Notice2021-23649
TAP Worldwide, LLC, Grant of Petition for Decision of Inconsequential Noncompliance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 1, 2021
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
TAP Worldwide, LLC, (TAP) has determined that certain model year (MY) 2017-2019 Smittybilt SCOUT Trailer Kits 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. TAP filed a noncompliance report dated June 26, 2019. Tap also petitioned NHTSA on July 8, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the grant of TAP's petition.
Full Text
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<title>Federal Register, Volume 86 Issue 208 (Monday, November 1, 2021)</title>
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[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Notices]
[Pages 60346-60348]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23649]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2019-0069; Notice 2]
TAP Worldwide, LLC, 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: TAP Worldwide, LLC, (TAP) has determined that certain model
year (MY) 2017-2019 Smittybilt SCOUT Trailer Kits 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. TAP filed a noncompliance report
dated June 26, 2019. Tap also petitioned NHTSA on July 8, 2019, for a
decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This document announces the grant of
TAP's petition.
FOR FURTHER INFORMATION CONTACT: Kerrin Bressant, Office of Vehicle
Safety Compliance, National Highway Traffic Safety Administration
(NHTSA), telephone (202) 366-1110.
SUPPLEMENTARY INFORMATION:
I. Overview
TAP has determined that certain MY 2017-2019 Smittybilt SCOUT
Trailer Kits do not fully comply with paragraph S4.3.5 and Figure 1 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). TAP filed a noncompliance report dated June 26, 2019,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. TAP also petitioned NHTSA on July 8, 2019, 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.
Notice of receipt of TAP's petition was published with a 30-day
public comment period, on September 20, 2019, in the Federal Register
(84 FR 49622). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Then follow the online
search instructions to locate docket number ``NHTSA-2019-0069.''
II. Trailers Involved
Approximately 176 MY 2017-2019 Smittybilt SCOUT Trailer Kits,
manufactured between March 31, 2017, and April 28, 2019, are
potentially involved.
III. Noncompliance
TAP explains that the noncompliance is that the vehicle placards on
the subject trailer kits, do not fully comply with the formatting and
color requirements (which require either ``yellow text on black
background'' or ``black text on yellow background'') as required by
paragraph S4.3.5 and Figure 1 of FMVSS No. 110. The TAP placards were
mounted with black text on a white background.
IV. Rule Requirements
S4.3.5 and Figure 1 of FMVSS No. 110 include the requirements
relevant to this petition. Each trailer, except for an incomplete
vehicle, must show the information specified in S4.3(c) through (g).
This information, per Figures 1 and 2 of FMVSS No. 110, should be
illustrated with EITHER ``Yellow Text on Black Background'' or ``Black
Text on Yellow Background.'' Additionally, at the manufacturer's
option, they may show the information specified in S4.3(h) proximate to
the placard or the Tire Information Pressure Label and the listed
elements of S4.3(i) in accordance with S4.3(d). The information
specified in 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 TAP's Petition
TAP 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, TAP submitted the following reasoning:
1. The subject tire pressure information labels provide all
required and correct technical information, and because such
information is found in three other locations, there is no safety risk
or risk of tire overloading.
a. TAP states that the SCOUT Trailers are equipped with tires that
can handle their load carrying capacity, and there is, accordingly, no
risk of overloading. The SCOUT Trailer's tires are safe and comply with
all applicable standards. The sole noncompliance at issue in this
petition relates to formatting, namely the tire information label, not
conforming to the formatting and color requirements provided in Figure
1 of FMVSS No. 110. TAP says that because the tire pressure information
labels contain all the information required by FMVSS No. 110 and
because such information is accurate, the subject noncompliance will
not create a safety
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risk to any person towing or using a SCOUT Trailer.
b. Additionally, the correct tire pressure information can be found
in three other locations: (1) On the SCOUT Trailer's certification
label, as required under 49 CFR part 565; (2) in the SCOUT Trailer
owner's manual; and (3) on the SCOUT Trailer's tire sidewall markings.
Accordingly, including the tire pressure information label, there are
four separate places where a SCOUT Trailer owner can view the tire
size, pressure, and load-carrying capacity information of his/her SCOUT
Trailer.
c. TAP also stated that because the label provides correct
information regarding tire size and inflation pressure, TAP's failure
to utilize the formatting, provided in Figure 1 of FMVSS No. 110, will
not present a motor vehicle safety risk or cause consumers to
misunderstand the label.
