Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Notices 57173 

1Mack Trucks’ petition failed to include all of the 

necessary components of a petition pursuant to 49 

CFR 556.4. The petition described the 

noncompliance, but failed to include any reasoning 

for why the noncompliance is inconsequential to 

safety. A petition is required to: ‘‘Set forth all data, 

views, and arguments of the petitioner supporting 

[the] petition.’’ Id. § 556.4. Absent any reasoning, a 

petitioner cannot meet its burden of persuasion that 

a noncompliance is inconsequential to safety. Such 

an invalid petition does not require a response by 

the agency. Nevertheless, in this instance, the 

agency is publishing this notice to help ensure 

Mack Trucks and other petitioners are aware that 

a petition for inconsequentiality must be properly 

justified. In the future, the agency may reject such 

incomplete petitions without further consideration. 

• Nissan North America, Inc., Grant 

of Petition for Determination of 

Inconsequential Noncompliance; 85 FR 

39678 (July 1, 2020). 

• Kolcraft Enterprises, Inc., Grant of 

Application for Determination of 

Inconsequential Noncompliance; 63 FR 

24585 (May 4, 1998). 

PCA concludes by stating its belief 

that the subject noncompliances are 

inconsequential as they relate to motor 

vehicle safety and its petition to be 

exempted from providing notification of 

the noncompliances, as required by 49 

U.S.C. 30118, and a remedy for the 

noncompliances, as required by 49 

U.S.C. 30120, should be granted. 

On May 15, 2023, PCA submitted an 

addendum to its April 21, 2023, 

technical report. The technical report 

described testing that was in process 

and the addendum summarizes the 

completed testing and provides 

additional information concerning brake 

hoses that are affected by multiple 

noncompliances. PCA says that the 

completed testing supports the findings 

discussed in the prior technical reports. 

On June 2, 2023, Harley-Davidson 

submitted its second supplemental 

petition and a second supplemental 

technical report in support of its 

petition. Harley-Davidson summarizes 

additional vehicle and brake hose 

assembly testing that took place after its 

initial technical report which HarleyDavidson believes further supports the 

granting of its petition. Further, HarleyDavidson expanded on its prior review 

of NHTSA’s VOQ records, legal claims 

and suits, warranty data and customer 

contacts which it argues supports a 

determination of inconsequential 

noncompliance. In the second 

supplemental petition, Harley-Davidson 

adds that the Agency’s 2006 decision on 

a petition involving a noncompliance 

with FMVSS No. 213, Child Restraints, 

which Harley-Davidson believes 

‘‘highlight[s] the lack of direct 

correlation between the requirements 

for brake hose constriction and 

motorcycle safety in this specific 

vehicle application.’’ (See Grant of 

Petition for Determination of 

Inconsequential Noncompliance, 67 FR 

21798, May 1, 2002). 

VI. Prohibition on sale, offer for sale, 

introduction or delivery for introduction 

of noncompliant motor vehicle 

equipment and vehicles: 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 motorcycles and 

brake hose assemblies that the 

Petitioners no longer controlled at the 

time when the Petitioners determined 

that the noncompliances existed. 

However, any decision on these 

petitions does not relieve equipment 

and motorcycle distributors and dealers 

of the prohibitions on the sale, offer for 

sale, or introduction or delivery for 

introduction into interstate commerce of 

the noncompliant motorcycles and 

brake hose assemblies under their 

control. 

(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. 2023–18021 Filed 8–21–23; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2022–0113; Notice 2] 

Mack Trucks, Inc., Denial of Petition for 

Decision of Inconsequential 

Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Denial of petition. 

SUMMARY: Mack Trucks, Inc., (Mack 

Trucks), has determined that certain 

model year (MY) 2015–2023 Mack GU/ 

GR Class 8 trucks and truck-tractors do 

not fully comply with Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

108, Lamps, Reflective Devices, and 

Associated Equipment. Mack Trucks 

filed an original noncompliance report 

dated November 1, 2022, and amended 

the report on November 3, 2022. Mack 

Trucks petitioned NHTSA on November 

23, 2022, for a decision that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety. This 

document announces the denial of Mack 

Trucks’ petition. 

FOR FURTHER INFORMATION CONTACT: 

Leroy Angeles, Safety Compliance 

Engineer, Office of Vehicle Safety 

Compliance, NHTSA, (202) 366–5304. 

