Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 36577 

option, the information specified in S4.3 

(c), (d), and, as appropriate, (h) and (i) 

may be shown, alternatively to being 

shown on the placard, on a tire inflation 

pressure label which must conform in 

color and format, not including the 

border surrounding the entire label, as 

shown in the example set forth in Figure 

2 in this standard. 

V. Summary of MNA’s Petition 

The following views and arguments 

presented in this section, ‘‘V. Summary 

of MNA’s Petition,’’ are the views and 

arguments provided by MNA. They 

have not been evaluated by the Agency 

and do not reflect the views of the 

Agency. MNA describes the subject 

noncompliance and contends that the 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

In support of its petition, MNA 

submitted the following reasoning: 

1. The incorrect pressure values are 

all within the range of acceptable tire 

inflation and would not cause a Tire 

Pressure Monitoring System (‘‘TPMS’’) 

alert. 

a. The affected Maserati Levante 

vehicles are compliant with FMVSS No. 

138. 

b. Consistent with FMVSS No. 138, 

the TPMS illuminates at equal to or less 

than the pressure 25 percent below the 

correct vehicle manufacturer’s 

recommended cold inflation pressure. 

The TPMS warning telltale will 

illuminate prior to the tire pressure 

dropping to the range of 24.7–27 PSI on 

the affected Maserati Levante vehicles, 

which is significantly above the 23.2 PSI 

requirement called out, and tested to, in 

FMVSS No. 139 (discussed below). 

c. Maserati believes the warning 

provided by the TPMS will give drivers 

ample time to check and inflate tires 

well before low tire inflation becomes a 

safety concern. 

2. The subject tires passed a lowinflation-pressure performance test. 

a. The affected Maserati Levante 

vehicles are equipped with tires that are 

compliant with FMVSS No. 139. 

b. Tire manufacturers are required to 

certify the tires meet all applicable 

requirements of FMVSS No. 139. 

c. FMVSS No. 139 specifies a lowinflation-pressure performance test in 

which the tire is loaded to its maximum 

tire load capacity and inflated to only 

160 kPa (23.2 PSI), significantly less 

than the TPMS telltale activation 

pressure for the subject Maserati 

Levante vehicles. In order to pass this 

test, the tires are loaded to 100 percent 

of the tire’s maximum load-carrying 

capacity and then run on a test axle for 

1.5 hours at 23.2 PSI. 

3. MNA is not aware of any crashes, 

injuries, or customer complaints 

associated with this condition. 

4. NHTSA has previously granted 

inconsequential treatment for FMVSS 

No. 110 noncompliance for incorrect 

vehicle placard values; see examples 

below: 

a. General Motors, LLC, 83 FR 24162 

(May 24, 2018); 

b. Volkswagen Group of America, 

Inc., 81 FR 38772 (June 14, 2016); and 

c. Mercedes-Benz USA, LLC, 82 FR 

17515 (April 11, 2017). 

MNA 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 vehicles that MNA 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 vehicles under their 

control after MNA 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. 2022–13081 Filed 6–16–22; 8:45 am] 

BILLING CODE 4910–59–P 

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. 

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 


lotter on DSK11XQN23PROD with NOTICES1
36578 Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 

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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 36579 

1See 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). 

2See 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)). 

3See Cosco Inc.; Denial of Application of 

Inconsequential Noncompliance, 64 FR 29408 (Jun. 

1, 1999). 

4See Chrysler Group, LLC, Grant of Petition for 

Decision of Inconsequential Noncompliance; 81 FR 

30607 (May 17, 2016). 

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

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

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 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0037; Notice 1] 

BMW of North America, LLC, Receipt 

of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Receipt of petition. 

SUMMARY: BMW of North America, LLC, 

a subsidiary of BMW AG, Munich, 

Germany, (collectively ‘‘BMW’’), has 

determined that certain Model Year 

(MY) 2018–2021 BMW K 1600 

motorcycles do not fully comply with 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 123, Motorcycle Controls 

and Displays. BMW filed an original 

noncompliance report dated March 18, 

2021, and, subsequently, BMW 

petitioned NHTSA on April 9, 2021, for 

a decision that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety. This 

notice announces receipt of BMW’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. 


lotter on DSK11XQN23PROD with NOTICES1