82 FR 38993 - Ride the Ducks International, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 157 (August 16, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 157 (August 16, 2017)
| Page Range | 38993-38995 | |
| FR Document | 2017-17326 |
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)] [Notices] [Pages 38993-38995] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17326] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2017-0038; Notice 1] Ride the Ducks International, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. ----------------------------------------------------------------------- SUMMARY: Ride the Ducks International, LLC (RTDI), has determined that certain model year (MY) 1996-2014 Ride the Ducks International Stretch Amphibious passenger vehicles (APVs) do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 104, Windshield Wiping and Washing Systems. RTDI filed a noncompliance information report dated March 15, 2017. RTDI also petitioned NHTSA on April 12, 2017, 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 September 15, 2017. 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 [[Page 38994]] 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: Ride the Ducks International, LLC (RTDI), has determined that certain model year (MY) 1996-2014 Ride the Ducks International Stretch Amphibious passenger vehicles (APVs) do not fully comply with paragraph S4.2.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 104, Windshield Wiping and Washing Systems. RTDI filed a noncompliance information report dated March 15, 2017, pursuant to 49 CFR 573, Defect and Noncompliance Responsibility and Reports. RTDI also petitioned NHTSA on April 12, 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. This notice of receipt of RTDI'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: Approximately 105 MY 1996-2014 Ride the Ducks International Stretch APVs, manufactured between January 1, 1996, and December 31, 2014, are potentially involved. III. Noncompliance: RTDI explained that the noncompliance is that the subject vehicles were manufactured without a windshield washing system, as required by paragraph S4.2.2 of FMVSS No. 104. IV. Rule Text: Paragraph S4.2.2 of FMVSS No. 104 states in pertinent part: S4.2.2 Each multipurpose passenger vehicle, truck, and bus shall have a windshield washing system that meets the requirements of SAE Recommended Practice J942 (1965) (incorporated by reference, see Sec. 571.5), except that the reference to ``the effective wipe pattern defined in SAE J903, paragraph 3.1.2'' in paragraph 3.1 of SAE Recommended Practice J942 (1965) shall be deleted and ``the pattern designed by the manufacturer for the windshield wiping system on the exterior surface of the windshield glazing'' shall be inserted in lieu thereof. V. Summary of RTDI's Petition: As background, in 1996, RTDI began to produce APVs. The original Amphibious Passenger vehicles (APVs) are based on military vehicles that were capable of operation over both land and water. The ``Stretch'' APVs were refurbished by RTDI in accordance with state and U.S. Coast Guard rules and regulations. These vehicles have renewed hulls that are ``stretched'' over the original chassis frame and original vehicle components that were replaced with modern equipment. RTDI manufactured the stretch APVs until 2005, when RTDI introduced its ``Truck'' APVs. The truck APVs are based on military cargo vehicles. RTDI has not manufactured any vehicles since 2014. RTDI 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, RTDI submitted the following reasoning: 1. FMVSS No. 104 specifies, in relevant part, that ``each . . . [vehicle] shall have a windshield washing system that meets the requirements of SAE Recommended Practice J942 (1965)'' 49 CFR 571.104, S4(a), S4.2.2. This FMVSS is designed to ensure that when activated, the windshield washing system is capable of reaching a sufficient portion of the exterior surface of the windshield, as designed by the manufacturer. The standard establishes minimum performance requirements for the windshield wiping and washing systems so that the vehicle operator is able to sufficiently see through the windshield. The APVs have features installed that are designed to achieve the same purpose as the standard. If there is debris present on the windshield, the driver is able to engage the vehicle's windshield wipers to clear the windshield's exterior surface. Further, the windshield of the APVs have a unique design that allows the driver to fully lower and raise the windshield glass. In the event that the windshield wipers could not clear the surface of the windshield, the driver has the option of lowering the windshield. Under either option, the visibility of the operator would not be compromised. 