Reflex & Allen USA, Incorporated, Receipt of Petition for Decision of Inconsequential Noncompliance, 85323-85325 [2016-28119]

Download as PDF 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 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 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 25NON1 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. PO 00000 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 http://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 Sfmt 4703 E:\FR\FM\25NON1.SGM 25NON1

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