[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Notices]
[Pages 20053-20054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07872]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0104; Notice 2]


JLG Industries, Inc., Grant of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Grant of petition.

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SUMMARY: JLG Industries, Inc. (JLG) has determined that certain JLG 
Triple-L utility trailers do not fully comply with paragraph S4.3.5 of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection 
and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying 
Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms 
(10,000 pounds) or Less. JLG filed a report dated July 16, 2014, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. JLG then petitioned NHTSA under 49 CFR part 556 requesting 
a decision that the subject noncompliance is inconsequential to motor 
vehicle safety.

FOR FURTHER INFORMATION CONTACT: For further information on this 
decision contact Stuart Seigel, Office of Vehicle Safety Compliance, 
the National Highway Traffic Safety Administration (NHTSA), Telephone 
(202) 366-5287, facsimile (202) 366-5930.

SUPPLEMENTARY INFORMATION:

I. JLG's Petition

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR part 556, JLG 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.
    Notice of receipt of JLG's petition was published, with a 30-day 
public comment period, on November 21, 2014, in the Federal Register 
(79 FR 69550). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online 
search instructions to located docket number ``NHTSA-2014-0104.''

II. Trailers Involved

    Affected are approximately 2,940 JLG Triple-L utility trailers with 
a GVWR of less than 10,000 lbs. that were manufactured between August 
2005 and July 2014.

III. Noncompliance

    JLG explains that the noncompliance is that the tire and loading 
information placard does not contain the words ``The weight of the 
cargo should never exceed XXX kilograms or XXX pounds'' as required by 
paragraph S4.3.5 of FMVSS No. 110.

IV. Rule Text

    Paragraph S4.3.5 of FMVSS No. 110 requires in pertinent part:

    S4.3.5 Requirements for trailers. Each trailer, except for an 
incomplete vehicle, must show the information specified in S4.3 (c) 
through (g), and may show the information specified in S4.3 (h) and 
(i), on a placard permanently affixed proximate to the certification 
label specified in 49 CFR part 567. Additionally, each trailer must 
on its placard contain a cargo capacity statement expressed as ``The 
weight of cargo should never exceed XXX kilograms or XXX pounds'' in 
the same location on the placard specified for the ``vehicle 
capacity weight'' statement required by the standard. . . .

V. Summary of JLG's Analyses

    JLG stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (A) With regard to trailers JLG states that there is no need to 
account for passenger weight when considering cargo weight because 
there are no designated seating positions on the trailer and all of the 
weight capacity is designated towards cargo. JLG also believes that 
providing the maximum load capacity for the trailer therefore provides 
the same information as providing the maximum weight of the cargo.
    (B) Although the Tire and Loading Information labels on the subject 
trailers do not contain the statement set forth in S4.3.5, the same 
information is provided on a separate label in the vicinity of the Tire 
and Loading Information label. That label states that the ``Max Load 
Capacity xxxx lbs'' and further instructs the operator to ``center load 
on deck.'' It also draws attention to the maximum carrying load of the 
trailer and ensures that drivers loading the trailer are aware of the 
maximum load capacity the trailer can carry--the precise

[[Page 20054]]

information the regulatory text intends to be conveyed.
    JLG has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production trailer Tire and Loading 
Information labels will comply with FMVSS No. 110.
    In summation, JLG believes that the described noncompliance of the 
subject trailers is inconsequential to motor vehicle safety, and that 
its petition, to exempt JLG 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.

NHTSA'S Decision

    NHTSA's Analysis: NHTSA has reviewed JLG's analyses and 
justification for an inconsequential noncompliance determination for 
the affected 2940 utility trailers with incorrect wording on the Tire 
and Loading Information placard. Specifically, the required wording 
``The weight of the cargo should never exceed XXXX kg or XXXX lbs.'' is 
replaced with ``Max. Load Capacity XXXX lbs.'' on a separate label 
placed in the vicinity of the Tire and Loading Information placard. The 
wording of these two labels as described below have an equivalent 
meaning and as such there is little to no risk to motor vehicle safety. 
The cargo capacity statement or ``vehicle capacity weight'' statement 
required by FMVSS No. 110 is defined as ``the rated cargo and luggage 
load plus 68 kilograms times the vehicle's designated seating 
capacity.'' As these trailers do not carry passengers and therefore 
have no designated seating positions, the maximum load capacity for the 
trailer as specified on the JLG trailer label is functionally 
equivalent to the cargo capacity value that should be specified on the 
FMVSS No. 110 placard. There is no confusion for the trailer user as to 
the weight that can be carried on the trailer. In addition, the absence 
of the loading information in kilograms is not likely to be problematic 
for users of these trailers.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that JLG has met its burden of persuasion that the subject FMVSS No. 
110 noncompliance in the affected vehicles is inconsequential to motor 
vehicle safety. Accordingly, JLG's petition is hereby granted and JLG 
is consequently exempted from the obligation of providing notification 
of, and a free remedy for, that noncompliance under 49 U.S.C. 30118 and 
30120.
    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, this decision 
only applies to the subject trailers that JLG no longer controlled at 
the time it determined that the noncompliance existed. However, the 
granting of this petition does not relieve vehicle distributors and 
dealers of the prohibitions on the sale, offer for sale, or 
introduction or delivery for introduction into interstate commerce of 
the noncompliant trailers under their control after JLG notified them 
that the subject noncompliance existed.

    Authority:  49 U.S.C. 30118, 30120: Delegations of authority at 
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-07872 Filed 4-5-16; 8:45 am]
BILLING CODE 4910-59-P