82 FR 5638 - PACCAR, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 11 (January 18, 2017)

Page Range		5638-5639
FR Document		2017-01003

PACCAR, Inc. (PACCAR), has determined that certain Peterbilt and Kenworth trucks do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective devices, and Associated Equipment. PACCAR filed a noncompliance report dated June 11, 2015, that was later revised on June 12, 2015. PACCAR also petitioned NHTSA on July 9, 2015, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 11 (Wednesday, January 18, 2017)

[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5638-5639]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01003]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0075; Notice 2]


PACCAR, Inc., Grant of Petition for Decision of Inconsequential 
Noncompliance

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

ACTION: Grant of petition.

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SUMMARY: PACCAR, Inc. (PACCAR), has determined that certain Peterbilt 
and Kenworth trucks do not fully comply with Federal Motor Vehicle 
Safety Standard (FMVSS) No. 108, Lamps, Reflective devices, and 
Associated Equipment. PACCAR filed a noncompliance report dated June 
11, 2015, that was later revised on June 12, 2015. PACCAR also 
petitioned NHTSA on July 9, 2015, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety.

ADDRESSES: For further information on this decision contact Mike Cole, 
Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-2334, facsimile 
(202) 366-5930.

SUPPLEMENTARY INFORMATION: 

I. Overview

    PACCAR, Inc. (PACCAR), has determined that certain Peterbilt and

[[Page 5639]]

Kenworth trucks do not fully comply with paragraph S9.3.2 of Federal 
Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective 
devices, and Associated Equipment. PACCAR filed a noncompliance report 
dated June 11, 2015, that was later revised on June 12, 2015, pursuant 
to 49 CFR part 573, Defect and Noncompliance Responsibility and 
Reports. PACCAR also petitioned NHTSA on July 9, 2015, pursuant to 49 
U.S.C. 30118(d) and 30120(h) (see implementing rule at 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 to motor vehicle safety.
    Notice of receipt of PACCAR's petition was published, with a 30-day 
public comment period, on September 25, 2015 in the Federal Register 
(80 FR 57911). One comment was received. To view the petition, comments 
and all supporting documents log onto the Federal Docket Management 
System (FDMS) Web site at: http://www.regulations.gov/. Then follow the 
online search instructions to locate docket number ``NHTSA-2015-0075.''

II. Trucks Involved

    Affected are approximately 197 MY 2015-2016 Kenworth K270 and K370 
manufactured between November 11, 2014 and March 18, 2015 and MY 2015-
2016 Peterbilt 220 manufactured between November 10, 2014 and March 18, 
2015.

III. Noncompliance

    PACCAR explains that due to a programming error in the cab 
controller software in the subject trucks, the turn signal pilot 
indicator located on the instrument panel flashes twice as fast as the 
turn signals flash, and therefore does not meet the requirements of 
paragraph S9.3.2 of FMVSS No. 108.

IV. Rule Text

    Paragraph S9.3.2 of FMVSS No. 108 requires in pertinent part


    S9.3.2 The indicator must consist of one or more lights flashing 
at the same frequency as the turn signal lamps.

V. Summary of PACCAR's Position

    PACCAR stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety. PACCAR states that the purpose 
of the turn signal pilot indicator is to assure that the vehicle 
operator can determine whether the turn signal system is activated. 
Thus, PACCAR believes that the pilot indicators in the subject trucks 
fully accomplishes that purpose; i.e., they flash when the turn signal 
is activated, and they cease flashing when the turn signal is 
deactivated (either manually or automatically).
    PACCAR reviewed the agency's decisions on petitions for 
inconsequentiality in connection with various noncompliances with turn 
signal requirements. While PACCAR did not find any prior decisions that 
are similar to this noncompliance, PACCAR believes that NHTSA has 
granted previous petitions in connection with turn signal noncompliance 
that carried potentially greater safety risks.
    PACCAR is not aware of any crashes or injuries associated with the 
noncompliance and it has not received any consumer complaints or 
warranty claims related to this issue.
    PACCAR additionally informed NHTSA that after the noncompliance was 
discovered, all production of the noncompliant trucks in PACCAR's 
possession was put on hold until the software error could be corrected.
    In summation, PACCAR believes that the described noncompliance of 
the subject trucks is inconsequential to motor vehicle safety, and that 
its petition, to exempt PACCAR from providing recall notification of 
noncompliance as required by 49 U.S.C. 30118 and remedying the recall 
noncompliance as required by 49 U.S.C. 30120 should be granted.

NHTSA's Decision

    Comments Received: One comment was received from Mr. Bryan Branson 
who supported granting this petition. Mr. Branson explained that 
because the in-cab warning to the driver is there and working, this 
noncompliance causes no safety hazard to the motoring public. Mr. 
Branson also believed that a recall for this issue would be a costly 
and difficult burden to the truck owner if they had to take the unit 
out of service to repair this issue.
    NHTSA's Analysis: As noted by PACCAR, the (exterior mounted) turn 
signal lamps on the affected vehicles comply with all requirements of 
FMVSS No. 108. As such, surrounding traffic and pedestrians would be 
unaffected by the noncompliance and would be notified of the driver's 
intention to make a turn when the affected vehicle's turn signals are 
activated. The person solely affected by the noncompliance would be the 
individual driver of the vehicle. When the turn signal lamps are 
activated, the driver will still be receiving the required notification 
that the vehicle's turn signals are flashing, albeit at twice the 
required rate. This could be seen as a minor annoyance to the driver; 
however, the agency does not believe that this would distract the 
driver or cause the driver to refrain from using the turn signal lamps 
to indicate his intention to turn. Thus, the agency does not believe 
that this is a safety issue.
    Further, PACCAR indicated that most of the trucks in this 
population are covered by another recall (15V-206) and the remedy for 
that recall will include a software reflash that will correct the turn 
signal indicator lamp flash rate at the same time. As such, we believe 
that truck owners will be afforded a correction for this issue at their 
truck's next service visit or when receiving the remedy to the 
aforementioned recall.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that PACCAR has met its burden of persuasion that the subject FMVSS No. 
108 noncompliance is inconsequential to motor vehicle safety. 
Accordingly, PACCAR's petition is hereby granted and PACCAR is exempted 
from the obligation of providing notification of, and remedy for the 
subject noncompliance.
    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 PACCAR 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 PACCAR 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. 2017-01003 Filed 1-17-17; 8:45 am]
 BILLING CODE 4910-59-P

5638 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices

relies on the best available data and programmatic scale due to its location- compliance. FTA will continue to
tools to estimate the GHG emissions specific nature. Transit agencies that evaluate the Programmatic Assessment
associated with transit projects. Where wish to include the GHG emission and Estimator Tool to make
available, the Programmatic Assessment benefits associated with the land use improvements that will provide better
uses conservative emission estimates for effect of transit may do so in NEPA estimates of GHG emissions for transit
construction-related activities that documents. For example, agencies could projects. FTA is making available the
involved direct and indirect use the results generated by the Land final Programmatic Assessment at this
emissions—electricity use and sources Use Benefit Calculator and add it to the time, however, so that it is available for
of construction materials. For example, results generated using the Estimator incorporation by reference in NEPA
the Estimator Tool’s underground track Tool. FTA notes that including a land documents going forward while FTA
construction emissions factor use component, if possible for a national continues to make improvements. FTA
corresponding to ICE’s most Programmatic Assessment, would in is also making available its Estimator
conservative emissions estimate. The most cases reduce the predicted GHG Tool for transit agencies that wish to
emissions factors associated with in the emissions that can be attributed to have a more tailored estimate of
Estimator Tool for electrically powered transit projects. emissions or for which a project differs
vehicles use the ‘‘U.S. Mix’’ region from On the fourth general point, FTA substantially from those used to create
the Environmental Protection Agency’s notes that the Programmatic Assessment the Programmatic Assessment.
(EPA’s) eGRID2012, which represents an does not specify the methodology that a
Authority: 42 U.S.C. 4321, et seq.; 40 CFR
average value for the country. EPA’s transit agency should use to generate 1507.3; 49 CFR 1.81(a)(5).
eGRID also provides GHG emission data travel forecasts. The sample of transit
at the sub-region level, which reflect projects analyzed in the Programmatic Lucy Garliauskas,
more region-specific electricity Assessment included 36 transit projects Associate Administrator, Office of Planning
generation. The Programmatic that applied for funding through the 49 and Environment, Federal Transit
U.S.C. 5309 Capital Investment Grants Administration.
Assessment (Appendix B) and the
associated Estimator Tool include the (CIG) Program. As part of the CIG [FR Doc. 2017–00918 Filed 1–17–17; 8:45 am]
eGRID sub-region electricity emission program, each project developed and BILLING CODE P

factors, which reflect more region- submitted travel forecast information,
specific electricity generation. While including displaced VMT, using one of
FTA understands the issue related to the following approaches: Region-wide DEPARTMENT OF TRANSPORTATION
litigation due to data quality issues, the travel models; incremental data-driven
methods; or FTA’s Simplified Trips-on- National Highway Traffic Safety
Programmatic Assessment is a capture Administration
in time of the best available data. FTA’s Project Software (STOPS). FTA’s
Programmatic Assessment also Programmatic Assessment cannot [Docket No. NHTSA–2015–0075; Notice 2]
establishes the methodology used to include revised methodology
derive GHG emissions factors that may incorporating the Land Use Benefit PACCAR, Inc., Grant of Petition for
be replicated by transit agencies using Calculator or STOPS because neither Decision of Inconsequential
locally available data sets in the can be developed on a programmatic Noncompliance
Estimator Tool. Lastly, FTA would note scale. Transit agencies that choose to
calculate GHG emissions for a project AGENCY: National Highway Traffic
that the GHG emissions provide a Safety Administration (NHTSA),
can choose the method for calculating
conservative understanding of transit’s Department of Transportation (DOT).
VMT.
contribution to GHG emissions in order On the fifth general point, FTA ACTION: Grant of petition.
to provide disclosure for purposes of developed the Programmatic
NEPA compliance. The use of the SUMMARY: PACCAR, Inc. (PACCAR), has
Assessment to provide transit agencies
Programmatic Assessment is entirely determined that certain Peterbilt and
with a useful source of methodology,
optional, but FTA believes it would Kenworth trucks do not fully comply
data, and analysis to reference in future
reduce litigation risk by taking a ‘‘hard with Federal Motor Vehicle Safety
environmental review documents to
look’’ at GHG emissions due to transit meet NEPA requirements. FTA Standard (FMVSS) No. 108, Lamps,
projects, even if that assessment is more recommends that NEPA reviews for Reflective devices, and Associated
conservative than actual emissions on individual BRT and streetcar projects Equipment. PACCAR filed a
certain projects. incorporate this Programmatic noncompliance report dated June 11,
On the third general point, the Assessment by reference, with no 2015, that was later revised on June 12,
Programmatic Assessment additional need for project-specific 2015. PACCAR also petitioned NHTSA
acknowledges that, in addition to analysis for purposes of NEPA. FTA also on July 9, 2015, for a decision that the
displacing automobile VMT, transit can recommends that light rail projects with subject noncompliance is
help reduce congestion and spur more a high proportion of displaced VMT to inconsequential as it relates to motor
compact, transit-oriented development, annual transit VMT, regardless of vehicle safety.
thus reducing GHG emissions that may length, alignment, and number of ADDRESSES: For further information on
have otherwise occurred. The longer stations, incorporate this Programmatic this decision contact Mike Cole, Office
timeframe associated with realizing the Assessment by reference, with no of Vehicle Safety Compliance, the
GHG emission reduction benefits from additional need for project-specific National Highway Traffic Safety
denser development was not the analysis for purposes of NEPA. In cases Administration (NHTSA), telephone
mstockstill on DSK3G9T082PROD with NOTICES

primary reason why a land use where a light rail project is expected to (202) 366–2334, facsimile (202) 366–
component was not included in the have a lower ratio of displaced VMT to 5930.
methodology. A land use component annual transit VMT, however, SUPPLEMENTARY INFORMATION:
was not included because the available conducting a project-specific analysis
tools (i.e., the Land Use Benefit using the Estimator Tool or another I. Overview
Calculator associated with TCRP Report locally recommended approach is likely PACCAR, Inc. (PACCAR), has
176) could not be applied at a appropriate for purposes of NEPA determined that certain Peterbilt and

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Document Created: 2018-02-01 15:19:16
Document Modified: 2018-02-01 15:19:16

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		Grant of petition.
FR Citation		82 FR 5638

82 FR 5638 - PACCAR, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 82, Issue 11 (January 18, 2017)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration