Volvo Group North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Otto G. Matheke, III
International Trade Commission
28 June 2021
[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 34115-34116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13462]
[[Page 34115]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0028; Notice 1]
Volvo Group North America, LLC, 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: Volvo Group North America, LLC (``Volvo''), has determined
that certain Model Year (MY) 2015-2021 Volvo VHA, VHD, VNL, VNM, and
VNR class 8 trucks and truck-tractors do not fully comply with Federal
Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays.
Volvo filed a noncompliance report dated March 5, 2021. Subsequently,
Volvo petitioned NHTSA on March 26, 2021, for a decision that the
subject noncompliance is inconsequential as it relates to motor vehicle
safety. This notice announces receipt of Volvo's petition.
DATES: Send comments on or before July 28, 2021.
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 the 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 the 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 for 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 the 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 docket. 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).
FOR FURTHER INFORMATION CONTACT: Neil Dold, General Engineer, NHTSA,
Office of Vehicle Safety Compliance, 202-366-7352, neil.dold@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Overview
Volvo has determined that certain Volvo VHA, VHD, VNL, VNM, and VNR
class 8 trucks and truck-tractors, do not fully comply with the
requirements of paragraph S5.2.8 of FMVSS No. 101, Controls and
Displays (49 CFR 571.101). Volvo filed a noncompliance report dated
March 5, 2021, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Volvo subsequently petitioned NHTSA on
March 26, 2021, 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,
Exemption for Inconsequential Defect or Noncompliance. Following
submission of the petition, Volvo supplemented the petition on May 11,
2021.
This notice of receipt of Volvo'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. Trucks and Truck-Tractors Involved
Approximately 72,239 Volvo VAH, VHD, VNL, VNM, and VNR class 8
trucks and truck-tractors manufactured between December 16, 2014, and
December 21, 2020, are potentially involved.
III. Noncompliance
Volvo explains that the noncompliance is that the subject vehicles
are equipped with a steering-wheel-mounted automatic vehicle speed
system control switch (cruise control) that is not properly identified
and, therefore, does not comply with paragraph S5.2.8 of FMVSS No. 101.
IV. Rule Requirements
Paragraph S5.2.8 of FMVSS No. 101 includes the requirements
relevant to this petition. Each control for an automatic vehicle speed
system (cruise control) and each control for heating and air
conditioning systems must have identification provided for each
function of each such system.
V. Summary of Volvo's Petition
The following views and arguments presented in this section, ``V.
Summary of Volvo's Petition,'' are the views and arguments provided by
Volvo. They have not been evaluated by the Agency and do not reflect
the views of the Agency. Volvo describes the subject noncompliance and
contends that the noncompliance is inconsequential as it relates to
motor vehicle safety.
In support of its petition, Volvo submitted the following
reasoning:
1. The cruise on and off button is just to the right of the switch
in question. Considering the proximity of the switch to the cruise
control on-and-off and cancel-and-resume buttons, the switch's function
is self-explanatory.
2. This type of switch is commonly used for this function.
3. The function of the switch is explained in the operator's
manual.
4. There are no warranty claims, consumer complaints, field
reports, property damage or death and injury notices associated with
the subject noncompliance.
Volvo concludes 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
[[Page 34116]]
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 trucks and truck-tractors
that Volvo 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 trucks and truck-tractors under
their control after Volvo 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)
Otto G. Matheke, III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-13462 Filed 6-25-21; 8:45 am]
BILLING CODE 4910-59-P