Reflex & Allen USA, Incorporated, Grant of Petition for Decision of Inconsequential Noncompliance |
|---|
|
Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
24 October 2017
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Pages 49263-49265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22993]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0108; Notice 2]
Reflex & Allen USA, Incorporated, Grant of Petition for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
-----------------------------------------------------------------------
SUMMARY: Reflex & Allen USA, Incorporated (RAUS), has determined that
certain Reflex & Allen air brake tubing products do not fully comply
with Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake
Hoses. RAUS filed a noncompliance information report dated September 1,
2016, and amended it on September 13, 2016. RAUS also petitioned NHTSA
on September 30, 2016, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety.
ADDRESSES: For further information regarding this decision please
contact Leroy Angeles, Office of Vehicle Safety Compliance, the
National Highway Traffic Safety Administration (NHTSA), telephone (202)
366-5304, facsimile (202) 366-3081.
SUPPLEMENTARY INFORMATION:
I. Overview: Reflex & Allen USA, Incorporated (RAUS), has
determined that certain Reflex & Allen air brake tubing products do not
fully comply with paragraph S7.2.1 of Federal Motor Vehicle Safety
Standard (FMVSS) No. 106, Brake Hoses. RAUS filed a report dated
September 1, 2016, and amended it on September 13, 2016, pursuant to 49
CFR part 573, Defect and Noncompliance Responsibility and Reports. RAUS
also petitioned NHTSA
[[Page 49264]]
on September 30, 2016, 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 November 25, 2016, in the Federal Register
(81 FR 85323). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: https://www.regulations.gov/. Then follow the
online search instructions to locate docket number ``NHTSA-2016-0108.''
II. Hoses Involved: Approximately 4,500 Reflex & Allen air brake
hose products manufactured between October 16, 2015, and August 30,
2016, are potentially involved.
III. Noncompliance: RAUS explains that the noncompliance is that
the subject brake hoses are labeled at intervals ranging from 6.5
inches to 11.5 inches, thereby exceeding 6-inch maximum spacing
required by paragraph S7.2.1 of FMVSS No. 106.
IV. Rule Text: Paragraph S7.2.1 of FMVSS No. 106 states:
S7.2.1 Hose. Each air brake hose shall be labeled, or cut from
bulk hose that is labeled, at intervals of not more than 6 inches,
measured from the end of one legend to the beginning of the next, in
block capital letters and numerals at least one-eighth of an inch
high, with the information listed in paragraphs (a) through (e) of
this section. The information need not be present on hose that is
sold as part of a brake hose assembly or a motor vehicle.
V. Summary of RAUS's Petition: RAUS 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, RAUS submitted the following reasoning:
(a) RAUS notified NHTSA in a 573 report in early September of 2016,
of a potential noncompliance within a population of air brake tubing
products. The report was subsequently amended to correct affected part
numbers. As described in RAUS's noncompliance notification, the subject
air brake tubing is labeled with the complete and correct identifying
data, but due to a production error, the labeling appears at intervals
that exceed the 6-inch maximum spacing required by the standard.
(b) RAUS noted that all affected products are labeled in accordance
with the requirements of FMVSS No. 106 S7.2.1 except for the print
legend spacing.
(c) These products are sold only to one Original Equipment
Manufacturer (OEM), Volvo Trucks North America (VTNA), which then
paints the complete chassis to include painting over the tubing. These
products meet all applicable performance requirements of FMVSS No. 106.
These products perform exactly as designed. The safety of the vehicle
is uncompromised.
(d) The noncompliant products were produced between October 16,
2015 and August 30, 2016. VTNA first notified RAUS of the noncompliance
on August 30, 2016. Immediately on that date, RAUS recalibrated the
equipment to ensure compliance on all future tubing products and is
conducting initial and secondary quality checks to guarantee compliance
prior to shipment to VTNA. VTNA is the only customer that receives
these products and is fully aware of the situation. RAUS fully believes
that these labeling errors are inconsequential to motor vehicle safety
because the tubing is properly identified with all required identifiers
and meets the standards in every other way. The only noncompliance is
the spacing in which the print legends exceed 6 inch intervals in
various measurements ranging from 6.5 inches to 11.5 inches.
(e) This noncompliance does not create an unreasonable risk of
death or injury in an accident, nor does it create any operational
issues or safety concerns regarding the vehicle. The Safety Act allows
for exemptions for manufacturers from the Safety Act's notice and
remedy requirements particularly when the noncompliance does not create
an unreasonable risk of death or injury in an accident.
(f) The subject brake tubing was marked correctly with all required
identifiers yet the print legends fell beyond the maximum 6 inch
intervals. This error is inconsequential to motor vehicle safety. One
of the main purposes FMVSS No. 106, S7.2.1 is to identify the
manufacturer of the brake tubing in the event of a product recall. If a
recall of this air brake tubing were to become necessary in the future,
the affected products could still be easily identified by the markings
which are conspicuously printed on all of the tubing.
(g) There are several examples of NHTSA granting petitions from the
reporting and notification requirements based on determinations of
inconsequential noncompliance for similar marking/labeling issues
including the granting of the Grote Industries LLC petition on January
23, 2015.
RAUS 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 Decision
NHTSA Analyses: NHTSA has reviewed and accepts RAUS's analysis that
the subject noncompliance is inconsequential to motor vehicle safety.
Specifically, the labeling interval of the brake hose ranging from 6.5
inches to 11.5 inches poses little if any risk to motor vehicle safety
given the fact that every product manufactured by RAUS is labeled with
all information required by FMVSS No. 106.
RAUS stated that the subject hoses are sold to only one vehicle
manufacturer, Volvo Trucks North America (VTNA) and are marked with all
the required identifiers. In addition, RAUS states that the subject
hoses meet all FMVSS No. 106 requirements other than the labeling
interval. As part of NHTSA's review of RAUS's petition, NHTSA contacted
RAUS to verify that every hose produced is in fact labeled. RAUS
responded that the subject hoses are manufactured in continuous lengths
that are labeled. Then the subject bulk hose is shipped or transported
from RAUS's facilities to VTNA on cardboard reels. RAUS stated that
VTNA cuts individual hoses from the bulk hose and installs them onto
vehicle chassis frames. The chassis frames and hoses are painted after
the brake hoses are installed on the chassis.
NHTSA evaluated if having the required labeling information in
intervals of 6.5 to 11.5 inches was inconsequential to safety under
these circumstances. NHTSA reiterates the need for brake hose labeling
required by paragraph S7.2 of FMVSS No. 106 which can be summarized as:
(a) The symbol DOT, constituting the manufacturer's certification that
the hose conforms to all applicable FMVSS; (b) manufacturer's
designation; (c) date of manufacture; (d) nominal inside hose diameter;
and (e) hose type designation. In this situation, all required labeling
was present on every item sold by RAUS to VTNA. The bulk hose was
labeled at an interval that ranged from 6.5 to 11.5 inch. NHTSA agrees
that the users of the bulk brake hose would have ready access to all
required information during handling and processing of the bulk hose.
Furthermore, NHTSA agrees with RAUS, that in the event of a recall,
RAUS or VTNA would be able to easily identify the subject hoses by the
required markings on the bulk hose
[[Page 49265]]
before the hose is cut or installed in vehicles.
As part of its analysis, NHTSA also considered if the hoses need to
be labeled after they are installed on vehicles. Paragraph S7.2.1 of
FMVSS No. 106 states ``. . . The information need not be present on
hose that is sold as part of a brake hose assembly or a motor
vehicle.'' The vehicle manufacturer who installs the subject hoses into
their vehicles, in this case VTNA, is required to certify the vehicles
they manufacture meet all applicable Federal Motor Vehicle Safety
Standards, including FMVSS No. 106. Therefore, VTNA, by cutting and
installing the hose on its vehicles takes responsibility for the hose
as part of the vehicle. Should there be an issue with the brake hoses
installed on VTNA vehicles, VTNA would be responsible for identifying
scope and conducting a recall of the vehicles.
RAUS stated that on August 30, 2016, they recalibrated their
equipment and implemented quality checks to ensure compliance of all
future hoses delivered to VTNA.
NHTSA's Decision: In consideration of the foregoing, NHTSA finds
that RAUS has met its burden of persuasion that the subject FMVSS No.
106 noncompliance is inconsequential to motor vehicle safety.
Accordingly, NHTSA hereby grants RAUS's petition and RAUS is
consequently exempted from the obligation of providing notification of,
and a free remedy for, that noncompliance under 49 U.S.C. 30118 and
30120.
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 hoses that RAUS no longer controlled at the
time it determined that the noncompliance existed. However, the
granting of this petition does not relieve equipment distributors and
dealers of the prohibitions on the sale, offer for sale, or
introduction or delivery for introduction into interstate commerce of
the noncompliant hoses under their control after RAUS 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. 2017-22993 Filed 10-23-17; 8:45 am]
BILLING CODE 4910-59-P