Volvo Trucks North America and Mack Trucks, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
|---|
Topics: Volvo, Mack
|
Claude H. Harris
National Highway Traffic Safety Administration
December 8, 2010
[Federal Register: December 8, 2010 (Volume 75, Number 235)]
[Notices]
[Page 76518-76519]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de10-148]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0160; Notice 1]
Volvo Trucks North America and Mack Trucks, Inc., Receipt of
Petition for Decision of Inconsequential Noncompliance
North American Trucks on behalf of Volvo Trucks North America (VTN)
and
[[Page 76519]]
Mack Trucks, Inc. (MTI) \1\ has determined that certain 2008 through
2010 Volvo VHD model, 2008 and 2009 Volvo VHL model, 2008 and 2009
Volvo VNL model, 2008 Volvo VT model, and 2008 through 2010 Mack CHU,
CXU and GU model trucks that were built with certain Meritor WABCO ABS
Modulator valves failed to meet the requirements of paragraph
S5.3.4.1(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 121,
Air Brake Systems. VTN and MTI filed appropriate reports pursuant to 49
CFR Part 573, Defect and Noncompliance Responsibility and Reports; the
original submission is dated April 10, 2010, and a corrected version is
dated May 28, 2010.
---------------------------------------------------------------------------
\1\ Volvo Trucks North America and Mack Trucks, Inc., are both
United States corporations that import and manufacture motor
vehicles.
---------------------------------------------------------------------------
Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR Part 556), VTN and MTI have petitioned for an exemption from
the notification and remedy requirements of 49 U.S.C. Chapter 301 on
the basis that this noncompliance is inconsequential to motor vehicle
safety.
This notice of receipt of the VTN and MTI 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.
VTN stated that the affected Volvo VNL, VNM, and VHD model trucks
were manufactured from March 1, 2007 through December 11, 2009. A total
of 1,916 affected Volvo trucks were manufactured of which 1,763 were
sold in the U.S.
MTI stated that the affected Mack CHU, CXU and GU model trucks were
manufactured from March 1, 2007, through December 11, 2009. A total
1,287 affected Mack trucks were manufactured of which 1,202 were sold
in the U.S.
Only the trucks sold in the United States are the subject of their
petition.
Paragraph S5.3.4.1(a) of FMVSS No. 121 requires:
S5.3.4.1(a) With an initial service brake chamber air pressure
of 95 psi, the air pressure in each brake chamber shall, when
measured from the first movement of the service brake control, fall
to 5 psi in not more than 0.55 second in the case of trucks and
buses; 1.00 second in the case of trailers, other than trailer
converter dollies, designed to tow another vehicle equipped with air
brakes; 1.10 seconds in the case of trailer converter dollies; and
1.20 seconds in the case of trailers other than trailers designed to
tow another vehicle equipped with air brakes. A vehicle designated
to tow another vehicle equipped with air brakes shall meet the above
release time requirement with a 50-cubic-inch test reservoir
connected to the control line output coupling. A trailer, including
a trailer converter dolly, shall meet the above release time
requirement with its control line input coupling connected to the
test rig shown in Figure 1.
(b) For vehicles designed to tow another vehicle equipped with
air brakes, the pressure in the 50-cubic-inch test reservoir
referred to in S5.3.4.1(a) shall, when measured from the first
movement of the service brake control, fall to 5 psi in not more
than 0.75 seconds in the case of trucks and buses, 1.10 seconds in
the case of trailer converter dollies, and 1.00 seconds in the case
of trailers other than trailer converter dollies.
VTN and MTI state that the noncompliance is that the quick release
service brake function may not activate properly during FMVSS No. 121
brake pressure release certification testing due to an internal
component variation in certain Meritor WABCO ABS modulator valves
installed on the subject vehicles. As a result, certain vehicles may
not comply with the FMVSS No. 121 brake pressure release timing
requirement as specified in S5.3.4.1(a). However, VTN and MTI indicate
that they do not believe that this issue has any effect on the ABS
performance of the brake system.
VTN and MTI also state that they have taken steps to correct the
noncompliance in future production.
VTN and MTI rely on the test report submitted with the petition to
support their contention that the described FMVSS No. 121 noncompliance
is inconsequential to motor vehicle safety.
In summary, VTN and MTI believe that their petition, to exempt them
from providing recall notification of noncompliance as required by 49
U.S.C. 30118 and remedying the recall 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.
Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
a. 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.
b. By hand delivery 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 am to 5 pm except Federal Holidays.
c. Electronically: By logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
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 your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
Comment closing date: January 7, 2011.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.
Issued on: December 2, 2010.
Claude H. Harris,
Acting Associate Administrator for Enforcement.
[FR Doc. 2010-30839 Filed 12-7-10; 8:45 am]
BILLING CODE 4910-59-P