notification, the subject
air brake tubing is labeled with the complete and correct identifying
data, but due to a production error, the labelling appears at intervals
that exceed the 6-inch maximum spacing required by the standard.
(b) RAUS noted that all of the affected products are labeled in
accordance with the requirements of FMVSS No. 106 S7.2.1 with the
exception of print legend spacing.
(c) These products are sold only to one Original Equipment
Manufacturer, Volvo Trucks North America (VTNA), which then paints the
complete chassis to include painting over the tubing. All of these
products meet all of the applicable performance requirements of FMVSS
No. 106. These products perform exactly as designed. The safety of the
vehicle is uncompromised.
(d) The noncompliant products were produced between October 16,
2015 and August 30, 2016. VTNA first notified RAUS of the noncompliance
on August 30, 2016. Immediately on that date, RAUS recalibrated the
equipment to ensure compliance on all future tubing products and is
conducting initial and secondary quality checks to guarantee compliance
prior to shipment to VTNA. VTNA is the only customer that receives this
product and is fully aware of the situation. RAUS fully believes that
these labeling errors are inconsequential to motor vehicle safety
because the tubing is properly identified with all required identifiers
and meets the standards in every other way. The only noncompliance is
the spacing in which the print legends exceed 6 inch intervals in
various measurements ranging from 6.5 inches to 11.5 inches.
(e) This noncompliance does not create an unreasonable risk of
death or injury in an accident, nor does it create any operational
issues or safety concerns regarding the vehicle. The Safety Act allows
for exemptions for manufacturers from the Safety Act's notice and
remedy requirements particularly when the noncompliance does not create
an unreasonable risk of death or injury in an accident.
(f) The subject brake tubing was marked correctly with all required
identifiers yet the print legends fell beyond the maximum 6 inch
intervals. This error is inconsequential to motor vehicle safety. One
of the main purposes FMVSS No. 106, S7.2.1 is to identify the
manufacturer of the brake tubing in the event of a product recall. If a
recall of this air brake tubing were to become necessary in the future,
the affected products could still be easily identified by the markings
which are conspicuously printed on all of the tubing.
(g) There are several examples of NHTSA granting petitions from the
reporting and notification requirements based on determinations of
inconsequential noncompliance for similar marking/labeling issues
[[Page 85325]]
including the granting of the Grote Industries LLC petition on January
23, 2015.
RAUS concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
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 hoses that RAUS no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve equipment
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant hoses under their control after RAUS
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,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-28119 Filed 11-23-16; 8:45 am]
BILLING CODE 4910-59-P
