Notice of Receipt of Petition for Decision That Nonconforming Model Year 2014 EMU Camper Trailer 4x4 Extreme Adventure Trailers Are Eligible for Importation, 17068-17069 [2017-06950]
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17068
Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices
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dual-application positions on Axles 3
and 4 as stated by BATO.
2. BATO stated that two tires were
sent to a customer using the affected
tires in a single-load application on a
heavy-duty snowplow and that the
proper maximum loading information
for single-load is marked on the
sidewall of the tire.
3. BATO stated that about 10% of the
subject tires were sold to customers that
use these tires on private or unpaved
roads. These customers are using the
tires on logging trailers at forestry sites
and on equipment trailers at oil
exploration sites. In both cases, these
off-road trailers are operated almost
exclusively on unpaved, private roads,
and are not considered to be ‘‘motor
vehicles’’ as defined by the Motor
Vehicle Safety Act. See 49 U.S.C.
30102(a)(6) which defines a ‘‘motor
vehicle’’ as one that is ‘‘manufactured
primarily for use on public streets, roads
and highways’’.
BATO added that the subject tires are
performing extremely well in the field.
The subject tires have been in the
market for up to 17 months
(manufactured dates range from April 5,
2015, to March 30, 2016), and there is
no indication of problems related to
potential overload. BATO included that
there have been no claims, lawsuits,
adjustments, accidents, collisions or
losses of control related to the subject
tires.
4. BATO states that NHTSA has
previously granted petitions in which
the ‘‘dual’’ maximum load information
was marked incorrectly on the subject
tires. BATO specifically cited Michelin
69 FR 62512; October 26, 2004, and
Michelin 71 FR 77092; December 22,
2006.
BATO 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’s Decision
NHTSA’s Analysis: NHTSA agrees
that the noncompliance is
inconsequential to motor vehicle safety.
However, NHTSA has some reservations
about BATO’s petition. NHTSA’s
analysis of BATO’s points are described
below:
BATO asserted that NHTSA has
previously granted inconsequential
noncompliance petitions that are similar
to the subject noncompliance. NHTSA
responds that those petitions are not
similar because they are cases involving
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14:52 Apr 06, 2017
Jkt 241001
specific conditions in which both the
‘‘Single’’ and ‘‘Dual’’ loads were marked
on the sidewall of the tire and the
‘‘Dual’’ loads were within the safety
factor range associated for similar tires
of its size. (See Michelin 71 FR 77092;
Dec. 22, 2006, and Michelin 69 FR
62512; October 26, 2004.)
BATO states that the subject tires
meet or exceed all of the performance
requirements of FMVSS No. 119 which
were tested and passed at the single tire
load, which is higher and more
punishing than that of the dual tire load.
NHTSA does not find this to be a
compelling argument. NHTSA does not
agree that complying to the standard
when tested in the manufacturer’s single
load specification negates the necessity
for the tire to be properly marked with
the correct dual load rating which,
intentionally, is lower than the single
load rating. The dual load rating is
necessary to ensure a factor of safety
during on road use conditions involving
a dual-load configuration.
What NHTSA finds relevant to a
decision of inconsequential
noncompliance is that the use of the
subject tires is restricted to three
specific cases: vehicles using the tires
only in a single-load configuration;
Vehicles the agency has determined to
be off-road vehicles; and military
vehicles. The analysis of each of these
scenarios follows:
First, BATO indicated that two of the
subject tires were sold for use on a
heavy-duty snowplow. The heavy-duty
snowplow that uses these tires uses
them exclusively in a single load
application. The subject tires are
marked properly on the sidewall for
single load application and thus an enduser would be able to load the vehicle
properly. Therefore, NHTSA agrees that
in this specific case, the noncompliance
is inconsequential to safety.
Second, approximately 10% of the
subject tires are used exclusively for offroad forestry logging and oil site
exploration. In a letter dated July 25,
2011, NHTSA’s Office of Chief Counsel
communicated to the Michigan
Association of Timbermen the
following: ‘‘NHTSA has issued several
interpretations of this language. We
have stated that vehicles equipped with
tracks, agricultural equipment, and
other vehicles incapable of highway
travel are not motor vehicles. We have
also determined that certain vehicles
designed and sold solely for off-road use
(e.g., airport runway vehicles and
underground mining vehicles) are not
motor vehicles, even if they may be
operationally capable of highway
travel.’’ In light of this, NHTSA agrees
that in the case of the subject tires, the
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Fmt 4703
Sfmt 4703
noncompliance is inconsequential as it
relates to motor vehicle safety because
the tires are not used on public roads.
Finally, approximately 90% of the
subject tires were sold to the U.S. Army
for use on M911 HET military vehicles.
In this application, the M911 HET
technical manual specifies the tire
inflation pressure to be 85 psi and limits
the tire loading to 8,125 lbs per tire due
to the vehicle’s axle design. BATO
claims that the subject tires were
designed and certified to meet a dualload limit of 9,410 lbs at 85 psi, a fact
corroborated by the TRA year book, and
that each tire would have 1,285 lbs of
reserve load (nearly 14%). For these
reasons, NHTSA believes that the
subject tires have sufficient capacity for
the expected loads during usage on the
M911 HET military vehicles. Based on
the restrictions within the military
manual, the culture of the military to
comply with such documentation, and
the high level of maintenance that
military vehicles receive, NHTSA
further believes that these tires will not
be used in an overloaded configuration.
Therefore, the noncompliance is
inconsequential to vehicle safety in this
instance.
NHTSA’s Decision: In consideration
of the foregoing, NHTSA finds that
BATO has met its burden of persuasion
that in these specific vehicle
applications, the FMVSS No. 119
noncompliance is inconsequential to
motor vehicle safety. Accordingly,
BATO’s petition is hereby granted and
BATO is exempted from the obligation
of providing notification of, and remedy
for, the noncompliance.
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. 2017–06952 Filed 4–6–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA- 2016–0130; Notice 1]
Notice of Receipt of Petition for
Decision That Nonconforming Model
Year 2014 EMU Camper Trailer 4x4
Extreme Adventure Trailers Are
Eligible for Importation
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
E:\FR\FM\07APN1.SGM
07APN1
Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices
This document announces
receipt by the National Highway Traffic
Safety Administration (NHTSA) of a
petition for a decision that model year
(MY) 2014 EMU Camper Trailer 4x4
Extreme Adventure trailers that were
not originally manufactured to comply
with all applicable Federal motor
vehicle safety standards (FMVSS), are
eligible for importation into the United
States because they have safety features
that comply with, or are capable of
being altered to comply with, all such
standards.
DATES: The closing date for comments
on the petition is May 8, 2017.
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 be 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
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
nlaroche on DSK30NT082PROD with NOTICES
SUMMARY:
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14:52 Apr 06, 2017
Jkt 241001
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).
FOR FURTHER INFORMATION CONTACT:
George Stevens, Office of Vehicle Safety
Compliance, NHTSA (202–366–5308).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 30141(a)(1)(B), a
motor vehicle, including a trailer, that
was not originally manufactured to
conform to all applicable FMVSS, and
has no substantially similar U.S.certified counterpart, shall be refused
admission into the United States unless
NHTSA has decided that the motor
vehicle has safety features that comply
with, or are capable of being altered to
comply with, all applicable FMVSS
based on destructive test data or such
other evidence as NHTSA decides to be
adequate.
Petitions for eligibility decisions may
be submitted by either manufacturers or
importers who have registered with
NHTSA pursuant to 49 CFR part 592. As
specified in 49 CFR 593.7, NHTSA
publishes notice in the Federal Register
of each petition that it receives, and
affords interested persons an
opportunity to comment on the petition.
At the close of the comment period,
NHTSA decides, on the basis of the
petition and any comments that it has
received, whether the vehicle is eligible
for importation. The agency then
publishes this decision in the Federal
Register.
G&K Automotive Conversion Inc.
(G&K), of Santa Ana, California
(Registered Importer R–90–007) has
petitioned NHTSA to decide whether
nonconforming MY 2014 EMU Camper
Trailer 4x4 Extreme Adventure trailers
are eligible for importation into the
United States. G&K believes these
vehicles are capable of being modified
to meet all applicable FMVSS.
PO 00000
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Fmt 4703
Sfmt 4703
17069
G&K submitted information with its
petition intended to demonstrate that
MY 2014 EMU Camper Trailer 4x4
Extreme Adventure trailers are capable
of being altered to comply with all
applicable standards to which they were
not originally manufactured to conform.
