
[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Notices]
[Pages 16893-16894]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6852]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0024; Notice 1]


Supreme Indiana Operations, Inc., Receipt of Petition for 
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: Startrans, a division of Supreme Indiana Operations, Inc., 
(Startrans) \1\ has determined that certain Startrans trucks, buses, 
and multifunction school activity buses (MFSAB) manufactured from 2006 
through 2011, do not fully comply with paragraph S5.3 of Federal Motor 
Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims and 
motor home/recreation vehicle trailer load carrying capacity 
information for motor vehicles with a GVWR of more than 4,536 kilograms 
(10,000 pounds). Startrans has filed an appropriate report dated 
November 16, 2011, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports.
---------------------------------------------------------------------------

    \1\ Supreme Indiana Operations, Inc., is manufacturer of motor 
vehicles and is registered under the laws of the state of Delaware.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Startrans 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.
    This notice of receipt of Startrans' 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.
    Vehicles involved: Affected are approximately: 97,271 Startrans 
2006 through 2011 model year trucks, 9,543 Startrans 2007 through 2011 
model year buses, and 436 model year 2007 through 2011 MFSAB.
    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, these provisions 
only apply to the subject vehicles that Startrans no longer controlled 
at the time it determined that the noncompliance existed.
    Noncompliance: Startrans explains that the noncompliance is that 
the height of the lettering on the combined certification and tire 
information labels attached to the subject vehicles is less than that 
required by paragraph S5.3 of FMVSS No. 120. The lettering on the 
noncompliant labels is only 2.12 millimeters (mm) in height. The height 
required by paragraph S5.3 is 2.4 mm.
    Rule text: Paragraph S5.3 of FMVSS No. 120 requires in pertinent 
part:

    S5.3 Each vehicle shall show the information specified in S5.3.1 
and S5.3.2 and, in the case of a vehicle equipped with a non-
pneumatic spare tire, the information specified in S5.3.3, in the 
English language, lettered in block capitals and numerals not less 
than 2.4 millimeters high and in the format set forth following this 
paragraph. This information shall appear either--
    (a) After each GAWR listed on the certification label required 
by Sec.  567.4 or Sec.  567.5 of this chapter; or at the option of 
the manufacturer,
    (b) On the tire information label affixed to the vehicle in the 
manner, location, and form described in Sec.  567.4(b) through (f) 
of this chapter as appropriate of each GVWR-GAWR combination listed 
on the certification label.

Summary of Startrans' Analysis and Arguments

    Startrans determined that the subject noncompliance existed after 
being notified by the NHTSA's Office of Vehicle Safety Compliance 
(OVSC) that an apparent noncompliance was identified during an OVSC 
FMVSS No. 120 compliance test of a model year 2010 Startrans MFSAB.
    Startrans makes the argument that the subject noncompliance is not 
performance related and is inconsequential to vehicle safety. The font 
height of the text on the certification label is just 0.28 mm less than 
the requirement, but the label text is clear, legible and meets all the 
other labeling requirements.
    Startrans also states that the number of vehicles that potentially 
require remedy is 107,250 and represents several concerns. These 
vehicles are already registered and currently represent no concern with 
licensing. To perform a remedy on this many vehicles invites the 
possibility of certification decals being reinstalled on the wrong 
vehicles.
    Startrans has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production vehicles will comply with 
FMVSS No. 120.
    In summation, Startrans believes that the described noncompliance 
of its vehicles is inconsequential to motor vehicle safety, and that 
its petition, to exempt 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.
    Comments: 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.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may

[[Page 16894]]

also be viewed on the Internet at http://www.regulations.gov by 
following the online instructions for accessing the dockets. DOT's 
complete Privacy Act Statement is available for review in the Federal 
Register published on April 11, 2000, (65 FR 19477-78).
    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.

DATES: Comment Closing Date: April 23, 2012.

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

    Issued on: March 16, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-6852 Filed 3-21-12; 8:45 am]
BILLING CODE 4910-59-P


