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Spartan Motors USA, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

American Government Emergency Services Vehicles Topics:  Spartan Metro Star

Spartan Motors USA, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
11 April 2017


[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Notices]
[Pages 17520-17521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07166]



[[Page 17520]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0141; Notice 1]


Spartan Motors USA, Inc., 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: Spartan Motors USA, Inc. (Spartan), has determined that 
certain model year (MY) 2017 Spartan Emergency Response Metro Star 
motor vehicles do not fully comply with 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). 
Spartan filed a noncompliance information report dated December 6, 
2016. Spartan also petitioned NHTSA on January 4, 2017, for a decision 
that the subject noncompliance is inconsequential as it relates to 
motor vehicle safety.

DATES: The closing date for comments on the petition is May 11, 2017.

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 
submitted by any of the following methods:
     Mail: Send comments 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.
     Hand Delivery: Deliver comments by hand 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.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) Web site 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: Spartan Motors USA, Inc. (Spartan), has determined 
that certain model year (MY) 2017 Spartan Emergency Response Metro Star 
motor vehicles do not fully comply with paragraph S5.2(b) 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). Spartan filed a noncompliance report dated December 6, 
2016, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Spartan also petitioned NHTSA on January 4, 
2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 
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.
    This notice of receipt of Spartan's 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.
    II. Vehicles Involved: Approximately 19 MY 2017 Spartan Emergency 
Response Metro Star motor vehicles manufactured between September 6, 
2016, and October 24, 2016, are potentially involved.
    III. Noncompliance: Spartan explains that the noncompliance is that 
the wheels on the subject vehicles incorrectly identify the rim size as 
24.5'' x 8.25'' instead of 22.5'' x 8.25'', and therefore do not meet 
the requirements of paragraph S5.2(b) of FMVSS No. 120.
    IV. Rule Text: paragraph S5.2 of FMVSS No. 120 states:

    S5.2 Rim marking. Each rim or, at the option of the manufacturer 
in the case of a single-piece wheel, wheel disc shall be marked with 
the information listed in paragraphs (a) through (e) of this 
paragraph, in lettering not less than 3 millimeters high, impressed 
to a depth or, at the option of the manufacturer, embossed to a 
height of not less than 0.125 millimeters. . .
    (b) The rim size designation, and in case of multipiece rims, 
the rim type designation. For example: 20 x 5.50, or 20 x 5.5.

    V. Summary of Spartan's Petition: Spartan 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, Spartan provided the following: Chassis 
cabs affected by this condition are manufactured in two or more stages. 
While in general, Spartan is the incomplete vehicle manufacturer, in 
this case, Spartan provides a label that contains the requirements 
identified in 49 CFR 567.5(a)(2)(iv), which states that a label must be 
affixed to an incomplete vehicle that contains the ``GROSS AXLE WEIGHT 
RATING'' or ``GVWR'', followed by the appropriate value in kilograms 
and (pounds) for each axle, identified in order from front to rear 
(e.g., front, first intermediate, second intermediate, rear). The 
ratings for any consecutive axles having identical gross axle weight 
ratings when equipped with tires having the same tire size designation 
may be stated as a single value, with the label indicating to which 
axles the ratings apply. Similar information must be included in the 
incomplete vehicle document or IVD that must be furnished by the 
incomplete vehicle manufacturer, as required by 49 CFR 568.4(a)(5).
    While the actual wheel stamping may be 24.5, the physical size 
(outside diameter) is 22.5. If a service provider were to reference the 
rim size of the incorrectly stamped rim, and attempt to

[[Page 17521]]

install a tire with an inside diameter of 24.5, it would be too large 
for the 22.5 size rim and thus not fit. Given the label being provided 
and the construction details sheet provided in accordance with 
NFPA[supreg] 1901 Standard for Automotive Fire Apparatus 2016 edition, 
Spartan believes the noncompliance is inconsequential as it relates to 
motor vehicle safety, and requests that their 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.
    To view Spartan's petition analyses in its entirety you can visit 
https://www.regulations.gov by following the online instructions for 
accessing the dockets and by using the docket ID number for this 
petition shown in the heading of this notice.
    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 Spartan 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 Spartan 
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. 2017-07166 Filed 4-10-17; 8:45 am]
BILLING CODE 4910-59-P



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