[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Notices]
[Pages 16893-16894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6852]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0024; Notice 1]
Supreme Indiana Operations, Inc., Receipt of Petition for
Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Receipt of petition.
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SUMMARY: Startrans, a division of Supreme Indiana Operations, Inc.,
(Startrans) \1\ has determined that certain Startrans trucks, buses,
and multifunction school activity buses (MFSAB) manufactured from 2006
through 2011, do not fully comply with paragraph S5.3 of Federal Motor
Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims and
motor home/recreation vehicle trailer load carrying capacity
information for motor vehicles with a GVWR of more than 4,536 kilograms
(10,000 pounds). Startrans has filed an appropriate report dated
November 16, 2011, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports.
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\1\ Supreme Indiana Operations, Inc., is manufacturer of motor
vehicles and is registered under the laws of the state of Delaware.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Startrans submitted a petition for an exemption
from the notification and remedy requirements of 49 U.S.C. Chapter 301
on the basis that this noncompliance is inconsequential to motor
vehicle safety.
This notice of receipt of Startrans' petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
Vehicles involved: Affected are approximately: 97,271 Startrans
2006 through 2011 model year trucks, 9,543 Startrans 2007 through 2011
model year buses, and 436 model year 2007 through 2011 MFSAB.
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, these provisions
only apply to the subject vehicles that Startrans no longer controlled
at the time it determined that the noncompliance existed.
Noncompliance: Startrans explains that the noncompliance is that
the height of the lettering on the combined certification and tire
information labels attached to the subject vehicles is less than that
required by paragraph S5.3 of FMVSS No. 120. The lettering on the
noncompliant labels is only 2.12 millimeters (mm) in height. The height
required by paragraph S5.3 is 2.4 mm.
Rule text: Paragraph S5.3 of FMVSS No. 120 requires in pertinent
part:
S5.3 Each vehicle shall show the information specified in S5.3.1
and S5.3.2 and, in the case of a vehicle equipped with a non-
pneumatic spare tire, the information specified in S5.3.3, in the
English language, lettered in block capitals and numerals not less
than 2.4 millimeters high and in the format set forth following this
paragraph. This information shall appear either--
(a) After each GAWR listed on the certification label required
by Sec. 567.4 or Sec. 567.5 of this chapter; or at the option of
the manufacturer,
(b) On the tire information label affixed to the vehicle in the
manner, location, and form described in Sec. 567.4(b) through (f)
of this chapter as appropriate of each GVWR-GAWR combination listed
on the certification label.
Summary of Startrans' Analysis and Arguments
Startrans determined that the subject noncompliance existed after
being notified by the NHTSA's Office of Vehicle Safety Compliance
(OVSC) that an apparent noncompliance was identified during an OVSC
FMVSS No. 120 compliance test of a model year 2010 Startrans MFSAB.
Startrans makes the argument that the subject noncompliance is not
performance related and is inconsequential to vehicle safety. The font
height of the text on the certification label is just 0.28 mm less than
the requirement, but the label text is clear, legible and meets all the
other labeling requirements.
Startrans also states that the number of vehicles that potentially
require remedy is 107,250 and represents several concerns. These
vehicles are already registered and currently represent no concern with
licensing. To perform a remedy on this many vehicles invites the
possibility of certification decals being reinstalled on the wrong
vehicles.
Startrans has additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles will comply with
FMVSS No. 120.
In summation, Startrans believes that the described noncompliance
of its vehicles is inconsequential to motor vehicle safety, and that
its petition, to exempt from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.
Comments: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and be
submitted by any of the following methods:
a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
b. By hand delivery to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
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 your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may
[[Page 16894]]
also be viewed on the Internet at http://www.regulations.gov by
following the online instructions for accessing the dockets. DOT's
complete Privacy Act Statement is available for review in the Federal
Register published on April 11, 2000, (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
DATES: Comment Closing Date: April 23, 2012.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8)
Issued on: March 16, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-6852 Filed 3-21-12; 8:45 am]
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