2. NHTSA has previously granted petitions with inconsequential
noncompliances where the noncompliance relates solely to the labeling
that does not conform with formatting requirements and where the
manufacturer can show that the noncompliance is unlikely to cause
consumer misunderstanding.
a. TAP believes that granting this petition would be consistent
with NHTSA's prior decisions on petitions involving label formatting
requirements. For example, in connection with a prior petition for
inconsequential noncompliance, NHTSA found that deviations in the
wording on the label required by FMVSS No. 303 were inconsequential
because the rationale and intent of the labeling requirement was
nonetheless met, even though the exact, prescribed wording was not
used, See IMPCO Technologies; Grant of Petition, 65 FR 14009 (March 15,
2000). Similarly, in another matter, NHTSA concluded that the
noncompliance with the seat belt assembly label requirements was
inconsequential because although the subject assemblies had the wrong
label, the likelihood that a seatbelt would be incorrectly installed as
a result was low, See TRW, Inc., Grant of Petition, 55 FR 7171, 7172
(February 4, 1993).
Finally, in connection with a petition similar to this one, NHTSA
recently found that a tire pressure information label that was not
completely legible but provided all of the correct information was an
inconsequential noncompliance, See Mercedes-Benz USA, LLC, Grant of
Petition, 84 FR 25118 (May 30, 2019). With respect to that petition,
NHTSA reasoned that the noncompliance was inconsequential because the
owners could still find the relevant information in other locations,
such as in the owner's manual and on the tire sidewall.
Here, TAP's petition for inconsequential noncompliance meets the
criteria that NHTSA has previously held such petitions must meet in
order to be granted.
3. NHTSA has also granted petitions for inconsequential
noncompliances where tire pressure information labels contained
incorrect or missing information.
a. TAP says that NHTSA has also granted petitions for
inconsequential noncompliance relating to the tire pressure information
labels when the label contained incorrect information or was missing
tire pressure information altogether, See General Motors, LLC, Grant of
Petition, 84 FR 25117 (May 30, 2019). In so holding, NHTSA reasoned
that owners can determine the correct tire pressure information through
the owner's manual or other locations. Also, NHTSA recently granted a
petition for inconsequential noncompliance where the tire pressure
information label provided tire inflation information for 18-inch
tires, even though the vehicle was equipped with 17-inch tires, See BMW
of North America, LLC, Grant of Petition, 84 FR 26505 (June 6, 2019).
NHTSA concluded that there was no risk of underinflating or overloading
the tires, and consumers could find the correct tire pressure
information in the owner's manual or on the tire sidewall.
Here, not only can the correct tire pressure information for the
SCOUT Trailer be found in various other places, but unlike the
petitions referenced above, it can also be found on the tire pressure
information label itself, as TAP has confirmed that the information
listed on the label is accurate.
4. TAP will correct the formatting and color noncompliance on all
SCOUT Trailers subsequently sold.
a. To address the noncompliance referenced in the part 573 Report,
TAP has reformatted the SCOUT Trailer tire pressure information label
and will utilize the properly formatted label on all SCOUT Trailers
sold subsequent to the filing of its June 26, 2019, part 573 Report.
TAP 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's Analysis
TAP Worldwide explained that the noncompliance is that while
containing all technical information required by FMVSS No. 110, the
installed labels on the subject vehicles do not conform to the
formatting and color requirements referenced in Figure 1 of FMVSS No.
110.
The intent of FMVSS No. 110 is to ensure that vehicles are equipped
with tires appropriate to handle maximum vehicle loads and prevent
overloading. As notated by TAP in their petition submission, the actual
technical information (in this case, the appropriate tire pressure and
cargo carrying capacity value) is correct. However, the format of the
label (i.e., its coloring--either yellow text and black background or
black text with a yellow background surrounded by a red border--and
missing tire figure) was not that which is prescribed by Figure 1 in
FMVSS No. 110, S4.3. The combination of contrasting colors and the
figure representing a tire were placed on the tire and loading
information label in order to attract the attention of the consumer to
this important tire related information. In lieu of the fact that the
noncompliance is an incorrectly colored (formatted) tire pressure label
and a missing representation of an actual tire, NHTSA agrees with the
manufacturer that the subject noncompliance will not create a safety
risk to any person towing or using the subject trailer.
NHTSA's Decision
In consideration of the foregoing analysis, NHTSA finds that TAP
Worldwide has met its burden of persuasion that the subject FMVSS No.
110 noncompliance at issue is inconsequential to motor vehicle safety.
Accordingly, TAP's petition is hereby granted and TAP Worldwide 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
applies to the subject trailers that TAP no longer controlled at the
time it determined that the noncompliance existed. However, the
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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 trailers under their control after TAP 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. 2021-23649 Filed 10-29-21; 8:45 am]
BILLING CODE 4910-59-P
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