82 FR 38999 - Autocar, 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)

Page Range		38999-39001
FR Document		2017-17331

Autocar, LLC (Autocar), has determined that certain model year (MY) 2014-2018 Autocar Xpeditor trucks do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. Autocar filed a noncompliance report dated June 14, 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.

Federal Register, Volume 82 Issue 157 (Wednesday, August 16, 2017)

[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Notices]
[Pages 38999-39001]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-17331]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0065]

Autocar, LLC, Receipt of Petition for Decision of Inconsequential
Noncompliance

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

ACTION: Receipt of petition.

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SUMMARY: Autocar, LLC (Autocar), has determined that certain model year
(MY) 2014-2018 Autocar Xpeditor trucks do not fully comply with Federal
Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays.
Autocar filed a noncompliance report dated June 14, 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

[[Page 39000]]

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, LLC (Autocar), has determined that certain MY
2014-2018 Autocar Xpeditor trucks do not fully comply with Table 2 of
Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and
Displays. Autocar filed a noncompliance report dated June 14, 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 5,545 MY 2014-2018 Autocar
Xpeditor trucks, manufactured between September 3, 2013 and June 2,
2017, are potentially involved.
III. Noncompliance: Autocar explains that the noncompliance is that
the Low Brake Air Pressure telltale for air brake system 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 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:
[GRAPHIC] [TIFF OMITTED] TN16AU17.002

[[Page 39001]]

V. Summary of Autocar's Petition: Autocar 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 submitted the following
reasoning:
(a) Autocar 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
could 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 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);
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
Federal Register 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 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 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's 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 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
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. 2017-17331 Filed 8-15-17; 8:45 am]
BILLING CODE 4910-59-P

Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 39001

V. Summary of Autocar’s Petition: similar brake telltale issues. See Docket Authority: 49 U.S.C. 30118, 30120:
Autocar described the subject No. NHTSA–2012–0004, 78 FR 69931 delegations of authority at 49 CFR 1.95 and
noncompliance and stated its belief that 501.8.
(November 21, 2013) (grant of petition
the noncompliance is inconsequential for Ford Motor Company); Docket No. Jeffrey M. Giuseppe,
as it relates to motor vehicle safety. NHTSA–2014–0046, 79 FR 78559 Director, Office of Vehicle Safety Compliance.
In support of its petition, Autocar (December 30, 2014) (grant of petition [FR Doc. 2017–17331 Filed 8–15–17; 8:45 am]
submitted the following reasoning: for Chrysler Group, LLC); and Docket BILLING CODE 4910–59–P
(a) Autocar notes that the purpose of No. NHTSA–2016–0103, 82 Federal
the low brake air pressure telltale is to Register 17084 (April 7, 2017) (grant of
alert the driver to a low air condition, petition for Daimler Trucks North
consistent with the requirements of DEPARTMENT OF VETERANS
America). In all of these instances, the AFFAIRS
FMVSS No. 121, S5.1.5 (warning
vehicles at issue did not have the exact
signal). The words ‘‘BRAKE Advisory Committee: VA National
PRESSURE’’ instead of ‘‘Brake Air,’’ the requirements listed in FMVSS No. 101
table 2. The available warnings were Academic Affiliations Council Notice of
CMVSS required symbol, and an Meeting
audible alert that occurs in the subject deemed sufficient to provide the
vehicles would alert the driver to an air necessary driver warning. Autocar The Department of Veterans Affairs
issue with the brake system. Once respectfully suggests that the same is (VA) gives notice under the Federal
alerted, the driver can check the actual true for the subject vehicles: the red Advisory Committee Act that the VA
air pressure by reading the primary and ‘‘BRAKE PRESSURE’’ telltale, the National Academic Affiliations Council
secondary air gauges and seeing the audible alert, and the contrasting colors (NAAC) will meet via conference call on
contrasting color on the gauges on the air pressure gauges are fully September 12, 2017, from 11:00 a.m. to
indicating low pressure. sufficient to warn the driver of a low 1:00 p.m. EST. The meeting is open to
(b) NHTSA stated in a 2005 FMVSS brake air pressure situation. the public.
No. 101 rulemaking that the reason for The purpose of the Council is to
Autocar concluded by expressing the advise the Secretary on matters affecting
including vehicles over 10,000 pounds belief that the subject noncompliance is
GVWR in the application of the partnerships between VA and its
inconsequential as it relates to motor academic affiliates.
standard is that drivers of heavier vehicle safety, and that its petition to be
vehicles need to see and identify their On September 12, 2017, the Council
exempted from providing notification of will explore current regulatory
displays just like drivers of lighter
the noncompliance, as required by 49 proposals to limit the duration of
vehicles. See 70 FR 48295, 48298 (Aug.
17, 2005). Drivers of commercial U.S.C. 30118, and a remedy for the administrative leave available to Federal
vehicles conduct pre-trip daily noncompliance, as required by 49 employees and the possible impact on
inspections. For vehicles with U.S.C. 30120, should be granted. VA’s educational mission; discuss the
To view Autocar’s petition analyses in prohibition on VA employees engaging
pneumatic brake systems, the in-cab air
in teaching activities with for-profit
brake checks for warning light and its entirety you can visit https://
educational institutions; prioritize
buzzer, at 60 PSI, would familiarize the www.regulations.gov by following the
previous Council recommendations for
driver with the specific telltale online instructions for accessing the renewed policy focus; and receive
displayed and audible warning in the dockets and by using the docket ID updates on: VA’s graduate medical
event a low-air condition occurred number for this petition shown in the education expansion initiative, the
during operation. heading of this notice. NAAC’s Diversity and Inclusion
(c) There are two scenarios when a
NHTSA notes that the statutory Subcommittee, and VA’s August 2017
low brake air pressure condition could
provisions (49 U.S.C. 30118(d) and Health Professions Education Summit in
exist: A parked vehicle and a moving
30120(h)) that permit manufacturers to Iron Mountain, MI. The Council will
vehicle. In both conditions, the driver
file petitions for a determination of receive public comments from 12:45
would be alerted to a low-air condition
inconsequentiality allow NHTSA to p.m. to 1:00 p.m. EST.
by the following means: Interested persons may attend and/or
• Red contrasting color of the telltale exempt manufacturers only from the
duties found in sections 30118 and present oral statements to the Council.
indicating ‘‘BRAKE PRESSURE’’ The dial in number to attend the
• Audible alert to the driver as long as 30120, respectively, to notify owners,
conference call is: 1–800–767–1750. At
the vehicle has low air purchasers, and dealers of a defect or
the prompt, enter access code 45206
• Air pressure gauges for the primary noncompliance and to remedy the then press #. Individuals seeking to
and secondary air reservoirs clearly defect or noncompliance. Therefore, any present oral statements are invited to
indicating the level of air pressure in decision on this petition only applies to submit a 1–2 page summary of their
the system the subject vehicles that Autocar no comments at the time of the meeting for
• Red contrasting color on the air longer controlled at the time it inclusion in the official meeting record.
gauges indicating pressure below 60 determined that the noncompliance Oral presentations will be limited to five
PSI existed. However, any decision on this minutes or less, depending on the
The functionality of both the parking petition does not relieve vehicle number of participants. Additionally,
distributors and dealers of the
asabaliauskas on DSKBBXCHB2PROD with NOTICES

brake system and the service brake interested parties may also provide
system remains unaffected by using prohibitions on the sale, offer for sale, written comments for review by the
‘‘BRAKE PRESSURE’’ instead of ‘‘Brake or introduction or delivery for Council prior to the meeting or at any
Air’’ for the telltale in the subject introduction into interstate commerce of time, via email to Steve.Trynosky@
vehicles. the noncompliant vehicles under their va.gov, or by mail to Stephen K.
(d) NHTSA Precedents—Autocar control after Autocar notified them that Trynosky J.D., M.P.H., M.M.A.S.,
notes that NHTSA has previously the subject noncompliance existed. Designated Federal Officer, Office of
granted petitions for decisions of Academic Affiliations (10A2D), 810
inconsequential noncompliance for Vermont Avenue NW., Washington, DC

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Document Created: 2017-08-16 10:26:51
Document Modified: 2017-08-16 10:26:51

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 38999

82 FR 38999 - Autocar, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 82, Issue 157 (August 16, 2017)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration