82 FR 38995 - Autocar Industries, 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 | 38995-38997 | |
| FR Document | 2017-17329 |
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)] [Notices] [Pages 38995-38997] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17329] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2017-0063] Autocar Industries, 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: Autocar Industries, LLC (Autocar Industries), has determined that certain model year (MY) 2014-2018 Autocar Xspotter trucks do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. Autocar Industries filed a noncompliance report dated June 12, 2017, and subsequently petitioned NHTSA on June 19, 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 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: Autocar Industries has determined that certain MY 2014-2018 Autocar Xspotter trucks do not fully comply with Table 2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. Autocar Industries filed a noncompliance report dated June 12, 2017, pursuant to CFR part 573, Defect and Noncompliance Responsibility and Reports, and petitioned NHTSA on June 19, 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 their 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 644 MY 2014-2018 Autocar Xspotter trucks, manufactured between September 12, 2013 and August 4, 2017, are potentially involved. III. Noncompliance: Autocar Industries explains that the noncompliance is that the Low Brake Air Pressure telltale for air brake systems displays the word ``BRAKE PRESSURE'' and the Canadian Motor Vehicle Safety Standard (CMVSS) 101 specified symbol, rather than the words ``Brake Air,'' as specified in Table 2 of FMVSS No. 101. Autocar Industries states 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.'' Table 2 appears as follows: [[Page 38996]] [GRAPHIC] [TIFF OMITTED] TN16AU17.000 V. Summary of Petition: Autocar Industries 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, Autocar Industries submitted the following reasoning: (a) Autocar Industries 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 words ``BRAKE PRESSURE'' instead of ``BRAKE AIR,'' the CMVSS required symbol, 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 GVWR in the application of the standard is that drivers of heavier vehicles need to see and identify their displays, just like drivers of lighter vehicles. See 70 FR 48295, 48298 (Aug. 17, 2005). Drivers of commercial vehicles conduct pre-trip daily inspections. For vehicles with pneumatic brake systems, the in-cab air brake checks for warning light and buzzer, at 60 PSI, would familiarize the driver with the specific telltale displayed and audible warning in the event a low-air condition occurred during operation. (c) There are two scenarios when a low brake air pressure condition would exist: A parked vehicle and a moving vehicle. In both conditions, the driver would be alerted to a low-air condition by the following means: Red contrasting color of the telltale indicating ``BRAKE PRESSURE'' Audible alert to the driver as long as the vehicle has low air Air pressure gauges for the primary and secondary air reservoirs clearly indicating the level of air pressure in the system Red contrasting color on the air gauges indicating pressure below 60 PSI The functionality of both the parking brake system and the service brake system remains unaffected by using ``BRAKE PRESSURE'' instead of ``Brake Air'' for the telltale in the subject vehicles. (d) NHTSA Precedents--Autocar Industries notes that NHTSA has [[Page 38997]] 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); Docket No. NHTSA-2014-0046, 79 FR 78559 (December 30, 2014) (grant of petition for Chrysler Group, LLC); and Docket No. NHTSA-2016-0103, 82 FR 17084 (April 7, 2017) (grant of petition for Daimler Trucks North America). In all of these instances, the vehicles at issue did not have the exact requirements listed in FMVSS No. 101 table 2. The available warnings were deemed sufficient to provide the necessary driver warning. Autocar Industries respectfully suggests that the same is true for the subject vehicles: The red ``BRAKE PRESSURE'' telltale, the audible alert, and the contrasting colors on the air pressure gauges are fully sufficient to warn the driver of a low brake air pressure situation. Autocar Industries 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. To view Autocar Industries' petition analyses in its entirety you can visit https://www.regulations.gov by following the online instructions for accessing the dockets and by using the docket ID number for this petition shown in the heading of this notice. 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 Autocar Industries 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 Autocar Industries 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. 2017-17329 Filed 8-15-17; 8:45 am] BILLING CODE 4910-59-P
![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_39152/page/1.svg)
![Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 38997
previously granted petitions for Authority: 49 U.S.C. 30118, 30120: Comments must be written in the
decisions of inconsequential delegations of authority at 49 CFR 1.95 and English language, and be no greater than
noncompliance for similar brake telltale 501.8. 15 pages in length, although there is no
issues. See Docket No. NHTSA–2012– Jeffrey M. Giuseppe, limit to the length of necessary
0004, 78 FR 69931 (November 21, 2013) Director, Office of Vehicle Safety Compliance. attachments to the comments. If
(grant of petition for Ford Motor [FR Doc. 2017–17329 Filed 8–15–17; 8:45 am]
comments are submitted in hard copy
Company); Docket No. NHTSA–2014– form, please ensure that two copies are
BILLING CODE 4910–59–P
0046, 79 FR 78559 (December 30, 2014) provided. If you wish to receive
(grant of petition for Chrysler Group, confirmation that comments you have
LLC); and Docket No. NHTSA–2016– DEPARTMENT OF TRANSPORTATION submitted by mail were received, please
0103, 82 FR 17084 (April 7, 2017) (grant enclose a stamped, self-addressed
of petition for Daimler Trucks North National Highway Traffic Safety postcard with the comments. Note that
America). In all of these instances, the Administration all comments received will be posted
vehicles at issue did not have the exact without change to https://
[Docket No. NHTSA–2017–0064]
requirements listed in FMVSS No. 101 www.regulations.gov, including any
table 2. The available warnings were Autocar Industries, LLC, Receipt of personal information provided.
deemed sufficient to provide the Petition for Decision of All comments and supporting
necessary driver warning. Autocar Inconsequential Noncompliance materials received before the close of
Industries respectfully suggests that the business on the closing date indicated
same is true for the subject vehicles: The AGENCY: National Highway Traffic above will be filed in the docket and
red ‘‘BRAKE PRESSURE’’ telltale, the Safety Administration (NHTSA), will be considered. All comments and
audible alert, and the contrasting colors Department of Transportation (DOT). supporting materials received after the
on the air pressure gauges are fully ACTION: Receipt of petition. closing date will also be filed and will
sufficient to warn the driver of a low be considered to the fullest extent
brake air pressure situation. SUMMARY: Autocar Industries, LLC possible.
(Autocar Industries), has determined When the petition is granted or
Autocar Industries concluded by that certain model year (MY) 2014–2018 denied, notice of the decision will also
expressing the belief that the subject Autocar Xpert trucks do not fully be published in the Federal Register
noncompliance is inconsequential as it comply with Federal Motor Vehicle pursuant to the authority indicated at
relates to motor vehicle safety, and that Safety Standard (FMVSS) No. 101, the end of this notice.
its petition to be exempted from Controls and Displays. Autocar All comments, background
providing notification of the Industries filed a noncompliance report documentation, and supporting
noncompliance, as required by 49 dated June 12, 2017, and subsequently materials submitted to the docket may
U.S.C. 30118, and a remedy for the petitioned NHTSA on June 19, 2017, for be viewed by anyone at the address and
noncompliance, as required by 49 a decision that the subject times given above. The documents may
U.S.C. 30120, should be granted. noncompliance is inconsequential as it also be viewed on the Internet at https://
To view Autocar Industries’ petition relates to motor vehicle safety. www.regulations.gov by following the
analyses in its entirety you can visit DATES: The closing date for comments online instructions for accessing the
https://www.regulations.gov by on the petition is September 15, 2017. dockets. The docket ID number for this
following the online instructions for ADDRESSES: Interested persons are petition is shown in the heading of this
accessing the dockets and by using the invited to submit written data, views, notice.
docket ID number for this petition and arguments on this petition. DOT’s complete Privacy Act
shown in the heading of this notice. Comments must refer to the docket and Statement is available for review in a
NHTSA notes that the statutory notice number cited in the title of this Federal Register notice published on
provisions (49 U.S.C. 30118(d) and notice and submitted by any of the April 11, 2000, (65 FR 19477–78).
30120(h)) that permit manufacturers to following methods: SUPPLEMENTARY INFORMATION:
file petitions for a determination of • Mail: Send comments by mail I. Overview: Autocar Industries has
inconsequentiality allow NHTSA to addressed to U.S. Department of determined that certain MY 2014–2018
exempt manufacturers only from the Transportation, Docket Operations, M– Autocar Xpert trucks do not fully
duties found in sections 30118 and 30, West Building Ground Floor, Room comply with Table 2 of Federal Motor
30120, respectively, to notify owners, W12–140, 1200 New Jersey Avenue SE., Vehicle Safety Standard (FMVSS) No.
purchasers, and dealers of a defect or Washington, DC 20590. 101, Controls and Displays. Autocar
noncompliance and to remedy the • Hand Delivery: Deliver comments Industries filed a noncompliance report
defect or noncompliance. Therefore, any by hand to U.S. Department of dated June 12, 2017, pursuant to CFR
decision on this petition only applies to Transportation, Docket Operations, M– part 573, Defect and Noncompliance
the subject vehicles that Autocar 30, West Building Ground Floor, Room Responsibility and Reports, and
Industries no longer controlled at the W12–140, 1200 New Jersey Avenue SE., petitioned NHTSA on June 19, 2017,
time it determined that the Washington, DC 20590. The Docket pursuant to 49 U.S.C. 30118(d) and
noncompliance existed. However, any Section is open on weekdays from 10 30120(h) and 49 CFR part 556, for an
asabaliauskas on DSKBBXCHB2PROD with NOTICES
decision on this petition does not a.m. to 5 p.m. except Federal Holidays. exemption from the notification and
relieve vehicle distributors and dealers • Electronically: Submit comments remedy requirements of 49 U.S.C.
of the prohibitions on the sale, offer for electronically by logging onto the Chapter 301 on the basis that this
sale, or introduction or delivery for Federal Docket Management System noncompliance is inconsequential as it
introduction into interstate commerce of (FDMS) Web site at https:// relates to motor vehicle safety.
the noncompliant vehicles under their www.regulations.gov/. Follow the online This notice of receipt of their petition
control after Autocar Industries notified instructions for submitting comments. is published under 49 U.S.C. 30118 and
them that the subject noncompliance • Comments may also be faxed to 30120 and does not represent any
existed. (202) 493–2251. agency decision or other exercise of
VerDate Sep<11>2014 18:33 Aug 15, 2017 Jkt 241001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\16AUN1.SGM 16AUN1](https://thefederalregister.org/doc/82_FR_39152/page/3.svg)
Document Created: 2017-08-16 10:27:02
Document Modified: 2017-08-16 10:27:02
| 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 38995 |
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