81 FR 3861 - Van Hool N.V., Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 14 (January 22, 2016)

Page Range		3861-3862
FR Document		2016-01168

Van Hool N.V. (Van Hool), has determined that certain model year (MY) 2015-2016 Van Hool Double Deck buses do not fully comply with paragraph S5.3.4 of Federal Motor Vehicle Safety Standard (FMVSS) No. 121, Air Brake Systems. Van Hool filed a report dated November 6, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Van Hool then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety.

Federal Register, Volume 81 Issue 14 (Friday, January 22, 2016)

[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Pages 3861-3862]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-01168]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0122; Notice 1]

Van Hool N.V., Receipt of Petition for Decision of
Inconsequential Noncompliance

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

ACTION: Receipt of petition.

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SUMMARY: Van Hool N.V. (Van Hool), has determined that certain model
year (MY) 2015-2016 Van Hool Double Deck buses do not fully comply with
paragraph S5.3.4 of Federal Motor Vehicle Safety Standard (FMVSS) No.
121, Air Brake Systems. Van Hool filed a report dated November 6, 2015,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. Van Hool then petitioned NHTSA under 49 CFR part 556
requesting a decision that the subject noncompliance is inconsequential
to motor vehicle safety.

DATES: The closing date for comments on the petition is February 22,
2016.

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: 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 comments you have 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 http://www.regulations.gov, including any personal information
provided.
The petition, supporting materials, and all comments 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 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 documents 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 http://www.regulations.gov by following the online
instructions for accessing the dockets. The docket ID number for this
petition is shown at the heading of this notice.
DOT's complete Privacy Act Statement is available for review in the
Federal Register published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:

I. Overview

Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Van Hool 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.
This notice of receipt of Van Hool'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 48 MY 2015-2016 Van Hool Double Deck
buses that were manufactured between December 13, 2014 and October 22,
2015.

III. Noncompliance

Van Hool explains that the noncompliance is that brake release
times slightly exceed the requirements as specified in paragraph S5.3.4
of FMVSS No. 121.

IV. Rule Text

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 S5.3.1 (a) through (b) . . .

V. Summary of Van Hool's Petition

Van Hool described the subject noncompliance and stated its belief
that the noncompliance is inconsequential to motor vehicle safety based
on the following reasoning:
(1) Based on the results of testing that Van Hool conducted on some
of the affected buses, it determined that the brake release times, on
average,

[[Page 3862]]

exceeded the FMVSS No. 121 requirement by only 0.03 of a second on the
front axle, by 0.05 of as second on the tag axle, and by 0.10 of a
second on the drive axle.
(2) Van Hool determined that this noncompliance may be due to the
change of fitting for this type of vehicle. These new fittings for the
Double Deck buses were introduced in production in September 2014. The
classic brass couplings were replaced with push-in tube connections
made of composite material to remedy certain complaints of air loss.
The effect of minimal loss of internal air flow was misjudged, which
caused the brake release time to exceed the requirements.
However, Van Hool believes that there is no safety issue, nor
unnecessary brake drag during acceleration after brake release due to
the reaction time of the driver (moving foot from brake pedal to
throttle pedal) and the reaction time of the complete driveline being
longer than the brake release time.
(3) Van Hool stated its belief that because the brake actuation
time on the subject buses fulfilled the requirements as specified in
paragraph S5.3.3 of FMVSS No. 121, that the noncompliance has no effect
on the brake performance. Van Hool found that its testing showed a
margin on the required brake actuation time of 11% for the front axle,
20% for the drive axle and 17% for the tag axle. For this reason Van
Hool is convinced that the noncompliance will not show significant
differences in dynamic brake test and will have no influence on the
motor vehicle safety. Thus, Van Hool did not repeat the dynamic brake
test. Also, the dynamic brake test was not repeated on any of the
subject vehicles because Van Hool's dynamic brake test showed a minimum
25% margin for the brake stopping distance requirement.
(4) Van Hool made reference to previous inconsequential
noncompliance petitions that it believes are similar to its petition
and that were granted by NHTSA.
Van Hool additionally informed NHTSA that the noncompliance has
been corrected on vehicles in subsequent production and that all future
vehicles will be in full compliance with FMVSS No. 121.
In summation, Van Hool believes that the described noncompliances
are inconsequential to motor vehicle safety, and that its petition, to
exempt Van Hool from providing recall notification of noncompliances 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 buses that Van Hool 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 buses under their control after Van Hool
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 M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-01168 Filed 1-21-16; 8:45 am]
BILLING CODE 4910-59-P

3862 Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices

exceeded the FMVSS No. 121 NHTSA notes that the statutory 273–9026; or email to http://
requirement by only 0.03 of a second on provisions (49 U.S.C. 30118(d) and www.Regulations.gov. All comments
the front axle, by 0.05 of as second on 30120(h)) that permit manufacturers to received will be available for public
the tag axle, and by 0.10 of a second on file petitions for a determination of inspection in the Office of Regulation
the drive axle. inconsequentiality allow NHTSA to Policy and Management, Room 1063B,
(2) Van Hool determined that this exempt manufacturers only from the between the hours of 8:00 a.m. and 4:30
noncompliance may be due to the duties found in sections 30118 and p.m., Monday through Friday (except
change of fitting for this type of vehicle. 30120, respectively, to notify owners, holidays). Please call (202) 461–4902
These new fittings for the Double Deck purchasers, and dealers of a defect or (this is not a toll-free number) for an
buses were introduced in production in noncompliance and to remedy the appointment.
September 2014. The classic brass defect or noncompliance. Therefore, any FOR FURTHER INFORMATION CONTACT:
couplings were replaced with push-in decision on this petition only applies to Andrea Birkland, Chief, Systems Access
tube connections made of composite the subject buses that Van Hool no Management, Enterprise Operations,
material to remedy certain complaints of longer controlled at the time it Department of Veterans Affairs, 1615
air loss. The effect of minimal loss of determined that the noncompliance Woodward Street, Austin, Texas 78772,
internal air flow was misjudged, which existed. However, any decision on this telephone (512) 326–6394.
caused the brake release time to exceed petition does not relieve equipment
SUPPLEMENTARY INFORMATION: The
the requirements. distributors and dealers of the
Department is proposing to amend its
However, Van Hool believes that there prohibitions on the sale, offer for sale,
system of records entitled ‘‘Customer
is no safety issue, nor unnecessary brake or introduction or delivery for
User Provisioning System (CUPS)’’ by
drag during acceleration after brake introduction into interstate commerce of
updating the system manager and
release due to the reaction time of the the noncompliant buses under their
address to Deputy Director, Security
driver (moving foot from brake pedal to control after Van Hool notified them
Systems, 1615 Woodward Street,
throttle pedal) and the reaction time of that the subject noncompliance existed.
Austin, Texas 78772. The telephone
the complete driveline being longer than Authority: 49 U.S.C. 30118, 30120: number is (512) 326–6021; updating the
the brake release time. Delegations of authority at 49 CFR 1.95 and system location name from Corporate
(3) Van Hool stated its belief that 501.8.
Data Center Operations (CDCO) to
because the brake actuation time on the Jeffrey M. Giuseppe, Enterprise Operations (EO); and
subject buses fulfilled the requirements changing the information contact to
Director, Office of Vehicle Safety Compliance.
as specified in paragraph S5.3.3 of Andrea Birkland, Chief, Systems Access
[FR Doc. 2016–01168 Filed 1–21–16; 8:45 am]
FMVSS No. 121, that the Management, Department of Veterans
noncompliance has no effect on the BILLING CODE 4910–59–P
Affairs, 1615 Woodward Street, Austin,
brake performance. Van Hool found that Texas 78772, telephone (512) 326–6394.
its testing showed a margin on the
required brake actuation time of 11% for DEPARTMENT OF VETERANS Signing Authority
the front axle, 20% for the drive axle AFFAIRS The Secretary of Veterans Affairs, or
and 17% for the tag axle. For this reason designee, approved this document and
Van Hool is convinced that the Privacy Act of 1974; System of
Records authorized the undersigned to sign and
noncompliance will not show submit the document to the Office of the
significant differences in dynamic brake AGENCY: Department of Veterans Affairs Federal Register for publication
test and will have no influence on the (VA). electronically as an official document of
motor vehicle safety. Thus, Van Hool ACTION:Notice of Amendment to the Department of Veterans Affairs.
did not repeat the dynamic brake test. Systems of Records. Robert L. Nabors II, Chief of Staff,
Also, the dynamic brake test was not approved this document on January 11,
repeated on any of the subject vehicles SUMMARY: As required by the Privacy 2016, for publication.
because Van Hool’s dynamic brake test Act of 1974 (5 U.S.C. 552a(e)(4)), notice
is hereby given that the Department of Dated: January 12, 2016.
showed a minimum 25% margin for the
brake stopping distance requirement. Veterans Affairs (VA) is amending the Kathleen M. Manwell,
(4) Van Hool made reference to system of records entitled ‘‘Customer Program Analyst, VA Privacy Service, Office
User Provisioning System (CUPS)-VA’’ of Privacy and Records Management,
previous inconsequential
(87VA005OP). VA is re-publishing the Department of Veterans Affairs.
noncompliance petitions that it believes
are similar to its petition and that were system notice in its entirety. 87VA005OP
granted by NHTSA. DATES: Comments on this new system of
records must be received no later than SYSTEM NAME:
Van Hool additionally informed
NHTSA that the noncompliance has February 22, 2016. If no public Customer User Provisioning System
been corrected on vehicles in comment is received during the period (CUPS)-VA.
subsequent production and that all allowed for comment or unless SYSTEM LOCATION:
future vehicles will be in full otherwise published in the Federal
The automated records are
compliance with FMVSS No. 121. Register by VA, the new system will
maintained by the Enterprise Operations
In summation, Van Hool believes that become effective February 22, 2016.
(EO), 1615 Woodward Street, Austin,
mstockstill on DSK4VPTVN1PROD with NOTICES

the described noncompliances are ADDRESSES: Written comments
TX 78772. The paper records will be
inconsequential to motor vehicle safety, concerning the proposed amended maintained at each VA field station that
and that its petition, to exempt Van system of records may be submitted by: has a responsibility for CUPS input.
Hool from providing recall notification mail or hand-delivery to Director,
of noncompliances as required by 49 Regulations Management (02REG), CATEGORIES OF INDIVIDUALS COVERED BY THE
U.S.C. 30118 and remedying the recall Department of Veterans Affairs, 810 SYSTEM:
noncompliance as required by 49 U.S.C. Vermont Avenue NW., Room 1068, All Department of Veterans Affairs
30120 should be granted. Washington, DC 20420; fax to (202) employees, employees of other

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Document Created: 2016-01-22 01:16:37
Document Modified: 2016-01-22 01:16:37

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 February 22, 2016.
FR Citation		81 FR 3861

81 FR 3861 - Van Hool N.V., Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 81, Issue 14 (January 22, 2016)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration