Gillig, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 49624-49625 [2019-20378]

Download as PDF 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 Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Notices V. Summary of Petition: Gillig 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, Gillig submitted the following reasoning: DEPARTMENT OF THE TREASURY 1. The potentially non-compliant condition occurs as follows: When the ignition switch is in the ON position, the engine is stopped, the shift selector is in the ‘‘Forward’’ or ‘‘Reverse’’ position, and the start button is depressed, the starter cranks the engine, but the transmission does not engage because, according to ATI, the shifter is in an inhibited state. With the engine running, the vehicle operator must perform four separate actions in a specific sequence to engage the transmission and move the vehicle under power, specifically: (a) place foot on brake (b) select neutral (c) select a gear, and (d) remove foot from foot brake. Fortunately, because the transmission controller defaults the transmission to neutral after an engine start, there is no risk of unintentional vehicle movement, and thus, no safety risk arises as a result of the non-compliant condition. SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES Gillig 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 buses that Gillig 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 buses under their control after Gillig 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. 2019–20378 Filed 9–19–19; 8:45 am] BILLING CODE 4910–59–P VerDate Sep<11>2014 17:13 Sep 19, 2019 Jkt 247001 Public Meeting of the Commission on Social Impact Partnerships Department of the Treasury. Notice of meeting. AGENCY: ACTION: The Commission on Social Impact Partnerships (‘‘Commission’’) will convene for a public meeting on Wednesday, October 9, 2019, at the U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW, Washington, DC 20220, in Room 5432, from 9:00 a.m.–12:00 p.m. Eastern Time. The meeting will be open to the public, and the site is accessible to individuals with disabilities. DATES: The meeting will be held on Wednesday, October 9, 2019, from 9:00 a.m.–12:00 p.m. Eastern Time. ADDRESSES: The meeting will be held at the U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW, Washington, DC, 20020, Room 5432. The meeting will be open to the public. Because the meeting will be held in a secured facility, members of the public who would like to attend the meeting must send an email to Elizabeth Sawyer (elizabeth.sawyer@treasury.gov) by 5:00 p.m. Eastern Time on Wednesday, October 2, 2019 containing each proposed attendee’s email address and full name (first, middle, and last). Ms. Sawyer will send the secure online registration form to each attendee via email. A valid email address will be required to complete the online registration. Because of space constraints in Room 5432, Treasury expects to limit attendance to the first 20 members of the public to submit their request to Ms. Sawyer and successfully complete the online registration. Requests for reasonable accommodations under Section 504 of the Rehabilitation Act should be directed to Marcia Small Bowman, Office of Civil Rights and Diversity, Department of the Treasury, at 202– 622–8177 or marcia.smallbowman@ treasury.gov. Submission of Written Statements: The public is invited to submit written statements to the Commission. Written statements should be sent by any one of the following methods: Electronic Statements: Email: SIPPRA@treasury.gov, Attn: Holly Posin, Docket ID No. 03282019. Paper Statements: Send paper statements to SIPPRA Commission, Attn: Holly Posin, Docket ID No. 03282019, U.S. Department of the Treasury, Main Treasury Building, Room 3127, 1500 Pennsylvania Avenue PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 49625 NW, Washington, DC 20220. In general, Treasury will make all statements available in their original format, including any business or personal information provided such as names, addresses, email addresses, or telephone numbers, for public inspection and photocopying in Treasury’s library located at Treasury Department Annex, 1500 Pennsylvania Avenue NW, Washington, DC 20220. The library is open on official business days between the hours of 10:00 a.m. and 4:30 p.m. You can make an appointment to inspect statements by calling (202) 622– 0990. All statements received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. You should only submit information that you wish to make publicly available. FOR FURTHER INFORMATION CONTACT: Holly Posin, the Designated Federal Officer (‘‘DFO’’) for the Commission, U.S. Department of the Treasury, 1500 Pennsylvania Ave. NW, Washington, DC 20020; via phone/voice mail at: (202) 622–3282; via fax at: (202) 622–2633; or via email at: holly.posin2@treasury.gov. Persons who have difficulty hearing or speaking may access this number via TTY by calling the toll-free Federal Relay Service at (800) 877–8339. SUPPLEMENTARY INFORMATION: On February 9, 2018, the President signed the Bipartisan Budget Act of 2018, establishing the Commission under the Social Impact Partnerships to Pay for Results Act (‘‘SIPPRA’’). The Commission’s duties include making recommendations to Treasury on whether to fund social impact partnership grant applications. The Commission consists of nine members. Eight members are appointed by congressional leadership, and the ninth member is appointed by the President. The President’s appointee serves as the Chair of the Commission. In accordance with section 10(a) of the Federal Advisory Committee Act, 5 U.S.C. App. 2, and the regulations thereunder, Holly Posin, DFO of the Commission, has ordered publication of this notice that the Commission will convene a meeting on October 9, 2019, at the U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW, Washington, DC, 9:00 a.m.–12:00 p.m. Eastern Time. During this meeting, the Commission will discuss applications submitted to Treasury in response to the SIPPRA Notice of Funding Availability that Treasury published in the Federal Register on February 21, 2019. Treasury expects to make all documents discussed by the Commission available for public inspection and photocopying E:\FR\FM\20SEN1.SGM 20SEN1

Agencies

[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Notices]
[Pages 49624-49625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20378]


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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

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

ACTION: Receipt of petition.

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

SUMMARY: 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 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.

DATES: 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 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.

[[Page 49625]]

    V. Summary of Petition: Gillig 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, Gillig 
submitted the following reasoning:

    1. The potentially non-compliant condition occurs as follows: 
When the ignition switch is in the ON position, the engine is 
stopped, the shift selector is in the ``Forward'' or ``Reverse'' 
position, and the start button is depressed, the starter cranks the 
engine, but the transmission does not engage because, according to 
ATI, the shifter is in an inhibited state. With the engine running, 
the vehicle operator must perform four separate actions in a 
specific sequence to engage the transmission and move the vehicle 
under power, specifically: (a) place foot on brake (b) select 
neutral (c) select a gear, and (d) remove foot from foot brake. 
Fortunately, because the transmission controller defaults the 
transmission to neutral after an engine start, there is no risk of 
unintentional vehicle movement, and thus, no safety risk arises as a 
result of the non-compliant condition.

    Gillig 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 buses that Gillig 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 buses under their control after Gillig 
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. 2019-20378 Filed 9-19-19; 8:45 am]
 BILLING CODE 4910-59-P