Daimler Trucks North America, Receipt of Petition for Decision of Inconsequential Noncompliance |
|---|
|
Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
7 November 2016
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Notices]
[Pages 78259-78261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26764]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0103; Notice 1]
Daimler Trucks North America, Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
-----------------------------------------------------------------------
SUMMARY: Daimler Trucks North America (DTNA), has determined that
certain model year (MY) 2016-2017 Freightliner and Western Star trucks
do not fully comply with Table 2 of Federal Motor Vehicle Safety
Standard (FMVSS) No. 101, Controls and Displays. DTNA filed a report
dated September 22, 2016, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. DTNA also petitioned NHTSA on
September 22, 2016, under 49 CFR part 556 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 December 7,
2016.
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 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: Pursuant to 49 U.S.C. 30118(d) and 30120(h), 49 CFR
part 556, DTNA 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 as it relates to motor
vehicle safety.
This notice of receipt of DTNA'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 36,959 MY 2016-
2017 versions of the following trucks, manufactured between September
28, 2015 and July 30, 2016:
Freightliner Cascadia
Freightliner 122SD
Freightliner Coronado
[[Page 78260]]
Western Star 5700
III. Noncompliance: DTNA explains that the noncompliance is that
the Low Brake Air Pressure telltale for air brake systems displays the
word ``BRAKE'' and a red International Standards Organization (ISO)
symbol for brake malfunction when a low air brake pressure condition
exists, rather than the words ``BRAKE AIR,'' as specified in Table 2 of
FMVSS No. 101. DTNA states that the telltale is accompanied by an
audible alert and low pressure gauge reading.
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 and
2 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:
BILLING CODE 4910-59-P
[GRAPHIC] [TIFF OMITTED] TN07NO16.001
BILLING CODE 4910-59-C
V. Summary of DTNA's Petition: DTNA 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, DTNA submitted the following reasoning:
(a) DTNA 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 word
``BRAKE'' instead of ``BRAKE AIR,'' together with the audible alert
that occurs in the subject vehicles would still alert the driver to an
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.
[[Page 78261]]
(b) NHTSA stated in a 2005 FMVSS No. 101 rulemaking that the reason
for including vehicles over 10,000 pounds in the requirements of FMVSS
No. 101 is that there is a need for drivers of heavier vehicles to see
and identify their displays, just as there is for drivers of lighter
vehicles. See 70 FR 48295, 48298 (Aug. 17, 2005). The telltale in the
subject vehicles saying ``BRAKE'' would allow the driver to see and
identify the improper functioning system as was the intent of the rule,
thus serving the purpose of the FMVSS No. 101 requirement.
(c) There are two scenarios when a low brake air pressure condition
would exist: A parked vehicle and a moving vehicle. Each of these are
discussed separately below; in each scenario, there is ample warning
provided to the driver of low brake air pressure.
a. Parked Vehicle
The driver of an air-braked vehicle must ensure that the vehicle
has enough brake air pressure to operate safely. At startup, the
vehicle will likely be in a low air condition. When in a low air
condition the following warnings would occur, conditioning the driver
over time as to the purpose of the telltale and audible alerts and
under what conditions they are activated.
Red contrasting color of the telltale saying ``BRAKE''.
Red contrasting color of the ISO symbol for brake
malfunction.
Audible alert to the driver as long as the vehicle has low
air.
Air gauges for the primary and secondary air tanks clearly
showing the air pressure in the system.
Red contrasting color on the air gauges indicating when
the pressure is low.
Difficulty/inability of releasing the parking brakes with
low air.
Reduced drivability if the driver attempts to drive with
the parking brakes applied.
b. Moving Vehicle
If a low brake air pressure situation occurs while driving, the
function of the service brakes may be reduced or lost and, eventually
if the pressure gets low enough, the parking brakes will engage. The
driver must pull to the side of the road and apply the parking brakes
as soon as possible. A loss of brake air pressure while driving
represents a malfunctioning brake system and requires immediate action
from the driver. Drivers recognize that a telltale illuminated in red
represents a malfunction which needs to be remedied.
The following warning would occur if a low air condition occurred
while driving.
Red contrasting color of the telltale saying ``BRAKE''.
Red contrasting color of the ISO symbol for brake
malfunction.
Audible alert to the driver as long as the vehicle has low
air.
Air gauges for the primary and secondary air tanks clearly
showing the air pressure in the system.
Red contrasting color on the air gauges indicating when
the pressure is low.
The functionality of both the parking brake system and the service
brake system remains unaffected by the ``BRAKE'' telltale used in the
subject vehicles.
(d) NHTSA Precedents--DTNA notes that NHTSA has previously granted
petitions for decisions of inconsequential noncompliance for similar
brake telltale issues, in which the ISO symbol in combination with
other available warnings was deemed sufficient to provide the necessary
driver warning. See Docket No. NHTSA-2012-0004, 78 FR 69931 (November
21, 2013) (grant of petition for Ford Motor Company) and Docket No.
NHTSA-2014-0046, 79 FR 78559 (December 30, 2014) (grant of petition for
Chrysler Group, LLC). In both of these instances, the vehicles at issue
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 warning. DTNA respectfully suggests that the same is true for
the subject vehicles: The ISO symbol, together with other warnings and
alerts, are fully sufficient to warn the driver of a low brake air
pressure situation.
DTNA 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.
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 DTNA 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 DTNA
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. 2016-26764 Filed 11-4-16; 8:45 am]
BILLING CODE 4910-59-P