82_FR_33689 82 FR 33551 - Daimler Trucks North America, LLC, Grant of Petition for Decision of Inconsequential Noncompliance

82 FR 33551 - Daimler Trucks North America, LLC, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 138 (July 20, 2017)

Page Range33551-33554
FR Document2017-15256

Daimler Trucks North America, LLC (DTNA), has determined that certain model year (MY) 2016-2017 Freightliner trucks do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. DTNA filed a noncompliance report dated January 19, 2017, and amended it on January 25, 2017. DTNA also petitioned NHTSA on January 20, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 138 (Thursday, July 20, 2017)
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Notices]
[Pages 33551-33554]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15256]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0011; Notice 2]


Daimler Trucks North America, LLC, Grant of Petition for Decision 
of Inconsequential Noncompliance

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

ACTION: Grant of petition.

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

SUMMARY: Daimler Trucks North America, LLC (DTNA), has determined that 
certain model year (MY) 2016-2017 Freightliner trucks do not fully 
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101, 
Controls and Displays. DTNA filed a noncompliance report dated January 
19, 2017, and amended it on January 25, 2017. DTNA also petitioned 
NHTSA on January 20, 2017, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety.

ADDRESSES: For further information on this decision contact Stu Seigel, 
Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5287, facsimile 
(202) 366-3081.

SUPPLEMENTARY INFORMATION:
    I. Overview: Daimler Trucks North America (DTNA), has determined 
that certain model year (MY) 2016-2017 Freightliner trucks do not fully 
comply with Table 2 of Federal Motor Vehicle Safety Standard (FMVSS) 
No. 101, Controls and Displays. DTNA filed a noncompliance report dated 
January 19, 2017, and amended it on January 25, 2017, pursuant to 49 
CFR part 573, Defect and Noncompliance Responsibility and Reports. DTNA 
also petitioned NHTSA on January 20, 2017, pursuant to 49 U.S.C. 
30118(d) and 30120(h) and 49 CFR part 556, 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.
    Notice of receipt of the petition was published with a 30-day 
public comment period, on April 7, 2017, in the Federal Register (82 FR 
17069). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: https://www.regulations.gov/. Then follow the 
online search instructions to locate docket number ``NHTSA-2017-0011.''
    II. Vehicles Involved: Affected are approximately 81,641 MY 2016-
2017 versions of the following trucks, manufactured between March 2, 
2015 and September 8, 2016:

 Freightliner 108SD
 Freightliner Business Class M2
 Freightliner Cascadia
 Freightliner 114SD

    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 message on an adjacent display screen says ``LOW 
AIR'', rather than the words ``BRAKE AIR,'' as specified in Table 2 of 
FMVSS No. 101. DTNA states

[[Page 33552]]

that the telltale is accompanied by an audible alert and pressure 
gauges.
    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 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.''
BILLING CODE 4910-59-P
[GRAPHIC] [TIFF OMITTED] TN20JY17.000

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 a message on the 
display screen saying ``LOW AIR!'' and an audible alert that occurs in 
the subject vehicles would alert the driver to an air 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.
    (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'' and the message on the display screen 
that says ``LOW AIR!'' 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) Drivers of commercial vehicles would conduct daily pre-trip

[[Page 33553]]

inspections of their vehicles paying particular attention to the 
warning signs and gauges to ensure correct functionality of their 
vehicles braking system, before driving the vehicle. Drivers therefore 
would be very familiar with the telltales and other warnings, and their 
meaning, in the event a low air warning was to occur while the vehicle 
was driven.
    (d) 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.

1. 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, message and audible alerts 
and under what conditions they are activated.

 Red contrasting color of the telltale saying ``BRAKE''
 Message on the display screen that says ``LOW AIR!''
 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

2. 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''
 Message on the display screen that says ``LOW AIR!''
 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.

    (e) The functionality of both the parking brake system and the 
service brake system remains unaffected by the ``BRAKE'' telltale used 
in the subject vehicles.
    (f) NHTSA Precedents--DTNA notes that NHTSA has previously granted 
petitions for decisions of inconsequential noncompliance for similar 
brake telltale issues. 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 did not have the exact wording as required under 
FMVSS No. 101. The available warnings were deemed sufficient to provide 
the necessary driver warning. DTNA respectfully suggest that the same 
is true for the subject vehicles: The red ``BRAKE'' telltale and the 
``LOW AIR!'' pop-up message, 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'S Decision

