Mack Trucks, Inc., Denial of Petition for Decision of Inconsequential Noncompliance, 57173-57174 [2023-18022]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Notices • Nissan North America, Inc., Grant of Petition for Determination of Inconsequential Noncompliance; 85 FR 39678 (July 1, 2020). • Kolcraft Enterprises, Inc., Grant of Application for Determination of Inconsequential Noncompliance; 63 FR 24585 (May 4, 1998). PCA concludes by stating its belief that the subject noncompliances are inconsequential as they relate to motor vehicle safety and its petition to be exempted from providing notification of the noncompliances, as required by 49 U.S.C. 30118, and a remedy for the noncompliances, as required by 49 U.S.C. 30120, should be granted. On May 15, 2023, PCA submitted an addendum to its April 21, 2023, technical report. The technical report described testing that was in process and the addendum summarizes the completed testing and provides additional information concerning brake hoses that are affected by multiple noncompliances. PCA says that the completed testing supports the findings discussed in the prior technical reports. On June 2, 2023, Harley-Davidson submitted its second supplemental petition and a second supplemental technical report in support of its petition. Harley-Davidson summarizes additional vehicle and brake hose assembly testing that took place after its initial technical report which HarleyDavidson believes further supports the granting of its petition. Further, HarleyDavidson expanded on its prior review of NHTSA’s VOQ records, legal claims and suits, warranty data and customer contacts which it argues supports a determination of inconsequential noncompliance. In the second supplemental petition, Harley-Davidson adds that the Agency’s 2006 decision on a petition involving a noncompliance with FMVSS No. 213, Child Restraints, which Harley-Davidson believes ‘‘highlight[s] the lack of direct correlation between the requirements for brake hose constriction and motorcycle safety in this specific vehicle application.’’ (See Grant of Petition for Determination of Inconsequential Noncompliance, 67 FR 21798, May 1, 2002). VI. Prohibition on sale, offer for sale, introduction or delivery for introduction of noncompliant motor vehicle equipment and vehicles: 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 VerDate Sep<11>2014 17:50 Aug 21, 2023 Jkt 259001 defect or noncompliance and to remedy the defect or noncompliance. Therefore, any decision on this petition only applies to the subject motorcycles and brake hose assemblies that the Petitioners no longer controlled at the time when the Petitioners determined that the noncompliances existed. However, any decision on these petitions does not relieve equipment and motorcycle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant motorcycles and brake hose assemblies under their control. (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. 2023–18021 Filed 8–21–23; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2022–0113; Notice 2] Mack Trucks, Inc., Denial of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Denial of petition. AGENCY: Mack Trucks, Inc., (Mack Trucks), has determined that certain model year (MY) 2015–2023 Mack GU/ GR Class 8 trucks and truck-tractors do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Mack Trucks filed an original noncompliance report dated November 1, 2022, and amended the report on November 3, 2022. Mack Trucks petitioned NHTSA on November 23, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the denial of Mack Trucks’ petition. FOR FURTHER INFORMATION CONTACT: Leroy Angeles, Safety Compliance Engineer, Office of Vehicle Safety Compliance, NHTSA, (202) 366–5304. SUPPLEMENTARY INFORMATION: I. Overview: Mack Trucks determined that certain MY 2015–2023 Mack GU/ GR Class 8 trucks and truck-tractors do not fully comply with paragraph S6.4.3(a) and Table V-b of FMVSS No. SUMMARY: PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 57173 108, Lamps, Reflective Devices, and Associated Equipment (49 CFR 571.108). Mack Trucks filed an original noncompliance report dated November 1, 2022, and amended the report on November 3, 2022, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Mack Trucks petitioned NHTSA on November 23, 2022, 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.1 Notice of receipt of Mack Trucks’ petition was published with a 30-day public comment period, on January 17, 2023, in the Federal Register (88 FR 2759). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2022– 0113.’’ II. Vehicles Involved: Approximately 27,544 MY 2015–2023 Mack GU/GR Class 8 trucks and truck-tractors, manufactured between September 1, 2014, and September 30, 2022, are potentially involved: III. Noncompliance: Mack Trucks explains that the subject vehicles are equipped with turn signal lamps that do not meet the visibility requirement at all angles specified by S6.4.3(a) and Table V–b of FMVSS No. 108. Based upon different axle positions and frame extension configurations, the forward turn signals on specific vehicles are not compliant with the 45 degree inboard and/or 15 degree downward angle visibility requirement. IV. Rule Requirements: Paragraph S6.4.3 of FMVSS No. 108 includes the requirements relevant to this petition. A manufacturer is required to certify compliance of each lamp function to 1 Mack Trucks’ petition failed to include all of the necessary components of a petition pursuant to 49 CFR 556.4. The petition described the noncompliance, but failed to include any reasoning for why the noncompliance is inconsequential to safety. A petition is required to: ‘‘Set forth all data, views, and arguments of the petitioner supporting [the] petition.’’ Id. § 556.4. Absent any reasoning, a petitioner cannot meet its burden of persuasion that a noncompliance is inconsequential to safety. Such an invalid petition does not require a response by the agency. Nevertheless, in this instance, the agency is publishing this notice to help ensure Mack Trucks and other petitioners are aware that a petition for inconsequentiality must be properly justified. In the future, the agency may reject such incomplete petitions without further consideration. E:\FR\FM\22AUN1.SGM 22AUN1 lotter on DSK11XQN23PROD with NOTICES1 57174 Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Notices one of two visibility requirement options: the lens area option or the luminous intensity option. The manufacturer may not thereafter choose a different option for that vehicle. V. Summary of Mack Trucks’ Petition: The following statements presented in this section, ‘‘V. Summary of Mack Trucks’ Petition,’’ are the statements provided by Mack Trucks. They do not reflect the views of the Agency. Mack Trucks describes the subject noncompliance and contends, without explanation, that the noncompliance is inconsequential as it relates to motor vehicle safety. Mack Trucks explains that after FMVSS No. 108 was updated in 2014, certain vehicle configurations were not updated accordingly which resulted in the subject vehicles being noncompliant with the taillamp signal visibility requirements provided in S6.4.3. Mack Trucks states that due to an unrelated engineering change, the subject noncompliance was identified. Mack Trucks found the subject vehicles did not meet the minimum unobstructed view requirement of 1,250 sq mm at all the required angles. The standard requires the unobstructed view to be met at all angles between the corner points, up to and including 15 degrees down and 45 degrees inboard toward the vehicle’s longitudinal centerline; however, for the GU and GR Axle Back models of the subject vehicles failed to meet the requirements past 15 degrees down and 37 degrees inboard angle. For the GU and GR Axle Forward and Axle Forward Extended Frame Rails models of the subject vehicles, Mack Trucks found that the subject vehicles failed to meet the requirements past 7 degrees down and 45 degrees inboard angle. Mack Trucks provides illustrations to show the noncompliances on the affected vehicle configurations. Mack Trucks concludes by stating its belief that the subject noncompliance is inconsequential to motor vehicle safety and its petition for relief from providing notice and remedy for the noncompliance be granted. Mack Trucks failed to include any reasoning for why the noncompliance was purportedly inconsequential to safety. VI. NHTSA’s Analysis: Mack Trucks did not provide any data, views, or arguments supporting its belief that this noncompliance is inconsequential to safety, as required by 49 CFR 556.4. It is the petitioner’s burden to establish the inconsequentiality of a failure to comply with a FMVSS. FMVSS are adopted to ‘‘meet the need for motor vehicle safety.’’ 49 U.S.C. 30111(a). ‘‘[M]otor vehicle safety’’ is ‘‘the performance of a VerDate Sep<11>2014 17:50 Aug 21, 2023 Jkt 259001 motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an accident, and includes nonoperational safety of a motor vehicle.’’ 49 U.S.C. 30102(a)(9). Given the safety need for the FMVSS, an invalid petition that fails to provide justification that a specific noncompliance is inconsequential to motor vehicle safety need not be considered. Nevertheless, in this instance, the agency is publishing this notice to help ensure petitioners are aware of the requirement to provide ‘‘all data, views, and arguments of the petitioner supporting [the] petition.’’ 49 CFR 556.4. Mack Trucks and other petitioners are on notice that the agency may reject incomplete petitions without further consideration and they must carry out their statutory recall obligations without delay. VII. NHTSA’s Decision: In consideration of the foregoing, NHTSA has decided that Mack Trucks has not met its burden of persuasion that the subject FMVSS No. 108 noncompliance is inconsequential to motor vehicle safety. Accordingly, Mack Trucks’ petition is hereby denied and Mack Trucks is consequently obligated to provide notification of and free remedy for that noncompliance under 49 U.S.C. 30118 and 30120. website at the FOIA Reading Room (https://foia-pal.occ.gov/palMain.aspx) under Mutual to Stock Conversion Applications. If you have any questions, please contact Licensing Activities at (202) 649–6260. (Authority: 12 CFR 192.205). Dated: August 14, 2023. By the Office of the Comptroller of the Currency. Stephen A. Lybarger, Deputy Comptroller for Licensing. [FR Doc. 2023–18006 Filed 8–21–23; 8:45 am] BILLING CODE 4810–33–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Notice of OFAC Sanctions Actions Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: Office of the Comptroller of the Currency The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. DATES: See SUPPLEMENTARY INFORMATION section for effective date. FOR FURTHER INFORMATION CONTACT: OFAC: Andrea Gacki, Director, tel.: 202–622–2490; Associate Director for Global Targeting, tel.: 202–622–2420; Assistant Director for Licensing, tel.: 202–622–2480; Assistant Director for Regulatory Affairs, tel.: 202–622–4855; or Assistant Director for Sanctions Enforcement, Compliance & Analysis, tel.: 202–622–2490. SUPPLEMENTARY INFORMATION: [OCC Charter Number 703519] Electronic Availability Home Federal Savings and Loan Association of Grand Island, Grand Island, Nebraska; Approval of Conversion Application The SDN List and additional information concerning OFAC sanctions programs are available on OFAC’s website (https://www.treasury.gov/ofac). Notice is hereby given that on August 14, 2023, the Office of the Comptroller of the Currency (OCC) approved the application of Home Federal Savings and Loan Association of Grand Island, Grand Island, Nebraska, to convert to the stock form of organization. Copies of the application are available on the OCC Notice of OFAC Action(s) (Authority: 49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.95 and 501.8.) Otto G. Matheke, III, Acting Associate Administrator for Enforcement. [FR Doc. 2023–18022 Filed 8–21–23; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 SUMMARY: On August 16, 2023, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following persons are blocked under the relevant sanctions authority listed below. BILLING CODE 4810–AL–P E:\FR\FM\22AUN1.SGM 22AUN1

Agencies

[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Notices]
[Pages 57173-57174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18022]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0113; Notice 2]


Mack Trucks, Inc., Denial of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Denial of petition.

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

SUMMARY: Mack Trucks, Inc., (Mack Trucks), has determined that certain 
model year (MY) 2015-2023 Mack GU/GR Class 8 trucks and truck-tractors 
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) 
No. 108, Lamps, Reflective Devices, and Associated Equipment. Mack 
Trucks filed an original noncompliance report dated November 1, 2022, 
and amended the report on November 3, 2022. Mack Trucks petitioned 
NHTSA on November 23, 2022, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety. 
This document announces the denial of Mack Trucks' petition.

FOR FURTHER INFORMATION CONTACT: Leroy Angeles, Safety Compliance 
Engineer, Office of Vehicle Safety Compliance, NHTSA, (202) 366-5304.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Mack Trucks determined that certain MY 2015-2023 Mack 
GU/GR Class 8 trucks and truck-tractors do not fully comply with 
paragraph S6.4.3(a) and Table V-b of FMVSS No. 108, Lamps, Reflective 
Devices, and Associated Equipment (49 CFR 571.108).
    Mack Trucks filed an original noncompliance report dated November 
1, 2022, and amended the report on November 3, 2022, pursuant to 49 CFR 
part 573, Defect and Noncompliance Responsibility and Reports. Mack 
Trucks petitioned NHTSA on November 23, 2022, 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.\1\
---------------------------------------------------------------------------

    \1\ Mack Trucks' petition failed to include all of the necessary 
components of a petition pursuant to 49 CFR 556.4. The petition 
described the noncompliance, but failed to include any reasoning for 
why the noncompliance is inconsequential to safety. A petition is 
required to: ``Set forth all data, views, and arguments of the 
petitioner supporting [the] petition.'' Id. Sec.  556.4. Absent any 
reasoning, a petitioner cannot meet its burden of persuasion that a 
noncompliance is inconsequential to safety. Such an invalid petition 
does not require a response by the agency. Nevertheless, in this 
instance, the agency is publishing this notice to help ensure Mack 
Trucks and other petitioners are aware that a petition for 
inconsequentiality must be properly justified. In the future, the 
agency may reject such incomplete petitions without further 
consideration.
---------------------------------------------------------------------------

