Notice of Unsafe Condition Involving Commercial Motor Vehicles Affected by Volvo Trucks North America's Safety Recall and Out-of-Service Declaration

Notice of Unsafe Condition Involving Commercial Motor Vehicles Affected by Volvo Trucks North America's Safety Recall and Out-of-Service Declaration

Topics: Volvo

Notice of Unsafe Condition Involving Commercial Motor Vehicles Affected by Volvo Trucks North America's Safety Recall and Out-of-Service Declaration

T. F. Scott Darling, III
Federal Motor Carrier Safety Administration
25 March 2016

[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Notices]
[Pages 16264-16265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06880]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Notice of Unsafe Condition Involving Commercial Motor Vehicles
Affected by Volvo Trucks North America's Safety Recall and Out-of-
Service Declaration

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice.

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SUMMARY: FMCSA has determined that commercial motor vehicles
manufactured by Volvo Trucks North America (Volvo Trucks) and affected
by the National Highway Traffic Safety Administration (NHTSA) Part 573
Safety Recall Report No. 16V-097000, that have not already received the
interim or permanent recall remedy repair specified by Volvo in the
recall, are likely to cause an accident or breakdown because of a
defective steering shaft which may disconnect from the junction block
without warning, causing the vehicle to be in an unsafe condition.
FMCSA is notifying commercial motor vehicle operators that vehicles
subject to the recall without the interim or permanent repair will be
subject to an immediate out-of-service order under 49 CFR 396.9 or
compatible state regulations.

DATES: This Notice is effective March 23, 2016.

FOR FURTHER INFORMATION CONTACT: Charles J. Fromm, Deputy Chief

[[Page 16265]]

Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey
Ave. SE., Washington, DC 20590, by telephone at 202-366-3551 or via
email at charles.fromm@dot.gov. FMCSA office hours are from 9 a.m. to 5
p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: On February 16, 2016, Volvo Trucks initiated
a safety recall affecting nearly 16,000 Class 8 motor vehicles in the
United States. According to Volvo, a condition exists which could lead
to separation of the steering shaft from the junction block. Also, the
bolt connecting the upper steering shaft to the lower steering shaft
may not have been properly tightened. Volvo's report to NHTSA states
that either condition can lead to separation of the steering shaft and
immediate loss of steering ability and control, which could lead to a
crash. Volvo Trucks issued a Safety Recall Alert on March 10, which
directed all owners of the affected vehicles to take the vehicles out
of operation as soon as possible and cautioned that the separation can
occur without warning and amended its safety recall on March 15,
alerting NHTSA of the more serious hazard. Volvo Trucks strongly
recommends that these vehicles remain out of service until repairs are
made. NHTSA is overseeing Volvo Truck's recall efforts to ensure prompt
notification of the defect to vehicle owners and that vehicles are not
operated in a defective condition. Volvo's Safety Recall Report is
available on its Web site at: http://www-odi.nhtsa.dot.gov/owners/SearchDetails?searchCriteria.prod_ids=1991310&searchCriteria.model_yr=2016&searchCriteria.make=VOLVO&searchCriteria.model=VNL&activeTab=0&searchType=PROD&prodType=V&targetCategory=A&cmplCount=1&rclCount=3&invCount=1&tsbCount=0.
Additionally, to assist with notification efforts, on March 18,
2016, FMCSA posted an Inspection Bulletin on its Web site. https://www.fmcsa.dot.gov/newsroom/urgent-inspection-bulletin-safety-recall-issued-volvo-trucks. The Inspection Bulletin advised FMCSA inspectors
and state partners under the Motor Carrier Safety Assistance Program
(MCSAP) of the condition of the affected vehicles and requested
inspectors to direct the operators of such vehicles to contact Volvo
Customer Service before continuing in operation. The Inspection
Bulletin also noted that continued operation of the affected vehicles
could be considered a violation of 49 CFR 396.7, which prohibits
operation of a vehicle in a condition likely to cause an accident or a
breakdown. Today's notice formalizes that determination and clarifies
that FMCSA and its state partners under the MCSAP program will place a
vehicle out-of-service if the necessary repair or replacement has not
been made, based on the identified out-of-service defect under 49 CFR
393.209(c), which requires that a steering column to be securely
fastened.
The Secretary of Transportation has statutory authority to set
minimum standards for commercial motor vehicle safety, including
ensuring that commercial motor vehicles ``are maintained, equipped,
loaded, and operated safely'' and to prescribe requirements for the
``safety of operation and equipment of, a motor carrier.'' (49 U.S.C.
31136(a)(1) and 49 U.S.C. 31502(b)). The Secretary also has broad power
in carrying out motor carrier safety statutes and regulations to, among
other things, ``inspect the equipment of a carrier or lessor'' and
``perform other acts the Secretary considers appropriate.'' (49 U.S.C.
504(c)(1) and 49 U.S.C. 31133(a)(10)). The Administrator of FMCSA has
been delegated authority under 49 CFR 1.87(f), (i) and (j) to carry out
the functions vested in the Secretary of Transportation by 49 U.S.C.
chapter 311, subchapter III, 49 U.S.C. chapter 315, and 49 U.S.C. 504.
This delegation of authority includes the authority to declare unsafe
vehicles out-of-service under 49 CFR 396.9. Under 49 U.S.C. 31102,
MCSAP State partners agree to conduct roadside inspections. In 49 CFR
part 350, MCSAP state partners agree to adopt state safety laws and
regulations that are compatible with 49 CFR parts 390-397.

Out-of-Service Determination

FMCSA has determined that commercial motor vehicles subject to
Volvo Trucks' Safety Recall (NHTSA Part 573 Safety Recall Report No.
16V-097000), that have not already received the interim or permanent
recall remedy repair specified by Volvo in the above-referenced recall,
are likely to cause an accident or breakdown and are therefore in an
unsafe condition. The condition of the steering column is also a
violation of 49 CFR 393.209(c) which requires the steering column to be
securely fastened. Because of the potential consequences associated
with continued operation of these vehicles, through this notice FMCSA
is declaring unsafe the operation of any unrepaired vehicle affected by
the Volvo Trucks recall under NHTSA Campaign No. 16V097000 and
declaring such vehicles to be in an out-of-service condition. The
affected vehicles should not be operated, and the operation of an
unrepaired affected vehicle will therefore subject the operator to an
out-of-service order under federal or compatible state regulations.
FMCSA is directing its investigators and state partners conducting
roadside inspections to perform a Level IV inspection on any unrepaired
affected vehicles and to place the vehicle out of service based on the
violation of 49 CFR 393.209(c). Level IV inspections, which are
typically performed on a one-time basis on a particular item as a
special inspection, are not included in FMCSA's Safety Measurement
System (SMS), and therefore the out-of-service declaration will not
affect a motor carrier's SMS score.
Placing the vehicle out-of-service under this Notice is not
intended to provide a basis for further enforcement action and seeks
only the immediate cessation of the operation of vehicles that have
been deemed to be in an unsafe condition. Operators of vehicles
declared out-of-service, however, must comply with an out-of-service
order. Motor carrier operators who violate an out-of-service order will
be subject to civil penalties and other enforcement as provided in the
Federal Motor Carrier Safety Regulations.

Issued under the authority delegated in 49 CFR 1.87 on: March
22, 2016.
T. F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-06880 Filed 3-23-16; 11:15 am]
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