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Mack Trucks Inc., Grant of Petition for Decision of Inconsequential Noncompliance Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Otto G. Matheke III Date: 18 April 2022 Subjects: American Government  , Safety, Trucking
Topics: Mack |
[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Notices]
[Pages 23017-23018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08228]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0033; Notice 2]
Mack Trucks Inc., 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: Mack Trucks Inc. (Mack Trucks) has determined that certain
model year (MY) 2016-2020 Mack heavy duty motor vehicles do not fully
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101,
Controls and Displays. Mack Trucks filed a noncompliance report dated
October 9, 2019, and later amended the report on May 29, 2020. Mack
Trucks subsequently petitioned NHTSA for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
on November 2, 2019, and later amended this petition on May 29, 2020,
and July 9, 2020. This notice announces the grant of Mack Trucks'
petition as amended.
FOR FURTHER INFORMATION CONTACT: Neil Dold, Office of Vehicle Safety
Compliance, the National Highway Traffic Safety Administration (NHTSA),
(202) 366-7352, Neil.Dold@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Overview
Mack Trucks determined that certain MY 2016-2020 Mack heavy duty
motor vehicles do not fully comply with the requirements of paragraph
S5.2.1 of FMVSS No. 101, Controls and Displays (49 CFR 571.101). Mack
Trucks filed a noncompliance report dated October 9, 2019, and later
amended the report on May 29, 2020, pursuant to 49 CFR part 573, Defect
and Noncompliance Responsibility and Reports. Mack Trucks subsequently
petitioned NHTSA on November 2, 2019, and later amended the petition on
May 29, 2020, and July 9, 2020, 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.
Notice of receipt of Mack Trucks' petition was published with a 30-
day public comment period, on September 18, 2020 in the Federal
Register (85 FR 58423). One comment was received. To view the petition
and all supporting documents log onto the Federal Docket Management
System (FDMS) website at https://www.regulations.gov/. Then follow the
online search instructions to locate docket number ``NHTSA-2020-0033.''
II. Vehicles Involved
Approximately 47,742 MY 2019-2020 Anthem, Pinnacle, and Granite
model vehicles and MY 2016-2020 LR model vehicles manufactured between
July 12, 2015, and October 3, 2019, are potentially involved.
III. Noncompliance
Mack Trucks explains that the noncompliance is that the subject
vehicles are equipped with certain controls that are not properly
labeled with the appropriate symbols or words as required by paragraph
S5.2.1, Table 1 of FMVSS No. 101. Specifically, in the Anthem,
Pinnacle, Granite, and LR vehicles there is no identifier for the
heating and air conditioning fan control and the incorrect identifier
was used for the position side marker control. In the LR vehicles the
master lighting switch control is not identified with the required
symbol.
IV. Rule Requirements
Paragraph S5.2.1 of FMVSS No. 101 includes the requirements
relevant to this petition. Except for the Low Tire Pressure Telltale,
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 Mack Trucks' Petition
The following views and arguments presented in this section, ``V.
Summary of Mack Trucks' Petition,'' are the views and arguments
provided by Mack Trucks and do not reflect the views of the Agency.
Mack Trucks describes the subject noncompliance and contends that the
noncompliance is inconsequential as it relates to motor vehicle safety.
In support of its petition, Mack Trucks offers the following
reasoning:
1. For the heating and air conditioning fan control, the
requirement specified that the control must be labeled with the fan
symbol or the word ``fan.'' The required symbol or the word ``fan''
is not on the control. The rotary control has numbers 0 to 4 and is
located on the HVAC panel; therefore, it is obvious to the driver
that the control is for the fan speed. The owner's manual shows the
control and informs that the control is the fan speed. Operation of
the vehicles requires a Commercial Driver's License (CDL);
therefore, the driver will be a licensed professional driver.
2. For the position side marker, end-outline marker, or
identification or clearance lamps control, the control must be
labeled with the required symbol or the words ``Marker Lamps'' or
``MK Lps.'' The control uses a different symbol to identify the
marker. The rotary control has a symbol that indicates that the
position is for the parking lights. The position in the sequence
makes it discernible to the driver. The owner's manual shows the
control and informs that the pictured symbol is for the marker
lamps. Operation of the vehicle requires a CDL; therefore, the
driver will be a licensed professional.
3. For the Master Lighting Control, the control must be labeled
with the identified symbol or the word ``lights.'' The control is
not identified with the symbol or the word. The control is a three-
position toggle switch and includes the low beam headlight symbol
and the parking light symbol and, therefore, is discernible to the
driver. The owner's manual includes information on the control and
its purpose. Operation of the vehicles requires a CDL; therefore,
the driver will be a licensed professional driver.
4. Mack Trucks views these noncompliances as inconsequential to
the safe operation of the vehicle. Mack Trucks states that there are
no customer complaints, field reports, warranty claims, or accidents
associated with these noncompliances.
