Volvo Trucks North America, Receipt of Petition for Decision of Inconsequential Noncompliance, 33549-33550 [2017-15253]

Download as PDF asabaliauskas on DSKBBXCHB2PROD with NOTICES Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices increase of 105 kg. The label on the CLS 400 4MATIC model vehicle specifies a 355 kg VCW which should have been 325 kg, an increase of 30 kg. These errors could cause a consumer to load the subject vehicles beyond their original design specifications. In its’ petition, MBUSA provided an analysis indicating the mounted tires on the subject vehicles are sufficient for carrying the maximum vehicle loads derived from the higher, incorrect, VCW values. For the CLS 400 vehicles the analysis indicates the tire load carrying capabilities exceed the maximum tire load by at least 147 kg (710 kg tire load rating minus 563 kg maximum tire load). For the CLS 400 4MATIC vehicles the analysis indicates the tire load carrying capabilities exceed the maximum tire load by at least 125 kg (709 kg tire load rating minus 584 kg maximum tire load). NHTSA verified the tire load ratings specified by MBUSA in accordance with the European Tyre and Rim Technical Organisation (ETRTO) manual. As shown by MBUSA, the tire capacities are more than adequate to handle the additional weight of the higher VCW values. MBUSA’s analysis shows that the tires mounted on the subject vehicles exceed the load requirements of FMVSS No. 110. MBUSA also mentioned that the certification labels affixed to the subject vehicles provide the vehicle’s gross axle weight ratings (GAWRs) and the gross vehicle weight rating (GVWR)in accordance with 49 CFR 567, Certification. MBUSA stated that the GAWRs and GVWR values provided on the subject vehicles are correct as labeled. These ratings are established by the vehicle manufacturer and provided as an alternative source of information consumers can use to ensure a vehicle and its’ axles are not overloaded. Vehicle manufacturers specify that these ratings should not be exceeded when loading any vehicle. The agency reviewed the maximum loads on the axles and vehicles, using the higher labeled VCW values, against the certified GAWRs and GVWR of the subject vehicles. For the CLS 400 4MATIC vehicles, maximum loads were well below the GAWR and GVWR values. For the CLS 400 vehicles, the maximum loads are essentially at the certified GAWRs and GVWR values. MBUSA also stated in its petition that the platform (chassis and axles) utilized on the subject vehicles is used with other CLS vehicle lines and is designed for vehicles with higher GVWRs. It appears from this analysis the subject vehicles can safely accommodate the VerDate Sep<11>2014 18:50 Jul 19, 2017 Jkt 241001 higher VCW loads without overload concerns. No comments were received during the receipt notice comment period. NHTSA Decision: In consideration of the foregoing, NHTSA finds that MBUSA has met its burden of persuasion that the FMVSS No. 110 noncompliance is inconsequential as it relates to motor vehicle safety. Accordingly, MBUSA’s petition is hereby granted and MBUSA is exempted from the obligation to provide notification of, and a remedy for, that noncompliance under 49 U.S.C. 30118 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 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, this decision only applies to the subject vehicles that MBUSA 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 vehicles under their control after MBUSA 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. 2017–15255 Filed 7–19–17; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2017–0015; Notice 1] Volvo Trucks North America, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Volvo Trucks North America (VTNA), has determined that certain model year (MY) 2017 Volvo VNL and 2017 Volvo VNM heavy duty trucks do not fully comply with Federal Motor SUMMARY: PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 33549 Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds). VTNA filed a noncompliance information report dated February 9, 2017. VTNA also petitioned NHTSA on February 28, 2017, and revised its petition on April 29, 2017, 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 August 21, 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 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. E:\FR\FM\20JYN1.SGM 20JYN1 asabaliauskas on DSKBBXCHB2PROD with NOTICES 33550 Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices 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: Volvo Trucks North America (VTNA), has determined that certain model year (MY) 2017 Volvo VNL and 2017 Volvo VNM heavy duty trucks do not fully comply with paragraph S5.2(b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds). VTNA filed a noncompliance report dated February 9, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. VTNA also petitioned NHTSA on February 28, 2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, and revised its petition on April 29, 2017, to obtain 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 VTNA’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. Vehicles Involved: Approximately 862 MY 2017 Volvo VNL and 2017 Volvo VNM heavy duty trucks, manufactured between August 15, 2016, and November 10, 2016, are potentially involved. III. Noncompliance: VTNA explains that the noncompliance is that the wheels on the subject vehicles incorrectly identify the rim size as 24.5″ x 8.25″ instead of 22.5″ x 8.25″, and therefore do not meet the requirements of paragraph S5.2(b) of FMVSS No. 120. Specifically, the marking error overstates the wheel diameter by 2″. IV. Rule Text: paragraph S5.2 of FMVSS No. 120 states: VerDate Sep<11>2014 18:50 Jul 19, 2017 Jkt 241001 S5.2 Rim marking. Each rim or, at the option of the manufacturer in the case of a single-piece wheel, wheel disc shall be marked with the information listed in paragraphs (a) through (e) of this paragraph, in lettering not less than 3 millimeters high, impressed to a depth or, at the option of the manufacturer, embossed to a height of not less than 0.125 millimeters . . . (b) The rim size designation, and in case of multipiece rims, the rim type designation. For example: 20 x 5.50, or 20 x 5.5. V. Summary of VTNA’s Petition: VTNA 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, VTNA referenced a letter to NHTSA, dated December 5, 2016, from Arconic Wheel and Transportation Products (Arconic), which is the rim manufacturer, and provided the following: 1. A 24.5″ inch tire will not seat on the rim; therefore, if someone tries to mount a 24.5″ tire to the rim, it will not hold air and therefore cannot be inflated. 2. When tires are replaced, the technician will select the tire based on the size and rating of the tire being replaced. When Volvo manufactured the vehicle, the tire used was a 22.5″ (i.e., the correct size for the rim). Therefore, the tires installed by Volvo have the correct size on the sidewall of the tire. 3. Volvo is required to list the tires size and inflation pressures on the certification label as required by 49 CFR 567. The information printed on the label is the correct size, a 22.5″ inch tire and reflects the tires that were installed when manufactured. The certification label is located inside the driver’s door and can be easily accessed by the tire installer. Volvo 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. To view VTNA’s petition analyses in its entirety you can visit https:// www.regulations.gov by following the online instructions for accessing the dockets and by using the docket ID number for this petition shown in the heading of this notice. 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 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 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 vehicles that VTNA no longer controlled at the time it determined that the noncompliance existed. However, any decision on 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 vehicles under their control after VTNA 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. 2017–15253 Filed 7–19–17; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Reports, Forms and Record Keeping Requirements; Agency Information Collection Activity Under OMB Review National Highway Traffic Safety Administration, DOT. ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The Federal Register Notice with a 60-day comment period was published on January 4, 2017. SUMMARY: Comments must be submitted on or before August 21, 2017. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance (NEF–230), National Highway Traffic Safety Administration, West Building, 4th Floor, Room W43– 481, 1200 New Jersey Avenue SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: National Highway Traffic Safety Administration. Title: 49 CFR part 566 Manufacturer Identification. OMB Number: 2127–0043. Type of Request: Extension of a Currently Approved Collection. DATES: E:\FR\FM\20JYN1.SGM 20JYN1

