[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Notices]
[Pages 16264-16265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06880]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Notice of Unsafe Condition Involving Commercial Motor Vehicles 
Affected by Volvo Trucks North America's Safety Recall and Out-of-
Service Declaration

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice.

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SUMMARY: FMCSA has determined that commercial motor vehicles 
manufactured by Volvo Trucks North America (Volvo Trucks) and affected 
by the National Highway Traffic Safety Administration (NHTSA) Part 573 
Safety Recall Report No. 16V-097000, that have not already received the 
interim or permanent recall remedy repair specified by Volvo in the 
recall, are likely to cause an accident or breakdown because of a 
defective steering shaft which may disconnect from the junction block 
without warning, causing the vehicle to be in an unsafe condition. 
FMCSA is notifying commercial motor vehicle operators that vehicles 
subject to the recall without the interim or permanent repair will be 
subject to an immediate out-of-service order under 49 CFR 396.9 or 
compatible state regulations.

DATES: This Notice is effective March 23, 2016.

FOR FURTHER INFORMATION CONTACT: Charles J. Fromm, Deputy Chief

[[Page 16265]]

Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey 
Ave. SE., Washington, DC 20590, by telephone at 202-366-3551 or via 
email at [email protected]. FMCSA office hours are from 9 a.m. to 5 
p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: On February 16, 2016, Volvo Trucks initiated 
a safety recall affecting nearly 16,000 Class 8 motor vehicles in the 
United States. According to Volvo, a condition exists which could lead 
to separation of the steering shaft from the junction block. Also, the 
bolt connecting the upper steering shaft to the lower steering shaft 
may not have been properly tightened. Volvo's report to NHTSA states 
that either condition can lead to separation of the steering shaft and 
immediate loss of steering ability and control, which could lead to a 
crash. Volvo Trucks issued a Safety Recall Alert on March 10, which 
directed all owners of the affected vehicles to take the vehicles out 
of operation as soon as possible and cautioned that the separation can 
occur without warning and amended its safety recall on March 15, 
alerting NHTSA of the more serious hazard. Volvo Trucks strongly 
recommends that these vehicles remain out of service until repairs are 
made. NHTSA is overseeing Volvo Truck's recall efforts to ensure prompt 
notification of the defect to vehicle owners and that vehicles are not 
operated in a defective condition. Volvo's Safety Recall Report is 
available on its Web site at: http://www-odi.nhtsa.dot.gov/owners/SearchDetails?searchCriteria.prod_ids=1991310&searchCriteria.model_yr=2016&searchCriteria.make=VOLVO&searchCriteria.model=VNL&activeTab=0&searchType=PROD&prodType=V&targetCategory=A&cmplCount=1&rclCount=3&invCount=1&tsbCount=0.
    Additionally, to assist with notification efforts, on March 18, 
2016, FMCSA posted an Inspection Bulletin on its Web site. https://www.fmcsa.dot.gov/newsroom/urgent-inspection-bulletin-safety-recall-issued-volvo-trucks. The Inspection Bulletin advised FMCSA inspectors 
and state partners under the Motor Carrier Safety Assistance Program 
(MCSAP) of the condition of the affected vehicles and requested 
inspectors to direct the operators of such vehicles to contact Volvo 
Customer Service before continuing in operation. The Inspection 
Bulletin also noted that continued operation of the affected vehicles 
could be considered a violation of 49 CFR 396.7, which prohibits 
operation of a vehicle in a condition likely to cause an accident or a 
breakdown. Today's notice formalizes that determination and clarifies 
that FMCSA and its state partners under the MCSAP program will place a 
vehicle out-of-service if the necessary repair or replacement has not 
been made, based on the identified out-of-service defect under 49 CFR 
393.209(c), which requires that a steering column to be securely 
fastened.
    The Secretary of Transportation has statutory authority to set 
minimum standards for commercial motor vehicle safety, including 
ensuring that commercial motor vehicles ``are maintained, equipped, 
loaded, and operated safely'' and to prescribe requirements for the 
``safety of operation and equipment of, a motor carrier.'' (49 U.S.C. 
31136(a)(1) and 49 U.S.C. 31502(b)). The Secretary also has broad power 
in carrying out motor carrier safety statutes and regulations to, among 
other things, ``inspect the equipment of a carrier or lessor'' and 
``perform other acts the Secretary considers appropriate.'' (49 U.S.C. 
504(c)(1) and 49 U.S.C. 31133(a)(10)). The Administrator of FMCSA has 
been delegated authority under 49 CFR 1.87(f), (i) and (j) to carry out 
the functions vested in the Secretary of Transportation by 49 U.S.C. 
chapter 311, subchapter III, 49 U.S.C. chapter 315, and 49 U.S.C. 504. 
This delegation of authority includes the authority to declare unsafe 
vehicles out-of-service under 49 CFR 396.9. Under 49 U.S.C. 31102, 
MCSAP State partners agree to conduct roadside inspections. In 49 CFR 
part 350, MCSAP state partners agree to adopt state safety laws and 
regulations that are compatible with 49 CFR parts 390-397.

Out-of-Service Determination

    FMCSA has determined that commercial motor vehicles subject to 
Volvo Trucks' Safety Recall (NHTSA Part 573 Safety Recall Report No. 
16V-097000), that have not already received the interim or permanent 
recall remedy repair specified by Volvo in the above-referenced recall, 
are likely to cause an accident or breakdown and are therefore in an 
unsafe condition. The condition of the steering column is also a 
violation of 49 CFR 393.209(c) which requires the steering column to be 
securely fastened. Because of the potential consequences associated 
with continued operation of these vehicles, through this notice FMCSA 
is declaring unsafe the operation of any unrepaired vehicle affected by 
the Volvo Trucks recall under NHTSA Campaign No. 16V097000 and 
declaring such vehicles to be in an out-of-service condition. The 
affected vehicles should not be operated, and the operation of an 
unrepaired affected vehicle will therefore subject the operator to an 
out-of-service order under federal or compatible state regulations.
    FMCSA is directing its investigators and state partners conducting 
roadside inspections to perform a Level IV inspection on any unrepaired 
affected vehicles and to place the vehicle out of service based on the 
violation of 49 CFR 393.209(c). Level IV inspections, which are 
typically performed on a one-time basis on a particular item as a 
special inspection, are not included in FMCSA's Safety Measurement 
System (SMS), and therefore the out-of-service declaration will not 
affect a motor carrier's SMS score.
    Placing the vehicle out-of-service under this Notice is not 
intended to provide a basis for further enforcement action and seeks 
only the immediate cessation of the operation of vehicles that have 
been deemed to be in an unsafe condition. Operators of vehicles 
declared out-of-service, however, must comply with an out-of-service 
order. Motor carrier operators who violate an out-of-service order will 
be subject to civil penalties and other enforcement as provided in the 
Federal Motor Carrier Safety Regulations.

    Issued under the authority delegated in 49 CFR 1.87 on: March 
22, 2016.
T. F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-06880 Filed 3-23-16; 11:15 am]
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