TAP Worldwide, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 49622-49624 [2019-20377]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 49622 Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Notices vehicles. For example, the manufacturer name, trademark, or symbol is not required to be marked on rims for use on passenger cars in accordance with FMVSS No. 110. The marking is helpful for traceability in the event that a future wheel defect was to be discovered. However, as EMV has only the single source for supply of the pertinent rim style, the absence of the marking does not inhibit traceability of the affected rims. It is noted that the other markings present such as the date of manufacture, heat treatment lot, and all other markings required as per FMVSS No. 120, paragraph S5.2, are present and provide for sufficient traceability of any given rim. EMV is not aware of any crashes, injuries, or customer complaints associated with the absence of the rim manufacturer name, trademark, or symbol marking. 2. EMV states that granting their petition for inconsequential noncompliance would be consistent with the NHTSA’s past decisions pertaining to rim markings required by FMVSS No. 120 and FMVSS No. 110 (for vehicles other than passenger cars). For example, EMV says NHTSA has granted petitions for inconsequential noncompliance related to the incorrect marking of the rim size and absence of required rim markings. 3. All affected MY 2018 and MY 2019 vehicles that are under EMV’s control in, or destined for, the United States have been or are in the process of being brought into compliance with the FMVSS No. 120 manufacturer marking requirements. EMV has additionally ensured that all required markings will be present on rims used for future production. EMV concluded 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 vehicles that EMV no longer controlled at the time it determined that the noncompliance existed. However, VerDate Sep<11>2014 17:13 Sep 19, 2019 Jkt 247001 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 EMV 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. Otto G. Matheke III, Director, Office of Vehicle Safety Compliance. [FR Doc. 2019–20374 Filed 9–19–19; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2019–0069; Notice 1] TAP Worldwide, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: TAP Worldwide, LLC, (TAP) has determined that certain model year (MY) 2017–2019 Smittybilt SCOUT Trailer Kits do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or Less. TAP filed a noncompliance report dated June 26, 2019. Tap also petitioned NHTSA on July 8, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of TAP’s petition. DATES: The closing date for comments on the petition is October 21, 2019. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket number and notice number cited in the title of this notice and may be submitted by any of the following methods: • Mail: Send comments by mail addressed to the 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 the U.S. Department of Transportation, Docket Operations, M– SUMMARY: PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 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 for Federal Holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website 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: TAP has determined that certain MY 2017–2019 Smittybilt SCOUT Trailer Kits do not fully comply with paragraph S4.3.5 and Figure 1 of FMVSS No. 110, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a E:\FR\FM\20SEN1.SGM 20SEN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Notices GVWR of 4,536 kilograms (10,000 pounds) or Less (49 CFR 571.110). TAP filed a noncompliance report dated June 26, 2019, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. TAP also petitioned NHTSA on July 8, 2019, 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, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance. This notice of receipt, of TAP’s petition, is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercises of judgment concerning the merits of the petition. II. Trailers Involved: Approximately 176 MY 2017–2019 Smittybilt SCOUT Trailer Kits, manufactured between March 31, 2017, and April 28, 2019, are potentially involved. III. Noncompliance: TAP explains that the noncompliance is that the vehicle placards on the subject trailer kits, do not fully comply with the formatting and color requirements as required by paragraph S4.3.5 and Figure 1 of FMVSS No. 110. IV. Rule Requirements: S4.3.5 and Figure 1 of FMVSS No. 110 includes the requirements relevant to this petition. Each trailer, except for incomplete vehicle, must show the information specified in S4.3(c) through (g) and may show the information specified in S4.3(h) and (j), on a placard permanently affixed proximate to the certification label specified in 49 CFR part 567. The information specified in S4.3(e) shall be shown on both the vehicle placard and on the tire inflation pressure label (if such a label is affixed to provide the information specified in S4.3(c), (d), (h), and (i)) in the format and color scheme set forth in Figures 1 and 2. V. Summary of TAP’s Petition: TAP 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, TAP submitted the following reasoning: 1. The subject tire pressure information labels provide all required and correct technical information, and because such information is found in three other locations, there is no safety risk or risk of tire overloading. a. TAP states that the SCOUT Trailers are equipped with tires that can handle their load carrying capacity, and there is, accordingly, no risk of overloading. VerDate Sep<11>2014 17:13 Sep 19, 2019 Jkt 247001 The SCOUT Trailer’s tires are safe and comply with all applicable standards. The sole noncompliance at issue in this petition relates to formatting, namely the tire information label, not conforming to the formatting and color requirements provided in Figure 1 of FMVSS No. 110. TAP says that because the tire pressure information labels contain all the information required by FMVSS No. 110 and because such information is accurate, the subject noncompliance will not create a safety risk to any person towing or using a SCOUT Trailer. b. Additionally, the correct tire pressure information can be found in three other locations: (1) On the SCOUT Trailer’s certification label, as required under 49 CFR part 565; (2) in the SCOUT Trailer owner’s manual; and (3) on the SCOUT Trailer’s tire sidewall markings. Accordingly, including the tire pressure information label, there are four separate places where a SCOUT Trailer owner can view the tire size, pressure, and load-carrying capacity information of his/her SCOUT Trailer. c. TAP also stated that because the label provides correct information regarding tire size and inflation pressure, TAP’s failure to utilize the formatting, provided in Figure 1 of FMVSS No. 110, will not present a motor vehicle safety risk or cause consumers to misunderstand the label. 2. NHTSA has previously granted petitions with inconsequential noncompliances where the noncompliance relates solely to the labeling that does not conform with formatting requirements and where the manufacturer can show that the noncompliance is unlikely to cause consumer misunderstanding. a. TAP believes that granting this petition would be consistent with NHTSA’s prior decisions on petitions involving label formatting requirements. For example, in connection with a prior petition for inconsequential noncompliance, NHTSA found that deviations in the wording on the label required by FMVSS No. 303 were inconsequential because the rationale and intent of the labeling requirement was nonetheless met, even though the exact, prescribed wording was not used, See IMPCO Technologies; Grant of Petition, 65 FR 14009 (March 15, 2000). Similarly, in another matter, NHTSA concluded that the noncompliance with the seat belt assembly label requirements was inconsequential because although the subject assemblies had the wrong label, the likelihood that a seatbelt would be incorrectly installed as a result was low, See TRW, Inc., PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 49623 Grant of Petition, 55 FR 7171, 7172 (February 4, 1993). Finally, in connection with a petition similar to this one, NHTSA recently found that a tire pressure information label that was not completely legible but provided all of the correct information was an inconsequential noncompliance, See Mercedes-Benz USA, LLC, Grant of Petition, 84 FR 25118 (May 30, 2019). With respect to that petition, NHTSA reasoned that the noncompliance was inconsequential because the owners could still find the relevant information in other locations, such as in the owner’s manual and on the tire sidewall. Here, TAP’s petition for inconsequential noncompliance meets the criteria that NHTSA has previously held such petitions must meet in order to be granted. 3. NHTSA has also granted petitions for inconsequential noncompliances where tire pressure information labels contained incorrect or missing information. a. TAP says that NHTSA has also granted petitions for inconsequential noncompliance relating to the tire pressure information labels when the label contained incorrect information or was missing tire pressure information altogether, See General Motors, LLC, Grant of Petition, 84 FR 25117 (May 30, 2019). In so holding, NHTSA reasoned that owners can determine the correct tire pressure information through the owner’s manual or other locations. Also, NHTSA recently granted a petition for inconsequential noncompliance where the tire pressure information label provided tire inflation information for 18-inch tires, even though the vehicle was equipped with 17-inch tires, See BMW of North America, LLC, Grant of Petition, 84 FR 26505 (June 6, 2019). NHTSA concluded that there was no risk of underinflating or overloading the tires, and consumers could find the correct tire pressure information in the owner’s manual or on the tire sidewall. Here, not only can the correct tire pressure information for the SCOUT Trailer be found in various other places, but unlike the petitions referenced above, it can also be found on the tire pressure information label itself, as TAP has confirmed that the information listed on the label is accurate. 4. TAP will correct the formatting and color noncompliance on all SCOUT Trailers subsequently sold. a. To address the noncompliance referenced in the part 573 Report, TAP has reformatted the SCOUT Trailer tire pressure information label and will utilize the properly formatted label on all SCOUT Trailers sold subsequent to E:\FR\FM\20SEN1.SGM 20SEN1 49624 Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Notices the filing of its June 26, 2019, part 573 Report. TAP 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 trailers that TAP 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 trailers under their control after TAP 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. Otto G. Matheke III, Director, Office of Vehicle Safety Compliance. [FR Doc. 2019–20377 Filed 9–19–19; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2019–0042; Notice 1] Gillig, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Gillig LLC, has determined that certain model year (MY) 2013–2019 Gillig Low Floor buses do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 102, Transmission Shift Position Sequence, Starter Interlock, and Transmission Braking Effect. Gillig filed a noncompliance report dated April 1, 2019, and later amended their report on khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:13 Sep 19, 2019 Jkt 247001 April 23, 2019. Gillig subsequently petitioned NHTSA on May 8, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of Gillig’s petition. Send comments on or before October 21, 2019. 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 may be submitted by any of the following methods: • Mail: Send comments by mail addressed to the 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 the 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 for Federal Holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website 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 DATES: PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 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: Gillig has determined that certain MY 2013–2019 Low Floor buses do not fully comply with paragraph S3.1.3 of FMVSS No. 102, Transmission Shift Position Sequence, Starter Interlock, and Transmission Braking Effect (49 CFR 571.102). Gillig filed a noncompliance report dated April 1, 2019, and later amended their report on April 23, 2019, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. and subsequently petitioned NHTSA on May 8, 2019, for an exemption from the notification and remedy requirement of 49 U.S.C Chapter 301 on the basis that this 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, Exemption for Inconsequential Defect or Noncompliance. This notice of receipt of Gillig’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercises of judgment concerning the merits of the petition. II. Buses Involved: Approximately 925 MY 2013–2019 Gillig Low Floor buses, manufactured between December 23, 2013, and February 25, 2019, are potentially involved. III. Noncompliance: Gillig explains that the noncompliance is that the subject buses are equipped with a starter interlock that is operational while the transmission shift position is in a forward or reverse drive position and therefore, does not meet the requirements in paragraph S3.1.3 of FMVSS No. 102. IV. Rule Requirements: Paragraph S3.1.3 of FMVSS No. 102 provides the requirements relevant to this petition. Except as provided in paragraphs S3.1.3.1 through S3.1.3.3, the engine starter shall be inoperative when the transmission shift position is in a forward or reverse drive position. E:\FR\FM\20SEN1.SGM 20SEN1

Agencies

[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Notices]
[Pages 49622-49624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20377]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0069; Notice 1]


TAP Worldwide, LLC, Receipt of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: TAP Worldwide, LLC, (TAP) has determined that certain model 
year (MY) 2017-2019 Smittybilt SCOUT Trailer Kits do not fully comply 
with Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire 
Selection and Rims and Motor Home/Recreation Vehicle Trailer Load 
Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 
kilograms (10,000 pounds) or Less. TAP filed a noncompliance report 
dated June 26, 2019. Tap also petitioned NHTSA on July 8, 2019, for a 
decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety. This document announces receipt of 
TAP's petition.

DATES: The closing date for comments on the petition is October 21, 
2019.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket number and notice number cited in the title of this notice and 
may be submitted by any of the following methods:
     Mail: Send comments by mail addressed to the 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 the 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 for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website 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: TAP has determined that certain MY 2017-2019 
Smittybilt SCOUT Trailer Kits do not fully comply with paragraph S4.3.5 
and Figure 1 of FMVSS No. 110, Tire Selection and Rims and Motor Home/
Recreation Vehicle Trailer Load Carrying Capacity Information for Motor 
Vehicles with a

[[Page 49623]]

GVWR of 4,536 kilograms (10,000 pounds) or Less (49 CFR 571.110). TAP 
filed a noncompliance report dated June 26, 2019, pursuant to 49 CFR 
part 573, Defect and Noncompliance Responsibility and Reports. TAP also 
petitioned NHTSA on July 8, 2019, 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, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR 
part 556, Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt, of TAP's petition, is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercises of judgment concerning the merits of the petition.
    II. Trailers Involved: Approximately 176 MY 2017-2019 Smittybilt 
SCOUT Trailer Kits, manufactured between March 31, 2017, and April 28, 
2019, are potentially involved.
    III. Noncompliance: TAP explains that the noncompliance is that the 
vehicle placards on the subject trailer kits, do not fully comply with 
the formatting and color requirements as required by paragraph S4.3.5 
and Figure 1 of FMVSS No. 110.
    IV. Rule Requirements: S4.3.5 and Figure 1 of FMVSS No. 110 
includes the requirements relevant to this petition. Each trailer, 
except for incomplete vehicle, must show the information specified in 
S4.3(c) through (g) and may show the information specified in S4.3(h) 
and (j), on a placard permanently affixed proximate to the 
certification label specified in 49 CFR part 567. The information 
specified in S4.3(e) shall be shown on both the vehicle placard and on 
the tire inflation pressure label (if such a label is affixed to 
provide the information specified in S4.3(c), (d), (h), and (i)) in the 
format and color scheme set forth in Figures 1 and 2.
    V. Summary of TAP's Petition: TAP 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, TAP submitted the following reasoning:
    1. The subject tire pressure information labels provide all 
required and correct technical information, and because such 
information is found in three other locations, there is no safety risk 
or risk of tire overloading.
    a. TAP states that the SCOUT Trailers are equipped with tires that 
can handle their load carrying capacity, and there is, accordingly, no 
risk of overloading. The SCOUT Trailer's tires are safe and comply with 
all applicable standards. The sole noncompliance at issue in this 
petition relates to formatting, namely the tire information label, not 
conforming to the formatting and color requirements provided in Figure 
1 of FMVSS No. 110. TAP says that because the tire pressure information 
labels contain all the information required by FMVSS No. 110 and 
because such information is accurate, the subject noncompliance will 
not create a safety risk to any person towing or using a SCOUT Trailer.
    b. Additionally, the correct tire pressure information can be found 
in three other locations: (1) On the SCOUT Trailer's certification 
label, as required under 49 CFR part 565; (2) in the SCOUT Trailer 
owner's manual; and (3) on the SCOUT Trailer's tire sidewall markings. 
Accordingly, including the tire pressure information label, there are 
four separate places where a SCOUT Trailer owner can view the tire 
size, pressure, and load-carrying capacity information of his/her SCOUT 
Trailer.
    c. TAP also stated that because the label provides correct 
information regarding tire size and inflation pressure, TAP's failure 
to utilize the formatting, provided in Figure 1 of FMVSS No. 110, will 
not present a motor vehicle safety risk or cause consumers to 
misunderstand the label.
    2. NHTSA has previously granted petitions with inconsequential 
noncompliances where the noncompliance relates solely to the labeling 
that does not conform with formatting requirements and where the 
manufacturer can show that the noncompliance is unlikely to cause 
consumer misunderstanding.
    a. TAP believes that granting this petition would be consistent 
with NHTSA's prior decisions on petitions involving label formatting 
requirements. For example, in connection with a prior petition for 
inconsequential noncompliance, NHTSA found that deviations in the 
wording on the label required by FMVSS No. 303 were inconsequential 
because the rationale and intent of the labeling requirement was 
nonetheless met, even though the exact, prescribed wording was not 
used, See IMPCO Technologies; Grant of Petition, 65 FR 14009 (March 15, 
2000). Similarly, in another matter, NHTSA concluded that the 
noncompliance with the seat belt assembly label requirements was 
inconsequential because although the subject assemblies had the wrong 
label, the likelihood that a seatbelt would be incorrectly installed as 
a result was low, See TRW, Inc., Grant of Petition, 55 FR 7171, 7172 
(February 4, 1993).
    Finally, in connection with a petition similar to this one, NHTSA 
recently found that a tire pressure information label that was not 
completely legible but provided all of the correct information was an 
inconsequential noncompliance, See Mercedes-Benz USA, LLC, Grant of 
Petition, 84 FR 25118 (May 30, 2019). With respect to that petition, 
NHTSA reasoned that the noncompliance was inconsequential because the 
owners could still find the relevant information in other locations, 
such as in the owner's manual and on the tire sidewall.
    Here, TAP's petition for inconsequential noncompliance meets the 
criteria that NHTSA has previously held such petitions must meet in 
order to be granted.
    3. NHTSA has also granted petitions for inconsequential 
noncompliances where tire pressure information labels contained 
incorrect or missing information.
    a. TAP says that NHTSA has also granted petitions for 
inconsequential noncompliance relating to the tire pressure information 
labels when the label contained incorrect information or was missing 
tire pressure information altogether, See General Motors, LLC, Grant of 
Petition, 84 FR 25117 (May 30, 2019). In so holding, NHTSA reasoned 
that owners can determine the correct tire pressure information through 
the owner's manual or other locations. Also, NHTSA recently granted a 
petition for inconsequential noncompliance where the tire pressure 
information label provided tire inflation information for 18-inch 
tires, even though the vehicle was equipped with 17-inch tires, See BMW 
of North America, LLC, Grant of Petition, 84 FR 26505 (June 6, 2019). 
NHTSA concluded that there was no risk of underinflating or overloading 
the tires, and consumers could find the correct tire pressure 
information in the owner's manual or on the tire sidewall.
    Here, not only can the correct tire pressure information for the 
SCOUT Trailer be found in various other places, but unlike the 
petitions referenced above, it can also be found on the tire pressure 
information label itself, as TAP has confirmed that the information 
listed on the label is accurate.
    4. TAP will correct the formatting and color noncompliance on all 
SCOUT Trailers subsequently sold.
    a. To address the noncompliance referenced in the part 573 Report, 
TAP has reformatted the SCOUT Trailer tire pressure information label 
and will utilize the properly formatted label on all SCOUT Trailers 
sold subsequent to

[[Page 49624]]

the filing of its June 26, 2019, part 573 Report.
    TAP 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 trailers that TAP 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 trailers under their control after TAP 
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.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-20377 Filed 9-19-19; 8:45 am]
 BILLING CODE 4910-59-P
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