[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Notices]
[Pages 58423-58425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20660]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0033; Notice 1]


Mack Trucks Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

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

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ACTION: Receipt 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 receipt of Mack Trucks' 
petition as amended.

DATES: Send comments on or before October 19, 2020.

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 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).

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.
    This notice of receipt of Mack Trucks' 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. 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. They 
have not been evaluated by the Agency and do not reflect the views of 
the Agency. Mack Trucks described the subject noncompliance and stated 
their belief that the noncompliance is inconsequential as it relates to 
motor vehicle safety.
    In support of its petition, Mack Trucks submitted 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;

[[Page 58425]]

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 concluded by expressing its belief 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.
    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 Trucks no 
longer controlled at the time it 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 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. 2020-20660 Filed 9-17-20; 8:45 am]
BILLING CODE 4910-59-P


