81 FR 78259 - Daimler Trucks North America, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 215 (November 7, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 215 (November 7, 2016)
| Page Range | 78259-78261 | |
| FR Document | 2016-26764 |
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)] [Notices] [Pages 78259-78261] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26764] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2016-0103; Notice 1] Daimler Trucks North America, Receipt of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. ----------------------------------------------------------------------- SUMMARY: Daimler Trucks North America (DTNA), has determined that certain model year (MY) 2016-2017 Freightliner and Western Star trucks do not fully comply with Table 2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. DTNA filed a report dated September 22, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DTNA also petitioned NHTSA on September 22, 2016, under 49 CFR part 556 for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. DATES: The closing date for comments on the petition is December 7, 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 Delivery: 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 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 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 dockets. 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). SUPPLEMENTARY INFORMATION: I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h), 49 CFR part 556, DTNA 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 as it relates to motor vehicle safety. This notice of receipt of DTNA'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 36,959 MY 2016- 2017 versions of the following trucks, manufactured between September 28, 2015 and July 30, 2016: Freightliner Cascadia Freightliner 122SD Freightliner Coronado [[Page 78260]] Western Star 5700 III. Noncompliance: DTNA explains that the noncompliance is that the Low Brake Air Pressure telltale for air brake systems displays the word ``BRAKE'' and a red International Standards Organization (ISO) symbol for brake malfunction when a low air brake pressure condition exists, rather than the words ``BRAKE AIR,'' as specified in Table 2 of FMVSS No. 101. DTNA states that the telltale is accompanied by an audible alert and low pressure gauge reading. IV. Rule Text: Paragraph S5 of FMVSS No. 101 provides: ``Each passenger car, multipurpose passenger vehicle, truck and bus that is fitted with a control, a telltale, or an indicator listed in Table 1 or Table 2 must meet the requirements of this standard for the location, identification, color, and illumination of that control, telltale or indicator.'' Paragraph S5.2.1 of FMVSS No. 101 provides, in pertinent part: ``. . . each control, telltale and indicator that is listed in column 1 and 2 of Table 1 or Table 2 must be identified by the symbol specified for it in column 2 or the word or abbreviation specified for it in column 3 of Table 1 or Table 2.'' Table 2 appears as follows: BILLING CODE 4910-59-P [GRAPHIC] [TIFF OMITTED] TN07NO16.001 BILLING CODE 4910-59-C V. Summary of DTNA's Petition: DTNA described the subject noncompliance and stated its belief that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, DTNA submitted the following reasoning: (a) DTNA notes that the purpose of the low brake air pressure telltale is to alert the driver to a low air condition, consistent with the requirements of FMVSS No. 121, S5.1.5 (warning signal). The word ``BRAKE'' instead of ``BRAKE AIR,'' together with the audible alert that occurs in the subject vehicles would still alert the driver to an issue with the brake system. Once alerted, the driver can check the actual air pressure by reading the primary and secondary air gauges and seeing the contrasting color on the gauges indicating low pressure. [[Page 78261]] (b) NHTSA stated in a 2005 FMVSS No. 101 rulemaking that the reason for including vehicles over 10,000 pounds in the requirements of FMVSS No. 101 is that there is a need for drivers of heavier vehicles to see and identify their displays, just as there is for drivers of lighter vehicles. See 70 FR 48295, 48298 (Aug. 17, 2005). The telltale in the subject vehicles saying ``BRAKE'' would allow the driver to see and identify the improper functioning system as was the intent of the rule, thus serving the purpose of the FMVSS No. 101 requirement. (c) There are two scenarios when a low brake air pressure condition would exist: A parked vehicle and a moving vehicle. Each of these are discussed separately below; in each scenario, there is ample warning provided to the driver of low brake air pressure. a. Parked Vehicle The driver of an air-braked vehicle must ensure that the vehicle has enough brake air pressure to operate safely. At startup, the vehicle will likely be in a low air condition. When in a low air condition the following warnings would occur, conditioning the driver over time as to the purpose of the telltale and audible alerts and under what conditions they are activated. Red contrasting color of the telltale saying ``BRAKE''. Red contrasting color of the ISO symbol for brake malfunction. Audible alert to the driver as long as the vehicle has low air. Air gauges for the primary and secondary air tanks clearly showing the air pressure in the system. Red contrasting color on the air gauges indicating when the pressure is low. Difficulty/inability of releasing the parking brakes with low air. Reduced drivability if the driver attempts to drive with the parking brakes applied. b. Moving Vehicle If a low brake air pressure situation occurs while driving, the function of the service brakes may be reduced or lost and, eventually if the pressure gets low enough, the parking brakes will engage. The driver must pull to the side of the road and apply the parking brakes as soon as possible. A loss of brake air pressure while driving represents a malfunctioning brake system and requires immediate action from the driver. Drivers recognize that a telltale illuminated in red represents a malfunction which needs to be remedied. The following warning would occur if a low air condition occurred while driving. Red contrasting color of the telltale saying ``BRAKE''. Red contrasting color of the ISO symbol for brake malfunction. Audible alert to the driver as long as the vehicle has low air. Air gauges for the primary and secondary air tanks clearly showing the air pressure in the system. Red contrasting color on the air gauges indicating when the pressure is low. The functionality of both the parking brake system and the service brake system remains unaffected by the ``BRAKE'' telltale used in the subject vehicles. (d) NHTSA Precedents--DTNA notes that NHTSA has previously granted petitions for decisions of inconsequential noncompliance for similar brake telltale issues, in which the ISO symbol in combination with other available warnings was deemed sufficient to provide the necessary driver warning. See Docket No. NHTSA-2012-0004, 78 FR 69931 (November 21, 2013) (grant of petition for Ford Motor Company) and Docket No. NHTSA-2014-0046, 79 FR 78559 (December 30, 2014) (grant of petition for Chrysler Group, LLC). In both of these instances, the vehicles at issue displayed an ISO symbol for the brake telltale instead of the wording required under FMVSS No. 101. The ISO symbol in combination with other available warnings was deemed sufficient to provide the necessary driver warning. DTNA respectfully suggests that the same is true for the subject vehicles: The ISO symbol, together with other warnings and alerts, are fully sufficient to warn the driver of a low brake air pressure situation. DTNA concluded by expressing the belief 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 DTNA 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 DTNA 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. 2016-26764 Filed 11-4-16; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices 78259
telephone: (804) 371–4082. The Virginia Dated: November 1, 2016. Comments must be written in the
Department of Transportation’s normal John Simkins, English language, and be no greater than
business hours are 7:00 a.m. to 4:00 p.m. Planning and Environment Team Leader, 15 pages in length, although there is no
Richmond, Virginia. limit to the length of necessary
SUPPLEMENTARY INFORMATION: Notice is
[FR Doc. 2016–26812 Filed 11–4–16; 8:45 am] attachments to the comments. If
hereby given that FHWA has taken final
BILLING CODE 4910–RY–P comments are submitted in hard copy
agency actions subject to 23 U.S.C.
form, please ensure that two copies are
139(l)(1) by issuing licenses, permits,
provided. If you wish to receive
and approvals for the following project
DEPARTMENT OF TRANSPORTATION confirmation that comments you have
in the State of Virginia: The widening of
submitted by mail were received, please
Interstate 64 for approximately eight National Highway Traffic Safety enclose a stamped, self-addressed
miles between the I–464 Interchange Administration postcard with the comments. Note that
and I–664/I–264 in the City of
[Docket No. NHTSA–2016–0103; Notice 1] all comments received will be posted
Chesapeake, Virginia. The project would
without change to https://
involve constructing two additional
Daimler Trucks North America, Receipt www.regulations.gov, including any
lanes of capacity in each direction
of Petition for Decision of personal information provided.
including the construction of a new
Inconsequential Noncompliance All comments and supporting
bridge and replacement of the existing
materials received before the close of
High Rise Bridge. The actions taken by AGENCY: National Highway Traffic
business on the closing date indicated
FHWA, and the laws under which such Safety Administration (NHTSA),
above will be filed in the docket and
actions were taken, are described in the Department of Transportation (DOT).
will be considered. All comments and
Environmental Assessment (EA), the ACTION: Receipt of petition. supporting materials received after the
Request for the Finding of No
SUMMARY: Daimler Trucks North closing date will also be filed and will
Significant Impact (FONSI) that
America (DTNA), has determined that be considered to the fullest extent
included a Revised EA, and the FONSI.
certain model year (MY) 2016–2017 possible.
The EA was signed on October 3, 2014.
Freightliner and Western Star trucks do When the petition is granted or
The FONSI was issued on August 22,
not fully comply with Table 2 of Federal denied, notice of the decision will also
2016. The EA, Request for the FONSI,
Motor Vehicle Safety Standard (FMVSS) be published in the Federal Register
and FONSI can be viewed on the
No. 101, Controls and Displays. DTNA pursuant to the authority indicated at
project’s internet site at http://
filed a report dated September 22, 2016, the end of this notice.
virginiadot.org/projects/hamptonroads/ All comments, background
i-64_southside__high_rise_bridge_ pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and documentation, and supporting
phased_construction.asp. materials submitted to the docket may
Reports. DTNA also petitioned NHTSA
These documents and other project be viewed by anyone at the address and
on September 22, 2016, under 49 CFR
records are also available by contacting times given above. The documents may
part 556 for a decision that the subject
FHWA or the Virginia Department of also be viewed on the Internet at https://
noncompliance is inconsequential as it
Transportation at the phone numbers www.regulations.gov by following the
relates to motor vehicle safety.
and addresses listed above. This notice online instructions for accessing the
DATES: The closing date for comments
applies to all Federal agency decisions dockets. The docket ID number for this
as of the issuance date of this notice and on the petition is December 7, 2016.
petition is shown in the heading of this
all laws under which such actions were ADDRESSES: Interested persons are
notice.
taken, including but not limited to: invited to submit written data, views, DOT’s complete Privacy Act
and arguments on this petition. Statement is available for review in a
1. General: National Environmental
Comments must refer to the docket and Federal Register notice published on
Policy Act (NEPA) [42 U.S.C. 4321–
notice number cited in the title of this April 11, 2000, (65 FR 19477–78).
4351]; Federal-Aid Highway Act
notice and submitted by any of the
(FAHA) [23 U.S.C. 109 and 23 U.S.C. SUPPLEMENTARY INFORMATION:
following methods:
128]. • Mail: Send comments by mail I. Overview: Pursuant to 49 U.S.C.
2. Air: Clean Air Act [42 U.S.C. 7401– addressed to U.S. Department of 30118(d) and 30120(h), 49 CFR part 556,
7671(q)]. Transportation, Docket Operations, M– DTNA submitted a petition for an
30, West Building Ground Floor, Room exemption from the notification and
3. Land: Section 4(f) of the remedy requirements of 49 U.S.C.
Department of Transportation Act of W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Chapter 301 on the basis that this
1966 [49 U.S.C. 303; 23 U.S.C. 138]. noncompliance is inconsequential as it
• Hand Delivery: Deliver comments
4. Historic and Cultural Resources: by hand to U.S. Department of relates to motor vehicle safety.
Section 106 of the National Historic Transportation, Docket Operations, M– This notice of receipt of DTNA’s
Preservation Act of 1966, as amended 30, West Building Ground Floor, Room petition is published under 49 U.S.C.
[16 U.S.C. 470(f) et seq.]. W12–140, 1200 New Jersey Avenue SE., 30118 and 30120 and does not represent
5. Social and Economic: Farmland Washington, DC 20590. The Docket any agency decision or other exercise of
Protection Policy Act [7 U.S.C. 4201– Section is open on weekdays from 10 judgment concerning the merits of the
4209]. a.m. to 5 p.m. except Federal Holidays. petition.
• Electronically: Submit comments II. Vehicles Involved: Affected are
sradovich on DSK3GMQ082PROD with NOTICES
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning electronically by logging onto the approximately 36,959 MY 2016–2017
and Construction. The regulations Federal Docket Management System versions of the following trucks,
implementing Executive Order 12372 (FDMS) Web site at https:// manufactured between September 28,
regarding intergovernmental consultation on www.regulations.gov/. Follow the online 2015 and July 30, 2016:
Federal programs and activities apply to this instructions for submitting comments. • Freightliner Cascadia
program.) • Comments may also be faxed to • Freightliner 122SD
Authority: 23 U.S.C. 139(l)(1). (202) 493–2251. • Freightliner Coronado
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![Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices 78261
(b) NHTSA stated in a 2005 FMVSS The following warning would occur if the subject vehicles that DTNA no
No. 101 rulemaking that the reason for a low air condition occurred while longer controlled at the time it
including vehicles over 10,000 pounds driving. determined that the noncompliance
in the requirements of FMVSS No. 101 • Red contrasting color of the telltale existed. However, any decision on this
is that there is a need for drivers of saying ‘‘BRAKE’’. petition does not relieve vehicle
heavier vehicles to see and identify their • Red contrasting color of the ISO distributors and dealers of the
displays, just as there is for drivers of symbol for brake malfunction. prohibitions on the sale, offer for sale,
lighter vehicles. See 70 FR 48295, 48298 • Audible alert to the driver as long or introduction or delivery for
(Aug. 17, 2005). The telltale in the as the vehicle has low air. introduction into interstate commerce of
subject vehicles saying ‘‘BRAKE’’ would • Air gauges for the primary and the noncompliant vehicles under their
allow the driver to see and identify the secondary air tanks clearly showing the control after DTNA notified them that
improper functioning system as was the air pressure in the system. the subject noncompliance existed.
• Red contrasting color on the air
intent of the rule, thus serving the Authority: 49 U.S.C. 30118, 30120:
gauges indicating when the pressure is
purpose of the FMVSS No. 101 delegations of authority at 49 CFR 1.95 and
low.
requirement. The functionality of both the parking 501.8.
(c) There are two scenarios when a brake system and the service brake Jeffrey M. Giuseppe,
low brake air pressure condition would system remains unaffected by the Director, Office of Vehicle Safety Compliance.
exist: A parked vehicle and a moving ‘‘BRAKE’’ telltale used in the subject
vehicle. Each of these are discussed [FR Doc. 2016–26764 Filed 11–4–16; 8:45 am]
vehicles.
separately below; in each scenario, there (d) NHTSA Precedents—DTNA notes
BILLING CODE 4910–59–P
is ample warning provided to the driver that NHTSA has previously granted
of low brake air pressure. petitions for decisions of DEPARTMENT OF TRANSPORTATION
a. Parked Vehicle inconsequential noncompliance for
The driver of an air-braked vehicle similar brake telltale issues, in which Pipeline and Hazardous Materials
must ensure that the vehicle has enough the ISO symbol in combination with Safety Administration
brake air pressure to operate safely. At other available warnings was deemed
startup, the vehicle will likely be in a sufficient to provide the necessary [Docket No. PHMSA–2016–0092]
low air condition. When in a low air driver warning. See Docket No.
NHTSA–2012–0004, 78 FR 69931 Pipeline Safety: Underground Natural
condition the following warnings would
(November 21, 2013) (grant of petition Gas Storage Facility User Fee
occur, conditioning the driver over time
as to the purpose of the telltale and for Ford Motor Company) and Docket
AGENCY: Pipeline and Hazardous
audible alerts and under what No. NHTSA–2014–0046, 79 FR 78559
Materials Safety Administration
conditions they are activated. (December 30, 2014) (grant of petition
(PHMSA), Department of Transportation
for Chrysler Group, LLC). In both of
• Red contrasting color of the telltale (DOT).
these instances, the vehicles at issue
saying ‘‘BRAKE’’. ACTION: Notice of agency action and
displayed an ISO symbol for the brake
• Red contrasting color of the ISO telltale instead of the wording required request for comment.
symbol for brake malfunction. under FMVSS No. 101. The ISO symbol
• Audible alert to the driver as long SUMMARY: This notice is to advise all
in combination with other available
as the vehicle has low air. underground natural gas storage facility
warnings was deemed sufficient to
• Air gauges for the primary and operators of a proposed PHMSA
provide the necessary driver warning.
secondary air tanks clearly showing the pipeline user fee assessment and rate
DTNA respectfully suggests that the
air pressure in the system. structure.
same is true for the subject vehicles: The
• Red contrasting color on the air ISO symbol, together with other FOR FURTHER INFORMATION CONTACT:
gauges indicating when the pressure is warnings and alerts, are fully sufficient Roger Little by telephone at 202–366–
low. to warn the driver of a low brake air 4569, by fax at 202–366–4566, by email
• Difficulty/inability of releasing the pressure situation. at Roger.Little@dot.gov, or by mail at
parking brakes with low air. DTNA concluded by expressing the U.S. Department of Transportation,
• Reduced drivability if the driver belief that the subject noncompliance is PHMSA, 1200 New Jersey Avenue SE.,
attempts to drive with the parking inconsequential as it relates to motor PHP–2, Washington, DC 20590–0001.
brakes applied. vehicle safety, and that its petition to be Comments: PHMSA invites interested
exempted from providing notification of persons to comment on the
b. Moving Vehicle the noncompliance, as required by 49 underground natural gas storage facility
If a low brake air pressure situation U.S.C. 30118, and a remedy for the user fee assessment procedures
occurs while driving, the function of the noncompliance, as required by 49 described in this notice by January 6,
service brakes may be reduced or lost U.S.C. 30120, should be granted. 2017. Comments should reference
and, eventually if the pressure gets low NHTSA notes that the statutory Docket No. PHMSA–2016–0092.
enough, the parking brakes will engage. provisions (49 U.S.C. 30118(d) and Comments may be submitted in the
The driver must pull to the side of the 30120(h)) that permit manufacturers to following ways:
road and apply the parking brakes as file petitions for a determination of • E-Gov Web site: http://
soon as possible. A loss of brake air inconsequentiality allow NHTSA to www.regulations.gov. This site allows
sradovich on DSK3GMQ082PROD with NOTICES
pressure while driving represents a exempt manufacturers only from the the public to enter comments on any
malfunctioning brake system and duties found in sections 30118 and Federal Register notice issued by any
requires immediate action from the 30120, respectively, to notify owners, agency. Follow the instructions for
driver. Drivers recognize that a telltale purchasers, and dealers of a defect or submitting comments.
illuminated in red represents a noncompliance and to remedy the • Fax: 1–202–493–2251.
malfunction which needs to be defect or noncompliance. Therefore, any • Mail: Docket Management System,
remedied. decision on this petition only applies to U.S. Department of Transportation
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Document Created: 2018-02-14 08:21:56
Document Modified: 2018-02-14 08:21:56
| 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 December 7, 2016. | |
| FR Citation | 81 FR 78259 |
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