[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Notices]
[Pages 38943-38945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10062]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2023-0010; Notice 1]


Volvo Bus Corporation, Receipt of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Receipt of petition

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SUMMARY: Volvo Bus Corporation (VBC) has determined that certain model 
year (MY) 2009-2023 Volvo 9700 buses do not fully comply with Federal 
Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective 
Devices, and Associated Equipment. VBC filed a noncompliance report 
dated November 15, 2022, and subsequently petitioned NHTSA (the 
``Agency'') on December 13, 2022, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety. 
This document announces receipt of VBC's petition.

DATES: Send comments on or before June 7, 2024.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and may be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the 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 for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (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

[[Page 38944]]

form, please ensure that two copies are provided. If you wish to 
receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Leroy Angeles, NHTSA, Office of 
Vehicle Safety Compliance, (202) 366-5304.

SUPPLEMENTARY INFORMATION: I. Overview: VBC determined that certain MY 
2009-2023 VBC 9700 buses do not fully comply with paragraph S7.7.15.3 
of FMVSS No. 108, Lamps, Reflective Deivces, and Associated Equipment 
(49 CFR 571.108).
    VBC filed a noncompliance report dated November 15, 2022, pursuant 
to 49 CFR part 573, Defect and Noncompliance Responsibility and 
Reports. VBC petitioned NHTSA on December 13, 2022, for an exemption 
from the notification and remedy requirements of 49 U.S.C. Chapter 301 
on the basis that this noncompliance is inconsequential as it relates 
to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) 
and 49 CFR part 556, Exemption for Inconsequential Defect or 
Noncompliance.
    This notice of receipt of VBC's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
another exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 958 MY 2009-2023 Volvo 9700 
buses, manufactured between February 1, 2008 and May 1, 2022, were 
reported by the manufacturer.
    III. Rule Requirements: Paragraph S7.7.15.3 of FMVSS No. 108 
includes the requirements relevant to this petition. Paragraph 
S7.7.15.3 of FMVSS No. 108 requires that light rays reach all portions 
of an imaginary plate of the same size at least 25 mm ahead of the 
actual plate measured perpendicular to the plane of the plate.
    IV. Noncompliance: VBC explains that the noncompliance is that the 
subject vehicles are equipped with license plate lamps that do not 
reach all portions of the license plate when the license plate is 
placed 25 mm ahead of its normal position. Therefore, the subject 
vehicles do not comply with paragraph S7.7.15.3 of FMVSS No. 108.
    V. Summary of VBC's Petition: The following views and arguments 
presented in this section, ``V. Summary of VBC's Petition,'' are the 
views and arguments provided by VBC. They have not been evaluated by 
the Agency and do not reflect the views of the Agency. VBC describes 
the subject noncompliance and contends that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    VBC says that although the subject license plate lamps are 
noncompliant, when the license plate is installed in its normal 
position, it is fully illuminated by the lamps.\1\
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    \1\ See Figure 3 and Figure 4 of VBC's petition.
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    VBC states that it has corrected the subject noncompliance in 
vehicle production and production is currently in compliance with 
paragraph S7.7.15.3 of FMVSS No. 108. VBC notes that paragraph 
S7.7.15.3 of FMVSS No. 108 ``refers to an imaginary plate in a testing 
position, and not a real license plate that requires physical testing 
with measurable test data.''
    VBC contends that the subject noncompliance is inconsequential to 
motor vehicle safety because the noncompliant license plate lamps 
equipped on the subject vehicles fulfill its main purpose to ensure 
that law enforcement personnel and the public are able to identify 
vehicles in low-lighting conditions.
    VBC explains that ``except for vehicle testing purposes, the 
license plate is never installed in a position that differs from its 
original intended one.'' Furthermore, VBC says no vehicles were 
delivered with a license plate in the testing position. Additionally, 
the license plates are fixed in the original position and cannot be 
adjusted. Thus, VBC believes that the license plate equipped on the 
subject vehicles ``will always be fully illuminated under normal 
vehicle operating conditions.''
    VBC says that ``test results demonstrate that this noncompliance is 
imperceptible to road users considering that the license plate is fully 
illuminated when normally installed, as demonstrated in Attachment 2 
`VBC Engineering Report ER-684684'.''
    VBC says that since 2008, over 900 subject vehicles have been 
functioning with the noncompliance at issue, and VBC has not received 
any customer complaints, field reports, or warranty claims related to 
the subject noncompliance. VBC adds that it is not aware of any 
accidents, injuries, or death related to the subject noncompliance.
    VBC says that NHTSA has granted prior petitions in which a 
noncompliance involving the license plate lamps ``is expected to be 
imperceptible, or nearly so, to vehicle occupants or approaching 
drivers.'' VBC believes that the subject noncompliance is imperceptible 
to all road users, therefore, VBC contends that NHTSA should also grant 
VBC's petition.
    VBC concludes by stating its belief that the subject noncompliance 
is inconsequential as it relates to motor vehicle safety and its 
petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    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, any decision on 
this petition only applies to the subject vehicles that VBC no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on 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 vehicles under their control after VBC 
notified them that the subject noncompliance existed.


[[Page 38945]]


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

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2024-10062 Filed 5-7-24; 8:45 am]
BILLING CODE 4910-59-P