Autocar Industries, LLC and Autocar, LLC, Grant of Petitions for Decision of Inconsequential Noncompliance |
|---|
Topics: Autocar Xspotter, Autocar Xpeditor
|
Michael A. Cole
National Highway Traffic Safety Administration
27 June 2018
[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Notices]
[Pages 30218-30220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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