Agencies

[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Notices]
[Pages 33549-33550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15253]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0015; Notice 1]


Volvo Trucks North America, Receipt of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Receipt of petition.

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SUMMARY: Volvo Trucks North America (VTNA), has determined that certain 
model year (MY) 2017 Volvo VNL and 2017 Volvo VNM heavy duty trucks do 
not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 
120, Tire selection and rims and motor home/recreation vehicle trailer 
load carrying capacity information for motor vehicles with a GVWR of 
more than 4,536 kilograms (10,000 pounds). VTNA filed a noncompliance 
information report dated February 9, 2017. VTNA also petitioned NHTSA 
on February 28, 2017, and revised its petition on April 29, 2017, 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 August 21, 
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 
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.

[[Page 33550]]

    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: Volvo Trucks North America (VTNA), has determined that 
certain model year (MY) 2017 Volvo VNL and 2017 Volvo VNM heavy duty 
trucks do not fully comply with paragraph S5.2(b) of Federal Motor 
Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims and 
motor home/recreation vehicle trailer load carrying capacity 
information for motor vehicles with a GVWR of more than 4,536 kilograms 
(10,000 pounds). VTNA filed a noncompliance report dated February 9, 
2017, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. VTNA also petitioned NHTSA on February 28, 
2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 
and revised its petition on April 29, 2017, to obtain 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 VTNA'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. Vehicles Involved: Approximately 862 MY 2017 Volvo VNL and 2017 
Volvo VNM heavy duty trucks, manufactured between August 15, 2016, and 
November 10, 2016, are potentially involved.
    III. Noncompliance: VTNA explains that the noncompliance is that 
the wheels on the subject vehicles incorrectly identify the rim size as 
24.5'' x 8.25'' instead of 22.5'' x 8.25'', and therefore do not meet 
the requirements of paragraph S5.2(b) of FMVSS No. 120. Specifically, 
the marking error overstates the wheel diameter by 2''.
    IV. Rule Text: paragraph S5.2 of FMVSS No. 120 states:

    S5.2 Rim marking. Each rim or, at the option of the manufacturer 
in the case of a single-piece wheel, wheel disc shall be marked with 
the information listed in paragraphs (a) through (e) of this 
paragraph, in lettering not less than 3 millimeters high, impressed 
to a depth or, at the option of the manufacturer, embossed to a 
height of not less than 0.125 millimeters . . .
    (b) The rim size designation, and in case of multipiece rims, 
the rim type designation. For example: 20 x 5.50, or 20 x 5.5.

    V. Summary of VTNA's Petition: VTNA 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, VTNA referenced a letter to NHTSA, 
dated December 5, 2016, from Arconic Wheel and Transportation Products 
(Arconic), which is the rim manufacturer, and provided the following:
    1. A 24.5'' inch tire will not seat on the rim; therefore, if 
someone tries to mount a 24.5'' tire to the rim, it will not hold air 
and therefore cannot be inflated.
    2. When tires are replaced, the technician will select the tire 
based on the size and rating of the tire being replaced. When Volvo 
manufactured the vehicle, the tire used was a 22.5'' (i.e., the correct 
size for the rim). Therefore, the tires installed by Volvo have the 
correct size on the sidewall of the tire.
    3. Volvo is required to list the tires size and inflation pressures 
on the certification label as required by 49 CFR 567. The information 
printed on the label is the correct size, a 22.5'' inch tire and 
reflects the tires that were installed when manufactured. The 
certification label is located inside the driver's door and can be 
easily accessed by the tire installer.
    Volvo 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.
    To view VTNA's petition analyses in its entirety you can visit 
https://www.regulations.gov by following the online instructions for 
accessing the dockets and by using the docket ID number for this 
petition shown in the heading of this notice.
    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 vehicles that VTNA no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on 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 vehicles under their control after VTNA 
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. 2017-15253 Filed 7-19-17; 8:45 am]
BILLING CODE 4910-59-P