80 FR 50069 - Mack Trucks, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 159 (August 18, 2015)

Page Range		50069-50070
FR Document		2015-20310

Mack Trucks, Inc. (Mack), has determined that certain model year (MY) 2014-2016 Mack LEU model incomplete vehicles do not fully comply with paragraphs S5.3.3 and S5.3.4 of Federal Motor Vehicle Safety Standard (FMVSS) No. 121, Air Brake Systems. Mack has filed an appropriate report dated April 27, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

Federal Register, Volume 80 Issue 159 (Tuesday, August 18, 2015)

[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50069-50070]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-20310]

[[Page 50069]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0054; Notice 1]

Mack Trucks, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: Mack Trucks, Inc. (Mack), has determined that certain model
year (MY) 2014-2016 Mack LEU model incomplete vehicles do not fully
comply with paragraphs S5.3.3 and S5.3.4 of Federal Motor Vehicle
Safety Standard (FMVSS) No. 121, Air Brake Systems. Mack has filed an
appropriate report dated April 27, 2015, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is September 17,
2015.

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 at the beginning of this notice and
submitted by any of the following methods:
Mail: Send comments by mail addressed to: 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 Deliver: Deliver comments by hand to: 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
Federal Holidays.
Electronically: Submit comments electronically by: Logging
onto the Federal Docket Management System (FDMS) Web site at http://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 your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.

SUPPLEMENTARY INFORMATION:
I. Mack's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h)
(see implementing rule at 49 CFR part 556), Mack submitted a petition
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential to motor vehicle safety. After reviewing the petition,
NHTSA requested additional information from Mack by letter dated July
9, 2015. In response to that letter, Mack provided supplemental
information by letter dated July 17, 2015. Copies of NHTSA's request
and Mack's response are available from the petition docket.
This notice of receipt of Mack'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. Vehicles Involved: Affected are approximately 1,977 MY 2014-
2016 Mack LEU model incomplete vehicles manufactured between July 22,
2013 and April 20, 2015.
III. Noncompliance: Mack explains that the noncompliance is that
the brake actuation and release times slightly (by milliseconds) exceed
the requirements as specified in paragraphs S5.3.3 and S5.3.4 of FMVSS
No. 121.
IV. Rule Text: Paragraph S5.3.3 of FMVSS No. 121 requires in
pertinent part:

S5.3.3 Brake Actuation time. Each service brake system shall
meet the requirements of S5.3.3.1(a) and (b) . . .
S5.3.3.1(a) With an initial service reservoir system air
pressure of 100 psi, the air pressure in each brake chamber shall,
when measured from the first movement of the service brake control,
reach 60 psi in not more than 0.45 second in the case of trucks and
buses, . . .

Paragraph S5.3.4 of FMVSS No. 121 requires in pertinent part:

S5.3.4 Brake Release time. Each service brake system shall meet
the requirements of S5.3.4.1(a) and (b) . . .
S5.3.4.1(a) With an initial service brake chamber air pressure
of 95 psi, the air pressure in each brake chamber shall, when
measured from the first movements of the service brake control, fall
to 5 psi in not more than 0.55 second in the case of trucks and
buses, . . .

V. Summary of Mack's Analyses: Mack stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:
(A) Mack conducted pneumatic brake timings tests on a test vehicle
representative of the affected population to show the results compared
to the requirement. The test vehicle was configured similar to a dual-
drive (or twin steer) residential garbage truck equipped with left-hand
and right-hand steering and brake controls. Tests were conducted on
each axle, separately, using the left-hand brake control and then, the
right hand brake control.
Mack's data indicate that, on average, steer axle pneumatic brake
actuation times exceed the requirement by 0.04 seconds, steer axle
pneumatic brake release times, on average, exceed the requirement by
0.09 seconds, and drive axle brake timing results indicate compliance
with the safety standard's requirement.
Mack stated that a change in brake chamber size from type 24 to
type 30, which occurred in 2013 production, may have caused the
noncompliance.
(B) Mack conducted additional brake timing and dynamic performance
tests to evaluate how this noncompliance affects overall brake
performance. The tests were performed by an independent testing and
evaluation company, Link Commercial Vehicle Testing (Link) located in
East Liberty, Ohio. According to Mack, the results of these tests
clearly show that the trucks that are affected by the subject
noncompliance are compliant with the brake stopping distance
requirements. Mack provided a chart to illustrate the stopping distance
test results. (Detailed results from the tests provided by Mack are
available from the docket for this petition).
(C) Mack stated that LEU's are used almost exclusively in
residential garbage collection service. Because of that, Mack

