[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Notices]
[Pages 67926-67927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27239]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0167; Notice 1]


Volvo Cars of North America, LLC, Receipt of Petition for 
Decision of Inconsequential Noncompliance

    Volvo Cars of North America, LLC (Volvo), has determined that 
certain model year 2003-2009 multipurpose passenger vehicles (MPV) did 
not fully comply with paragraphs S4.4.2(a) and 4.4.2(c) of 49 CFR 
571.110, Federal Motor Vehicle Safety Standard (FMVSS) No. 110 Tire 
Selection and Rims for Motor Vehicles With a GVWR of 4,536 Kilograms 
(10,000 pounds) or Less. Volvo has filed an appropriate report pursuant 
to 49 CFR Part 573, Defect and Noncompliance Responsibility and 
Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Volvo has petitioned 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 Volvo's 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.
    Affected are approximately 201,914 model years 2003-2009 XC90 MPV 
manufactured from August 5, 2002 through March 28, 2008, and 14,147 
model years 2008-2009 XC70 MPV manufactured from May 21, 2007 through 
March 28, 2008.
    Paragraphs S4.4.2(a) and 4.4.2(c) of FMVSS No. 110 require in 
pertinent part:

    S4.4.2. Rim markings for vehicles other than passenger cars. 
Each rim or, at the option of the manufacturer in the case of a 
single-piece wheel, each wheel disc shall be marked with the 
information listed in S4.4.2 (a) through (e), in lettering not less 
than 3 millimeters in height, impressed to a depth, or at the option 
of the manufacturer, embossed to a height of not less than 0.125 
millimeters. The information listed in S4.4.2 (a) through (c) shall 
appear on the outward side. In the case of rims of multi piece 
construction, the information listed in S4.4.2 (a) through (e) shall 
appear on the rim base and the information listed in S4.4.2 (b) and 
(d) shall also appear on each other part of the rim.
    (a) A designation that indicates the source of the rim's 
published nominal dimensions, as follows:
    (1) ``T'' indicates The Tire and Rim Association.
    (2) ``E'' indicates The European Tyre and Rim Technical 
Organization.
    (3) ``J'' indicates Japan Automobile Tire Manufacturers 
Association, Inc.
    (4) ``L'' indicates ABPA (Brazil), a.k.a. Associacao Latino 
Americana De Pneus E Aros.
    (5) ``F'' indicates Tire and Rim Engineering Data Committee of 
South Africa (Tredco).
    (6) ``S'' indicates Scandinavian Tire and Rim Organization 
(STRO).
    (7) ``A'' indicates The Tyre and Rim Association of Australia.
    (8) ``I'' indicates Indian Tyre Technical Advisory Committee 
(ITTAC).
    (9) ``R'' indicates Argentine Institute of Rationalization of 
Materials, a.k.a. Instituto Argentino de Racionalizacion de 
Materiales, (ARAM).
    (10) ``N'' indicates an independent listing pursuant to S4.1 of 
Sec. 571.139 or S5.1(a) of Sec. 571.119 * * *
    (c) The symbol DOT, constituting a certification by the 
manufacturer of the rim that the rim complies with all applicable 
Federal motor vehicle safety standards.

    In its petition, Volvo described the noncompliance as the omission 
of the certification symbol (``DOT'') and the designation symbol (in 
this case ``E'') which indicates the source of the rims' published 
nominal dimensions.
    Volvo argues that this noncompliance is inconsequential to motor 
vehicle safety for the following reason: Apart from S4.4.2 (a) and 
S4.4.2(c), which require the designation of the source of the rims' 
dimensions, and use of the symbol DOT, respectively the subject rims 
contain all information required within FMVSS No. 110. The tire and rim 
of the affected vehicles are properly matched, and are appropriate for 
the load-carrying characteristics of these vehicles. The information on 
the wheel provides users with the information necessary to ensure that 
the wheel is mounted on the appropriate vehicle; the omission of the 
``DOT-E'' stamping will not result in misapplication of the wheels. 
Also, the rim markings and vehicle placard, which are used to identify 
the correct replacement rim, both contain the correct and complete size 
of rims installed on the subject vehicles.
    Volvo stated that it is unaware of any accidents or injuries or 
customer complaints related to the lack of these markings and that the 
missing markings do not affect the performance of the wheels or the 
tire and wheel assemblies.
    In addition, Volvo states that it has corrected the problem that 
caused these errors so that they will not be repeated in future 
production and that it believes that because the noncompliance is 
inconsequential to motor vehicle safety that no corrective action is 
warranted.
    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.
    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.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if

[[Page 67927]]

submitted on behalf of an association, business, labor union, etc.). 
DOT's complete Privacy Act Statement in the Federal Register published 
on April 11, 2000 (65 FR 19477-78).
    You may view documents submitted to a docket at the address and 
times given above. You may also view the documents on the Internet at 
http://www.regulations.gov by following the online instructions for 
accessing the dockets available at that Web site.
    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.
    Comment closing date: December 17, 2008.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: November 10, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-27239 Filed 11-14-08; 8:45 am]
BILLING CODE 4910-59-P