    NHTSA's Analysis: NHTSA has reviewed DTNA's analyses that the 
subject noncompliance is inconsequential to motor vehicle safety. 
Specifically, the telltale marking for low brake air pressure says 
``Brake'' instead of ``Brake Air'' as required in table 2 of FMVSS No. 
101 and FMVSS No. 121. We believe that this incomplete labeling poses 
no risk to motor vehicle safety because multiple sources of 
information, as discussed below, are simultaneously activated to 
properly warn the driver of the low air condition.
    1. When a low air pressure situation exists, for both a parked or 
moving vehicle, the ``Brake'' telltale will activate in red letters 
with a black background. There are no requirements in FMVSS No. 101 or 
121 for the color of the telltale, but DTNA's use of red, which is an 
accepted color representing an urgent condition, provides a definitive 
indication of a situation that needs attention.
    2. Activation of the ``Brake'' telltale is accompanied by 
illumination on the instrument cluster message display screen with the 
words ``LOW AIR!'' in white, upper case lettering with a green 
background. The height of the lettering appears greater than that of 
the surrounding telltales and is followed by an exclamation point for 
increased importance. In a follow-up telephone conversation with DTNA 
after notice of receipt of petition was published, DTNA confirmed that 
the lettering height was one quarter inch. Although there is no 
lettering height requirement for ``Brake Air,'' and the specification 
is only that the warning be visible, for reference, a common minimum 
height for many FMVSS visual indicators is one-eighth inch. This 
combined with the green rectangular background, which also is 
comparatively large, is readily visible to the operator and is unlikely 
to be overlooked. Both the ``BRAKE'' telltale and the ``LOW AIR!'' 
message are in clear view of the driver and when activated will alert 
the driver of a brake system malfunction.
    3. Simultaneous to illumination of both the ``Brake'' telltale and 
``LOW AIR!'' in the message center, is activation of an audible alert, 
further notifying the operator that a malfunction exists requiring 
corrective action. Although the alert would not in and of itself 
identify the problem, a driver would be prompted by the warning tone to 
heed the telltales and warning messages activated in the instrument 
cluster (i.e., ``Brake'' and ``LOW AIR!'').
    4. In a low pressure situation, the operator is provided additional 
feedback by the primary and secondary instrument cluster air gauges 
which are marked with PSI numerical values along with red-delineated 
ranges where the needle pointers would be positioned during a low 
pressure condition.
    5. NHTSA agrees with DTNA that for a vehicle that is parked, if a 
low air condition were present, along with the operator feedback 
described above, there would be difficulty or an inability to release 
the parking brake and/or reduced drivability, as sufficient air in the 
system is required to release the parking brake.
    6. Further, NHTSA agrees with DTNA's contention that the 
functionality of the parking brake system and the braking performance 
of the service brake system remains unaffected by use of the telltale 
word

[[Page 33554]]

``Brake'' instead of ``Brake Air'' on the subject vehicles.
    7. Lastly, NHTSA believes that, as these affected trucks are 
predominately used as commercial vehicles with professional drivers, 
operators will monitor their vehicle's condition and take note of any 
warning signs and gauge readings to ensure proper functionality of all 
systems. As DTNA states, and we agree, drivers will be familiar with 
the meaning of telltales and other warnings and the feedback provided 
to the driver in these vehicles if a low brake pressure condition 
exists would be well understood.
    NHTSA concludes that simultaneous activation of red ``Brake'' 
telltale with a black contrasting background, message center wording 
``LOW AIR!'' in large white letters on a substantially sized green 
contrasting background, and an audible alert for a low air pressure 
condition, along with the primary and secondary air gauge indicators, 
and the reduced drivability of the vehicles under a low air pressure 
condition, provides adequate notification to the operator that a brake 
malfunction exists. NHTSA further concludes that the discrepancy with 
the labeling requirement is unlikely to lead to any misunderstanding 
since other sources of correct information beyond the ``Brake'' 
telltale, are always provided.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that DTNA has met its burden of persuasion that the FMVSS No. 101 
noncompliance is inconsequential as it relates to motor vehicle safety. 
Accordingly, DTNA's petition is hereby granted and DTNA is consequently 
exempted from the obligation to provide notification of, and remedy 
for, the subject noncompliance in the affected vehicles under 49 U.S.C. 
30118 and 30120.
    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, this decision 
only applies to the subject vehicles that DTNA no longer controlled at 
the time it determined that the noncompliance existed. However, the 
granting of 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. 2017-15256 Filed 7-19-17; 8:45 am]
 BILLING CODE 4910-59-P



                                                                                   Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices                                          33551

                                                       Abstract: The National Highway                        applicable FMVSS. Manufacturers of                    with Federal Motor Vehicle Safety
                                                    Traffic Safety Administration (NHTSA)                    defective or noncompliant motor                       Standard (FMVSS) No. 101, Controls
                                                    has requested OMB to extend that                         vehicles or replacement motor vehicle                 and Displays. DTNA filed a
                                                    agency’s approval of the information                     equipment are required under 49 U.S.C.                noncompliance report dated January 19,
                                                    collection that is incident to NHTSA’s                   30118 to furnish notification of the                  2017, and amended it on January 25,
                                                    administration of the regulations at 49                  defect or noncompliance to the                        2017. DTNA also petitioned NHTSA on
                                                    CFR part 566 Manufacturer                                Secretary of Transportation, and as well              January 20, 2017, for a decision that the
                                                    identification. Those regulations require                as to owners, purchasers, and dealers of              subject noncompliance is
                                                    manufacturers of motor vehicles or                       the motor vehicle or replacement                      inconsequential as it relates to motor
                                                    motor vehicle equipment, other than                      equipment, and to remedy the defect or                vehicle safety.
                                                    tires, to which a Federal motor vehicle                  noncompliance without charge to the                   ADDRESSES: For further information on
                                                    safety standard (FMVSS) applies, to                      owner.                                                this decision contact Stu Seigel, Office
                                                    submit to NHTSA, on a one-time basis,                       Affected Public: New manufacturers                 of Vehicle Safety Compliance, the
                                                    identifying information on themselves                    of motor vehicles and motor vehicle                   National Highway Traffic Safety
                                                    and a description of the products that                   equipment, other than tires, subject to               Administration (NHTSA), telephone
                                                    they manufacture to those standards.                     the Federal motor vehicle safety                      (202) 366–5287, facsimile (202) 366–
                                                    The information that must be submitted                   standards.                                            3081.
                                                    includes: (a) The full individual,                          Estimated Total Annual Burden: 131
                                                    partnership, or corporate name of the                    hours; $3,930.                                        SUPPLEMENTARY INFORMATION:
                                                    manufacturer; (b) the residence address                                                                           I. Overview: Daimler Trucks North
                                                                                                             ADDRESSES: Send comments, within 30
                                                    of the manufacturer and State of                                                                               America (DTNA), has determined that
                                                                                                             days, to the Office of Information and
                                                    incorporation, if applicable; and (c) a                                                                        certain model year (MY) 2016–2017
                                                                                                             Regulatory Affairs, Office of
                                                    description of each type of motor                                                                              Freightliner trucks do not fully comply
                                                                                                             Management and Budget, 725 17th
                                                    vehicle or of covered equipment                                                                                with Table 2 of Federal Motor Vehicle
                                                                                                             Street NW., Washington, DC 20503,
                                                    manufactured by the manufacturer,                                                                              Safety Standard (FMVSS) No. 101,
                                                                                                             Attention NHTSA Desk Officer.
                                                    including, for motor vehicles, the                          Comments are invited on: Whether                   Controls and Displays. DTNA filed a
                                                    approximate ranges of gross vehicle                      the proposed collection of information                noncompliance report dated January 19,
                                                    weight ratings (GVWR) for each type.                     is necessary for the proper performance               2017, and amended it on January 25,
                                                    The information must be submitted no                     of the functions of the Department,                   2017, pursuant to 49 CFR part 573,
                                                    later than 30 days after the manufacturer                including whether the information will                Defect and Noncompliance
                                                    begins to manufacture motor vehicles or                  have practical utility; the accuracy of               Responsibility and Reports. DTNA also
                                                    motor vehicle equipment subject to the                   the Department’s estimate of the burden               petitioned NHTSA on January 20, 2017,
                                                    FMVSS. No specific form need be used                     of the proposed information collection;               pursuant to 49 U.S.C. 30118(d) and
                                                    for the submission of this information.                  ways to enhance the quality, utility and              30120(h) and 49 CFR part 556, for an
                                                    NHTSA provides an online portal with                     clarity of the information to be                      exemption from the notification and
                                                    a fillable web-based format for use in                   collected; and ways to minimize the                   remedy requirements of 49 U.S.C.
                                                    submitting the required information.                     burden of the collection of information               Chapter 301 on the basis that this
                                                    This is described in a handbook entitled                 on respondents, including the use of                  noncompliance is inconsequential as it
                                                    Requirements for Manufacturers of                        automated collection techniques or                    relates to motor vehicle safety.
                                                    Motor Vehicles and Motor Vehicle                         other forms of information technology.                   Notice of receipt of the petition was
                                                    Equipment that can be accessed on the                       A Comment to OMB is most effective                 published with a 30-day public
                                                    agency’s Web site at https://                            if OMB receives it within 30 days of                  comment period, on April 7, 2017, in
                                                    vpic.nhtsa.dot.gov. A description of the                 publication.                                          the Federal Register (82 FR 17069). No
                                                    reporting requirement is included on                                                                           comments were received. To view the
                                                                                                             Jeffrey M. Giuseppe,                                  petition and all supporting documents
                                                    pages 8 and 9 of the handbook. With
                                                    changes implemented in 2015,                             Acting Associate Administrator, Enforcement.          log onto the Federal Docket
                                                    manufacturers have been able to make                     [FR Doc. 2017–15252 Filed 7–19–17; 8:45 am]           Management System (FDMS) Web site
                                                    these submissions using an online                        BILLING CODE 4910–59–P                                at: https://www.regulations.gov/. Then
                                                    portal on the above agency Web site.                                                                           follow the online search instructions to
                                                    Manufacturers who have previously                                                                              locate docket number ‘‘NHTSA–2017–
                                                    submitted identifying information must                   DEPARTMENT OF TRANSPORTATION                          0011.’’
                                                    ensure that the information on file is                                                                            II. Vehicles Involved: Affected are
                                                                                                             National Highway Traffic Safety                       approximately 81,641 MY 2016–2017
                                                    accurate and complete by submitting
                                                                                                             Administration                                        versions of the following trucks,
                                                    revised information no later than 30
                                                    days after a change in the business that                 [Docket No. NHTSA–2017–0011; Notice 2]                manufactured between March 2, 2015
                                                    affects the validity of that information                                                                       and September 8, 2016:
                                                    has occurred.                                            Daimler Trucks North America, LLC,                    • Freightliner 108SD
                                                       This information collection is
                                                                                                             Grant of Petition for Decision of                     • Freightliner Business Class M2
                                                    necessary to ensure that manufacturers
                                                                                                             Inconsequential Noncompliance                         • Freightliner Cascadia
                                                                                                                                                                   • Freightliner 114SD
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    of motor vehicles and motor vehicle                      AGENCY: National Highway Traffic
                                                    equipment subject to the Federal motor                   Safety Administration (NHTSA),                           III. Noncompliance: DTNA explains
                                                    vehicle safety standards identify                        Department of Transportation (DOT).                   that the noncompliance is that the Low
                                                    themselves and their products to                         ACTION: Grant of petition.                            Brake Air Pressure telltale for air brake
                                                    NHTSA so that NHTSA may contact                                                                                systems displays the word ‘‘BRAKE’’
                                                    them in the event that one of their                      SUMMARY:   Daimler Trucks North                       and a message on an adjacent display
                                                    products is suspected or found to                        America, LLC (DTNA), has determined                   screen says ‘‘LOW AIR’’, rather than the
                                                    contain a defect related to motor vehicle                that certain model year (MY) 2016–2017                words ‘‘BRAKE AIR,’’ as specified in
                                                    safety or fails to comply with an                        Freightliner trucks do not fully comply               Table 2 of FMVSS No. 101. DTNA states


                                               VerDate Sep<11>2014   18:50 Jul 19, 2017   Jkt 241001   PO 00000   Frm 00076   Fmt 4703   Sfmt 4703   E:\FR\FM\20JYN1.SGM   20JYN1


                                                    33552                          Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices

                                                    that the telltale is accompanied by an                   1 or Table 2 must meet the requirements               listed in column 1 of Table 1 or Table
                                                    audible alert and pressure gauges.                       of this standard for the location,                    2 must be identified by the symbol
                                                       IV. Rule Text: Paragraph S5 of FMVSS                  identification, color, and illumination of            specified for it in column 2 or the word
                                                    No. 101 provides: ‘‘Each passenger car,                  that control, telltale or indicator.’’                or abbreviation specified for it in
                                                    multipurpose passenger vehicle, truck                      Paragraph S5.2.1 of FMVSS No. 101                   column 3 of Table 1 or Table 2.’’
                                                    and bus that is fitted with a control, a                 provides, in pertinent part: ‘‘. . . each             BILLING CODE 4910–59–P
                                                    telltale, or an indicator listed in Table                control, telltale and indicator that is




                                                    BILLING CODE 4910–59–C                                   ‘‘BRAKE AIR,’’ together with a message                is that there is a need for drivers of
                                                      V. Summary of DTNA’s Petition:                         on the display screen saying ‘‘LOW                    heavier vehicles to see and identify their
                                                    DTNA described the subject                               AIR!’’ and an audible alert that occurs               displays, just as there is for drivers of
                                                    noncompliance and stated its belief that                 in the subject vehicles would alert the               lighter vehicles. See 70 FR 48295, 48298
                                                    the noncompliance is inconsequential                     driver to an air issue with the brake                 (Aug. 17, 2005). The telltale in the
                                                    as it relates to motor vehicle safety.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                             system. Once alerted, the driver can                  subject vehicles saying ‘‘BRAKE’’ and
                                                      In support of its petition, DTNA                       check the actual air pressure by reading              the message on the display screen that
                                                    submitted the following reasoning:                       the primary and secondary air gauges                  says ‘‘LOW AIR!’’ would allow the
                                                      (a) DTNA notes that the purpose of                     and seeing the contrasting color on the               driver to see and identify the improper
                                                    the low brake air pressure telltale is to                gauges indicating low pressure.                       functioning system as was the intent of
                                                    alert the driver to a low air condition,                    (b) NHTSA stated in a 2005 FMVSS                   the rule, thus serving the purpose of the
                                                    consistent with the requirements of                      No. 101 rulemaking that the reason for                FMVSS No. 101 requirement.
                                                    FMVSS No. 121, S5.1.5 (warning                           including vehicles over 10,000 pounds                    (c) Drivers of commercial vehicles
                                                    signal). The word ‘‘BRAKE’’ instead of                   in the requirements of FMVSS No. 101                  would conduct daily pre-trip
                                                                                                                                                                                                                EN20JY17.000</GPH>




                                               VerDate Sep<11>2014   18:50 Jul 19, 2017   Jkt 241001   PO 00000   Frm 00077   Fmt 4703   Sfmt 4703   E:\FR\FM\20JYN1.SGM   20JYN1


                                                                                   Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices                                             33553

                                                    inspections of their vehicles paying                     • Message on the display screen that                  of the telltale, but DTNA’s use of red,
                                                    particular attention to the warning signs                   says ‘‘LOW AIR!’’                                  which is an accepted color representing
                                                    and gauges to ensure correct                             • Audible alert to the driver as long as              an urgent condition, provides a
                                                    functionality of their vehicles braking                     the vehicle has low air                            definitive indication of a situation that
                                                    system, before driving the vehicle.                      • Air gauges for the primary and                      needs attention.
                                                    Drivers therefore would be very familiar                    secondary air tanks clearly showing                   2. Activation of the ‘‘Brake’’ telltale is
                                                    with the telltales and other warnings,                      the air pressure in the system                     accompanied by illumination on the
                                                    and their meaning, in the event a low air                • Red contrasting color on the air                    instrument cluster message display
                                                    warning was to occur while the vehicle                      gauges indicating when the pressure                screen with the words ‘‘LOW AIR!’’ in
                                                    was driven.                                                 is low.                                            white, upper case lettering with a green
                                                       (d) There are two scenarios when a                       (e) The functionality of both the                  background. The height of the lettering
                                                    low brake air pressure condition would                   parking brake system and the service                  appears greater than that of the
                                                    exist: A parked vehicle and a moving                     brake system remains unaffected by the                surrounding telltales and is followed by
                                                    vehicle. Each of these are discussed                     ‘‘BRAKE’’ telltale used in the subject                an exclamation point for increased
                                                    separately below; in each scenario, there                vehicles.                                             importance. In a follow-up telephone
                                                    is ample warning provided to the driver                     (f) NHTSA Precedents—DTNA notes                    conversation with DTNA after notice of
                                                    of low brake air pressure.                               that NHTSA has previously granted                     receipt of petition was published, DTNA
                                                                                                             petitions for decisions of                            confirmed that the lettering height was
                                                    1. Parked Vehicle                                        inconsequential noncompliance for                     one quarter inch. Although there is no
                                                      The driver of an air-braked vehicle                    similar brake telltale issues. See Docket             lettering height requirement for ‘‘Brake
                                                    must ensure that the vehicle has enough                  No. NHTSA–2012–0004, 78 FR 69931                      Air,’’ and the specification is only that
                                                    brake air pressure to operate safely. At                 (November 21, 2013) (grant of petition                the warning be visible, for reference, a
                                                    startup, the vehicle will likely be in a                 for Ford Motor Company) and Docket                    common minimum height for many
                                                    low air condition. When in a low air                     No. NHTSA–2014–0046, 79 FR 78559                      FMVSS visual indicators is one-eighth
                                                    condition the following warnings would                   (December 30, 2014) (grant of petition                inch. This combined with the green
                                                    occur, conditioning the driver over time                 for Chrysler Group, LLC). In both of                  rectangular background, which also is
                                                    as to the purpose of the telltale, message               these instances, the vehicles at issue did            comparatively large, is readily visible to
                                                    and audible alerts and under what                        not have the exact wording as required                the operator and is unlikely to be
                                                    conditions they are activated.                           under FMVSS No. 101. The available                    overlooked. Both the ‘‘BRAKE’’ telltale
                                                                                                             warnings were deemed sufficient to                    and the ‘‘LOW AIR!’’ message are in
                                                    • Red contrasting color of the telltale
                                                                                                             provide the necessary driver warning.                 clear view of the driver and when
                                                      saying ‘‘BRAKE’’
                                                                                                             DTNA respectfully suggest that the same               activated will alert the driver of a brake
                                                    • Message on the display screen that
                                                                                                             is true for the subject vehicles: The red             system malfunction.
                                                      says ‘‘LOW AIR!’’                                                                                               3. Simultaneous to illumination of
                                                                                                             ‘‘BRAKE’’ telltale and the ‘‘LOW AIR!’’
                                                    • Audible alert to the driver as long as                                                                       both the ‘‘Brake’’ telltale and ‘‘LOW
                                                                                                             pop-up message, together with other
                                                      the vehicle has low air                                                                                      AIR!’’ in the message center, is
                                                                                                             warnings and alerts, are fully sufficient
                                                    • Air gauges for the primary and                                                                               activation of an audible alert, further
                                                                                                             to warn the driver of a low brake air
                                                      secondary air tanks clearly showing                                                                          notifying the operator that a
                                                                                                             pressure situation.
                                                      the air pressure in the system                            DTNA concluded by expressing the                   malfunction exists requiring corrective
                                                    • Red contrasting color on the air                       belief that the subject noncompliance is              action. Although the alert would not in
                                                      gauges indicating when the pressure                    inconsequential as it relates to motor                and of itself identify the problem, a
                                                      is low                                                 vehicle safety, and that its petition to be           driver would be prompted by the
                                                    • Difficulty/inability of releasing the                  exempted from providing notification of               warning tone to heed the telltales and
                                                      parking brakes with low air                            the noncompliance, as required by 49                  warning messages activated in the
                                                    • Reduced drivability if the driver                      U.S.C. 30118, and a remedy for the                    instrument cluster (i.e., ‘‘Brake’’ and
                                                      attempts to drive with the parking                     noncompliance, as required by 49                      ‘‘LOW AIR!’’).
                                                      brakes applied                                         U.S.C. 30120, should be granted.                         4. In a low pressure situation, the
                                                    2. Moving Vehicle                                                                                              operator is provided additional feedback
                                                                                                             NHTSA’S Decision                                      by the primary and secondary
                                                       If a low brake air pressure situation                   NHTSA’s Analysis: NHTSA has                         instrument cluster air gauges which are
                                                    occurs while driving, the function of the                reviewed DTNA’s analyses that the                     marked with PSI numerical values along
                                                    service brakes may be reduced or lost                    subject noncompliance is                              with red-delineated ranges where the
                                                    and, eventually if the pressure gets low                 inconsequential to motor vehicle safety.              needle pointers would be positioned
                                                    enough, the parking brakes will engage.                  Specifically, the telltale marking for low            during a low pressure condition.
                                                    The driver must pull to the side of the                  brake air pressure says ‘‘Brake’’ instead                5. NHTSA agrees with DTNA that for
                                                    road and apply the parking brakes as                     of ‘‘Brake Air’’ as required in table 2 of            a vehicle that is parked, if a low air
                                                    soon as possible. A loss of brake air                    FMVSS No. 101 and FMVSS No. 121.                      condition were present, along with the
                                                    pressure while driving represents a                      We believe that this incomplete labeling              operator feedback described above,
                                                    malfunctioning brake system and                          poses no risk to motor vehicle safety                 there would be difficulty or an inability
                                                    requires immediate action from the                       because multiple sources of                           to release the parking brake and/or
                                                    driver. Drivers recognize that a telltale
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                             information, as discussed below, are                  reduced drivability, as sufficient air in
                                                    illuminated in red represents a                          simultaneously activated to properly                  the system is required to release the
                                                    malfunction which needs to be                            warn the driver of the low air condition.             parking brake.
                                                    remedied.                                                  1. When a low air pressure situation                   6. Further, NHTSA agrees with
                                                       The following warning would occur if                  exists, for both a parked or moving                   DTNA’s contention that the
                                                    a low air condition occurred while                       vehicle, the ‘‘Brake’’ telltale will                  functionality of the parking brake
                                                    driving.                                                 activate in red letters with a black                  system and the braking performance of
                                                    • Red contrasting color of the telltale                  background. There are no requirements                 the service brake system remains
                                                       saying ‘‘BRAKE’’                                      in FMVSS No. 101 or 121 for the color                 unaffected by use of the telltale word


                                               VerDate Sep<11>2014   18:50 Jul 19, 2017   Jkt 241001   PO 00000   Frm 00078   Fmt 4703   Sfmt 4703   E:\FR\FM\20JYN1.SGM   20JYN1


                                                    33554                          Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices

                                                    ‘‘Brake’’ instead of ‘‘Brake Air’’ on the                control after DTNA notified them that                 Representative, Office of Behavioral
                                                    subject vehicles.                                        the subject noncompliance existed.                    Safety Research (NPD–320), National
                                                       7. Lastly, NHTSA believes that, as                      Authority: 49 U.S.C. 30118, 30120:                  Highway Traffic Safety Administration,
                                                    these affected trucks are predominately                  delegations of authority at 49 CFR 1.95 and           1200 New Jersey Avenue SE, W46–466,
                                                    used as commercial vehicles with                         501.8.                                                Washington, DC 20590. Dr. Sifrit’s
                                                    professional drivers, operators will                                                                           phone number is 202–366–0868, and
                                                                                                             Jeffrey M. Giuseppe,                                  her email address is kathy.sifrit@
                                                    monitor their vehicle’s condition and
                                                    take note of any warning signs and                       Director, Office of Vehicle Safety Compliance.        dot.gov.
                                                    gauge readings to ensure proper                          [FR Doc. 2017–15256 Filed 7–19–17; 8:45 am]
                                                                                                                                                                   SUPPLEMENTARY INFORMATION:       Under the
                                                    functionality of all systems. As DTNA                    BILLING CODE 4910–59–P
                                                                                                                                                                   Paperwork Reduction Act of 1995,
                                                    states, and we agree, drivers will be                                                                          before an agency submits a proposed
                                                    familiar with the meaning of telltales                                                                         collection of information to OMB for
                                                    and other warnings and the feedback                      DEPARTMENT OF TRANSPORTATION
                                                                                                                                                                   approval, it must publish a document in
                                                    provided to the driver in these vehicles                                                                       the Federal Register providing a 60-day
                                                                                                             National Highway Traffic Safety
                                                    if a low brake pressure condition exists                                                                       comment period and otherwise consult
                                                                                                             Administration
                                                    would be well understood.                                                                                      with members of the public and affected
                                                       NHTSA concludes that simultaneous                     [U.S. DOT Docket No. NHTSA–2017–0051]
                                                                                                                                                                   agencies concerning each proposed
                                                    activation of red ‘‘Brake’’ telltale with a                                                                    collection of information. The OMB has
                                                    black contrasting background, message                    Reports, Forms, and Record Keeping
                                                                                                             Requirements                                          promulgated regulations describing
                                                    center wording ‘‘LOW AIR!’’ in large                                                                           what must be included in such a
                                                    white letters on a substantially sized                   AGENCY:  National Highway Traffic                     document. Under OMB’s regulations (at
                                                    green contrasting background, and an                     Safety Administration (NHTSA), DOT.                   5 CFR 1320.8(d)), an agency must ask
                                                    audible alert for a low air pressure                     ACTION: Request for public comment on                 for public comment on the following:
                                                    condition, along with the primary and                    proposed collection of information.                     (i) Whether the proposed collection of
                                                    secondary air gauge indicators, and the                                                                        information is necessary for the proper
                                                    reduced drivability of the vehicles                      SUMMARY:   Before a Federal agency can                performance of the functions of the
                                                    under a low air pressure condition,                      collect certain information from the                  agency, including whether the
                                                    provides adequate notification to the                    public, it must receive approval from                 information will have practical utility;
                                                    operator that a brake malfunction exists.                the Office of Management and Budget                     (ii) The accuracy of the agency’s
                                                    NHTSA further concludes that the                         (OMB). Under procedures established                   estimate of the burden of the proposed
                                                    discrepancy with the labeling                            by the Paperwork Reduction Act of                     collection of information, including the
                                                    requirement is unlikely to lead to any                   1995, before seeking OMB approval,                    validity of the methodology and
                                                    misunderstanding since other sources of                  Federal agencies must solicit public                  assumptions used;
                                                    correct information beyond the ‘‘Brake’’                 comment on proposed collections of                      (iii) How to enhance the quality,
                                                    telltale, are always provided.                           information, including extensions and                 utility, and clarity of the information to
                                                       NHTSA’s Decision: In consideration                    reinstatements of previously approved                 be collected; and
                                                    of the foregoing, NHTSA finds that                       collections. This document describes                    (iv) How to minimize the burden of
                                                    DTNA has met its burden of persuasion                    the collection of information for which               the collection of information on those
                                                    that the FMVSS No. 101 noncompliance                     NHTSA intends to seek OMB approval.                   who are to respond, including the use
                                                    is inconsequential as it relates to motor                DATES: Comments must be received on                   of appropriate automated, electronic,
                                                    vehicle safety. Accordingly, DTNA’s                      or before September 18, 2017.                         mechanical, or other technological
                                                    petition is hereby granted and DTNA is                   ADDRESSES: You may submit comments                    collection techniques or other forms of
                                                    consequently exempted from the                           identified by DOT Docket Number                       information technology, e.g., permitting
                                                    obligation to provide notification of, and               NHTSA–2017–0051 using any of the                      electronic submission of responses.
                                                    remedy for, the subject noncompliance                    following methods:                                      In compliance with these
                                                    in the affected vehicles under 49 U.S.C.                   Electronic submissions: Go to http://               requirements, NHTSA asks public
                                                    30118 and 30120.                                         www.regulations.gov. Follow the online                comment on the following proposed
                                                       NHTSA notes that the statutory                        instructions for submitting comments.                 collection of information:
                                                    provisions (49 U.S.C. 30118(d) and                         Mail: Docket Management Facility,                     Title: Older Driver Rearview Video
                                                    30120(h)) that permit manufacturers to                   M–30, U.S. Department of                              Systems.
                                                    file petitions for a determination of                    Transportation, 1200 New Jersey                         Type of Request: New information
                                                    inconsequentiality allow NHTSA to                        Avenue SE., West Building Ground                      collection.
                                                    exempt manufacturers only from the                       Floor, Room W12–140, Washington, DC                     OMB Clearance Number: None.
                                                    duties found in sections 30118 and                       20590.                                                  Form Number: NHTSA Forms 1398
                                                    30120, respectively, to notify owners,                     Hand Delivery: West Building Ground                 and 1399.
                                                    purchasers, and dealers of a defect or                   Floor, Room W12–140, 1200 New Jersey                    Requested Expiration Date of
                                                    noncompliance and to remedy the                          Avenue SE., Washington, DC, between 9                 Approval: 3 years from date of approval.
                                                    defect or noncompliance. Therefore, this                 a.m. and 5 p.m., Monday through                         Summary of the Collection of
                                                    decision only applies to the subject                     Friday, except Federal holidays.                      Information: The National Highway
                                                                                                               Fax: 1–202–493–2251.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    vehicles that DTNA no longer controlled                                                                        Traffic Safety Administration (NHTSA)
                                                    at the time it determined that the                         Each submission must include the                    proposes to collect information from
                                                    noncompliance existed. However, the                      agency name and the docket number for                 older licensed drivers about their
                                                    granting of this petition does not relieve               this notice. Note that all comments                   driving performance, driving habits, and
                                                    vehicle distributors and dealers of the                  received will be posted without change                levels of familiarity with rearview video
                                                    prohibitions on the sale, offer for sale,                to http://www.regulations.gov, including              systems (RVSs), and to measure their
                                                    or introduction or delivery for                          any personal information provided.                    ability to avoid obstacles while backing
                                                    introduction into interstate commerce of                 FOR FURTHER INFORMATION CONTACT:                      using an RVS as compared to using only
                                                    the noncompliant vehicles under their                    Kathy J. Sifrit, Contracting Officer’s                mirrors and shoulder checks. Following


                                               VerDate Sep<11>2014   18:50 Jul 19, 2017   Jkt 241001   PO 00000   Frm 00079   Fmt 4703   Sfmt 4703   E:\FR\FM\20JYN1.SGM   20JYN1



Document Created: 2017-07-20 06:57:37
Document Modified: 2017-07-20 06:57:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGrant of petition.
FR Citation82 FR 33551 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR