Reflex & Allen USA, Incorporated, Grant of Petition for Decision of Inconsequential Noncompliance, 49263-49265 [2017-22993]
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Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices
has also tentatively decided to require,
as a condition for import eligibility, that
Canadian-certified multipurpose
passenger vehicles, trucks, and buses
with a GVWR of 4,536 kg (10,000 lb) or
less manufactured on or after September
1, 2017, and before September 1, 2022,
comply, as originally manufactured,
with FMVSS Nos. 138, 201, 206, 208,
213, and 214, and insofar as they are
applicable, with FMVSS No. 225, and
the updated requirements of FMVSS
Nos. 111 and 226. Finally, NHTSA has
tentatively decided to require that
trucks and buses with a GVWR greater
than 4,536 kg (10,000 lb) manufactured
on or after August 1, 2019, that are
subject to FMVSS No. 136 to comply, as
originally manufactured, with that
standard in order to be eligible to
import. Effective dates for the updated
or newly enacted standards are outlined
below.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Future Cut-Off Date
To avoid the need to amend any
existing eligibility decisions in the event
that there are any further requirements
imposed under the FMVSS that are not
carried into the corresponding CMVSS,
NHTSA has tentatively decided to limit
its import eligibility decisions for
Canadian-certified motor vehicles to
those manufactured before September 1,
2022. Prior to that date, the agency will
assess whether there is a need to
condition the import eligibility of any
subsequently manufactured Canadiancertified vehicles on compliance with
any additional FMVSS. The agency
intends to issue new decisions covering
vehicles manufactured on or after
September 1, 2022, within a sufficient
period before that date is reached.
Tentative Decision
Pending its review of any comments
submitted in response to this notice,
NHTSA hereby tentatively decides
that—
(a) All passenger cars manufactured
on or after September 1, 2017, and
before May 1, 2018, that as originally
manufactured, comply with FMVSS
Nos. 138, 201, 206, 208, 213, 214, 225,
and insofar as it is applicable with
FMVSS No. 226; and
(b) All passenger cars manufactured
on or after May 1, 2018, and before
September 1, 2022, that as originally
manufactured, comply with FMVSS
Nos. 111, 138, 201, 206, 208, 213, 214,
225, and insofar as it is applicable, with
FMVSS No. 226; and
(c) All multipurpose passenger
vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less
manufactured on or after September 1,
2017, and before May 1, 2018, that as
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originally manufactured, comply with
FMVSS Nos. 138, 201, 206, 208, 213,
and 214, and insofar as they are
applicable, with FMVSS Nos. 222, 225,
and, 226; and
(d) All multipurpose passenger
vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less
manufactured on or after May 1, 2018,
and before September 1, 2022, that as
originally manufactured, comply with
FMVSS Nos. 111, 138, 201, 206, 208,
213, and 214, and insofar as they are
applicable, with FMVSS Nos. 222, 225,
and 226; and
(e) All multipurpose passenger
vehicles, trucks, and buses with a
GVWR greater than 4,536 kg (10,000 lb)
manufactured on or after August 1,
2019, and before September 1, 2022,
that as originally manufactured, comply
with FMVSS No. 136 insofar as it is
applicable; that are certified by their
original manufacturer as complying
with all applicable CMVSS, are eligible
for importation into the United States
on the basis that either:
1. They are substantially similar to
vehicles of the same make, model, and
model year originally manufactured for
importation into and sale in the United
States, or originally manufactured in the
United States for sale therein, and
certified as complying with all
applicable FMVSS, and are capable of
being readily altered to conform to all
applicable FMVSS, or
2. They have safety features that
comply with, or are capable of being
altered to comply with, all applicable
FMVSS.
Vehicle Eligibility Number
In order to import a vehicle made
admissible under any final decision, the
importer must indicate to U.S. Customs
and Border Protection that the vehicle
has been determined eligible for
importation. This is done by indicating
the eligibility number, published under
that final decision, on the U.S.
Department of Transportation
declaration form HS–7. Vehicle
Eligibility Number VSA–80 is currently
assigned to Canadian-certified passenger
cars, Vehicle Eligibility Number VSA–
81 is currently assigned to Canadiancertified multipurpose passenger
vehicles, trucks, and buses with a
GVWR of 4,536 kg (10,000 lb) or less,
and Vehicle Eligibility Number VSA–82
is currently assigned to Canadiancertified multipurpose passenger
vehicles, trucks, and buses with a
GVWR greater than 4,536 kg (10,000 lb).
If this tentative decision is made final,
all passenger cars admissible under the
final decision will be assigned vehicle
eligibility number VSA–80, all
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49263
multipurpose passenger vehicles,
trucks, and buses with a GVWR of less
than 4,536 kg (10,000 lb) admissible
under the final decision will be assigned
vehicle eligibility number VSA–81, and
all multipurpose passenger vehicles,
trucks, and buses with a GVWR greater
than 4,536 kg (10,000 lb) admissible
under the final decision will be assigned
vehicle eligibility number VSA–82.
Authority: 49 U.S.C. 30141(a)(1)(A),
(a)(1)(B), and (b)(1); 49 CFR 593.8; delegation
of authority at 49 CFR 1.95.
Jack Danielson,
Acting Deputy Administrator.
[FR Doc. 2017–22693 Filed 10–23–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2016–0108; Notice 2]
Reflex & Allen USA, Incorporated,
Grant of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant 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 noncompliance
information 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.
ADDRESSES: For further information
regarding this decision please contact
Leroy Angeles, Office of Vehicle Safety
Compliance, the National Highway
Traffic Safety Administration (NHTSA),
telephone (202) 366–5304, facsimile
(202) 366–3081.
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
SUMMARY:
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49264
Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices
on September 30, 2016, pursuant to 49
U.S.C. 30118(d) and 30120(h) and 49
CFR part 556, 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.
Notice of receipt of the petition was
published, with a 30-day public
comment period, on November 25,
2016, in the Federal Register (81 FR
85323). No comments were received. To
view the petition and all supporting
documents log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2016–
0108.’’
II. Hoses Involved: Approximately
4,500 Reflex & Allen air brake hose
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:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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 labeling appears at intervals
that exceed the 6-inch maximum
spacing required by the standard.
(b) RAUS noted that all affected
products are labeled in accordance with
the requirements of FMVSS No. 106
S7.2.1 except for the print legend
spacing.
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17:47 Oct 23, 2017
Jkt 244001
(c) These products are sold only to
one Original Equipment Manufacturer
(OEM), Volvo Trucks North America
(VTNA), which then paints the
complete chassis to include painting
over the tubing. These products meet all
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
these products 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
including the granting of the Grote
Industries LLC petition on January 23,
2015.
RAUS concluded by expressing the
belief that the subject noncompliance is
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Frm 00093
Fmt 4703
Sfmt 4703
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 Decision
NHTSA Analyses: NHTSA has
reviewed and accepts RAUS’s analysis
that the subject noncompliance is
inconsequential to motor vehicle safety.
Specifically, the labeling interval of the
brake hose ranging from 6.5 inches to
11.5 inches poses little if any risk to
motor vehicle safety given the fact that
every product manufactured by RAUS is
labeled with all information required by
FMVSS No. 106.
RAUS stated that the subject hoses are
sold to only one vehicle manufacturer,
Volvo Trucks North America (VTNA)
and are marked with all the required
identifiers. In addition, RAUS states that
the subject hoses meet all FMVSS No.
106 requirements other than the labeling
interval. As part of NHTSA’s review of
RAUS’s petition, NHTSA contacted
RAUS to verify that every hose
produced is in fact labeled. RAUS
responded that the subject hoses are
manufactured in continuous lengths
that are labeled. Then the subject bulk
hose is shipped or transported from
RAUS’s facilities to VTNA on cardboard
reels. RAUS stated that VTNA cuts
individual hoses from the bulk hose and
installs them onto vehicle chassis
frames. The chassis frames and hoses
are painted after the brake hoses are
installed on the chassis.
NHTSA evaluated if having the
required labeling information in
intervals of 6.5 to 11.5 inches was
inconsequential to safety under these
circumstances. NHTSA reiterates the
need for brake hose labeling required by
paragraph S7.2 of FMVSS No. 106
which can be summarized as: (a) The
symbol DOT, constituting the
manufacturer’s certification that the
hose conforms to all applicable FMVSS;
(b) manufacturer’s designation; (c) date
of manufacture; (d) nominal inside hose
diameter; and (e) hose type designation.
In this situation, all required labeling
was present on every item sold by
RAUS to VTNA. The bulk hose was
labeled at an interval that ranged from
6.5 to 11.5 inch. NHTSA agrees that the
users of the bulk brake hose would have
ready access to all required information
during handling and processing of the
bulk hose. Furthermore, NHTSA agrees
with RAUS, that in the event of a recall,
RAUS or VTNA would be able to easily
identify the subject hoses by the
required markings on the bulk hose
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asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices
before the hose is cut or installed in
vehicles.
As part of its analysis, NHTSA also
considered if the hoses need to be
labeled after they are installed on
vehicles. Paragraph S7.2.1 of FMVSS
No. 106 states ‘‘. . . The information
need not be present on hose that is sold
as part of a brake hose assembly or a
motor vehicle.’’ The vehicle
manufacturer who installs the subject
hoses into their vehicles, in this case
VTNA, is required to certify the vehicles
they manufacture meet all applicable
Federal Motor Vehicle Safety Standards,
including FMVSS No. 106. Therefore,
VTNA, by cutting and installing the
hose on its vehicles takes responsibility
for the hose as part of the vehicle.
Should there be an issue with the brake
hoses installed on VTNA vehicles,
VTNA would be responsible for
identifying scope and conducting a
recall of the vehicles.
RAUS stated that on August 30, 2016,
they recalibrated their equipment and
implemented quality checks to ensure
compliance of all future hoses delivered
to VTNA.
NHTSA’s Decision: In consideration
of the foregoing, NHTSA finds that
RAUS has met its burden of persuasion
that the subject FMVSS No. 106
noncompliance is inconsequential to
motor vehicle safety. Accordingly,
NHTSA hereby grants RAUS’s petition
and RAUS is consequently exempted
from the obligation of providing
notification of, and a free 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
hoses that RAUS no longer controlled at
the time it determined that the
noncompliance existed. However, the
granting of 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.
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17:47 Oct 23, 2017
Jkt 244001
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. 2017–22993 Filed 10–23–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for REG–132455–11 Reporting
of Minimum Essential Coverage (TD
9660–Final)
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of information collection;
request for comments.
AGENCY:
The Internal Revenue Service
(IRS), as part of its continuing effort to
reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on continuing
information collections, as required by
the Paperwork Reduction Act of 1995.
The IRS is soliciting comments
concerning Form 1094–B, Transmittal of
Health Coverage Information Returns
and Form 1095–B, Health Coverage.
DATES: Written comments should be
received on or before December 26, 2017
to be assured of consideration.
ADDRESSES: Direct all written comments
to L. Brimmer, Internal Revenue
Service, Room 6526, 1111 Constitution
Avenue NW., Washington, DC 20224.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the regulation should be
directed to Taquesha Cain, at (202) 317–
8979, Room 6526, 1111 Constitution
Avenue NW., Washington, DC 20224, or
through the internet at
Taquesha.R.Cain@irs.gov.
SUPPLEMENTARY INFORMATION:
Title: Transmittal of Health Coverage
Information Returns and Health
Coverage.
OMB Number: 1545–2252.
Form Number: 1094–B and 1095–B.
Abstract: The Form 1094–B and Form
1095–B under the authority of IRC
section 6055, added by Public Law 111–
148, Patient Protection and Affordable
Care Act (ACA), section 1502(a). Section
6055(a) requires every health insurance
issuer, sponsor of a self-insured health
plan, government agency that
administers government-sponsored
health insurance programs and other
entity that provides minimum essential
coverage to file annual returns reporting
SUMMARY:
PO 00000
Frm 00094
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49265
information for each individual for
whom minimum essential coverage is
provided. Form 1094–B, serves as a
transmittal for Form 1095–B, Health
Coverage.
Current Actions: There is no change to
this existing regulation. However, the
agency has updated the number of
respondents to reflect the most recent
data available.
Type of Review: Revision of a
currently approved collection.
Affected Public: Business or other forprofit organizations, not-for-profit
institutions, farms, and state, local, or
tribal governments.
1094–B:
Estimated Number of Respondents:
30,000.
Estimated Time per Respondent: 10
minutes.
Estimated Total Annual Burden
Hours: 5,000.
1095–B:
Estimated Number of Respondents:
125,000,000.
Estimated Time per Respondent: 1
minute.
Estimated Total Annual Burden
Hours: 2,083,333.
The following paragraph applies to all
of the collections of information covered
by this notice:
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid OMB control number.
Books or records relating to a
collection of information must be
retained as long as their contents may
become material in the administration
of any internal revenue law. Generally,
tax returns and tax return information
are confidential, as required by 26
U.S.C. 6103.
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
E:\FR\FM\24OCN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Pages 49263-49265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22993]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0108; Notice 2]
Reflex & Allen USA, Incorporated, Grant of Petition for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant 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 noncompliance information 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.
ADDRESSES: For further information regarding this decision please
contact Leroy Angeles, Office of Vehicle Safety Compliance, the
National Highway Traffic Safety Administration (NHTSA), telephone (202)
366-5304, facsimile (202) 366-3081.
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
[[Page 49264]]
on September 30, 2016, pursuant to 49 U.S.C. 30118(d) and 30120(h) and
49 CFR part 556, 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.
Notice of receipt of the petition was published, with a 30-day
public comment period, on November 25, 2016, in the Federal Register
(81 FR 85323). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: https://www.regulations.gov/. Then follow the
online search instructions to locate docket number ``NHTSA-2016-0108.''
II. Hoses Involved: Approximately 4,500 Reflex & Allen air brake
hose 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 labeling appears at intervals
that exceed the 6-inch maximum spacing required by the standard.
(b) RAUS noted that all affected products are labeled in accordance
with the requirements of FMVSS No. 106 S7.2.1 except for the print
legend spacing.
(c) These products are sold only to one Original Equipment
Manufacturer (OEM), Volvo Trucks North America (VTNA), which then
paints the complete chassis to include painting over the tubing. These
products meet all 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
these products 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
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 Decision
NHTSA Analyses: NHTSA has reviewed and accepts RAUS's analysis that
the subject noncompliance is inconsequential to motor vehicle safety.
Specifically, the labeling interval of the brake hose ranging from 6.5
inches to 11.5 inches poses little if any risk to motor vehicle safety
given the fact that every product manufactured by RAUS is labeled with
all information required by FMVSS No. 106.
RAUS stated that the subject hoses are sold to only one vehicle
manufacturer, Volvo Trucks North America (VTNA) and are marked with all
the required identifiers. In addition, RAUS states that the subject
hoses meet all FMVSS No. 106 requirements other than the labeling
interval. As part of NHTSA's review of RAUS's petition, NHTSA contacted
RAUS to verify that every hose produced is in fact labeled. RAUS
responded that the subject hoses are manufactured in continuous lengths
that are labeled. Then the subject bulk hose is shipped or transported
from RAUS's facilities to VTNA on cardboard reels. RAUS stated that
VTNA cuts individual hoses from the bulk hose and installs them onto
vehicle chassis frames. The chassis frames and hoses are painted after
the brake hoses are installed on the chassis.
NHTSA evaluated if having the required labeling information in
intervals of 6.5 to 11.5 inches was inconsequential to safety under
these circumstances. NHTSA reiterates the need for brake hose labeling
required by paragraph S7.2 of FMVSS No. 106 which can be summarized as:
(a) The symbol DOT, constituting the manufacturer's certification that
the hose conforms to all applicable FMVSS; (b) manufacturer's
designation; (c) date of manufacture; (d) nominal inside hose diameter;
and (e) hose type designation. In this situation, all required labeling
was present on every item sold by RAUS to VTNA. The bulk hose was
labeled at an interval that ranged from 6.5 to 11.5 inch. NHTSA agrees
that the users of the bulk brake hose would have ready access to all
required information during handling and processing of the bulk hose.
Furthermore, NHTSA agrees with RAUS, that in the event of a recall,
RAUS or VTNA would be able to easily identify the subject hoses by the
required markings on the bulk hose
[[Page 49265]]
before the hose is cut or installed in vehicles.
As part of its analysis, NHTSA also considered if the hoses need to
be labeled after they are installed on vehicles. Paragraph S7.2.1 of
FMVSS No. 106 states ``. . . The information need not be present on
hose that is sold as part of a brake hose assembly or a motor
vehicle.'' The vehicle manufacturer who installs the subject hoses into
their vehicles, in this case VTNA, is required to certify the vehicles
they manufacture meet all applicable Federal Motor Vehicle Safety
Standards, including FMVSS No. 106. Therefore, VTNA, by cutting and
installing the hose on its vehicles takes responsibility for the hose
as part of the vehicle. Should there be an issue with the brake hoses
installed on VTNA vehicles, VTNA would be responsible for identifying
scope and conducting a recall of the vehicles.
RAUS stated that on August 30, 2016, they recalibrated their
equipment and implemented quality checks to ensure compliance of all
future hoses delivered to VTNA.
NHTSA's Decision: In consideration of the foregoing, NHTSA finds
that RAUS has met its burden of persuasion that the subject FMVSS No.
106 noncompliance is inconsequential to motor vehicle safety.
Accordingly, NHTSA hereby grants RAUS's petition and RAUS is
consequently exempted from the obligation of providing notification of,
and a free 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 hoses that RAUS no longer controlled at the
time it determined that the noncompliance existed. However, the
granting of 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. 2017-22993 Filed 10-23-17; 8:45 am]
BILLING CODE 4910-59-P
