[Federal Register Volume 73, Number 238 (Wednesday, December 10, 2008)]
[Notices]
[Pages 75171-75172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29192]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0176; Notice 1]


Adrian Steel Company on Behalf of Commercial Truck and Van, 
Receipt of Petition for Decision of Inconsequential Noncompliance

    Adrian Steel Company (Adrian), on behalf of Commercial Truck and 
Van Equipment, Inc. (CTV) has determined that certain model year 2006-
2008 incomplete vehicles that CTV completed as trucks did not fully 
comply with paragraph S4.3 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. Adrian 
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), Adrian 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 Adrian, 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 7,761 model years 2006-2008 General 
Motors Chevrolet Cargo Uplander GMT201 platform incomplete vehicles 
that CTV, acting as the final stage manufacturer, completed as trucks. 
CTV completed these vehicles during the period September 1, 2005 
through June 4, 2008.
    Paragraph S4.3 of FMVSS No. 110 requires in pertinent part:

    S4.3 Placard. Each vehicle, except for a trailer or incomplete 
vehicle, shall show the information specified in S4.3 (a) through 
(g), and may show, at the manufacturer's option, the information 
specified in S4.3 (h) and (i), on a placard permanently affixed to 
the driver's side B-pillar. In each vehicle without a driver's side 
B-pillar and with two doors on the driver's side of the vehicle 
opening in opposite directions, the placard shall be affixed on the 
forward edge of the rear side door. If the above locations do not 
permit the affixing of a placard that is legible, visible and 
prominent, the placard shall be permanently affixed to the rear edge 
of the driver's side door. If this location does not permit the 
affixing of a placard that is legible, visible and prominent, the 
placard shall be affixed to the inward facing surface of the vehicle 
next to the driver's seating position. This information shall be in 
the English language and conform in color and format, not including 
the border surrounding the entire placard, as shown in the example 
set forth in Figure 1 in this standard. At the manufacturer's 
option, the information specified in S4.3 (c), (d), and, as 
appropriate, (h) and (i) may be shown, alternatively to being shown 
on the placard, on a tire inflation pressure label which must 
conform in color and format, not including the border surrounding 
the entire label, as shown in the example set forth in Figure 2 in 
this standard. The label shall be permanently affixed and proximate 
to the placard required by this paragraph. 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), and, as appropriate, (h) 
and (i)) may be shown in the format and color scheme set forth in 
Figures 1 and 2.
    (a) Vehicle capacity weight expressed as ``The combined weight 
of occupants and cargo should never exceed XXX kilograms or XXX 
pounds'';
    (b) Designated seated capacity (expressed in terms of total 
number of occupants and number of occupants for each front and rear 
seat location);
    (c) Vehicle manufacturer's recommended cold tire inflation 
pressure for front, rear and spare tires, subject to the limitations 
of S4.3.4. For full size spare tires, the statement ``see above'' 
may, at the Manufacturer's option replace manufacturer's recommended 
cold tire inflation pressure. If no spare tire is provided, the word 
``none'' must replace the manufacturer's recommended cold tire 
inflation pressure.
    (d) Tire size designation, indicated by the headings ``size'' or 
``original tire size'' or ``original size,'' and ``spare tire'' or 
``spare,'' for the tires installed at the time of the first purchase 
for purposes other than resale. For full size spare tires, the 
statement ``see above'' may, at the manufacturer's option replace 
the tire size designation. If no spare tire is provided, the word 
``none'' must replace the tire size designation * * *

    In its petition, Adrian explained that several noncompliances with 
FMVSS No. 110 exist due to errors and omissions on the tire and loading 
information placard that it affixed to the vehicles. The noncompliances 
were identified as:
    1. Paragraph S4.3(a) requires that the vehicle capacity weight be 
stated on the vehicle tire and loading information placard in Metric 
and English units. The Metric value (646 kg) appears correct but the 
English conversion value (5797 lb) is not correct.
    2. Paragraph S4.3(c) requires that the recommended tire inflation 
pressures be stated on the vehicle placard for the original tires 
including the spare tire, and, by the example in FMVSS No. 110, be 
stated in both Metric (KPA) and English (PSI) units. The inflation 
pressures on the vehicle tire and loading information placard appear to 
be the English value only with no units identified, and no inflation 
pressure is provided for the spare tire.
    3. Paragraph S4.3(d) requires the original tire sizes, including 
the spare, be stated on the vehicle tire and loading information 
placard. It appears that the information in the tire size column is rim 
size information. No tire size information is provided for the spare 
tire.
    Furthermore, the vehicle certification label required by 49 CFR 
Part 567, Certification, requires the vehicle type classification 
(e.g., truck, multipurpose passenger vehicle, bus, trailer) to be 
specified. The certification labels specify a vehicle type 
classification of ``Van'' which is not a classification type recognized 
by the agency.
    Summary of why Adrian Steel believes that the identified 
noncompliances are inconsequential to motor vehicle safety:
    Adrian Steel believes that the tire and loading information placard 
is duplicated by the vehicle certification label (required by 49 CFR 
Part 567) because it also provides the appropriate information for an 
owner to understand tire inflation pressures, tire size and load 
ratings. Specifically:
    1. Paragraph S4.3(a) requires that the vehicle capacity weight be 
stated on the vehicle placard in Metric and English units. Although the 
English units had been converted incorrectly, the measure was correct 
on the tire and loading information placard. Also, the vehicle 
certification label identifies the GVWR so that the safe gross vehicle 
weight rating is clearly identified.
    2. Paragraph S4.3(c) requires that the recommended tire inflation 
pressures be stated on the vehicle placard for the original tires, 
stated in both Metric and English units. The inflation pressure of 35 
was identified on the tire and loading information placard but the unit 
of measure was not included, however, it is included on the vehicle 
certification label which is mounted on the vehicle's B pillar adjacent 
to the tire and loading information placard. Since the tire inflation 
pressure is clearly identified on the Vehicle Certification Label, the 
information is available to the owner.

[[Page 75172]]

    3. Paragraph S4.3(d) requires that the original tire sizes, be 
stated on the vehicle placard. Adrian placed the rim size on the tire 
and loading information placard, rather than the tire size. However, 
the tire size is clearly identified on the vehicle certification label 
along with the rim size. Both tire size and rim size are available to 
the owner for the associated vehicle and it would be impossible to 
mount a tire on the vehicle using the rim numbers as a tire size.
    4. The vehicle certification label which is mounted on the vehicle 
next to the tire and loading information placard contained the correct 
English and Metric information for tire size, tire pressure, and GVWR 
but had a vehicle type identified as ``van'' rather than ``truck''. 
While this classification ``van'' is not recognized by the agency, 
Adrian believes that this is inconsequential to motor vehicle safety.
    Adrian stated that its Customer Care Center has never received a 
call or communication of any type with regard to the tire and loading 
information placard or the vehicle certification label.
    Adrian first became aware of the noncompliance when it was 
contacted by NHTSA in response to a vehicle inspection conducted by 
NHTSA.
    Adrian also stated that it has corrected the problem that caused 
these errors so that they will not be repeated in future production.
    In summation, Adrian states that it believes that the 
noncompliances are inconsequential to motor vehicle safety and 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 am to 5 pm 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 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: January 9, 2009.

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

    Issued on: December 4, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-29192 Filed 12-9-08; 8:45 am]
BILLING CODE 4910-59-P