    Notice of receipt of Mack Trucks' petition was published with a 30-
day public comment period, on January 17, 2023, in the Federal Register 
(88 FR 2759). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) website at https://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2022-0113.''
    II. Vehicles Involved: Approximately 27,544 MY 2015-2023 Mack GU/GR 
Class 8 trucks and truck-tractors, manufactured between September 1, 
2014, and September 30, 2022, are potentially involved:
    III. Noncompliance: Mack Trucks explains that the subject vehicles 
are equipped with turn signal lamps that do not meet the visibility 
requirement at all angles specified by S6.4.3(a) and Table V-b of FMVSS 
No. 108. Based upon different axle positions and frame extension 
configurations, the forward turn signals on specific vehicles are not 
compliant with the 45 degree inboard and/or 15 degree downward angle 
visibility requirement.
    IV. Rule Requirements: Paragraph S6.4.3 of FMVSS No. 108 includes 
the requirements relevant to this petition. A manufacturer is required 
to certify compliance of each lamp function to

[[Page 57174]]

one of two visibility requirement options: the lens area option or the 
luminous intensity option. The manufacturer may not thereafter choose a 
different option for that vehicle.
    V. Summary of Mack Trucks' Petition: The following statements 
presented in this section, ``V. Summary of Mack Trucks' Petition,'' are 
the statements provided by Mack Trucks. They do not reflect the views 
of the Agency. Mack Trucks describes the subject noncompliance and 
contends, without explanation, that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    Mack Trucks explains that after FMVSS No. 108 was updated in 2014, 
certain vehicle configurations were not updated accordingly which 
resulted in the subject vehicles being noncompliant with the taillamp 
signal visibility requirements provided in S6.4.3. Mack Trucks states 
that due to an unrelated engineering change, the subject noncompliance 
was identified. Mack Trucks found the subject vehicles did not meet the 
minimum unobstructed view requirement of 1,250 sq mm at all the 
required angles. The standard requires the unobstructed view to be met 
at all angles between the corner points, up to and including 15 degrees 
down and 45 degrees inboard toward the vehicle's longitudinal 
centerline; however, for the GU and GR Axle Back models of the subject 
vehicles failed to meet the requirements past 15 degrees down and 37 
degrees inboard angle. For the GU and GR Axle Forward and Axle Forward 
Extended Frame Rails models of the subject vehicles, Mack Trucks found 
that the subject vehicles failed to meet the requirements past 7 
degrees down and 45 degrees inboard angle. Mack Trucks provides 
illustrations to show the noncompliances on the affected vehicle 
configurations.
    Mack Trucks concludes by stating its belief that the subject 
noncompliance is inconsequential to motor vehicle safety and its 
petition for relief from providing notice and remedy for the 
noncompliance be granted. Mack Trucks failed to include any reasoning 
for why the noncompliance was purportedly inconsequential to safety.
    VI. NHTSA's Analysis:
    Mack Trucks did not provide any data, views, or arguments 
supporting its belief that this noncompliance is inconsequential to 
safety, as required by 49 CFR 556.4. It is the petitioner's burden to 
establish the inconsequentiality of a failure to comply with a FMVSS. 
FMVSS are adopted to ``meet the need for motor vehicle safety.'' 49 
U.S.C. 30111(a). ``[M]otor vehicle safety'' is ``the performance of a 
motor vehicle or motor vehicle equipment in a way that protects the 
public against unreasonable risk of accidents occurring because of the 
design, construction, or performance of a motor vehicle, and against 
unreasonable risk of death or injury in an accident, and includes 
nonoperational safety of a motor vehicle.'' 49 U.S.C. 30102(a)(9). 
Given the safety need for the FMVSS, an invalid petition that fails to 
provide justification that a specific noncompliance is inconsequential 
to motor vehicle safety need not be considered. Nevertheless, in this 
instance, the agency is publishing this notice to help ensure 
petitioners are aware of the requirement to provide ``all data, views, 
and arguments of the petitioner supporting [the] petition.'' 49 CFR 
556.4. Mack Trucks and other petitioners are on notice that the agency 
may reject incomplete petitions without further consideration and they 
must carry out their statutory recall obligations without delay.
    VII. NHTSA's Decision: In consideration of the foregoing, NHTSA has 
decided that Mack Trucks has not met its burden of persuasion that the 
subject FMVSS No. 108 noncompliance is inconsequential to motor vehicle 
safety. Accordingly, Mack Trucks' petition is hereby denied and Mack 
Trucks is consequently obligated to provide notification of and free 
remedy for that noncompliance under 49 U.S.C. 30118 and 30120.

(Authority: 49 U.S.C. 30118, 30120; delegations of authority at 49 
CFR 1.95 and 501.8.)

Otto G. Matheke, III,
Acting Associate Administrator for Enforcement.
[FR Doc. 2023-18022 Filed 8-21-23; 8:45 am]
BILLING CODE 4910-59-P
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