[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Notices]
[Pages 49622-49624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20377]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0069; Notice 1]


TAP Worldwide, LLC, 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: TAP Worldwide, LLC, (TAP) has determined that certain model 
year (MY) 2017-2019 Smittybilt SCOUT Trailer Kits do not fully comply 
with 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. TAP filed a noncompliance report 
dated June 26, 2019. Tap also petitioned NHTSA on July 8, 2019, for a 
decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety. This document announces receipt of 
TAP's petition.

DATES: The closing date for comments on the petition is October 21, 
2019.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket number 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 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).

SUPPLEMENTARY INFORMATION: 
    I. Overview: TAP has determined that certain MY 2017-2019 
Smittybilt SCOUT Trailer Kits do not fully comply with paragraph S4.3.5 
and Figure 1 of FMVSS No. 110, Tire Selection and Rims and Motor Home/
Recreation Vehicle Trailer Load Carrying Capacity Information for Motor 
Vehicles with a

[[Page 49623]]

GVWR of 4,536 kilograms (10,000 pounds) or Less (49 CFR 571.110). TAP 
filed a noncompliance report dated June 26, 2019, pursuant to 49 CFR 
part 573, Defect and Noncompliance Responsibility and Reports. TAP also 
petitioned NHTSA on July 8, 2019, 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 TAP's petition, is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercises of judgment concerning the merits of the petition.
    II. Trailers Involved: Approximately 176 MY 2017-2019 Smittybilt 
SCOUT Trailer Kits, manufactured between March 31, 2017, and April 28, 
2019, are potentially involved.
    III. Noncompliance: TAP explains that the noncompliance is that the 
vehicle placards on the subject trailer kits, do not fully comply with 
the formatting and color requirements as required by paragraph S4.3.5 
and Figure 1 of FMVSS No. 110.
    IV. Rule Requirements: S4.3.5 and Figure 1 of FMVSS No. 110 
includes the requirements relevant to this petition. Each trailer, 
except for incomplete vehicle, must show the information specified in 
S4.3(c) through (g) and may show the information specified in S4.3(h) 
and (j), on a placard permanently affixed proximate to the 
certification label specified in 49 CFR part 567. 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), (h), and (i)) in the 
format and color scheme set forth in Figures 1 and 2.
    V. Summary of TAP's Petition: TAP described the subject 
noncompliance and stated its belief that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    In support of its petition, TAP submitted the following reasoning:
    1. The subject tire pressure information labels provide all 
required and correct technical information, and because such 
information is found in three other locations, there is no safety risk 
or risk of tire overloading.
    a. TAP states that the SCOUT Trailers are equipped with tires that 
can handle their load carrying capacity, and there is, accordingly, no 
risk of overloading. The SCOUT Trailer's tires are safe and comply with 
all applicable standards. The sole noncompliance at issue in this 
petition relates to formatting, namely the tire information label, not 
conforming to the formatting and color requirements provided in Figure 
1 of FMVSS No. 110. TAP says that because the tire pressure information 
labels contain all the information required by FMVSS No. 110 and 
because such information is accurate, the subject noncompliance will 
not create a safety risk to any person towing or using a SCOUT Trailer.
    b. Additionally, the correct tire pressure information can be found 
in three other locations: (1) On the SCOUT Trailer's certification 
label, as required under 49 CFR part 565; (2) in the SCOUT Trailer 
owner's manual; and (3) on the SCOUT Trailer's tire sidewall markings. 
Accordingly, including the tire pressure information label, there are 
four separate places where a SCOUT Trailer owner can view the tire 
size, pressure, and load-carrying capacity information of his/her SCOUT 
Trailer.
    c. TAP also stated that because the label provides correct 
information regarding tire size and inflation pressure, TAP's failure 
to utilize the formatting, provided in Figure 1 of FMVSS No. 110, will 
not present a motor vehicle safety risk or cause consumers to 
misunderstand the label.
    2. NHTSA has previously granted petitions with inconsequential 
noncompliances where the noncompliance relates solely to the labeling 
that does not conform with formatting requirements and where the 
manufacturer can show that the noncompliance is unlikely to cause 
consumer misunderstanding.
    a. TAP believes that granting this petition would be consistent 
with NHTSA's prior decisions on petitions involving label formatting 
requirements. For example, in connection with a prior petition for 
inconsequential noncompliance, NHTSA found that deviations in the 
wording on the label required by FMVSS No. 303 were inconsequential 
because the rationale and intent of the labeling requirement was 
nonetheless met, even though the exact, prescribed wording was not 
used, See IMPCO Technologies; Grant of Petition, 65 FR 14009 (March 15, 
2000). Similarly, in another matter, NHTSA concluded that the 
noncompliance with the seat belt assembly label requirements was 
inconsequential because although the subject assemblies had the wrong 
label, the likelihood that a seatbelt would be incorrectly installed as 
a result was low, See TRW, Inc., Grant of Petition, 55 FR 7171, 7172 
(February 4, 1993).
    Finally, in connection with a petition similar to this one, NHTSA 
recently found that a tire pressure information label that was not 
completely legible but provided all of the correct information was an 
inconsequential noncompliance, See Mercedes-Benz USA, LLC, Grant of 
Petition, 84 FR 25118 (May 30, 2019). With respect to that petition, 
NHTSA reasoned that the noncompliance was inconsequential because the 
owners could still find the relevant information in other locations, 
such as in the owner's manual and on the tire sidewall.
    Here, TAP's petition for inconsequential noncompliance meets the 
criteria that NHTSA has previously held such petitions must meet in 
order to be granted.
    3. NHTSA has also granted petitions for inconsequential 
noncompliances where tire pressure information labels contained 
incorrect or missing information.
    a. TAP says that NHTSA has also granted petitions for 
inconsequential noncompliance relating to the tire pressure information 
labels when the label contained incorrect information or was missing 
tire pressure information altogether, See General Motors, LLC, Grant of 
Petition, 84 FR 25117 (May 30, 2019). In so holding, NHTSA reasoned 
that owners can determine the correct tire pressure information through 
the owner's manual or other locations. Also, NHTSA recently granted a 
petition for inconsequential noncompliance where the tire pressure 
information label provided tire inflation information for 18-inch 
tires, even though the vehicle was equipped with 17-inch tires, See BMW 
of North America, LLC, Grant of Petition, 84 FR 26505 (June 6, 2019). 
NHTSA concluded that there was no risk of underinflating or overloading 
the tires, and consumers could find the correct tire pressure 
information in the owner's manual or on the tire sidewall.
    Here, not only can the correct tire pressure information for the 
SCOUT Trailer be found in various other places, but unlike the 
petitions referenced above, it can also be found on the tire pressure 
information label itself, as TAP has confirmed that the information 
listed on the label is accurate.
    4. TAP will correct the formatting and color noncompliance on all 
SCOUT Trailers subsequently sold.
    a. To address the noncompliance referenced in the part 573 Report, 
TAP has reformatted the SCOUT Trailer tire pressure information label 
and will utilize the properly formatted label on all SCOUT Trailers 
sold subsequent to

[[Page 49624]]

the filing of its June 26, 2019, part 573 Report.
    TAP concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that 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 trailers that TAP 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 trailers under their control after TAP 
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.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-20377 Filed 9-19-19; 8:45 am]
 BILLING CODE 4910-59-P


