83 FR 7846 - Hino Motors, Ltd., Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 83, Issue 36 (February 22, 2018)
National Highway Traffic Safety Administration
Federal Register Volume 83, Issue 36 (February 22, 2018)
| Page Range | 7846-7847 | |
| FR Document | 2018-03678 |
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)] [Notices] [Pages 7846-7847] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03678] [[Page 7846]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2018-0005; Notice 1] Hino Motors, Ltd., Receipt of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. ----------------------------------------------------------------------- SUMMARY: Hino Motors Sales USA, Inc., a wholly owned subsidiary of Hino Motors, Ltd. (collectively referred to as ``Hino''), has determined that certain model year (MY) 2014-2018 Hino heavy duty trucks do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. Hino filed a noncompliance report dated December 11, 2017, and subsequently petitioned NHTSA on December 21, 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 March 26, 2018. 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) website 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: Hino has determined that certain MY 2014-2018 Hino heavy duty trucks do not fully comply with the requirements of Table 2 of FMVSS No. 101, Controls and Displays (49 CFR 571.101). Hino filed a noncompliance report dated December 11, 2017, pursuant to CFR part 573, Defect and Noncompliance Responsibility and Reports, and subsequently petitioned NHTSA on December 21, 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 30,025 MY 2014-2018 Hino NJ8J, NV8J, and NH8J heavy duty trucks, manufactured between September 1, 2013, and October 30, 2017, are potentially involved. III. Noncompliance: Hino describes the noncompliance as the omission of the words ``Brake Air'' for the Low Brake Air Pressure telltale as required in Table 2 of FMVSS No. 101. IV. Rule Requirements: Paragraphs S5 and S5.2.1 as well as Table 2 of FMVSS No. 101, include the requirements relevant to this petition: Each passenger car, multipurpose passenger vehicle, truck and bus that is fitted with a control, a telltale, or an indicator must meet the requirements listed in Table 1 or Table 2 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 of FMVSS No. 101 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: Hino 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, Hino submitted the following reasoning: 1. Hino 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 ISO symbol for brake system malfunction together with 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 front and rear air gauges and seeing the red contrasting color on the gauges indicating low pressure. 2. When the air pressure drops below 79 psi, the ISO symbol illuminates and the audible alert sounds, both of which are described in the Driver's/Owner's Manual of the subject vehicles. Therefore, even if the telltale is not ``BRAKE AIR,'' it is possible for the driver to be alerted that the air pressure is low. 3. 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 ISO symbol Audible alert to the driver as long as the vehicle has low air (and park brake is released) Air pressure gauges for the front and rear air reservoirs clearly indicating the level of air pressure in the system [[Page 7847]] Red contrasting color on the air gauges indicating low air pressure The functionality of both the parking brake system and the service brake system remains unaffected by using the ISO symbol for brake malfunction instead of ``Brake Air'' for the telltale in the subject vehicles. 4. NHTSA Precedents--Hino notes that NHTSA has previously granted petitions for decisions of inconsequential noncompliance for similar brake telltale issues: (a) Docket No. NHTSA-2017-0011, 82 FR 33551 (July 20, 2017), grant of petition for Daimler Trucks North America, LLC. (b) Docket No. NHTSA-2014-0046, 79 FR 78559 (December 30, 2014), grant of petition for Chrysler Group, LLC (c) Docket No. NHTSA-2012-0004, 78 FR 69931 (November 21, 2013), grant of petition for Ford Motor Company. In these instances, the vehicles displayed an ISO symbol for the brake telltale instead of the wording required under FMVSS No. 101. The ISO symbol in combination with other available warnings was deemed sufficient to provide the necessary driver warnings. Hino 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 Hino's petition analyses in their 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 Hino 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 Hino 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, Associate Administrator for Enforcement. [FR Doc. 2018-03678 Filed 2-21-18; 8:45 am] BILLING CODE 4910-59-P
![7846 Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices
DEPARTMENT OF TRANSPORTATION provided. If you wish to receive III. Noncompliance: Hino describes
confirmation that comments you have the noncompliance as the omission of
National Highway Traffic Safety submitted by mail were received, please the words ‘‘Brake Air’’ for the Low
Administration enclose a stamped, self-addressed Brake Air Pressure telltale as required in
postcard with the comments. Note that Table 2 of FMVSS No. 101.
[Docket No. NHTSA–2018–0005; Notice 1]
all comments received will be posted IV. Rule Requirements: Paragraphs S5
Hino Motors, Ltd., Receipt of Petition without change to https:// and S5.2.1 as well as Table 2 of FMVSS
for Decision of Inconsequential www.regulations.gov, including any No. 101, include the requirements
Noncompliance personal information provided. relevant to this petition:
All comments and supporting • Each passenger car, multipurpose
AGENCY: National Highway Traffic materials received before the close of passenger vehicle, truck and bus that is
Safety Administration (NHTSA), business on the closing date indicated fitted with a control, a telltale, or an
Department of Transportation (DOT). above will be filed in the docket and indicator must meet the requirements
ACTION: Receipt of petition. will be considered. All comments and listed in Table 1 or Table 2 of FMVSS
supporting materials received after the No. 101 for the location, identification,
SUMMARY: Hino Motors Sales USA, Inc., closing date will also be filed and will color, and illumination of that control,
a wholly owned subsidiary of Hino be considered to the fullest extent telltale or indicator.
Motors, Ltd. (collectively referred to as possible. • Each control, telltale and indicator
‘‘Hino’’), has determined that certain When the petition is granted or that is listed in column 1 of Table 1 or
model year (MY) 2014–2018 Hino heavy denied, notice of the decision will also Table 2 of FMVSS No. 101 must be
duty trucks do not fully comply with be published in the Federal Register identified by the symbol specified for it
Federal Motor Vehicle Safety Standard pursuant to the authority indicated at in column 2 or the word or abbreviation
(FMVSS) No. 101, Controls and the end of this notice. specified for it in column 3 of Table 1
Displays. Hino filed a noncompliance All comments, background or Table 2.
report dated December 11, 2017, and documentation, and supporting V. Summary of Petition: Hino
subsequently petitioned NHTSA on materials submitted to the docket may described the subject noncompliance
December 21, 2017, for a decision that be viewed by anyone at the address and and stated its belief that the
the subject noncompliance is times given above. The documents may noncompliance is inconsequential as it
inconsequential as it relates to motor also be viewed on the internet at https:// relates to motor vehicle safety.
vehicle safety. www.regulations.gov by following the In support of its petition, Hino
online instructions for accessing the submitted the following reasoning:
DATES: The closing date for comments
dockets. The docket ID number for this 1. Hino notes that the purpose of the
on the petition is March 26, 2018.
petition is shown in the heading of this low brake air pressure telltale is to alert
ADDRESSES: Interested persons are notice. the driver to a low air condition,
invited to submit written data, views, DOT’s complete Privacy Act consistent with the requirements of
and arguments on this petition. Statement is available for review in a FMVSS No. 121, S5.1.5 (warning
Comments must refer to the docket and Federal Register notice published on signal). The ISO symbol for brake
notice number cited in the title of this April 11, 2000, (65 FR 19477–78). system malfunction together with an
notice and submitted by any of the SUPPLEMENTARY INFORMATION: audible alert that occurs in the subject
following methods: I. Overview: Hino has determined that vehicles would alert the driver to an air
• Mail: Send comments by mail certain MY 2014–2018 Hino heavy duty issue with the brake system. Once
addressed to U.S. Department of trucks do not fully comply with the alerted, the driver can check the actual
Transportation, Docket Operations, M– requirements of Table 2 of FMVSS No. air pressure by reading the front and
30, West Building Ground Floor, Room 101, Controls and Displays (49 CFR rear air gauges and seeing the red
W12–140, 1200 New Jersey Avenue SE, 571.101). Hino filed a noncompliance contrasting color on the gauges
Washington, DC 20590. report dated December 11, 2017, indicating low pressure.
• Hand Delivery: Deliver comments pursuant to CFR part 573, Defect and 2. When the air pressure drops below
by hand to U.S. Department of Noncompliance Responsibility and 79 psi, the ISO symbol illuminates and
Transportation, Docket Operations, M– Reports, and subsequently petitioned the audible alert sounds, both of which
30, West Building Ground Floor, Room NHTSA on December 21, 2017, are described in the Driver’s/Owner’s
W12–140, 1200 New Jersey Avenue SE, pursuant to 49 U.S.C. 30118(d) and Manual of the subject vehicles.
Washington, DC 20590. The Docket 30120(h) and 49 CFR part 556, for an Therefore, even if the telltale is not
Section is open on weekdays from 10 exemption from the notification and ‘‘BRAKE AIR,’’ it is possible for the
a.m. to 5 p.m. except Federal Holidays. remedy requirements of 49 U.S.C. driver to be alerted that the air pressure
• Electronically: Submit comments Chapter 301 on the basis that this is low.
electronically by logging onto the noncompliance is inconsequential as it 3. There are two scenarios when a low
Federal Docket Management System relates to motor vehicle safety. brake air pressure condition could exist:
(FDMS) website at https:// This notice of receipt of their petition A parked vehicle and a moving vehicle.
www.regulations.gov/. Follow the online is published under 49 U.S.C. 30118 and In both conditions, the driver would be
instructions for submitting comments. 30120 and does not represent any alerted to a low-air condition by the
• Comments may also be faxed to agency decision or other exercise of following means:
(202) 493–2251. judgment concerning the merits of the • Red contrasting color of the ISO
daltland on DSKBBV9HB2PROD with NOTICES
Comments must be written in the petition. symbol
English language, and be no greater than II. Vehicles Involved: Approximately • Audible alert to the driver as long
15 pages in length, although there is no 30,025 MY 2014–2018 Hino NJ8J, NV8J, as the vehicle has low air (and park
limit to the length of necessary and NH8J heavy duty trucks, brake is released)
attachments to the comments. If manufactured between September 1, • Air pressure gauges for the front
comments are submitted in hard copy 2013, and October 30, 2017, are and rear air reservoirs clearly indicating
form, please ensure that two copies are potentially involved. the level of air pressure in the system
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![Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices 7847
• Red contrasting color on the air Authority: 49 U.S.C. 30118, 30120: http://www.regulations.gov/. Then
gauges indicating low air pressure delegations of authority at 49 CFR 1.95 and follow the online search instructions to
The functionality of both the parking 501.8. locate docket number ‘‘NHTSA–2014–
brake system and the service brake Jeffrey M. Giuseppe, 0125.’’
system remains unaffected by using the Associate Administrator for Enforcement. II. Vehicles Involved: Affected are
ISO symbol for brake malfunction approximately 51,616 MY 2015 GMC
[FR Doc. 2018–03678 Filed 2–21–18; 8:45 am]
instead of ‘‘Brake Air’’ for the telltale in Yukon, Yukon Denali, Yukon XL, and
BILLING CODE 4910–59–P
the subject vehicles. Yukon XL Denali MPVs manufactured
4. NHTSA Precedents—Hino notes between September 19, 2013, and
that NHTSA has previously granted October 10, 2014. See GM’s petition for
petitions for decisions of DEPARTMENT OF TRANSPORTATION
additional details.
inconsequential noncompliance for National Highway Traffic Safety III. Noncompliance: GM explains that
similar brake telltale issues: Administration the noncompliance is that under certain
(a) Docket No. NHTSA–2017–0011, 82 conditions the parking lamps on the
FR 33551 (July 20, 2017), grant of [Docket No. NHTSA–2014–0125; Notice 2] subject vehicles fail to meet the device
petition for Daimler Trucks North activation requirements of paragraph
America, LLC. General Motors, LLC, Grant of Petition
S7.8.5 of FMVSS No. 108.
(b) Docket No. NHTSA–2014–0046, 79 for Decision of Inconsequential IV. Rule Requirements: Paragraph
FR 78559 (December 30, 2014), grant of Noncompliance S7.8.5 of FMVSS No. 108 titled
petition for Chrysler Group, LLC AGENCY: National Highway Traffic ‘‘Activation,’’ as detailed in Table I–a,
(c) Docket No. NHTSA–2012–0004, 78 Safety Administration (NHTSA), includes the requirements relevant to
FR 69931 (November 21, 2013), grant of Department of Transportation (DOT). this petition:
petition for Ford Motor Company. • Parking lamps must be activated
In these instances, the vehicles ACTION: Grant of petition.
when the headlamps are activated in a
displayed an ISO symbol for the brake SUMMARY: General Motors, LLC, (GM) steady burning state.
telltale instead of the wording required has determined that certain model year V. Summary of GM’s Analyses: GM
under FMVSS No. 101. The ISO symbol (MY) 2015 GMC multipurpose stated its belief that the subject
in combination with other available passenger vehicles (MPV) do not fully noncompliance is inconsequential to
warnings was deemed sufficient to comply with Federal Motor Vehicle motor vehicle safety for the following
provide the necessary driver warnings. Safety Standard (FMVSS) No. 108, reasons:
Hino concluded by expressing the (A) GM explains that the condition is
Lamps, Reflective Devices, and
belief that the subject noncompliance is difficult to create even in laboratory
Associated Equipment. GM has filed a
inconsequential as it relates to motor settings, let alone real-world driving
noncompliance report dated November
vehicle safety, and that its petition to be conditions. GM also stated that they
5, 2014. GM also petitioned NHTSA on
exempted from providing notification of were only able to duplicate the
November 26, 2014, for a decision that
the noncompliance, as required by 49 condition under the following
the subject noncompliance is
U.S.C. 30118, and a remedy for the circumstances:
inconsequential as it relates to motor
noncompliance, as required by 49
vehicle safety. • The vehicle is being operated
U.S.C. 30120, should be granted. during the daytime with the master
To view Hino’s petition analyses in FOR FURTHER INFORMATION CONTACT:
lighting switch in ‘‘AUTO’’ mode.
their entirety you can visit https:// Mike Cole, Office of Vehicle Safety • The transmission is not in ‘‘Park.’’
www.regulations.gov by following the Compliance, NHTSA, telephone (202) • Three or more high-inrush current
online instructions for accessing the 366–5319, facsimile (202) 366–3081. spikes that exceed the body control
dockets and by using the docket ID SUPPLEMENTARY INFORMATION: module (BCM) inrush current threshold
number for this petition shown in the I. Overview: GM has determined that occur on the parking lamp/daytime
heading of this notice. certain MY 2015 GMC MPVs do not running lamp (DRL) circuit within a
NHTSA notes that the statutory fully comply with FMVSS No. 108, period of 0.625 seconds. While there
provisions (49 U.S.C. 30118(d) and Lamps, Reflective Devices, and may be other methods for triggering
30120(h)) that permit manufacturers to Associated Equipment (49 CFR these spikes (e.g., a service event), GM
file petitions for a determination of 571.108). GM has filed a noncompliance has only been able to isolate one cause:
inconsequentiality allow NHTSA to report dated November 5, 2014, manually moving the master lighting
exempt manufacturers only from the pursuant to 49 CFR part 573, Defect and control from ‘‘AUTO’’ to parking lamp
duties found in sections 30118 and Noncompliance Responsibility and (or headlamp), back to ‘‘AUTO’’ and
30120, respectively, to notify owners, Reports. GM also petitioned NHTSA on back to parking lamp (or headlamp)
purchasers, and dealers of a defect or November 26, 2014, pursuant to 49 within 0.625 seconds.
noncompliance and to remedy the U.S.C. 30118(d) and 30120(h) and 49 (B) GM believes that drivers are
defect or noncompliance. Therefore, any CFR part 556, for an exemption from the unlikely to cause these spikes during
decision on this petition only applies to notification and remedy requirements of real-world driving. The subject vehicles
the subject vehicles that Hino no longer 49 U.S.C. Chapter 301 on the basis that are equipped with automatic-headlamp
controlled at the time it determined that this noncompliance is inconsequential operation, so there is very little need for
the noncompliance existed. However, as it relates to motor vehicle safety. drivers to ever manually operate their
any decision on this petition does not Notice of receipt of the petition was vehicle’s master lighting control. But
daltland on DSKBBV9HB2PROD with NOTICES
relieve vehicle distributors and dealers published with a 30-day public even if a driver were inclined to do so,
of the prohibitions on the sale, offer for comment period, on June 11, 2015, in rapidly cycling a vehicle’s master
sale, or introduction or delivery for the Federal Register (80 FR 33334). No lighting control from ‘‘AUTO’’ to
introduction into interstate commerce of comments were received. To view the parking lamp (or headlamp) back to
the noncompliant vehicles under their petition and all supporting documents ‘‘AUTO’’ and back to parking lamp (or
control after Hino notified them that the log onto the Federal Docket headlamp) in less than a second is a
subject noncompliance existed. Management System (FDMS) website at: highly unusual maneuver that few (if
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Document Created: 2018-02-22 02:51:14
Document Modified: 2018-02-22 02:51:14
| 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 March 26, 2018. | |
| FR Citation | 83 FR 7846 |
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