[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Notices]
[Pages 43663-43664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17949]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0029; NHTSA-2019-0030; Notice 1]


Mack Trucks, Inc., and Volvo Trucks North America, Receipt of 
Petitions for Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petitions.

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SUMMARY: Mack Trucks Inc., (Mack) and Volvo Trucks North America 
(Volvo) have determined that certain model year (MY) 2014-2019 Mack 
Trucks and certain MY 2014-2019 Volvo Trucks do not comply with Federal 
Motor Vehicle Safety Standard (FMVSS) 101, Controls and Displays. Both 
Mack and Volvo filed noncompliance reports dated August 16, 2018, and 
later amended them on August 23, 2018, and June 2, 2019. Both Mack and 
Volvo subsequently petitioned NHTSA on October 9, 2018, and later 
amended their petition on May 29, 2019, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety. 
This notice announces receipt of both Mack and Volvo's petitions.

DATES: Send comments on or before September 20, 2019.

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 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 dockets. 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).

SUPPLEMENTARY INFORMATION:

I. Overview

    Mack and Volvo have determined that certain MY 2014-2019 Mack 
Trucks and MY 2014-2019 Volvo Trucks do not comply with Table 2 of 
FMVSS 101, Controls and Displays (49 CFR 571.101). Both Mack and Volvo 
filed noncompliance reports dated August 16, 2018, and later amended 
them on August 23, 2018, and June 2, 2019, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports. Both Mack and 
Volvo subsequently petitioned NHTSA on October 9, 2018, and later 
amended their petitions on May 29, 2019, 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.
    This notice of receipt of Mack's and Volvo's petitions 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 their 
petitions.

II. Vehicles Involved

    Approximately 95,000 MY 2014-2019 Mack Anthem, Granite, LR, 
Pinnacle, TerraPro, and Titan Trucks, manufactured between September 1, 
2013, and August 13, 2018, are potentially involved.
    Approximately 130,000 MY 2014-2019 Volvo VAH, VHD, VNL, VNM, VNR, 
VNX, and VT Trucks, manufactured between September 1, 2013, and August 
13, 2018, are potentially involved.

III. Noncompliance

    Mack and Volvo explained that the noncompliance is that the Low 
Brake Air Pressure telltale for air brake

[[Page 43664]]

systems does not display the words ``Brake Air,'' as specified in Table 
2 of FMVSS No. 101. The subject Mack vehicles include various 
combinations of low air telltales, pressure gauges, and available 
alerts, and the subject Volvo vehicles include both visual and audible 
warnings that are not an exact match to the ``Brake Air'' telltale 
requirement.

IV. Rule Requirements

    Paragraphs S5 and S5.2.1 of FMVSS No. 101 includes the requirements 
relevant to this petition. 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 
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

    Mack and Volvo both described the subject noncompliance and stated 
its belief that the noncompliance is inconsequential as it relates to 
motor vehicle safety.
    In support of their petitions, Mack and Volvo submitted the 
following reasoning:
    1. Both Mack and Volvo provide a visual and audible alarm along 
with an air pressure gauges and feel that their vehicles, even though 
non-compliant, meet the intent of the regulation to provide a clear and 
visible warning to the driver when the air pressure in the service 
reservoir system is below 60 psi.
    2. For Mack Granite, Pinnacle, and Titan model vehicles that are 
2018 and earlier, the display includes two gauges and a red low air 
pressure indicator lamp for each gauge. When a low air pressure 
situation occurs, the driver is warned through the gauge, a red 
indicator lamp in each gauge, and an audible warning.
    3. For Mack LR model vehicles, two pressure gauges, a low air 
telltale, a popup in the display, and an audible alarm are provided.
    4. For Mack TerraPro model vehicles, pressure gauges, a low air 
telltale, and an audible alarm are provided.
    5. On 2019 and later Anthem, Pinnacle, and Granite model vehicles, 
pressure gauges, a low air pressure pop-up (System Air Pressure is 
Low), and an audible alarm are provided.
    6. For Volvo, 2014-2019 models, the display includes two gauges and 
a red low air pressure indicator lamp for each gauge. When a low air 
pressure situation occurs, the driver is warned through the gauge, a 
red indicator lamp in each gauge, and an audible warning. On all models 
and model years, a pop-up (Low System Air Pressure) is provided in 
addition to the gauges, a low-pressure indicator, and an audible alarm.
    Both Mack and Volvo concluded by expressing the belief that the 
subject noncompliance is inconsequential as it relates to motor vehicle 
safety, and that their petitions to be exempt 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.

VI. NHTSA's Consideration

    Any manufacturer that determines a noncompliance to exist and 
intends to petition the agency, pursuant to 49 CFR part 556.4(c), must 
submit their petition no later than 30 days after such determination. 
Both Mack and Volvo submitted their petitions 25 days past the 30-day 
requirement. However, due to the nature of the noncompliance and 
considering that the agency has previously granted similar untimely 
inconsequential noncompliance petitions, the agency has decided to 
accept both Mack and Volvo's petitions. Nonetheless, NHTSA cautions 
these petitioners, and all petitioners, that our discretionary 
acceptance of these petitions should not be viewed as precedential and 
that untimely petitions may be rejected in the future.
    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 vehicles that Mack and Volvo 
no longer controlled at the time they determined that the noncompliance 
existed. However, any decision on 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 noncompliant vehicles under their control after Mack and 
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. 2019-17949 Filed 8-20-19; 8:45 am]
BILLING CODE 4910-59-P