5. Class 7 & 8 vehicles require that the driver have CDL to
operate the vehicle.
Mack Trucks concludes by again contending that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
and that its petition 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.
Mack Trucks' complete petition and all supporting documents are
available by logging onto the Federal Docket Management System (FDMS)
website at: https://www.regulations.gov and by following the online
search instructions to locate the docket number as listed in the title
of this notice.
[[Page 23018]]
VI. Comment
NHTSA received one comment from the public. While the Agency takes
great interest in the public's concerns and appreciates the commenter's
feedback, the comment does not address the purpose of this particular
petition.
VII. NHTSA's Analysis
NHTSA has evaluated the merits of the inconsequential noncompliance
petition and supplemental materials submitted by Mack Trucks and has
determined that this particular noncompliance is inconsequential to
motor vehicle safety. Specifically, the Agency considered the following
when making its decision:
1. Each of the noncompliances described in Mack Truck's petition
involve deviations from the identification requirements in FMVSS
No.101, specifically mislabeled controls. Mislabeling may affect a
driver's recognition of a specific control, but it does not affect
the function of a control. For each of the mislabeled controls
described herein, the absence of a required label or use of an
incorrect label does not otherwise affect FMVSS No. 101's
identification and illumination requirements because other
identifying labels are present for each subject control, which
assist the driver in selecting the appropriate control.
2. Mack Trucks explained that the subject vehicles have a
heating and air conditioning fan control that is missing the
required label using the fan symbol or words specified in Table 1 of
FMVSS No. 101. While the subject rotary control is missing the
required label, it includes labeling of numbers 0 through 4
corresponding to increasing fan speed, and the rotary control is
adjacent to and grouped with other labeled controls associated with
heating and air conditioning functions on the same control panel;
consequently, in this instance, it would be evident to a driver that
the numbered rotary control is associated with fan speed for heating
and air conditioning, and the noncompliance would not be
consequential to safety.
3. Mack Trucks explained that the subject vehicles have marker
lamp controls that are labeled with a symbol \1\ that does not match
the symbol specified in Table 1 of FMVSS No. 101, and that the
symbol is still a lighting symbol rather than an arbitrary symbol.
Each subject vehicle's marker lamp control is part of a master
lighting control that includes multiple individually labeled
positions as either a rotary control or three-position switch lever.
For all subject vehicles except for the LR vehicles, the master
lighting control is labeled with the master lighting switch label
specified in Table 2 of FMVSS No. 101. The LR model vehicles are
equipped with a master lighting toggle switch that is not labeled
with the required symbol or word for identifying the master light
control as specified in Table 2 of FMVSS No. 101.
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\1\ The symbol used by Mack Trucks described in the petition is
a parking light symbol that is not recognized in FMVSS No. 101.
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For the Anthem, Pinnacle, and Granite model vehicles, the
incorrect marker lamp control label (which is an internationally
recognized parking light symbol, similar in nature to the marker
light symbol) would not be enough for a driver to confuse the
function of the control because it is part of the master lighting
switch; the master lighting switch otherwise includes the master
lighting switch label specified by the standard and other commonly
used lighting symbols. Notably, FMVSS No. 101 permits omission of
the marker lamp label when it is part of the master lighting
switch.\2\
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\2\ The standard permits omission of a separate marker lamp
identifier when the marker lamp control is included as part of the
master lighting switch (see 49 CFR 571.101 Table 1, Note 8);
however, the standard does not permit use of a marker lamp
identifier (symbol or word) other than those specified in the
standard.
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For the LR model vehicle, the master lighting switch is not
labeled with master lighting switch label, and the position for the
marker lamps is labeled with the same incorrect symbol for the
marker lamps. Still, all symbols that appear on the master lighting
switch (marker lamps and head lamps) are commonly recognizable as
lighting control symbols. Consequently, the specific control
implementations described in Mack Truck's petition and supplemental
materials are unlikely to alter a driver's understanding of the
lighting controls in a manner that would be consequential to safety.
4. As explained by Mack Trucks, the subject vehicles are trucks
that may only be driven by a professional driver holding a
commercial driver's license (CDL). NHTSA believes that the
qualifications required to drive these subject vehicles further
mitigates any remaining safety risk from the noncompliance.
VIII. NHTSA's Decision
In consideration of the foregoing, NHTSA finds that Mack Trucks has
met its burden of persuasion that the subject FMVSS No. 101
noncompliance in the affected vehicles is inconsequential to motor
vehicle safety. Accordingly, Mack Trucks' petition is hereby granted
and Mack Trucks is consequently exempted from the obligation of
providing notification of, and a free remedy for, that noncompliance
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 on
this petition only applies to the subject vehicles that Mack Trucks 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 Mack
Trucks 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. 2022-08228 Filed 4-15-22; 8:45 am]
BILLING CODE 4910-59-P