[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