2. In the water portion of the vehicles' tours, the APVs are required to have the windshield lowered during operation, per U.S. Coast Guard regulations. The Coast Guard has recognized that in the event of an accident on the water, a raised windshield could impede passenger egress. Consequently, the Coast Guard has issued guidance which provides that the windshields of APVs be ``designed to fold down with minimal force to allow egress.'' U.S. Coast Guard Navigation and Inspection Circular (NVIC) 1-01, inspection of Amphibious Passenger Carrying Vehicles, p.24. Further, the APV's exteriors, including the windshields, are washed after each tour, removing any debris that may have accumulated during the last tour. 3. From its inception, the Safety Act has included a provision recognizing that some noncompliances may pose little or no actual safety risk. The Safety Act exempts manufacturers from their statutory obligation to provide notice and remedy upon a determination by NHTSA that a noncompliance is inconsequential to motor vehicle safety. See 49 U.S.C. 30118(d). In applying this recognition to particular fact situations, the agency considers whether the noncompliance gives rise to ``a significantly greater risk than . . . in a compliant vehicle.'' 69 FR 19897, 19900 (April 14, 2000). As described above, the specialized design of the APVs and the vehicles' pattern of use does not expose the vehicles to conditions that could create an increased safety risk when compared to a vehicle that has a windshield washing system installed. RTDI concluded by expressing the belief that the subject noncompliance is inconsequential as it relates to motor vehicle safety, and that its petition to be [[Page 38995]] 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 RTDI 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 RTDI 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. 2017-17326 Filed 8-15-17; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 38993
V. Summary of RTDI’s Petition: As the unlikely event that fog did decision on this petition only applies to
background, in 1996, RTDI began to accumulate on the windshield, the the subject vehicles that RTDI no longer
produce APVs. The original APVs have windshield wipers to clear controlled at the time it determined that
Amphibious Passenger vehicles (APVs) the surface and the vehicle operator can the noncompliance existed. However,
are based on military vehicles that were also push down the windshield for any decision on this petition does not
capable of operation over both land and visibility. relieve vehicle distributors and dealers
water. The ‘‘Stretch’’ APVs were 2. Frost builds up on the windshield of the prohibitions on the sale, offer for
refurbished by RTDI in accordance with of a vehicle when the temperature of sale, or introduction or delivery for
state and U.S. Coast Guard rules and liquid or condensation on the introduction into interstate commerce of
regulations. These vehicles have windshield decreases to the freezing the noncompliant vehicles under their
renewed hulls that are ‘‘stretched’’ over point of water, turning the condensation control after RTDI notified them that the
the original chassis frame and original into frost. The APVs’ lack of a defrosting subject noncompliance existed.
vehicle components that were replaced system similarly does not present a
Authority: 49 U.S.C. 30118, 30120:
with modern equipment. RTDI safety concern. The APVs are only delegations of authority at 49 CFR 1.95 and
manufactured the stretch APVs until operated on a seasonal basis and not 501.8.
2005, when RTDI introduced its during the winter months in any
‘‘Truck’’ APVs. The truck APVs are location where the vehicles provide Jeffrey M. Giuseppe,
based on military cargo vehicles. RTDI tours. The APVs, therefore, are not Director, Office of Vehicle Safety Compliance.
has not manufactured any vehicles since operated during or exposed to weather [FR Doc. 2017–17325 Filed 8–15–17; 8:45 am]
2014. conditions that would expose the BILLING CODE 4910–59–P
RTDI described the subject vehicles to frost or create the need to
noncompliance and stated its belief that defrost the windshields. As above, the
the noncompliance is inconsequential operator also has the ability to push DEPARTMENT OF TRANSPORTATION
as it relates to motor vehicle safety. down the center windshield or use the
In support of its petition, RTDI windshield wipers to increase visibility National Highway Traffic Safety
submitted the following reasoning: in the unlikely event of frost. Administration
1. FMVSS No. 103 specifies that 3. From its inception, the Safety Act [Docket No. NHTSA–2017–0038; Notice 1]
‘‘[e]ach vehicle shall have a windshield has included a provision recognizing
defrosting and defogging system.’’ 49 that some noncompliances may pose Ride the Ducks International, LLC,
CFR 571.103, S4(a), S4.1. The purpose little or no actual safety risk. The Safety Receipt of Petition for Decision of
of FMVSS No. 103 is to establish Act exempts manufacturers from their Inconsequential Noncompliance
minimum performance requirements for statutory obligation to provide notice
vehicle windshield defrosting and and remedy upon a determination by AGENCY: National Highway Traffic
defogging systems in order to ensure NHTSA that a noncompliance is Safety Administration (NHTSA),
that the vehicle operator is able to inconsequential to motor vehicle safety. Department of Transportation (DOT).
sufficiently see through the windshield. See 49 U.S.C. 30118(d). In applying this ACTION: Receipt of petition.
The APVs have features that are recognition to particular fact situations,
designed to achieve the same purpose as the agency considers whether the SUMMARY: Ride the Ducks International,
the standard. The APVs’ ‘‘open-air’’ noncompliance gives rise to ‘‘a LLC (RTDI), has determined that certain
design precludes fog from building up significantly greater risk than . . . in a model year (MY) 1996–2014 Ride the
on the windshield. Fog buildup on the compliant vehicle.’’ 69 FR 19897, 19900 Ducks International Stretch Amphibious
interior or exterior of a motor vehicle (April 14, 2000). As described above, passenger vehicles (APVs) do not fully
windshield occurs when water the specialized design of the APVs and comply with Federal Motor Vehicle
condenses on the windshield. For water the vehicles’ pattern of use does not Safety Standard (FMVSS) No. 104,
to condense on a windshield, the air expose the vehicles to conditions that Windshield Wiping and Washing
next to the windshield must be humid could create an increased safety risk Systems. RTDI filed a noncompliance
and the air’s dew point—the when compared to a vehicle that has a information report dated March 15,
temperature to which air must be cooled windshield defrosting and defogging 2017. RTDI also petitioned NHTSA on
to become saturated with water vapor— system installed. April 12, 2017, for a decision that the
must be higher than the windshield’s RTDI concluded by expressing the subject noncompliance is
temperature. In other words, humid and belief that the subject noncompliance is inconsequential as it relates to motor
warm air must surround a cool inconsequential as it relates to motor vehicle safety.
windshield. Because of its open-air vehicle safety, and that its petition to be DATES: The closing date for comments
design, the APVs will not encounter any exempted from providing notification of on the petition is September 15, 2017.
of the physical conditions that create fog the noncompliance, as required by 49 ADDRESSES: Interested persons are
buildup on the windshield. The APVs U.S.C. 30118, and a remedy for the invited to submit written data, views,
do not have solid glass windows in the noncompliance, as required by 49 and arguments on this petition.
passenger compartment and the rear of U.S.C. 30120, should be granted. Comments must refer to the docket and
the vehicle is also open to the air. The NHTSA notes that the statutory notice number cited in the title of this
side panels of the driver’s compartment provisions (49 U.S.C. 30118(d) and notice and submitted by any of the
asabaliauskas on DSKBBXCHB2PROD with NOTICES
are open on both sides of the 30120(h)) that permit manufacturers to following methods:
windshield and the center windshield file petitions for a determination of • Mail: Send comments by mail
can be pushed outward and opened inconsequentiality allow NHTSA to addressed to U.S. Department of
when needed. Because of the APVs’ exempt manufacturers only from the Transportation, Docket Operations, M–
design, the ambient air is able to duties found in sections 30118 and 30, West Building Ground Floor, Room
continually circulate within the interior 30120, respectively, to notify owners, W12–140, 1200 New Jersey Avenue SE.,
of the vehicle, creating no difference purchasers, and dealers of a defect or Washington, DC 20590.
between the temperature or humidity of noncompliance and to remedy the • Hand Delivery: Deliver comments
the air outside and inside the vehicle. In defect or noncompliance. Therefore, any by hand to U.S. Department of
VerDate Sep<11>2014 18:33 Aug 15, 2017 Jkt 241001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\16AUN1.SGM 16AUN1](https://thefederalregister.org/doc/82_FR_39150/page/1.svg)
![38994 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices
Transportation, Docket Operations, M– (FMVSS) No. 104, Windshield Wiping the noncompliance is inconsequential
30, West Building Ground Floor, Room and Washing Systems. RTDI filed a as it relates to motor vehicle safety.
W12–140, 1200 New Jersey Avenue SE., noncompliance information report In support of its petition, RTDI
Washington, DC 20590. The Docket dated March 15, 2017, pursuant to 49 submitted the following reasoning:
Section is open on weekdays from 10 CFR 573, Defect and Noncompliance 1. FMVSS No. 104 specifies, in relevant
a.m. to 5 p.m. except Federal Holidays. Responsibility and Reports. RTDI also part, that ‘‘each . . . [vehicle] shall have a
• Electronically: Submit comments petitioned NHTSA on April 12, 2017, windshield washing system that meets the
electronically by logging onto the pursuant to 49 U.S.C. 30118(d) and requirements of SAE Recommended Practice
Federal Docket Management System 30120(h) and 49 CFR part 556, for an J942 (1965)’’ 49 CFR 571.104, S4(a), S4.2.2.
(FDMS) Web site at https:// exemption from the notification and This FMVSS is designed to ensure that when
www.regulations.gov/. Follow the online remedy requirements of 49 U.S.C. activated, the windshield washing system is
instructions for submitting comments. Chapter 301 on the basis that this capable of reaching a sufficient portion of the
exterior surface of the windshield, as
• Comments may also be faxed to noncompliance is inconsequential as it
designed by the manufacturer. The standard
(202) 493–2251. relates to motor vehicle safety. establishes minimum performance
Comments must be written in the This notice of receipt of RTDI’s requirements for the windshield wiping and
English language, and be no greater than petition is published under 49 U.S.C. washing systems so that the vehicle operator
15 pages in length, although there is no 30118 and 30120 and does not represent is able to sufficiently see through the
limit to the length of necessary any agency decision or other exercise of windshield. The APVs have features installed
attachments to the comments. If judgment concerning the merits of the that are designed to achieve the same
comments are submitted in hard copy petition. purpose as the standard. If there is debris
form, please ensure that two copies are II. Vehicles Involved: Approximately present on the windshield, the driver is able
105 MY 1996–2014 Ride the Ducks to engage the vehicle’s windshield wipers to
provided. If you wish to receive clear the windshield’s exterior surface.
confirmation that comments you have International Stretch APVs,
manufactured between January 1, 1996, Further, the windshield of the APVs have a
submitted by mail were received, please unique design that allows the driver to fully
enclose a stamped, self-addressed and December 31, 2014, are potentially
lower and raise the windshield glass. In the
postcard with the comments. Note that involved. event that the windshield wipers could not
III. Noncompliance: RTDI explained clear the surface of the windshield, the driver
all comments received will be posted
that the noncompliance is that the has the option of lowering the windshield.
without change to https://
subject vehicles were manufactured Under either option, the visibility of the
www.regulations.gov, including any
without a windshield washing system, operator would not be compromised.
personal information provided.
as required by paragraph S4.2.2 of 2. In the water portion of the vehicles’
All comments and supporting tours, the APVs are required to have the
FMVSS No. 104.
materials received before the close of IV. Rule Text: Paragraph S4.2.2 of windshield lowered during operation, per
business on the closing date indicated FMVSS No. 104 states in pertinent part: U.S. Coast Guard regulations. The Coast
above will be filed in the docket and Guard has recognized that in the event of an
will be considered. All comments and S4.2.2 Each multipurpose passenger accident on the water, a raised windshield
vehicle, truck, and bus shall have a could impede passenger egress.
supporting materials received after the windshield washing system that meets the
closing date will also be filed and will Consequently, the Coast Guard has issued
requirements of SAE Recommended Practice guidance which provides that the
be considered to the fullest extent J942 (1965) (incorporated by reference, see
possible. windshields of APVs be ‘‘designed to fold
§ 571.5), except that the reference to ‘‘the
down with minimal force to allow egress.’’
When the petition is granted or effective wipe pattern defined in SAE J903,
U.S. Coast Guard Navigation and Inspection
denied, notice of the decision will also paragraph 3.1.2’’ in paragraph 3.1 of SAE
Circular (NVIC) 1–01, inspection of
be published in the Federal Register Recommended Practice J942 (1965) shall be
deleted and ‘‘the pattern designed by the Amphibious Passenger Carrying Vehicles,
pursuant to the authority indicated at p.24. Further, the APV’s exteriors, including
manufacturer for the windshield wiping
the end of this notice. system on the exterior surface of the the windshields, are washed after each tour,
All comments, background windshield glazing’’ shall be inserted in lieu removing any debris that may have
documentation, and supporting thereof. accumulated during the last tour.
materials submitted to the docket may 3. From its inception, the Safety Act has
V. Summary of RTDI’s Petition: As included a provision recognizing that some
be viewed by anyone at the address and background, in 1996, RTDI began to noncompliances may pose little or no actual
times given above. The documents may produce APVs. The original safety risk. The Safety Act exempts
also be viewed on the Internet at https:// Amphibious Passenger vehicles (APVs) manufacturers from their statutory obligation
www.regulations.gov by following the are based on military vehicles that were to provide notice and remedy upon a
online instructions for accessing the capable of operation over both land and determination by NHTSA that a
dockets. The docket ID number for this water. The ‘‘Stretch’’ APVs were noncompliance is inconsequential to motor
petition is shown in the heading of this vehicle safety. See 49 U.S.C. 30118(d). In
refurbished by RTDI in accordance with applying this recognition to particular fact
notice. state and U.S. Coast Guard rules and
DOT’s complete Privacy Act situations, the agency considers whether the
regulations. These vehicles have noncompliance gives rise to ‘‘a significantly
Statement is available for review in a renewed hulls that are ‘‘stretched’’ over greater risk than . . . in a compliant
Federal Register notice published on the original chassis frame and original vehicle.’’ 69 FR 19897, 19900 (April 14,
April 11, 2000, (65 FR 19477–78). vehicle components that were replaced 2000). As described above, the specialized
asabaliauskas on DSKBBXCHB2PROD with NOTICES
SUPPLEMENTARY INFORMATION: with modern equipment. RTDI design of the APVs and the vehicles’ pattern
I. Overview: Ride the Ducks manufactured the stretch APVs until of use does not expose the vehicles to
International, LLC (RTDI), has 2005, when RTDI introduced its conditions that could create an increased
determined that certain model year ‘‘Truck’’ APVs. The truck APVs are safety risk when compared to a vehicle that
(MY) 1996–2014 Ride the Ducks has a windshield washing system installed.
based on military cargo vehicles. RTDI
International Stretch Amphibious has not manufactured any vehicles since RTDI concluded by expressing the
passenger vehicles (APVs) do not fully 2014. belief that the subject noncompliance is
comply with paragraph S4.2.2 of RTDI described the subject inconsequential as it relates to motor
Federal Motor Vehicle Safety Standard noncompliance and stated its belief that vehicle safety, and that its petition to be
VerDate Sep<11>2014 18:33 Aug 15, 2017 Jkt 241001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\16AUN1.SGM 16AUN1](https://thefederalregister.org/doc/82_FR_39150/page/2.svg)
![Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 38995
exempted from providing notification of ADDRESSES: Interested persons are petition is shown in the heading of this
the noncompliance, as required by 49 invited to submit written data, views, notice.
U.S.C. 30118, and a remedy for the and arguments on this petition. DOT’s complete Privacy Act
noncompliance, as required by 49 Comments must refer to the docket and Statement is available for review in a
U.S.C. 30120, should be granted. notice number cited in the title of this Federal Register notice published on
NHTSA notes that the statutory notice and submitted by any of the April 11, 2000, (65 FR 19477–78).
provisions (49 U.S.C. 30118(d) and following methods:
SUPPLEMENTARY INFORMATION:
30120(h)) that permit manufacturers to • Mail: Send comments by mail
file petitions for a determination of addressed to U.S. Department of I. Overview: Autocar Industries has
inconsequentiality allow NHTSA to Transportation, Docket Operations, M– determined that certain MY 2014–2018
exempt manufacturers only from the 30, West Building Ground Floor, Room Autocar Xspotter trucks do not fully
duties found in sections 30118 and W12–140, 1200 New Jersey Avenue SE., comply with Table 2 of Federal Motor
30120, respectively, to notify owners, Washington, DC 20590. Vehicle Safety Standard (FMVSS) No.
purchasers, and dealers of a defect or • Hand Delivery: Deliver comments 101, Controls and Displays. Autocar
noncompliance and to remedy the by hand to U.S. Department of Industries filed a noncompliance report
defect or noncompliance. Therefore, any Transportation, Docket Operations, M– dated June 12, 2017, pursuant to CFR
decision on this petition only applies to 30, West Building Ground Floor, Room part 573, Defect and Noncompliance
the subject vehicles that RTDI no longer W12–140, 1200 New Jersey Avenue SE., Responsibility and Reports, and
controlled at the time it determined that Washington, DC 20590. The Docket petitioned NHTSA on June 19, 2017,
the noncompliance existed. However, Section is open on weekdays from 10 pursuant to 49 U.S.C. 30118(d) and
any decision on this petition does not a.m. to 5 p.m. except Federal Holidays. 30120(h) and 49 CFR part 556, for an
relieve vehicle distributors and dealers • Electronically: Submit comments exemption from the notification and
of the prohibitions on the sale, offer for electronically by logging onto the remedy requirements of 49 U.S.C.
sale, or introduction or delivery for Federal Docket Management System Chapter 301 on the basis that this
introduction into interstate commerce of (FDMS) Web site at https:// noncompliance is inconsequential as it
the noncompliant vehicles under their www.regulations.gov/. Follow the online relates to motor vehicle safety.
control after RTDI notified them that the instructions for submitting comments. This notice of receipt of their petition
subject noncompliance existed. • Comments may also be faxed to is published under 49 U.S.C. 30118 and
(202) 493–2251. 30120 and does not represent any
Authority: 49 U.S.C. 30118, 30120: Comments must be written in the agency decision or other exercise of
delegations of authority at 49 CFR 1.95 and English language, and be no greater than
501.8. judgment concerning the merits of the
15 pages in length, although there is no petition.
Jeffrey M. Giuseppe, limit to the length of necessary II. Vehicles Involved: Approximately
Director, Office of Vehicle Safety Compliance. attachments to the comments. If 644 MY 2014–2018 Autocar Xspotter
[FR Doc. 2017–17326 Filed 8–15–17; 8:45 am] comments are submitted in hard copy trucks, manufactured between
BILLING CODE 4910–59–P
form, please ensure that two copies are September 12, 2013 and August 4, 2017,
provided. If you wish to receive are potentially involved.
confirmation that comments you have III. Noncompliance: Autocar
DEPARTMENT OF TRANSPORTATION submitted by mail were received, please Industries explains that the
enclose a stamped, self-addressed noncompliance is that the Low Brake
National Highway Traffic Safety postcard with the comments. Note that Air Pressure telltale for air brake
Administration all comments received will be posted systems displays the word ‘‘BRAKE
[Docket No. NHTSA–2017–0063]
without change to https:// PRESSURE’’ and the Canadian Motor
www.regulations.gov, including any Vehicle Safety Standard (CMVSS) 101
Autocar Industries, LLC, Receipt of personal information provided. specified symbol, rather than the words
Petition for Decision of All comments and supporting
‘‘Brake Air,’’ as specified in Table 2 of
Inconsequential Noncompliance materials received before the close of
FMVSS No. 101. Autocar Industries
business on the closing date indicated
AGENCY: National Highway Traffic states that the telltale is accompanied by
above will be filed in the docket and
Safety Administration (NHTSA), an audible alert and pressure gauges.
will be considered. All comments and
Department of Transportation (DOT). supporting materials received after the IV. Rule Text: Paragraph S5 of FMVSS
ACTION: Receipt of petition. closing date will also be filed and will No. 101 provides: ‘‘Each passenger car,
be considered to the fullest extent multipurpose passenger vehicle, truck
SUMMARY: Autocar Industries, LLC possible. and bus that is fitted with a control, a
(Autocar Industries), has determined When the petition is granted or telltale, or an indicator listed in Table
that certain model year (MY) 2014–2018 denied, notice of the decision will also 1 or Table 2 must meet the requirements
Autocar Xspotter trucks do not fully be published in the Federal Register of this standard for the location,
comply with Federal Motor Vehicle pursuant to the authority indicated at identification, color, and illumination of
Safety Standard (FMVSS) No. 101, the end of this notice. that control, telltale or indicator.’’
Controls and Displays. Autocar All comments, background Paragraph S5.2.1 of FMVSS No. 101
Industries filed a noncompliance report provides, in pertinent part: ‘‘. . . each
asabaliauskas on DSKBBXCHB2PROD with NOTICES
documentation, and supporting
dated June 12, 2017, and subsequently materials submitted to the docket may control, telltale and indicator that is
petitioned NHTSA on June 19, 2017, for be viewed by anyone at the address and listed in column 1 of Table 1 or Table
a decision that the subject times given above. The documents may 2 must be identified by the symbol
noncompliance is inconsequential as it also be viewed on the Internet at https:// specified for it in column 2 or the word
relates to motor vehicle safety. www.regulations.gov by following the or abbreviation specified for it in
DATES: The closing date for comments online instructions for accessing the column 3 of Table 1 or Table 2.’’
on the petition is September 15, 2017. dockets. The docket ID number for this Table 2 appears as follows:
VerDate Sep<11>2014 18:33 Aug 15, 2017 Jkt 241001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\16AUN1.SGM 16AUN1](https://thefederalregister.org/doc/82_FR_39150/page/3.svg)
Document Created: 2017-08-16 10:27:00
Document Modified: 2017-08-16 10:27:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of petition. | |
| Dates | The closing date for comments on the petition is September 15, 2017. | |
| FR Citation | 82 FR 38993 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR