83 FR 30218 - Autocar Industries, LLC and Autocar, LLC, Grant of Petitions for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 83, Issue 124 (June 27, 2018)
National Highway Traffic Safety Administration
Federal Register Volume 83, Issue 124 (June 27, 2018)
| Page Range | 30218-30220 | |
| FR Document | 2018-13830 |
[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)] [Notices] [Pages 30218-30220] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13830] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2017-0063; Notice 2; Docket No. NHTSA-2017-0065; Notice 2] Autocar Industries, LLC and Autocar, LLC, Grant of Petitions for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petitions. ----------------------------------------------------------------------- SUMMARY: Autocar Industries, LLC and Autocar, LLC (collectively referred to as ``Autocar''), have determined that certain model year (MY) 2014-2018 Autocar Xspotter and Xpeditor trucks do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. Autocar filed noncompliance reports dated June 12, 2017; June 14, 2017; and later revised one of their reports on August 29, 2017. Autocar also submitted two petitions to NHTSA on June 19, 2017, and submitted supplemental petitions on August 29, 2017, for a decision that the subject noncompliance, present in each model, is inconsequential as it relates to motor vehicle safety. FOR FURTHER INFORMATION CONTACT: Joshua Campbell, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366-5307, facsimile (202) 366-3081. SUPPLEMENTARY INFORMATION: I. Overview Autocar has determined that certain MY 2014-2018 Autocar Xspotter and Xpeditor trucks do not fully comply with Table 2 of FMVSS No. 101, Controls and Displays (49 CFR 571.101). Autocar filed noncompliance reports dated June 12, 2017; June 14, 2017; and later revised one of their reports on August 29, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Autocar also submitted two petitions to NHTSA on June 19, 2017, and submitted supplemental petitions on August 29, 2017, 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, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556. Notices of receipt of the petitions were published with a 30-day public comment period, on August 16, 2017, in the Federal Register (82 FR 38995) and (82 FR 38999). No comments were received. II. Vehicles Involved Approximately 644 MY 2014-2018 Autocar Xspotter trucks, manufactured between September 12, 2013 and August 4, 2017, and 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 systems displays the word ``BRAKE PRESSURE'' along with a symbol specified in Canadian Motor Vehicle Safety Standard (CMVSS) 101 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 Requirements Paragraphs S5 and S5.2.1 of FMVSS No. 101, include the requirements relevant to this petition:Each passenger car, multipurpose passenger vehicle, truck and bus that is [[Page 30219]] fitted with a control, a telltale, or an indicator listed in Table 1 or Table 2 must meet the requirements of FMVSS No. 101 for the location, identification, color, and illumination of that control, telltale or indicator. 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. V. Summary of Petition Autocar described the subject noncompliance and stated it believes that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of Autocar's petitions, the company submitted the following arguments: (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,'' together with display of the CMVSS required symbol and sounding of an audible alert that occurs inside the subject vehicles would alert the driver to an air pressure issue with the brake system. Once alerted, the driver can check the actual air pressure by reading the primary and secondary air gauges and by observing 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 checks of the air-brake warning light and buzzer would familiarize the driver with the specific telltale display and audible warning in the event a low-air condition was to occur 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 notes that NHTSA has previously granted petitions for 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 meet the exact requirements listed in FMVSS No. 101, Table 2. The available warnings, however, 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 their belief that the subject noncompliance is inconsequential as it relates to motor vehicle safety, and that NHTSA should grant Autocar's petitions 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. Autocar's petitions and all supporting documents are available by logging onto the Federal Docket Management System (FDMS) website at: https://www.regulations.gov and following the online search instructions to locate the docket numbers listed in the title of this notice. VI. NHTSA's Analysis NHTSA has considered the arguments presented in Autocar's petitions and has determined that the subject noncompliance is inconsequential to motor vehicle safety. NHTSA believes that the subject noncompliance poses no risk to motor vehicle safety because multiple sources of information, as described in the petition and discussed below, are simultaneously activated to warn the driver of a low air condition. 1. When a low air pressure situation exists, for both a parked or moving vehicle, the ``BRAKE PRESSURE'' telltale will activate in red letters with a black background. There are no requirements in FMVSS No. 101 for the color of the telltale, but Autocar's use of red, which is an accepted color representing an urgent condition, provides a definitive indication of a situation that needs attention. 2. Simultaneous to illumination of the ``BRAKE PRESSURE'' telltale is activation of an audible alert, further notifying the operator that a malfunction exists requiring corrective action. Although the alert would not in and of itself identify the problem, a driver would be prompted by the warning tone to heed the telltale (i.e., ``BRAKE PRESSURE''). 3. In a low-pressure situation, the operator is provided additional feedback by the primary and secondary instrument cluster air gauges which are marked with numerical values in PSI units along with red contrasting colors on the gauges during a low-pressure condition. 4. Further, NHTSA agrees with Autocar's contention that the functionality of the parking brake system and the braking performance of the service brake system remain unaffected by use of the telltale wording ``BRAKE PRESSURE'' instead of ``Brake Air'' on the subject vehicles. 5. Lastly, NHTSA believes that, as the affected trucks are predominately used as commercial vehicles with professional drivers, operators will monitor their vehicle's condition and take note of any warning signs and gauge readings to ensure proper functionality of all systems. Autocar states, and the agency agrees, that professional drivers will be familiar with the meaning of telltales and other warnings, and that the feedback provided to the driver in these vehicles if a low brake pressure condition exists would be well understood. NHTSA concludes that simultaneous activation of the red ``BRAKE PRESSURE'' telltale with a black contrasting background, an audible alert for a low air pressure condition, along with the primary and secondary air gauge indicators, and the reduced drivability of the vehicles under a low air pressure condition, provide adequate notification to the operator that a brake malfunction exists. NHTSA further concludes that the discrepancy with the telltale requirement is unlikely to lead to any misunderstanding since other sources of correct information beyond the ``BRAKE PRESSURE'' telltale are always provided. [[Page 30220]] VII. NHTSA's Decision In consideration of the foregoing, NHTSA finds that Autocar has met its burden of persuasion that the FMVSS No. 101 noncompliance is, in each case, inconsequential as it relates to motor vehicle safety. Accordingly, Autocar's petitions are hereby granted, and Autocar is consequently exempted from the obligation to provide notification of, and remedy for, the subject noncompliance in the affected vehicles under 49 U.S.C. 30118 and 30120. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, this decision only applies to the subject vehicles that Autocar no longer controlled at the time it determined that the noncompliance existed. However, the granting of these petitions 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. Michael A. Cole, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. 2018-13830 Filed 6-26-18; 8:45 am] BILLING CODE 4910-59-P
![30218 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices
activities during the reporting period. foreign content is granted an exception on August 29, 2017, for a decision that
The reports will indicate progress made, or waiver from Buy American or Buy the subject noncompliance, present in
planned activities for the next period, America requirements, a Cargo each model, is inconsequential as it
and a listing of any purchases made Preference requirement may apply. relates to motor vehicle safety.
with grant funds during the reporting Applications should expressly address FOR FURTHER INFORMATION CONTACT:
period. In addition, the report will how the applicant plans to comply with Joshua Campbell, Office of Vehicle
include an explanation of any deviation domestic-preference requirements and Safety Compliance, NHTSA, telephone
from the projected budget and timeline. whether there are any potential foreign- (202) 366–5307, facsimile (202) 366–
Quarterly status reports will also content issues with their proposed 3081.
contain, at a minimum, the following: project. In accord with the Executive SUPPLEMENTARY INFORMATION:
(1) A statement as to whether the award Order 13788, applications that use grant
recipient has used the grant funds funds for domestic-content purchases I. Overview
consistent with the terms contemplated will be viewed favorably. Autocar has determined that certain
in the grant agreement; (2) if applicable, MY 2014–2018 Autocar Xspotter and
a description of the budgeted activities G. Federal Awarding Agency Contacts
Xpeditor trucks do not fully comply
not procured by recipient; (3) if For further information concerning with Table 2 of FMVSS No. 101,
applicable, the rationale for recipient’s this notice, please contact Tori Collins, Controls and Displays (49 CFR 571.101).
failure to execute the budgeted Office of Ports & Waterways Planning, Autocar filed noncompliance reports
activities; (4) if applicable, an Room W21–315, Maritime dated June 12, 2017; June 14, 2017; and
explanation as to how and when Administration, U.S. Department of later revised one of their reports on
recipient intends to accomplish the Transportation, 1200 New Jersey Ave. August 29, 2017, pursuant to 49 CFR
purposes of the grant agreement; and (5) SE, Washington, DC 20590, phone 202– part 573, Defect and Noncompliance
a budget summary showing funds 366–0795 or email Tori.Collins@dot.gov. Responsibility and Reports. Autocar also
expended since commencement, To ensure applicants receive accurate submitted two petitions to NHTSA on
anticipated expenditures for the next information about eligibility, the June 19, 2017, and submitted
reporting period, and expenditures program, or in response to other supplemental petitions on August 29,
compared to overall budget. questions, applicants are encouraged to 2017, for an exemption from the
For all non-planning grants, grant contact MARAD directly, rather than notification and remedy requirements of
award recipients will also collect through intermediaries or third parties. 49 U.S.C. Chapter 301 on the basis that
information and report on the project’s this noncompliance is inconsequential
* * * * *
observed performance with respect to as it relates to motor vehicle safety,
the relevant long-term outcomes that are Dated: June 22, 2018.
pursuant to 49 U.S.C. 30118(d) and
expected to be achieved through the By Order of the Maritime Administrator.
30120(h) and 49 CFR part 556.
project. Performance indicators will not T. Mitchell Hudson, Jr., Notices of receipt of the petitions
include formal goals or targets, but will Secretary, Maritime Administration. were published with a 30-day public
include observed measures under [FR Doc. 2018–13798 Filed 6–26–18; 8:45 am] comment period, on August 16, 2017, in
baseline (pre-project) as well as post- BILLING CODE 4910–81–P the Federal Register (82 FR 38995) and
implementation outcomes for an agreed- (82 FR 38999). No comments were
upon timeline, and will be used to received.
evaluate and compare projects and DEPARTMENT OF TRANSPORTATION
monitor the results that grant funds II. Vehicles Involved
achieve to the intended long-term National Highway Traffic Safety Approximately 644 MY 2014–2018
outcomes of the AMHP. Performance Administration Autocar Xspotter trucks, manufactured
reporting continues for several years between September 12, 2013 and
[Docket No. NHTSA–2017–0063; Notice 2;
after project construction is completed, Docket No. NHTSA–2017–0065; Notice 2] August 4, 2017, and approximately
and MARAD does not provide 5,545 MY 2014–2018 Autocar Xpeditor
America’s Marine Highway funding Autocar Industries, LLC and Autocar, trucks, manufactured between
specifically for performance reporting. LLC, Grant of Petitions for Decision of September 3, 2013, and June 2, 2017, are
4. Requirements for Domestic Content Inconsequential Noncompliance potentially involved.
(‘‘Buy American,’’ ‘‘Buy America,’’ and AGENCY: National Highway Traffic III. Noncompliance
‘‘Cargo Preference’’) Safety Administration (NHTSA), Autocar explains that the
Consistent with the requirements of Department of Transportation (DOT). noncompliance is that the low brake air
section 410 of Title IV of Division L, ACTION: Grant of petitions. pressure telltale for air brake systems
Transportation, Housing and Urban displays the word ‘‘BRAKE PRESSURE’’
Development, and Related Agencies SUMMARY: Autocar Industries, LLC and along with a symbol specified in
Appropriations Act, 2018, of the Autocar, LLC (collectively referred to as Canadian Motor Vehicle Safety
Consolidated Appropriations Act, 2018 ‘‘Autocar’’), have determined that Standard (CMVSS) 101 rather than the
(Pub. L. 115–141), the Buy American certain model year (MY) 2014–2018 words ‘‘Brake Air’’ as specified in Table
requirements of Chapter 83 of Title 41 Autocar Xspotter and Xpeditor trucks 2 of FMVSS No. 101. Autocar states that
U.S.C. apply to funds made available do not fully comply with Federal Motor the telltale is accompanied by an
under this Notice of Funding Vehicle Safety Standard (FMVSS) No. audible alert and pressure gauges.
daltland on DSKBBV9HB2PROD with NOTICES
Opportunity. Depending on other 101, Controls and Displays. Autocar
funding streams, the project may be filed noncompliance reports dated June IV. Rule Requirements
subject to ‘‘Buy America’’ requirements. 12, 2017; June 14, 2017; and later Paragraphs S5 and S5.2.1 of FMVSS
If a project intends to use any product revised one of their reports on August No. 101, include the requirements
with foreign content or of foreign origin, 29, 2017. Autocar also submitted two relevant to this petition:
this information should be listed and petitions to NHTSA on June 19, 2017, • Each passenger car, multipurpose
addressed in the application. If certain and submitted supplemental petitions passenger vehicle, truck and bus that is
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![30220 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices
VII. NHTSA’s Decision collection as required by the Paperwork Review’’ section heading, from the drop-
In consideration of the foregoing, Reduction Act of 1995 (PRA). down menu, select ‘‘Department of
In accordance with the requirements Treasury’’ and then click ‘‘submit.’’ This
NHTSA finds that Autocar has met its
of the PRA, the OCC may not conduct information collection can be located by
burden of persuasion that the FMVSS
or sponsor, and the respondent is not searching by OMB control number
No. 101 noncompliance is, in each case,
required to respond to, an information ‘‘1557–0326’’ or ‘‘Loans in Areas Having
inconsequential as it relates to motor
collection unless it displays a currently Special Flood Hazards.’’ Upon finding
vehicle safety. Accordingly, Autocar’s
valid Office of Management and Budget the appropriate information collection,
petitions are hereby granted, and
(OMB) control number. click on the related ‘‘ICR Reference
Autocar is consequently exempted from The OCC is soliciting comment Number.’’ On the next screen, select
the obligation to provide notification of, concerning the renewal of its ‘‘View Supporting Statement and Other
and remedy for, the subject information collection titled ‘‘Loans in Documents’’ and then click on the link
noncompliance in the affected vehicles Areas Having Special Flood Hazards.’’ to any comment listed at the bottom of
under 49 U.S.C. 30118 and 30120. The OCC also is giving notice that the the screen.
NHTSA notes that the statutory information collection has been • For assistance in navigating
provisions (49 U.S.C. 30118(d) and submitted to OMB for review. www.reginfo.gov, please contact the
30120(h)) that permit manufacturers to Regulatory Information Service Center
DATES: Comments must be received by
file petitions for a determination of at (202) 482–7340.
inconsequentiality allow NHTSA to July 27, 2018.
ADDRESSES: Commenters are encouraged
• Viewing Comments Personally: You
exempt manufacturers only from the may personally inspect comments at the
duties found in sections 30118 and to submit comments by email, if
possible. You may submit comments by OCC, 400 7th Street SW, Washington,
30120, respectively, to notify owners, DC. For security reasons, the OCC
purchasers, and dealers of a defect or any of the following methods:
• Email: prainfo@occ.treas.gov. requires that visitors make an
noncompliance and to remedy the appointment to inspect comments. You
• Mail: Legislative and Regulatory
defect or noncompliance. Therefore, this may do so by calling (202) 649–6700 or,
Activities Division, Office of the
decision only applies to the subject for persons who are deaf or hearing
Comptroller of the Currency, Attention:
vehicles that Autocar no longer impaired, TTY, (202) 649–5597. Upon
1557–0326, 400 7th Street SW, suite 3E–
controlled at the time it determined that arrival, visitors will be required to
218, Washington, DC 20219.
the noncompliance existed. However, • Hand Delivery/Courier: 400 7th present valid government-issued photo
the granting of these petitions does not Street SW, Suite 3E–218, Washington, identification and submit to security
relieve vehicle distributors and dealers DC 20219. screening in order to inspect comments.
of the prohibitions on the sale, offer for • Fax: (571) 465–4326. FOR FURTHER INFORMATION CONTACT:
sale, or introduction or delivery for Instructions: You must include Sharon A. Johnson, OCC Clearance
introduction into interstate commerce of ‘‘OCC’’ as the agency name and ‘‘1557– Officer, (202) 649–5490 or, for persons
the noncompliant vehicles under their 0326’’ in your comment. In general, the who are deaf or hearing impaired, TTY,
control after Autocar notified them that OCC will publish your comment on (202) 649–5597, Legislative and
the subject noncompliance existed. www.reginfo.gov without change, Regulatory Activities Division, Office of
Authority: 49 U.S.C. 30118, 30120: including any business or personal the Comptroller of the Currency, 400 7th
delegations of authority at 49 CFR 1.95 and information that you provide, such as Street SW, Suite 3E–218, Washington,
501.8. name and address information, email DC 20219.
Michael A. Cole, addresses, or phone numbers. SUPPLEMENTARY INFORMATION: Under the
Acting Director, Office of Vehicle Safety
Comments received, including PRA (44 U.S.C. 3501–3520), federal
Compliance. attachments and other supporting agencies must obtain approval from the
[FR Doc. 2018–13830 Filed 6–26–18; 8:45 am]
materials, are part of the public record OMB for each collection of information
and subject to public disclosure. Do not that they conduct or sponsor.
BILLING CODE 4910–59–P
include any information in your ‘‘Collection of information’’ is defined
comment or supporting materials that in 44 U.S.C. 3502(3) and 5 CFR
you consider confidential or 1320.3(c) to include agency requests or
DEPARTMENT OF THE TREASURY inappropriate for public disclosure. requirements that members of the public
Additionally, please send a copy of submit reports, keep records, or provide
Office of the Comptroller of the your comments by mail to: OCC Desk information to a third party. The OCC
Currency Officer, 1557–0326, U.S. Office of asks OMB to extend its approval of the
Management and Budget, 725 17th following information collection.
Agency Information Collection Street NW, #10235, Washington, DC Title: Loans in Areas Having Special
Activities: Information Collection 20503 or by email to oira_submission@ Flood Hazards.
Renewal; Submission for OMB Review; omb.eop.gov. OMB Control No.: 1557–0326.
Loans in Areas Having Special Flood You may review comments and other Type of Review: Regular.
Hazards related materials that pertain to this Description: This information
information collection 1 following the collection is required to evidence
AGENCY: Office of the Comptroller of the close of the 30-Day comment period for compliance with the requirements of the
Currency (OCC), Treasury. this notice by any of the following federal flood insurance statutes with
ACTION: Notice and request for comment. methods: respect to lenders and servicers and set
daltland on DSKBBV9HB2PROD with NOTICES
• Viewing Comments Electronically: forth in OCC regulations at 12 CFR part
SUMMARY: The OCC, as part of its Go to www.reginfo.gov. Click on the 22. These provisions are required by the
continuing effort to reduce paperwork ‘‘Information Collection Review’’ tab. National Flood Insurance Act of 1968
and respondent burden, invites the Underneath the ‘‘Currently under and the Flood Disaster Protection Act of
general public and other federal 1973, as amended.2 The information
agencies to take this opportunity to 1 On April 3, 2018, the OCC published a 60-Day
comment on a continuing information notice for this information collection. 2 42 U.S.C. 4001–4129.
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Document Created: 2018-11-06 09:53:03
Document Modified: 2018-11-06 09:53:03
| 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 petitions. | |
| Contact | Joshua Campbell, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366-5307, facsimile (202) 366-3081. | |
| FR Citation | 83 FR 30218 |
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