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Vermeer Manufacturing Company, Receipt of Petition for Decision of Inconsequential Noncompliance Publication: Federal Register Signing Official: Otto G. Matheke III Agency/Department: National Highway Traffic Safety Administration Date: 17 June 2022 Topics: McLaughlin, Vac-Tron, Vermeer  
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[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36577-36579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13078]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0045; Notice 1]
Vermeer Manufacturing Company, 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: Vermeer Manufacturing Company (``Vermeer'') has determined
that certain Model Year (MY) 2006-2021 Vermeer, Vac-Tron, and
McLaughlin trailers manufactured by its subsidiary, Vermeer MV
Solutions, Inc. (including its predecessors in interest Mclaughlin
Group, Inc. and Vac-Tron Equipment, LLC) 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. Vermeer filed a noncompliance report dated
April 26, 2021, and amended it on May 14, 2021, and May 20, 2021.
Simultaneously, Vermeer petitioned NHTSA on May 20, 2021, and amended
it on June 10, 2021, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety. This notice
announces receipt of Vermeer's petition.
DATES: Send comments on or before July 18, 2022.
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 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
[[Page 36578]]
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 docket. 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).
FOR FURTHER INFORMATION CONTACT: Ahmad Barnes, Office of Vehicle Safety
Compliance, NHTSA, (202) 366-7236.
SUPPLEMENTARY INFORMATION:
I. Overview
Vermeer has determined that certain MY 2006-2021 Vermeer, Vac-Tron,
and McLaughlin trailers do not fully comply with the requirements of
paragraph S4.3.5 of 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
(49 CFR 571.110). Vermeer filed an original noncompliance report dated
April 26, 2021, and amended it on May 14, 2021, and May 20, 2021.
Vermeer simultaneously petitioned NHTSA on May 20, 2021, and amended it
on June 10, 2021, 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 Vermeer'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. Trailers Involved
Approximately 1,308 of the following MY 2006-2021 Vermeer, Vac-
Tron, and McLaughlin trailers, manufactured by Vermeer's subsidiary,
Vermeer MV Solutions, Inc. (including its predecessors in interest
Mclaughlin Group, Inc. and Vac-Tron Equipment, LLC) between March 1,
2006, and April 28, 2021, are potentially involved:
MY 2021 Vermeer LPMINI
MY 2014-2021 Vac-Tron LPMINI
MY 2021 Vermeer LPMINIXDT
MY 2019-2021 Vac-Tron LPSDT
MY 2021 Vermeer LPSDT
MY 2019-2020 Vac-Tron LPSGT
MY 2021 Vermeer LPSGT
MY 2019-2021 Vac-Tron LPXDT
MY 2014-2020 Vac Tron LPMINIXDT
MY 2015-2019 Vac Tron LP573XDT
MY 2015 Vac-Tron CS530GT
MY 2013 Vac-Tron CS555GT
MY 2016-2018 Vac-Tron CS570GT
MY 2018 Vac-Tron CS573GT
MY 2017-2018 Vac-Tron CV570GT
MY 2017-2018 Vac-Tron CV570SGT
MY 2016-2018 Vac-Tron CV573GT
MY 2016-2019 Vac-Tron CV573SGT
MY 2019-2021 Vac-Tron CVGT
MY 2021 Vermeer CVGT
MY 2019-2021 Vac-Tron CVSGT
MY 2021 Vermeer LPXDT
MY 2021 Vermeer CVSGT
MY 2016 Vac-Tron EV150DT
MY 2011-2019 Vac-Tron EV150GT
MY 2019-2021 Vac Tron EVGT
MY 2006 Vac-Tron FM150SGT
MY 2008 Vac-Tron FM350SDT
MY 2011-2018 Vac-Tron JETTERTLR
MY 2013-2017 Vac-Tron LP303GT
MY 2016 Vac-Tron LP303XDT
MY 2011-2013 Vac-Tron LP305DT
MY 2012 Vac-Tron LP305GT
MY 2014 Vac-Tron LP333DT
MY 2014-2015 Vac-Tron LP333GT
MY 2011-2012 Vac-Tron LP355DT
MY 2013 Vac-Tron LP355GT
MY 2018 Vac-Tron LP370XDT
MY 2015-2019 Vac-Tron LP373GT
MY 2016-2018 Vac-Tron LP373SGT
MY 2017 Vac-Tron AIR373SDT
MY 2017-2018 Vac-Tron LP373XDT
MY 2013 Vac-Tron LP500DT
MY 2011 Vac-Tron LP500GT
MY 2013-2017 Vac-Tron LP533SDT
MY 2015 Vac-Tron LP533SGT
MY 2011-2012 Vac-Tron AIR555SDT
MY 2016-2018 Vac-Tron AIR573SDT
MY 2019 Vac-Tron AIRSDT
MY 2012 Vac-Tron CS350GT
MY 2021 Vermeer CS418B
MY 2012-2016 Vac-Tron CS500DT
MY 2011-2015 Vac-Tron CS500GT
MY 2012 Vac-Tron LP550SDT
MY 2011-2013 Vac-Tron LP555DT
MY 2009-2013 Vac-Tron LP555SDT
MY 2016 Vac-Tron LP573GT
MY 2015-2019 Vac-Tron LP573SDT
MY 2015-2018 Vac-Tron LP573SGT
MY 2016-2021 McLaughlin CS418B
MY 2015-2019 McLaughlin V25G
MY 2014-2020 McLaughlin VX30
MY 2014-2019 McLaughlin VX30G
MY 2014-2021 McLaughlin VX50
MY 2008 McLaughlin V250
MY 2013-2014 McLaughlin V500LEG
MY 2012-2014 McLaughlin V500LELT
MY 2012-2014 McLaughlin V500LELTHD
MY 2007 McLaughlin V500LT
III. Noncompliance
Vermeer explains that the noncompliance is that the subject
trailers are not equipped with vehicle placards as required by
paragraph S4.3.5 of FMVSS No. 110.
IV. Rule Requirements
Paragraph S4.3.5 of FMVSS No. 110 includes the requirements
relevant to this petition. Each trailer, except for an incomplete
vehicle, must show the information specified in S4.3 (c) through (g)
and may show the information specified in paragraphs S4.3 (h) and (i),
on a placard permanently affixed proximate to the certification label
specified in 49 CFR part 567. Additionally, each trailer must on its
placard contain a cargo capacity statement expressed as ``The weight of
cargo should never exceed XXX kilograms or XXX pounds'' in the same
location on the placard specified for the ``vehicle capacity weight''
statement required by this standard. The information specified in
paragraph 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 Vermeer's Petition
The following views and arguments presented in this section, ``V.
Summary of Vermeer's Petition,'' are the views and arguments provided
by Vermeer. They have not been evaluated by the Agency and do not
reflect the views of the Agency. Vermeer describes the subject
noncompliance and contends that the noncompliance is inconsequential as
it relates to motor vehicle safety.
Vermeer provided background information about the subject trailers
to further explain why it believes the subject noncompliance is
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inconsequential to safety. Vermeer says that the subject trailers are
``used by professional construction companies, not by the general
public.'' In support, Vermeer cited several decisions NHTSA has
published in the past regarding consideration in evaluating
inconsequential noncompliance petitions. Vermeer quotes NHTSA as saying
that ``the issue to consider is the consequence to an occupant who is
exposed to the consequence of that noncompliance'' \1\ and that NHTSA
also considers the ``specific facts before it in a particular
petition'' \2\ in addition to ``whether an occupant who is affected by
the noncompliance is likely to be exposed to a significantly greater
risk than an occupant in a compliant vehicle [emphasis added by
Vermeer].'' \3\
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\1\ See General Motors, LLC, Denial of Petition for Decision of
Inconsequential Noncompliance, 85 FR 71713 (Nov. 10, 2020); see also
General Motors Corp.; Ruling on Petition for Determination of
Inconsequential Noncompliance, 69 FR 19897 (Apr. 14, 2004).
\2\ See BMW of North America, LLC; Jaguar Land Rover North
America, LLC; and Autoliv, Inc.; Decisions of Petitions for
Inconsequential Noncompliance, 84 FR 19994 (May 7, 2019) (citing
General Motors, LLC., Grant of Petition for Decision of
Inconsequential Noncompliance, 81 FR 92963 (Dec. 20, 2016)).
\3\ See Cosco Inc.; Denial of Application of Inconsequential
Noncompliance, 64 FR 29408 (Jun. 1, 1999).
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According to Vermeer, [t]he purpose of the tire placard is
informational and not a substantive performance standard, and the
missing information is readily available to operators from other
sources.'' Vermeer notes that along with the required information being
readily available in the owner's manual, the missing information from
the tire placard can also be found on the tire sidewalls and rims
installed on the subject trailers. Vermeer also notes that another
source of the missing information would be MyVermeer.com.
Vermeer observes that NHTSA has previously granted
inconsequentiality petitions that pertain to a similar noncompliance as
the subject petition. These include:
See Mercedes-Benz USA, LLC, Grant of Petition for Decision
of Inconsequential Noncompliance, 84 FR 25118 (May 30, 2019);
See General Motors, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance, 84 FR 25117 (May 30, 2019);
See Mercedes-Benz USA, LLC, Grant of Petition for Decision
of Inconsequential Noncompliance, 82 FR 5640 (January 18, 2017);
See Volkswagen Group of America, Inc., Grant of Petition
for Decision of Inconsequential Noncompliance, 81 FR 88728 (December 8,
2016);
See Volkswagen Group of America, Grant of Petition for
Decision of Inconsequential Noncompliance, 81 FR 28935 (May 10, 2016);
See Chrysler Group, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance, 81 FR 30607 (May 17, 2016);
See BMW of North America, LLC, Grant of Petition for
Decision of Inconsequential Noncompliance, 78 FR 76408 (December 17,
2013);
See Chrysler Group, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance, 78 FR 38443 (June 26, 2013); and
See Hyundai-Kia America Technical Center, Inc., Grant of
Petition for Decision of Inconsequential Noncompliance, 78 FR 38445
(June 26, 2013).
Vermeer emphasized that the operators of the subject trailers
``would be experienced with and knowledgeable about these trailers.''
Vermeer says that the granting of an inconsequentiality petition
submitted by Chrysler Group supports this assertion.\4\
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\4\ See Chrysler Group, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance; 81 FR 30607 (May 17, 2016).
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Last, Vermeer contends that the subject trailers meet all of the
other requirements with FMVSS No. 110 and that Vermeer ``is not aware
of any complaints, claims, or incidents related to the subject
noncompliance.''
Vermeer concludes 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 Vermeer 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 Vermeer
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. 2022-13078 Filed 6-16-22; 8:45 am]
BILLING CODE 4910-59-P