Specifically, the petitioner contends
that the nonconforming MY 2014 EMU
Camper Trailer 4x4 Extreme Adventure
trailers meet or are capable of being
altered to meet the following standards,
in the manner indicated:
Standard No. 108 Lamps, Reflective
Devices and Associated Equipment:
Installation of the following U.S.certified components as necessary to
meet the requirements of the standard:
front and rear side marker lamps, stop
lamps, taillamps, turn signal lamps,
front clearance lamps, and side and rear
mounted reflex reflectors.
Standard No. 119 New pneumatic
tires for motor vehicles with a GVWR of
more than 10,000 pounds: Replacement
of any nonconforming tires with tires
that conform to the standard.
Standard No. 120 Tire Selection and
Rims and motor home/recreation
vehicle trailer: Installation of the
required tire information placard.
G&K further states that labels will be
affixed to conform to requirements of 49
CFR part 567 Certification.
This notice of receipt of G&K petition
does not represent any agency decision
or other exercise of judgment
concerning the merits of the petition.
Notice of final action on the petition
will be published in the Federal
Register pursuant to the authority
indicated below.
Authority: 49 U.S.C. 30141(a)(1)(A),
(a)(1)(B), and (b)(1); 49 CFR 593.7; delegation
of authority at 49 CFR 1.95 and 501.8.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017–06950 Filed 4–6–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2017–0011; Notice 1]
Daimler Trucks North America, LLC,
Receipt of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
Daimler Trucks North
America, LLC (DTNA), has determined
SUMMARY:
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07APN1
Agencies
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 17068-17069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06950]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA- 2016-0130; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
Model Year 2014 EMU Camper Trailer 4x4 Extreme Adventure Trailers Are
Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
-----------------------------------------------------------------------
[[Page 17069]]
SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
model year (MY) 2014 EMU Camper Trailer 4x4 Extreme Adventure trailers
that were not originally manufactured to comply with all applicable
Federal motor vehicle safety standards (FMVSS), are eligible for
importation into the United States because they have safety features
that comply with, or are capable of being altered to comply with, all
such standards.
DATES: The closing date for comments on the petition is May 8, 2017.
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 be
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 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).
FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle
Safety Compliance, NHTSA (202-366-5308).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 30141(a)(1)(B), a motor vehicle, including a
trailer, that was not originally manufactured to conform to all
applicable FMVSS, and has no substantially similar U.S.-certified
counterpart, shall be refused admission into the United States unless
NHTSA has decided that the motor vehicle has safety features that
comply with, or are capable of being altered to comply with, all
applicable FMVSS based on destructive test data or such other evidence
as NHTSA decides to be adequate.
Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
G&K Automotive Conversion Inc. (G&K), of Santa Ana, California
(Registered Importer R-90-007) has petitioned NHTSA to decide whether
nonconforming MY 2014 EMU Camper Trailer 4x4 Extreme Adventure trailers
are eligible for importation into the United States. G&K believes these
vehicles are capable of being modified to meet all applicable FMVSS.
G&K submitted information with its petition intended to demonstrate
that MY 2014 EMU Camper Trailer 4x4 Extreme Adventure trailers are
capable of being altered to comply with all applicable standards to
which they were not originally manufactured to conform.
Specifically, the petitioner contends that the nonconforming MY
2014 EMU Camper Trailer 4x4 Extreme Adventure trailers meet or are
capable of being altered to meet the following standards, in the manner
indicated:
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: Installation of the following U.S.-certified components as
necessary to meet the requirements of the standard: front and rear side
marker lamps, stop lamps, taillamps, turn signal lamps, front clearance
lamps, and side and rear mounted reflex reflectors.
Standard No. 119 New pneumatic tires for motor vehicles with a GVWR
of more than 10,000 pounds: Replacement of any nonconforming tires with
tires that conform to the standard.
Standard No. 120 Tire Selection and Rims and motor home/recreation
vehicle trailer: Installation of the required tire information placard.
G&K further states that labels will be affixed to conform to
requirements of 49 CFR part 567 Certification.
This notice of receipt of G&K petition does not represent any
agency decision or other exercise of judgment concerning the merits of
the petition. Notice of final action on the petition will be published
in the Federal Register pursuant to the authority indicated below.
Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-06950 Filed 4-6-17; 8:45 am]
BILLING CODE 4910-59-P