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Mack Trucks, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

American Government Trucking Topics:  Mack LEU

Mack Trucks, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

Jeffrey Giuseppe
National Highway Traffic Safety Administration
August 18, 2015


[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50069-50070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20310]



[[Page 50069]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0054; Notice 1]


Mack Trucks, Inc., 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: Mack Trucks, Inc. (Mack), has determined that certain model 
year (MY) 2014-2016 Mack LEU model incomplete vehicles do not fully 
comply with paragraphs S5.3.3 and S5.3.4 of Federal Motor Vehicle 
Safety Standard (FMVSS) No. 121, Air Brake Systems. Mack has filed an 
appropriate report dated April 27, 2015, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is September 17, 
2015.

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 at the beginning 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 Deliver: 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 http://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 your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.

SUPPLEMENTARY INFORMATION:
    I. Mack's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
(see implementing rule at 49 CFR part 556), Mack submitted a petition 
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. After reviewing the petition, 
NHTSA requested additional information from Mack by letter dated July 
9, 2015. In response to that letter, Mack provided supplemental 
information by letter dated July 17, 2015. Copies of NHTSA's request 
and Mack's response are available from the petition docket.
    This notice of receipt of Mack's 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: Affected are approximately 1,977 MY 2014-
2016 Mack LEU model incomplete vehicles manufactured between July 22, 
2013 and April 20, 2015.
    III. Noncompliance: Mack explains that the noncompliance is that 
the brake actuation and release times slightly (by milliseconds) exceed 
the requirements as specified in paragraphs S5.3.3 and S5.3.4 of FMVSS 
No. 121.
    IV. Rule Text: Paragraph S5.3.3 of FMVSS No. 121 requires in 
pertinent part:

    S5.3.3 Brake Actuation time. Each service brake system shall 
meet the requirements of S5.3.3.1(a) and (b) . . .
    S5.3.3.1(a) With an initial service reservoir system air 
pressure of 100 psi, the air pressure in each brake chamber shall, 
when measured from the first movement of the service brake control, 
reach 60 psi in not more than 0.45 second in the case of trucks and 
buses, . . .

    Paragraph S5.3.4 of FMVSS No. 121 requires in pertinent part:

    S5.3.4 Brake Release time. Each service brake system shall meet 
the requirements of S5.3.4.1(a) and (b) . . .
    S5.3.4.1(a) With an initial service brake chamber air pressure 
of 95 psi, the air pressure in each brake chamber shall, when 
measured from the first movements of the service brake control, fall 
to 5 psi in not more than 0.55 second in the case of trucks and 
buses, . . .

    V. Summary of Mack's Analyses: Mack stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    (A) Mack conducted pneumatic brake timings tests on a test vehicle 
representative of the affected population to show the results compared 
to the requirement. The test vehicle was configured similar to a dual-
drive (or twin steer) residential garbage truck equipped with left-hand 
and right-hand steering and brake controls. Tests were conducted on 
each axle, separately, using the left-hand brake control and then, the 
right hand brake control.
    Mack's data indicate that, on average, steer axle pneumatic brake 
actuation times exceed the requirement by 0.04 seconds, steer axle 
pneumatic brake release times, on average, exceed the requirement by 
0.09 seconds, and drive axle brake timing results indicate compliance 
with the safety standard's requirement.
    Mack stated that a change in brake chamber size from type 24 to 
type 30, which occurred in 2013 production, may have caused the 
noncompliance.
    (B) Mack conducted additional brake timing and dynamic performance 
tests to evaluate how this noncompliance affects overall brake 
performance. The tests were performed by an independent testing and 
evaluation company, Link Commercial Vehicle Testing (Link) located in 
East Liberty, Ohio. According to Mack, the results of these tests 
clearly show that the trucks that are affected by the subject 
noncompliance are compliant with the brake stopping distance 
requirements. Mack provided a chart to illustrate the stopping distance 
test results. (Detailed results from the tests provided by Mack are 
available from the docket for this petition).
    (C) Mack stated that LEU's are used almost exclusively in 
residential garbage collection service. Because of that, Mack

[[Page 50070]]

says there are no concerned vehicles that tow air-braked trailers and 
that compatibility with other air brake vehicles is also not cause for 
concern.
    (D) Mack also stated that brake release timing has been the subject 
of previous petitions that it believes are similar to its petition and 
were granted by NHTSA.
    Mack has additionally informed NHTSA that it is correcting the 
noncompliance so that all future production of the subject trucks will 
fully comply with FMVSS No. 121.
    In summation, Mack believes that the described noncompliance of the 
subject trucks is inconsequential to motor vehicle safety, and that its 
petition, to exempt Mack 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 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 incomplete vehicles that Mack 
no longer controlled at the time it determined that the noncompliance 
existed. However, any decision on this petition does not relieve 
equipment distributors and dealers of the prohibitions on the sale, 
offer for sale, or introduction or delivery for introduction into 
interstate commerce of the noncompliant incomplete vehicles under their 
control after Mack 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 Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-20310 Filed 8-17-15; 8:45 am]
 BILLING CODE 4910-59-P

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