[[Page 50070]]

says there are no concerned vehicles that tow air-braked trailers and
that compatibility with other air brake vehicles is also not cause for
concern.
(D) Mack also stated that brake release timing has been the subject
of previous petitions that it believes are similar to its petition and
were granted by NHTSA.
Mack has additionally informed NHTSA that it is correcting the
noncompliance so that all future production of the subject trucks will
fully comply with FMVSS No. 121.
In summation, Mack believes that the described noncompliance of the
subject trucks is inconsequential to motor vehicle safety, and that its
petition, to exempt Mack from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
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 incomplete vehicles that Mack
no longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
equipment distributors and dealers of the prohibitions on the sale,
offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant incomplete vehicles under their
control after Mack 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).

Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-20310 Filed 8-17-15; 8:45 am]
BILLING CODE 4910-59-P

50070 Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices

says there are no concerned vehicles DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT:
that tow air-braked trailers and that Steven Andrews or T. Glenn Foster,
compatibility with other air brake Pipeline and Hazardous Materials Standards and Rulemaking Division
vehicles is also not cause for concern. Safety Administration (PHH–12), U.S. Department of
(D) Mack also stated that brake release [Docket No. PHMSA–2014–0098; Notice No. Transportation, Pipeline and Hazardous
15–15] Materials Safety Administration, 1200
timing has been the subject of previous
New Jersey Avenue SE., East Building,
petitions that it believes are similar to Hazardous Materials: Information 2nd Floor, Washington, DC 20590–0001,
its petition and were granted by Collection Activities Telephone (202) 366–8553.
NHTSA.
AGENCY: Pipeline and Hazardous SUPPLEMENTARY INFORMATION: Section
Mack has additionally informed 1320.8 (d), Title 5, Code of Federal
Materials Safety Administration
NHTSA that it is correcting the Regulations requires Federal agencies to
(PHMSA), Department of Transportation
noncompliance so that all future provide interested members of the
(DOT).
production of the subject trucks will public and affected agencies an
ACTION: Notice and request for
fully comply with FMVSS No. 121. opportunity to comment on information
comments.
In summation, Mack believes that the collection and recordkeeping requests.
described noncompliance of the subject SUMMARY: In accordance with the This notice identifies information
trucks is inconsequential to motor Paperwork Reduction Act of 1995, this collection requests that PHMSA will be
vehicle safety, and that its petition, to notice announces that the Information submitting to OMB for renewal and
exempt Mack from providing recall Collection Requests (ICRs) discussed extension. These information
below will be forwarded to the Office of collections are contained in 49 CFR
notification of noncompliance as
Management and Budget (OMB) for parts 172, 173, 174, 175, 176, and 177
required by 49 U.S.C. 30118 and
renewal and extension. These ICRs of the Hazardous Materials Regulations
remedying the recall noncompliance as describe the nature of the information (HMR; 49 CFR parts 171–180). PHMSA
required by 49 U.S.C. 30120 should be collections and their expected burdens. has revised burden estimates, where
granted. A Federal Register notice with a 60-day appropriate, to reflect current reporting
NHTSA notes that the statutory comment period soliciting comments on levels or adjustments based on changes
provisions (49 U.S.C. 30118(d) and these ICRs was published in the Federal in proposed or final rules published
30120(h)) that permit manufacturers to Register on April 29, 2015 [80 FR since the information collections were
file petitions for a determination of 23582] under Docket No. PHMSA– last approved. The following
inconsequentiality allow NHTSA to 2015–0098 (Notice No. 15–8). PHMSA information is provided for each
exempt manufacturers only from the did not receive any comments in information collection: (1) Title of the
duties found in sections 30118 and response to the April 29, 2015 notice. information collection, including former
30120, respectively, to notify owners, DATES: Interested persons are invited to title if a change is being made; (2) OMB
purchasers, and dealers of a defect or submit comments on, or before Control Number; (3) abstract of the
noncompliance and to remedy the September 17, 2015. information collection activity; (4)
defect or noncompliance. Therefore, any ADDRESSES: Send comments regarding description of affected persons; (5)
decision on this petition only applies to the burden estimate, including estimate of total annual reporting and
the subject incomplete vehicles that suggestions for reducing the burden, by recordkeeping burden; and (6)
Mack no longer controlled at the time it mail to the Office of Information and frequency of collection. PHMSA will
Regulatory Affairs, Office of request a three-year term of approval for
determined that the noncompliance
Management and Budget, Attention: each information collection activity and,
existed. However, any decision on this
Desk Officer for DOT–PHMSA, 725 17th when approved by OMB, publish notice
petition does not relieve equipment
Street NW., Washington, DC 20503, by of the approvals in the Federal Register.
distributors and dealers of the PHMSA requests comments on the
fax, 202–395–5806, or by email, to
prohibitions on the sale, offer for sale, following information collections:
OIRA_Submission@omb.eop.gov.
or introduction or delivery for Title: Hazardous Materials Shipping
Comments should refer to the
introduction into interstate commerce of Papers and Emergency Response
information collection by title and/or
the noncompliant incomplete vehicles OMB Control Number. Information.
under their control after Mack notified We invite comments on: (1) Whether OMB Control Number: 2137–0034.
them that the subject noncompliance the proposed collection of information Summary: This information collection
existed. is necessary for the proper performance is for the requirement to provide a
Authority: (49 U.S.C. 30118, 30120: of the functions of the Department, shipping paper and emergency response
delegations of authority at 49 CFR 1.95 and including whether the information will information with shipments of
501.8). have practical utility; (2) the accuracy of hazardous materials. Shipping papers
the Department’s estimate of the burden are considered to be a basic
Jeffrey Giuseppe, of the proposed information collection; communication tool relative to the
Director, Office of Vehicle Safety Compliance. (3) ways to enhance the quality, utility, transportation of hazardous materials.
[FR Doc. 2015–20310 Filed 8–17–15; 8:45 am] and clarity of the information to be The definition of a shipping paper in 49
collected; and (4) ways to minimize the CFR 171.8 includes a shipping order,
asabaliauskas on DSK5VPTVN1PROD with NOTICES

BILLING CODE 4910–59–P
burden of the collection of information bill of lading, manifest, or other
on respondents, including the use of shipping document serving a similar
automated collection techniques or purpose and containing the information
other forms of information technology. required by §§ 172.202, 172.203, and
Docket: For access to the dockets to 172.204 of the HMR. A shipping paper
read background documents or with emergency response information
comments received, go to http:// must accompany most hazardous
www.regulations.gov. materials shipments and be readily

VerDate Sep<11>2014 17:02 Aug 17, 2015 Jkt 235001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\18AUN1.SGM 18AUN1

Document Created: 2015-12-15 12:04:56
Document Modified: 2015-12-15 12:04:56

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Receipt of petition.
Dates		The closing date for comments on the petition is September 17, 2015.
FR Citation		80 FR 50069

80 FR 50069 - Mack Trucks, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 80, Issue 159 (August 18, 2015)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration