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

Topics:  Spartan Metro Star

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
23 June 2017

[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Notices]
[Pages 28736-28737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13083]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0141; Notice 2]


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

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

ACTION: Grant 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.

ADDRESSES: For further information on this decision contact Kerrin 
Bressant, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-1110, 
facsimile (202) 366-5930.

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.
    Notice of receipt of the petition was published, with a 30-day 
public comment period on April 11, 2017, in the Federal Register (82 FR 
17520). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web page at: http://www.regulations.gov/. Then follow the online 
search instruction to locate docket number ``NHTSA-2016-0141.''
    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 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

[[Page 28737]]

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.
    No comments were received during the receipt notice comment period.

NHTSA Decision

    NHTSA Analysis: Spartan Motors USA, Inc. (Spartan) explained that 
as many as 19 emergency response chassis cabs may be equipped with rims 
that were inadvertently stamped with a 24.5 inch diameter x 8.25 inch 
width marking instead of 22.5 inch diameter x 8.25 inch width marking 
which is the actual size of the rim. Further, while the actual diameter 
rim stamping may be 24.5 inches, the physical size (outside diameter) 
is actually 22.5 inches. If a service provider were to reference the 
stamped rim size and attempted to install a tire with an inside 
diameter of 24.5 inches, the tire inside diameter would be too large 
for the rim diameter and the two could not be fitted together.
    In this case, the agency agrees that the noncompliance is 
inconsequential to motor vehicle safety. As stated by Spartan, if a 
service provider tried to mount a 24.5 diameter tire on a 22.5 diameter 
rim it would be unsuccessful. The inability to mount the incorrect tire 
on the rim precludes one's ability to actually drive with an incorrect 
tire-rim combination on public roadways. Furthermore, FMVSS No. 120 
paragraph S5.3 requires vehicles be labeled with proper tire/rim size 
combinations. This additional information is available to assist the 
vehicle operator with tire/rim size information.
    NHTSA's Decision: In consideration of the foregoing, NHTSA has 
decided that the petitioner has met its burden of persuasion that the 
noncompliance at issue is inconsequential to motor vehicle safety. 
Accordingly, Spartan's petition is hereby granted, and the petitioner 
is exempted from the obligation of providing notification of, and a 
remedy for, the noncompliance.
    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, this decision 
only applies to the subject motorcycles that Spartan no longer 
controlled at the time it determined that the noncompliance existed. 
However, the granting of 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. 2017-13083 Filed 6-22-17; 8:45 am]
 BILLING CODE 4910-59-P