SUPPLEMENTARY INFORMATION: 

I. Overview: Mack Trucks determined 

that certain MY 2015–2023 Mack GU/ 

GR Class 8 trucks and truck-tractors do 

not fully comply with paragraph 

S6.4.3(a) and Table V-b of FMVSS No. 

108, Lamps, Reflective Devices, and 

Associated Equipment (49 CFR 

571.108). 

Mack Trucks filed an original 

noncompliance report dated November 

1, 2022, and amended the report on 

November 3, 2022, pursuant to 49 CFR 

part 573, Defect and Noncompliance 

Responsibility and Reports. Mack 

Trucks petitioned NHTSA on November 

23, 2022, 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.1

Notice of receipt of Mack Trucks’ 

petition was published with a 30-day 

public comment period, on January 17, 

2023, in the Federal Register (88 FR 

2759). No comments were received. To 

view the petition and all supporting 

documents log onto the Federal Docket 

Management System (FDMS) website at 

https://www.regulations.gov/. Then 

follow the online search instructions to 

locate docket number ‘‘NHTSA–2022– 

0113.’’ 

II. Vehicles Involved: Approximately 

27,544 MY 2015–2023 Mack GU/GR 

Class 8 trucks and truck-tractors, 

manufactured between September 1, 

2014, and September 30, 2022, are 

potentially involved: 

III. Noncompliance: Mack Trucks 

explains that the subject vehicles are 

equipped with turn signal lamps that do 

not meet the visibility requirement at all 

angles specified by S6.4.3(a) and Table 

V–b of FMVSS No. 108. Based upon 

different axle positions and frame 

extension configurations, the forward 

turn signals on specific vehicles are not 

compliant with the 45 degree inboard 

and/or 15 degree downward angle 

visibility requirement. 

IV. Rule Requirements: Paragraph 

S6.4.3 of FMVSS No. 108 includes the 

requirements relevant to this petition. A 

manufacturer is required to certify 

compliance of each lamp function to 


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57174 Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Notices 

one of two visibility requirement 

options: the lens area option or the 

luminous intensity option. The 

manufacturer may not thereafter choose 

a different option for that vehicle. 

V. Summary of Mack Trucks’ Petition: 

The following statements presented in 

this section, ‘‘V. Summary of Mack 

Trucks’ Petition,’’ are the statements 

provided by Mack Trucks. They do not 

reflect the views of the Agency. Mack 

Trucks describes the subject 

noncompliance and contends, without 

explanation, that the noncompliance is 

inconsequential as it relates to motor 

vehicle safety. 

Mack Trucks explains that after 

FMVSS No. 108 was updated in 2014, 

certain vehicle configurations were not 

updated accordingly which resulted in 

the subject vehicles being noncompliant 

with the taillamp signal visibility 

requirements provided in S6.4.3. Mack 

Trucks states that due to an unrelated 

engineering change, the subject 

noncompliance was identified. Mack 

Trucks found the subject vehicles did 

not meet the minimum unobstructed 

view requirement of 1,250 sq mm at all 

the required angles. The standard 

requires the unobstructed view to be 

met at all angles between the corner 

points, up to and including 15 degrees 

down and 45 degrees inboard toward 

the vehicle’s longitudinal centerline; 

however, for the GU and GR Axle Back 

models of the subject vehicles failed to 

meet the requirements past 15 degrees 

down and 37 degrees inboard angle. For 

the GU and GR Axle Forward and Axle 

Forward Extended Frame Rails models 

of the subject vehicles, Mack Trucks 

found that the subject vehicles failed to 

meet the requirements past 7 degrees 

down and 45 degrees inboard angle. 

Mack Trucks provides illustrations to 

show the noncompliances on the 

affected vehicle configurations. 

Mack Trucks concludes by stating its 

belief that the subject noncompliance is 

inconsequential to motor vehicle safety 

and its petition for relief from providing 

notice and remedy for the 

noncompliance be granted. Mack Trucks 

failed to include any reasoning for why 

the noncompliance was purportedly 

inconsequential to safety. 

