[Federal Register: September 23, 2009 (Volume 74, Number 183)]
[Notices]
[Page 48624-48627]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23se09-131]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2009-0160]
Public Hearing To Determine Whether Transportation Collaborative,
Inc. (TCI) Has Met Notification and Remedy Requirements
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of public hearing.
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SUMMARY: NHTSA will hold a public hearing to gather information on
whether Transportation Collaborative, Inc. of Warwick, New York,
(``TCI'') has reasonably met its obligations under the National Traffic
and Motor Vehicle Safety Act, as amended, to notify owners, purchasers,
and dealers and/or remedy failures to comply with federal motor-vehicle
safety standards (FMVSS) or defects related to motor vehicle safety in
fifteen (15) recalls involving vehicles built by U.S. Bus, Inc. of
Suffern, New York (``U.S. Bus''). The proceeding may result in the
issuance of an order directing TCI to provide proper notification and/
or an effective remedy in one or more of the recalls.
DATES: The public hearing will be held beginning at 10 a.m. on Friday,
October 23, 2009 in Room 4 of the D.O.T. Conference Center, located at
1200 New Jersey Ave., SE., Washington, DC 20590. NHTSA recommends that
all persons attending the hearing arrive at least 45 minutes early in
order to facilitate entry into the Conference Center. If you wish to
attend or speak at the hearing, you must register in advance no later
than Tuesday, October 20, 2009, by following the instructions in the
PROCEDURAL MATTERS section of this notice. NHTSA will consider late
registrants to the extent time and space allows, but NHTSA cannot
ensure that late registrants will be able to attend or speak at the
hearing. To ensure that NHTSA has an opportunity to consider comments,
NHTSA must receive written comments by Tuesday, October 20, 2009.
ADDRESSES: You may submit comments to the docket number identified in
the heading of this document by any of the following methods:
Federal eRulemaking Portal: go to http://
www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 am and 5 pm Eastern
Time, Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Regardless of how you submit your comments, you should mention the
docket number of this document.
You may call the Docket at 202-366-9324.
Note that all comments received will be posted without change to
http://www.regulations.gov, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Zachary Dunlap, Office of Chief
Counsel, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC 20590; (202) 366-5263. Information
related to the recalls is available through NHTSA's Web site: http://
www.safercar.gov.
SUPPLEMENTARY INFORMATION: Pursuant to 49 U.S.C. 30118(e), 30120(e),
and 49 CFR 557.7, NHTSA's Administrator has decided that it is
necessary to schedule a public hearing to determine whether TCI
reasonably met notification and remedy requirements for noncompliant
and defective vehicles manufactured by U.S. Bus. TCI purchased U.S.
Bus' assets in an asset sale on or about November 1, 2007. Prior to
this sale, U.S. Bus filed at least fifteen (15) reports with NHTSA that
vehicles it manufactured failed to comply with applicable FMVSS or
contained safety defects. Since the date of the asset sale, neither
U.S. Bus nor TCI have taken any actions to remedy the defects and
noncompliances. According to current and former U.S. Bus officials,
U.S. Bus ceased operations on or about October 31, 2007 and no longer
manufactures buses. TCI and U.S. Bus have continuity of ownership,
management, personnel, assets, and general business operations. Based
on available information, the shareholders of both U.S. Bus and TCI--
Debra Bess Deutsch-Corr, Steven Marksohn, Jerome B. Marksohn, Bart
Marksohn, and Helena Marksohn--are the same.
A. Requirements Applicable to Recalls:
If a manufacturer of a motor vehicle learns that a vehicle contains
a defect and determines that the defect relates to motor-vehicle
safety, or determines that the vehicle does not comply with an
applicable motor vehicle safety standard, the manufacturer shall notify
the Secretary of Transportation and the owners, purchasers, and dealers
of the vehicle. 49 U.S.C. 30118(c). Notification shall be given within
a reasonable time after the manufacturer first decides that a safety-
related defect or non-compliance exists.
[[Page 48625]]
49 U.S.C. 30120(c)(2). After filing a notification with the Secretary
that a vehicle contains a defect or does not comply with an applicable
motor vehicle safety standard, the manufacturer shall file a copy of
the manufacturer's remedy program. 49 U.S.C. 30120(d). The manufacturer
is required to file quarterly reports that include information about
the implementation of the remedy plan. 49 U.S.C. 30120(d). The
Secretary's authority has been delegated to NHTSA. 49 CFR 1.50(a).
1. Defect and Noncompliance Information Report
49 CFR 573.6 specifies the information the manufacturer must
include in its Defect and Noncompliance Information Report, commonly
referred to as a Part 573 report, which notifies NHTSA of the existence
of a noncompliance with a FMVSS or a defect that relates to motor
vehicle safety. The manufacturer is required to report the estimated
date on which it will begin sending notifications to owners and to
dealers that there is a noncompliance or safety-related defect and that
a remedy without charge will be available to owners, and the estimated
date(s) on which it will complete such notifications. The manufacturer
is to describe its program for remedying the defect or non-compliance.
If a manufacturer subsequently becomes aware that either the beginning
or the completion dates reported to the agency for any of the
notifications will be delayed by more than two weeks, it shall promptly
advise the agency of the delay and the reasons therefor, and furnish a
revised estimate.
2. Notification
Under 49 CFR 577.5, the manufacturer of motor vehicles is required
to provide notice to owners and dealers when it determines that any
motor vehicle contains a noncompliance with a FMVSS or a defect that
relates to motor vehicle safety. The proposed owner notification letter
must be submitted to NHTSA's Recall Management Division no fewer then
five Federal Government business days before the manufacturer intends
to begin mailing it to owners.
This section also states the substantive requirements for the body
of the notice. In summary, it must include a statement of measures to
be taken to remedy the problem, without charge. Also to be included is
the earliest date on which the defect or noncompliance will be remedied
without charge. In the case of remedy by repair, this date shall be the
earliest date on which the manufacturer reasonably expects that dealers
or other service facilities will receive necessary parts and
instructions.
3. Time and Manner of Notification
49 CFR 577.7 requires the manufacturer to furnish the notification
required by 49 CFR 577.5 to owners and dealers within a reasonable time
after the manufacturer first decides that a noncompliance or defect
that relates to motor vehicle safety exists.
4. Quarterly Reports
49 CFR 573.7 requires that each manufacturer who is conducting a
noncompliance or defect notification campaign to submit on a quarterly
basis, a report to NHTSA containing certain information. Included in
this report is NHTSA's notification campaign number, the date
notification began and was completed, and the number of vehicles or
items of equipment involved in the notification campaign. The
manufacturer must provide the number of vehicles and equipment items
which have been inspected and repaired, the number of vehicles and
equipment items inspected and determined not to need repair, and the
number of vehicles or items of equipment determined to be unreachable
for inspection for any reason. Finally, the number of vehicles or items
or equipment in each category shall be specified.
This information must be included in a quarterly report with
respect to each notification campaign, for each of six consecutive
quarters beginning with the quarter in which the campaign was initiated
(i.e., the date of initial mailing of the defect or noncompliance
notification to owners) or corrective action has been completed on all
defective or non-complying vehicles or items of replacement equipment
involved in the campaign, whichever occurs first.
5. Requirement To Provide a Free Remedy
After notice is given, a manufacturer ``shall remedy the defect or
noncompliance without charge when the vehicle or equipment is presented
for remedy.'' 49 U.S.C. 30120(a)(1). A manufacturer can remedy one of
three ways: by repairing the vehicle; by replacing the vehicle with an
identical or reasonably equivalent vehicle; or, by refunding the
purchase price, less a reasonable allowance for depreciation. 49 U.S.C.
30120(a)(1)(A).
6. Public Hearing
As provided by 49 U.S.C. 30118(e), 30120(e), and 49 CFR 557.7,
NHTSA's Administrator can conduct a hearing to decide whether a
manufacturer has reasonably met its notification requirements or remedy
requirements. If the Administrator determines that the manufacturer has
not reasonably met his obligation to notify owners, purchasers, and
dealers of a safety-related defect or failure to comply with a FMVSS or
to remedy such defect or failure to comply, he can order the
manufacturer to take specified action to comply with the manufacturer's
obligation. In addition, the Administrator may take any action
authorized by the Act. 49 U.S.C. 30118(e), 30120(e), and 49 CFR 557.8.
A. U.S. Bus and TCI
U.S. Bus is a New York corporation that formerly manufactured
buses. From 2001 to 2007, U.S. Bus filed twenty-one (21) defect and
noncompliance information reports (``Part 573 Report'') with NHTSA
pursuant to 49 CFR 573.6. A number of the recall campaigns initiated by
U.S. Bus have not been completed. In some, owners, purchasers, and
dealers have not been provided notice. In a larger number of recalls,
many buses have not been repaired. By mid 2007, U.S. Bus had committed
to completing a number of recall and remedy campaigns that would
require substantial repairs. Around November 1, 2007, U.S. Bus notified
the Agency that it sold its assets to another corporation, TCI. TCI is
a New York corporation that manufactures buses, and does business under
the name, TransTech Bus or Trans-Tech Bus. The asset sale between TCI
and U.S. Bus occurred on or about November 1, 2007. After the sale,
NHTSA served Special Orders requesting information about the
outstanding recalls, the asset sale and the ownership, activities, and
management of both companies from TCI, U.S. Bus, and their management.
After reviewing this information, NHTSA has tentatively concluded that
TCI, as the successor of U.S. Bus, is legally responsible for
completing the notification or remedy campaigns for the outstanding
U.S. Bus recalls.
B. Affected Recalls
Fifteen (15) noncompliance or defect recalls initiated by U.S. Bus
remain incomplete. A list of the incomplete recalls is listed below.
NHTSA Recalls No. 01V-234 and 01V-235: Recall of 474
vehicles whose seat back impact barriers failed to meet the strength
requirements of FMVSS No. 222, school bus passenger seating and crash
protection, increasing the risk of occupant injury in a crash. U.S. Bus
reported that all owners had been
[[Page 48626]]
notified and 216 vehicles had been repaired.
NHTSA Recall No. 01V-281: Recall of 188 Model Year
(``MY'') 1998 through 2001 Sturdibus vehicles that failed to comply
with the body joint strength requirements of FMVSS No. 221, school bus
body joint strength, increasing the risk that the vehicle body panels
might separate in a crash. As of U.S. Bus' last official filing with
NHTSA in October 2007, U.S. Bus reported that all owners had been
notified but none of the vehicles had been remedied. In a subsequent
response from U.S. Bus, listed as being updated on November 19, 2007,
U.S. Bus reported that there were 171 affected vehicles, 165 of which
had been notified, and 74 had been inspected and remedied. U.S. Bus
also stated that ``[t]his recall is superceeded [sic] by Recall Number:
05V-375 Body Joint Strength,'' which is inaccurate.
NHTSA Recall No. 05V-255: Recall of 172 MY 2004 and 2005
model year Sturdibus and Universe vehicles whose seat back impact
barriers failed to meet the strength requirements of FMVSS No. 222,
school bus passenger seating and crash protection, increasing the risk
of occupant injury in a crash. As of August 2007, U.S. Bus reported
that it had notified all owners of these vehicles but had not performed
any repairs to remedy the condition cited in the recall. In a
subsequent response from U.S. Bus, listed as being updated on November
19, 2007, U.S. Bus reported that 154 affected owners were notified,
customer notification was complete, and that repairs were started. U.S.
Bus reported that it did not know how many parts shipments were sent.
U.S. Bus also reported that Norco Industries would be conducting the
recall.
NHTSA Recall No. 05V-257: Recall of 200 MY 2005 Sturdibus
vehicles whose windows failed to meet the retention requirements of
FMVSS 217, bus emergency exits and window retention and release,
increasing the risk that passengers could be ejected in a crash. As of
August 2007, U.S. Bus reported that there were 137 affected vehicles,
all owners had been notified and provided with repair kits. However, it
also reported that only 24 vehicles were known to have actually been
repaired. In a subsequent response from U.S. Bus, listed as being
updated on November 19, 2007, U.S. Bus reported that owners of 134 of
the 137 affected vehicles had been notified, and 44 vehicles had been
inspected and remedied. U.S. Bus reported 134 ``remedy parts kits
shipped.''
NHTSA Recall No. 05V-336: Recall of 38 vehicles equipped
with stop arms that may fail to extend in cold weather conditions. As
of April 2007, U.S. Bus reported that it had no information on
notification or remedy of this defect and contended that the
manufacturer of the stop arm was providing notice and remedy. In a
subsequent response from U.S. Bus, listed as being updated on November
19, 2007, U.S. Bus reported that the notification was ``complete,'' and
that Specialty Manufacturing, which made the stop arms, was determining
the recall status.
NHTSA Recall No. 05V-375: Recall of 137 MY 2005 Sturdibus
HD vehicles with body joints that failed to meet the strength
requirements of FMVSS No. 221, school bus body joint strength,
increasing the risk that body panels might separate in a crash. As of
August 2007, U.S. Bus reported that all owners had been notified,
provided with repair kits, and 24 vehicles had been repaired. In a
subsequent response from U.S. Bus, listed as being updated on November
19, 2007, U.S. Bus reported that owners of the 134 of the 137 affected
vehicles had been notified, and 44 vehicles had been inspected and
remedied. U.S. Bus also noted that ``[p]arts for Recall 01V-281 are to
be shipped as part of this recall.''
NHTSA Recall No. 06V-416: Recall of 4019 MY 1998-2006
Universe and Sturdibus vehicles manufactured with a mirror use label
applied in a position where it cannot be seen by a seated driver as
required by FMVSS No. 111, rearview mirrors. As of its last report to
NHTSA in October 2007, U.S. Bus identified 3694 affected owners and
inspected and remedied 1510 vehicles. In a subsequent response from
U.S. Bus, listed as being updated on November 19, 2007, U.S. Bus
reported that owners of 3694 of the 4019 affected vehicles had been
notified, and 2025 vehicles had been inspected and remedied.
NHTSA Recall No. 06V-443: Recall of 96 MY 2000-2006
Sturdibus vehicles built with seat back barriers that did not match the
contour of the seats on which they were installed, as required by FMVSS
No. 222, school bus passenger seating and crash protection, increasing
the risk that occupants might be injured in a crash. U.S. Bus reported
notifying all owners of this recall and reported shipping repair kits
to these owners. In a subsequent response from U.S. Bus, listed as
being updated on November 19, 2007, U.S. Bus reported that 96 remedy
parts kits were shipped and 5 vehicles were repaired. However, in the
same document, U.S. Bus reported that the parts are available for
shipping.
NHTSA Recall No. 07V-056: Recall of 122 MY 2005-2006
Universe and Sturdibus vehicles manufactured without the tire and
loading label required by FMVSS No. 110, tire selection and rims for
motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less,
or with the label applied incorrectly, increasing the risk that tires
might be overloaded or improperly inflated. U.S. Bus reported that all
owners of the affected vehicles were notified of this noncompliance and
25 of those vehicles had been remedied. In a subsequent response from
U.S. Bus, listed as being updated on November 19, 2007, U.S. Bus
reported that there were 129 affected vehicles. U.S. Bus also reported
mailing 129 notifications on October 27, 2007, and that 25 vehicles had
been reported to be remedied with repairs ``currently on-going and in-
process.''
NHTSA Recall No. 07V-069: Recall of 38 vehicles built
between 2003 and January 2007 equipped with 3-passenger C.E. White
Student Safety Seats. The buses have seat attachments that do not meet
the attachment strength requirements of FMVSS No. 210, seat belt
assembly anchorages. U.S. Bus reported to NHTSA that it notified owners
of this recall in May 2007, but the number of owners who were sent
these notices and the number of vehicles that were remedied is
presently unknown to NHTSA. In a subsequent response from U.S. Bus,
listed as being updated November 19, 2007, U.S. Bus reported that there
were 38 affected vehicles, and that it had not sent notifications to
owners. U.S. Bus also reported that the ``[f]inal [r]emedy for this
recall has not been finalized.''
NHTSA Recall 07V-155: Recall of 106 MY 2000-2006
Sturdibus, Sturdivan, and Universe vehicles equipped with Freedman
Family Seats. The buses have seat attachments and seat spacing that
does not meet the requirements of FMVSS No. 210, seat belt assembly
anchorages, and FMVSS No. 222, school bus passenger seating and crash
protection. U.S. Bus and TCI have not notified any owners of these
vehicles of this non-compliance and have not remedied any of the
vehicles involved. In a subsequent response from U.S. Bus, listed as
being updated on November 19, 2007, U.S. Bus reported that the repair
procedure was being written, and that it intended to file a revised 573
Notice.
NHTSA Recall 07V-167: Recall of 25 MY 2006 U.S. Bus
Sturdibus and Universe buses manufactured between January 6, 2006 and
September 6, 2006 with a Ricon lift. The inner barrier interlock switch
system in the lift baseplate could fail to detect the presence of a
passenger. A wheelchair could tip backwards onto the lift platform. In
U.S. Bus' response, listed as
[[Page 48627]]
being updated on November 19, 2007, U.S. Bus reported that the recall
was complete and that notifications were mailed on May 1, 2007. This
report is the only report NHTSA received from U.S. Bus in regard to
this recall.
NHTSA Recall 07V-223: Recall of 89 MY 2006-2007 model year
Sturdibus and Universe handicap accessible buses with a wheelchair lift
interlock module that may not lock the vehicle in park if the lift is
operated with low battery voltage. U.S. Bus and TCI have not notified
any owners of these vehicles of this non-compliance and have not
remedied any of the vehicles involved.
NHTSA Recall 07V-493: Recall of 137 MY 2007 US Bus
Sturdibus School or Activity buses built on the GMT 610 Chevrolet
Express Chassis, manufactured between September 1, 2006 and September
30, 2007. The buses failed to conform with FMVSS No. 108, lamps,
reflected devices, and associated equipment. When the brakes are
applied, the stop lamps will illuminate. When the brake pedal is
released, the stop lamps are no longer illuminated but the rear brakes
may still be applied. The brake may release after a few seconds or
after the next firm brake pedal application. GM Dealers will reprogram
the anti-lock brake system module. GM's recall began on October 17,
2007. In U.S. Bus' response, listed as being updated on November 19,
2007, U.S. Bus reported that information from GM had been collected and
contact information for end users was being researched. U.S. Bus did
not send out notifications.
NHTSA will conduct the public hearing to determine whether TCI
reasonably met its obligations under the notification requirements of
49 U.S.C. 30118-30119 and the remedy requirements of 49 U.S.C. 30120.
In the event NHTSA determines that TCI is obligated to complete the
notification and/or remedy campaigns, it will order TCI to take actions
to provide proper notification and/or effective remedies.
Procedural Matters: Interested persons are invited to participate
in this proceeding through written and/or oral presentations. Persons
wishing to make oral presentations must notify Carla Taylor, National
Highway Traffic Safety Administration, W41-202, 1200 New Jersey Avenue,
SE., Washington, DC 20590; Telephone: (202) 366-5263, or by fax at
(202) 366-3820, before the close of business on Tuesday, October 20,
2009. The notifications should specify the amount of time that the
presentation is expected to last, and shall include the presenter's
name, organizational affiliation, phone number, and e-mail address. The
agency will prepare a schedule of presentations. Depending upon the
number of persons who wish to make oral presentations, and the
anticipated length of those presentations, the agency may add an
additional day or days to the hearing and may limit the length of oral
presentations.
The hearing will be held at a site accessible to individuals with
disabilities. Individuals who require accommodations, such as sign
language interpreters, should contact Mr. Zachary Dunlap using the
contact information in the FOR FURTHER INFORMATION CONTACT section
above no later than Friday, October 9, 2009. A transcript of the
hearing and information received by NHTSA at the hearing will be placed
in the docket for this notice at a later date.
Persons who wish to file written comments should submit them so
that they are received by NHTSA no later than Tuesday, October 20,
2009. Instructions on how to submit written comments to the docket is
located under the ADDRESSES section of this notice.
Authority: 49 U.S.C. 30118(e), 30120 (e); 49 CFR 557.7;
delegations of authority at 49 CFR 1.50(a), 49 CFR 501.4(a)(3), and
49 CFR 501.8.
Issued: September 18, 2009.
Ronald L. Medford,
Acting Deputy Administrator.
[FR Doc. E9-22954 Filed 9-22-09; 8:45 am]
BILLING CODE 4910-59-P