Daimler Trucks North America, LLC, Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Freightliner
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
20 July 2017
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Notices]
[Pages 33551-33554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15256]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0011; Notice 2]
Daimler Trucks North America, LLC, Grant of Petition for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
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SUMMARY: Daimler Trucks North America, LLC (DTNA), has determined that
certain model year (MY) 2016-2017 Freightliner trucks do not fully
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101,
Controls and Displays. DTNA filed a noncompliance report dated January
19, 2017, and amended it on January 25, 2017. DTNA also petitioned
NHTSA on January 20, 2017, for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.
ADDRESSES: For further information on this decision contact Stu Seigel,
Office of Vehicle Safety Compliance, the National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-5287, facsimile
(202) 366-3081.
SUPPLEMENTARY INFORMATION:
I. Overview: Daimler Trucks North America (DTNA), has determined
that certain model year (MY) 2016-2017 Freightliner trucks do not fully
comply with Table 2 of Federal Motor Vehicle Safety Standard (FMVSS)
No. 101, Controls and Displays. DTNA filed a noncompliance report dated
January 19, 2017, and amended it on January 25, 2017, pursuant to 49
CFR part 573, Defect and Noncompliance Responsibility and Reports. DTNA
also petitioned NHTSA on January 20, 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.
Notice of receipt of the petition was published with a 30-day
public comment period, on April 7, 2017, in the Federal Register (82 FR
17069). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: https://www.regulations.gov/. Then follow the
online search instructions to locate docket number ``NHTSA-2017-0011.''
II. Vehicles Involved: Affected are approximately 81,641 MY 2016-
2017 versions of the following trucks, manufactured between March 2,
2015 and September 8, 2016:
Freightliner 108SD
Freightliner Business Class M2
Freightliner Cascadia
Freightliner 114SD
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 message on an adjacent display screen says ``LOW
AIR'', rather than the words ``BRAKE AIR,'' as specified in Table 2 of
FMVSS No. 101. DTNA states
[[Page 33552]]
that the telltale is accompanied by an audible alert and pressure
gauges.
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 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.''
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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 a message on the
display screen saying ``LOW AIR!'' and 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 primary and secondary air gauges and seeing 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 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'' and the message on the display screen
that says ``LOW AIR!'' 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) Drivers of commercial vehicles would conduct daily pre-trip
[[Page 33553]]
inspections of their vehicles paying particular attention to the
warning signs and gauges to ensure correct functionality of their
vehicles braking system, before driving the vehicle. Drivers therefore
would be very familiar with the telltales and other warnings, and their
meaning, in the event a low air warning was to occur while the vehicle
was driven.
(d) 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.
1. 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, message and audible alerts
and under what conditions they are activated.
Red contrasting color of the telltale saying ``BRAKE''
Message on the display screen that says ``LOW AIR!''
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
2. 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''
Message on the display screen that says ``LOW AIR!''
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.
(e) The functionality of both the parking brake system and the
service brake system remains unaffected by the ``BRAKE'' telltale used
in the subject vehicles.
(f) NHTSA Precedents--DTNA notes that NHTSA has previously granted
petitions for decisions of 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) 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 did not have the exact wording as required under
FMVSS No. 101. The available warnings were deemed sufficient to provide
the necessary driver warning. DTNA respectfully suggest that the same
is true for the subject vehicles: The red ``BRAKE'' telltale and the
``LOW AIR!'' pop-up message, 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'S Decision
NHTSA's Analysis: NHTSA has reviewed DTNA's analyses that the
subject noncompliance is inconsequential to motor vehicle safety.
Specifically, the telltale marking for low brake air pressure says
``Brake'' instead of ``Brake Air'' as required in table 2 of FMVSS No.
101 and FMVSS No. 121. We believe that this incomplete labeling poses
no risk to motor vehicle safety because multiple sources of
information, as discussed below, are simultaneously activated to
properly warn the driver of the low air condition.
1. When a low air pressure situation exists, for both a parked or
moving vehicle, the ``Brake'' telltale will activate in red letters
with a black background. There are no requirements in FMVSS No. 101 or
121 for the color of the telltale, but DTNA's use of red, which is an
accepted color representing an urgent condition, provides a definitive
indication of a situation that needs attention.
2. Activation of the ``Brake'' telltale is accompanied by
illumination on the instrument cluster message display screen with the
words ``LOW AIR!'' in white, upper case lettering with a green
background. The height of the lettering appears greater than that of
the surrounding telltales and is followed by an exclamation point for
increased importance. In a follow-up telephone conversation with DTNA
after notice of receipt of petition was published, DTNA confirmed that
the lettering height was one quarter inch. Although there is no
lettering height requirement for ``Brake Air,'' and the specification
is only that the warning be visible, for reference, a common minimum
height for many FMVSS visual indicators is one-eighth inch. This
combined with the green rectangular background, which also is
comparatively large, is readily visible to the operator and is unlikely
to be overlooked. Both the ``BRAKE'' telltale and the ``LOW AIR!''
message are in clear view of the driver and when activated will alert
the driver of a brake system malfunction.
3. Simultaneous to illumination of both the ``Brake'' telltale and
``LOW AIR!'' in the message center, 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 telltales and warning messages activated in the instrument
cluster (i.e., ``Brake'' and ``LOW AIR!'').
4. In a low pressure situation, the operator is provided additional
feedback by the primary and secondary instrument cluster air gauges
which are marked with PSI numerical values along with red-delineated
ranges where the needle pointers would be positioned during a low
pressure condition.
5. NHTSA agrees with DTNA that for a vehicle that is parked, if a
low air condition were present, along with the operator feedback
described above, there would be difficulty or an inability to release
the parking brake and/or reduced drivability, as sufficient air in the
system is required to release the parking brake.
6. Further, NHTSA agrees with DTNA's contention that the
functionality of the parking brake system and the braking performance
of the service brake system remains unaffected by use of the telltale
word
[[Page 33554]]
``Brake'' instead of ``Brake Air'' on the subject vehicles.
7. Lastly, NHTSA believes that, as these 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. As DTNA states, and we agree, drivers will be familiar with
the meaning of telltales and other warnings and 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 red ``Brake''
telltale with a black contrasting background, message center wording
``LOW AIR!'' in large white letters on a substantially sized green
contrasting background, and 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, provides adequate notification to the operator that a brake
malfunction exists. NHTSA further concludes that the discrepancy with
the labeling requirement is unlikely to lead to any misunderstanding
since other sources of correct information beyond the ``Brake''
telltale, are always provided.
NHTSA's Decision: In consideration of the foregoing, NHTSA finds
that DTNA has met its burden of persuasion that the FMVSS No. 101
noncompliance is inconsequential as it relates to motor vehicle safety.
Accordingly, DTNA's petition is hereby granted and DTNA 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 DTNA no longer controlled at
the time it determined that the noncompliance existed. However, the
granting of 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. 2017-15256 Filed 7-19-17; 8:45 am]
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