VI. NHTSA’s Analysis: 

Mack Trucks did not provide any 

data, views, or arguments supporting its 

belief that this noncompliance is 

inconsequential to safety, as required by 

49 CFR 556.4. It is the petitioner’s 

burden to establish the 

inconsequentiality of a failure to comply 

with a FMVSS. FMVSS are adopted to 

‘‘meet the need for motor vehicle 

safety.’’ 49 U.S.C. 30111(a). ‘‘[M]otor 

vehicle safety’’ is ‘‘the performance of a 

motor vehicle or motor vehicle 

equipment in a way that protects the 

public against unreasonable risk of 

accidents occurring because of the 

design, construction, or performance of 

a motor vehicle, and against 

unreasonable risk of death or injury in 

an accident, and includes 

nonoperational safety of a motor 

vehicle.’’ 49 U.S.C. 30102(a)(9). Given 

the safety need for the FMVSS, an 

invalid petition that fails to provide 

justification that a specific 

noncompliance is inconsequential to 

motor vehicle safety need not be 

considered. Nevertheless, in this 

instance, the agency is publishing this 

notice to help ensure petitioners are 

aware of the requirement to provide ‘‘all 

data, views, and arguments of the 

petitioner supporting [the] petition.’’ 49 

CFR 556.4. Mack Trucks and other 

petitioners are on notice that the agency 

may reject incomplete petitions without 

further consideration and they must 

carry out their statutory recall 

obligations without delay. 

VII. NHTSA’s Decision: In 

consideration of the foregoing, NHTSA 

has decided that Mack Trucks has not 

met its burden of persuasion that the 

subject FMVSS No. 108 noncompliance 

is inconsequential to motor vehicle 

safety. Accordingly, Mack Trucks’ 

petition is hereby denied and Mack 

Trucks is consequently obligated to 

provide notification of and free remedy 

for that noncompliance under 49 U.S.C. 

30118 and 30120. 

(Authority: 49 U.S.C. 30118, 30120; 

delegations of authority at 49 CFR 1.95 and 

501.8.) 

Otto G. Matheke, III, 

Acting Associate Administrator for 

Enforcement. 

[FR Doc. 2023–18022 Filed 8–21–23; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

[OCC Charter Number 703519] 

Home Federal Savings and Loan 

Association of Grand Island, Grand 

Island, Nebraska; Approval of 

Conversion Application 

Notice is hereby given that on August 

14, 2023, the Office of the Comptroller 

of the Currency (OCC) approved the 

application of Home Federal Savings 

and Loan Association of Grand Island, 

Grand Island, Nebraska, to convert to 

the stock form of organization. Copies of 

the application are available on the OCC 

website at the FOIA Reading Room 

(https://foia-pal.occ.gov/palMain.aspx) 

under Mutual to Stock Conversion 

Applications. If you have any questions, 

please contact Licensing Activities at 

(202) 649–6260. 

(Authority: 12 CFR 192.205). 

Dated: August 14, 2023. 

By the Office of the Comptroller of the 

Currency. 

Stephen A. Lybarger, 

Deputy Comptroller for Licensing. 

[FR Doc. 2023–18006 Filed 8–21–23; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Notice of OFAC Sanctions Actions 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: The U.S. Department of the 

Treasury’s Office of Foreign Assets 

Control (OFAC) is publishing the names 

of one or more persons that have been 

placed on OFAC’s Specially Designated 

Nationals and Blocked Persons List 

(SDN List) based on OFAC’s 

determination that one or more 

applicable legal criteria were satisfied. 

All property and interests in property 

subject to U.S. jurisdiction of these 

persons are blocked, and U.S. persons 

are generally prohibited from engaging 

in transactions with them. 

DATES: See SUPPLEMENTARY INFORMATION

section for effective date. 

FOR FURTHER INFORMATION CONTACT: 

OFAC: Andrea Gacki, Director, tel.: 

202–622–2490; Associate Director for 

Global Targeting, tel.: 202–622–2420; 

Assistant Director for Licensing, tel.: 

202–622–2480; Assistant Director for 

Regulatory Affairs, tel.: 202–622–4855; 

or Assistant Director for Sanctions 

Enforcement, Compliance & Analysis, 

tel.: 202–622–2490. 

SUPPLEMENTARY INFORMATION: 

Electronic Availability 

The SDN List and additional 

information concerning OFAC sanctions 

programs are available on OFAC’s 

website (https://www.treasury.gov/ofac). 

Notice of OFAC Action(s) 

On August 16, 2023, OFAC 

determined that the property and 

interests in property subject to U.S. 

jurisdiction of the following persons are 

blocked under the relevant sanctions 

authority listed below. 

BILLING CODE 4810–AL–P 


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