Daimler Trucks North America, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 33551-33554 [2017-15256]
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Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices
Abstract: The National Highway
Traffic Safety Administration (NHTSA)
has requested OMB to extend that
agency’s approval of the information
collection that is incident to NHTSA’s
administration of the regulations at 49
CFR part 566 Manufacturer
identification. Those regulations require
manufacturers of motor vehicles or
motor vehicle equipment, other than
tires, to which a Federal motor vehicle
safety standard (FMVSS) applies, to
submit to NHTSA, on a one-time basis,
identifying information on themselves
and a description of the products that
they manufacture to those standards.
The information that must be submitted
includes: (a) The full individual,
partnership, or corporate name of the
manufacturer; (b) the residence address
of the manufacturer and State of
incorporation, if applicable; and (c) a
description of each type of motor
vehicle or of covered equipment
manufactured by the manufacturer,
including, for motor vehicles, the
approximate ranges of gross vehicle
weight ratings (GVWR) for each type.
The information must be submitted no
later than 30 days after the manufacturer
begins to manufacture motor vehicles or
motor vehicle equipment subject to the
FMVSS. No specific form need be used
for the submission of this information.
NHTSA provides an online portal with
a fillable web-based format for use in
submitting the required information.
This is described in a handbook entitled
Requirements for Manufacturers of
Motor Vehicles and Motor Vehicle
Equipment that can be accessed on the
agency’s Web site at https://
vpic.nhtsa.dot.gov. A description of the
reporting requirement is included on
pages 8 and 9 of the handbook. With
changes implemented in 2015,
manufacturers have been able to make
these submissions using an online
portal on the above agency Web site.
Manufacturers who have previously
submitted identifying information must
ensure that the information on file is
accurate and complete by submitting
revised information no later than 30
days after a change in the business that
affects the validity of that information
has occurred.
This information collection is
necessary to ensure that manufacturers
of motor vehicles and motor vehicle
equipment subject to the Federal motor
vehicle safety standards identify
themselves and their products to
NHTSA so that NHTSA may contact
them in the event that one of their
products is suspected or found to
contain a defect related to motor vehicle
safety or fails to comply with an
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applicable FMVSS. Manufacturers of
defective or noncompliant motor
vehicles or replacement motor vehicle
equipment are required under 49 U.S.C.
30118 to furnish notification of the
defect or noncompliance to the
Secretary of Transportation, and as well
as to owners, purchasers, and dealers of
the motor vehicle or replacement
equipment, and to remedy the defect or
noncompliance without charge to the
owner.
Affected Public: New manufacturers
of motor vehicles and motor vehicle
equipment, other than tires, subject to
the Federal motor vehicle safety
standards.
Estimated Total Annual Burden: 131
hours; $3,930.
ADDRESSES: Send comments, within 30
days, to the Office of Information and
Regulatory Affairs, Office of
Management and Budget, 725 17th
Street NW., Washington, DC 20503,
Attention NHTSA Desk Officer.
Comments are invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
including whether the information will
have practical utility; the accuracy of
the Department’s estimate of the burden
of the proposed information collection;
ways to enhance the quality, utility and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A Comment to OMB is most effective
if OMB receives it within 30 days of
publication.
Jeffrey M. Giuseppe,
Acting Associate Administrator, Enforcement.
[FR Doc. 2017–15252 Filed 7–19–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2017–0011; Notice 2]
Daimler Trucks North America, LLC,
Grant of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
AGENCY:
Daimler Trucks North
America, LLC (DTNA), has determined
that certain model year (MY) 2016–2017
Freightliner trucks do not fully comply
SUMMARY:
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33551
with Federal Motor Vehicle Safety
Standard (FMVSS) No. 101, Controls
and Displays. DTNA filed a
noncompliance report dated January 19,
2017, and amended it on January 25,
2017. DTNA also petitioned NHTSA on
January 20, 2017, for a decision that the
subject noncompliance is
inconsequential as it relates to motor
vehicle safety.
ADDRESSES: For further information on
this decision contact Stu Seigel, Office
of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5287, facsimile (202) 366–
3081.
SUPPLEMENTARY INFORMATION:
I. Overview: Daimler Trucks North
America (DTNA), has determined that
certain model year (MY) 2016–2017
Freightliner trucks do not fully comply
with Table 2 of Federal Motor Vehicle
Safety Standard (FMVSS) No. 101,
Controls and Displays. DTNA filed a
noncompliance report dated January 19,
2017, and amended it on January 25,
2017, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports. DTNA also
petitioned NHTSA on January 20, 2017,
pursuant to 49 U.S.C. 30118(d) and
30120(h) and 49 CFR part 556, 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.
Notice of receipt of the petition was
published with a 30-day public
comment period, on April 7, 2017, in
the Federal Register (82 FR 17069). No
comments were received. To view the
petition and all supporting documents
log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2017–
0011.’’
II. Vehicles Involved: Affected are
approximately 81,641 MY 2016–2017
versions of the following trucks,
manufactured between March 2, 2015
and September 8, 2016:
• Freightliner 108SD
• Freightliner Business Class M2
• Freightliner Cascadia
• Freightliner 114SD
III. Noncompliance: DTNA explains
that the noncompliance is that the Low
Brake Air Pressure telltale for air brake
systems displays the word ‘‘BRAKE’’
and a message on an adjacent display
screen says ‘‘LOW AIR’’, rather than the
words ‘‘BRAKE AIR,’’ as specified in
Table 2 of FMVSS No. 101. DTNA states
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Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices
‘‘BRAKE AIR,’’ together with a message
on the display screen saying ‘‘LOW
AIR!’’ and an audible alert that occurs
in the subject vehicles would alert the
driver to an air issue with the brake
system. Once alerted, the driver can
check the actual air pressure by reading
the primary and secondary air gauges
and seeing the contrasting color on the
gauges indicating low pressure.
(b) NHTSA stated in a 2005 FMVSS
No. 101 rulemaking that the reason for
including vehicles over 10,000 pounds
in the requirements of FMVSS No. 101
V. Summary of DTNA’s Petition:
DTNA described the subject
noncompliance and stated its belief that
the noncompliance is inconsequential
as it relates to motor vehicle safety.
In support of its petition, DTNA
submitted the following reasoning:
(a) DTNA notes that the purpose of
the low brake air pressure telltale is to
alert the driver to a low air condition,
consistent with the requirements of
FMVSS No. 121, S5.1.5 (warning
signal). The word ‘‘BRAKE’’ instead of
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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.’’
BILLING CODE 4910–59–P
is that there is a need for drivers of
heavier vehicles to see and identify their
displays, just as there is for drivers of
lighter vehicles. See 70 FR 48295, 48298
(Aug. 17, 2005). The telltale in the
subject vehicles saying ‘‘BRAKE’’ and
the message on the display screen that
says ‘‘LOW AIR!’’ would allow the
driver to see and identify the improper
functioning system as was the intent of
the rule, thus serving the purpose of the
FMVSS No. 101 requirement.
(c) Drivers of commercial vehicles
would conduct daily pre-trip
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1 or Table 2 must meet the requirements
of this standard for the location,
identification, color, and illumination of
that control, telltale or indicator.’’
Paragraph S5.2.1 of FMVSS No. 101
provides, in pertinent part: ‘‘. . . each
control, telltale and indicator that is
BILLING CODE 4910–59–C
asabaliauskas on DSKBBXCHB2PROD with NOTICES
that the telltale is accompanied by an
audible alert and pressure gauges.
IV. Rule Text: Paragraph S5 of FMVSS
No. 101 provides: ‘‘Each passenger car,
multipurpose passenger vehicle, truck
and bus that is fitted with a control, a
telltale, or an indicator listed in Table
Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices
inspections of their vehicles paying
particular attention to the warning signs
and gauges to ensure correct
functionality of their vehicles braking
system, before driving the vehicle.
Drivers therefore would be very familiar
with the telltales and other warnings,
and their meaning, in the event a low air
warning was to occur while the vehicle
was driven.
(d) There are two scenarios when a
low brake air pressure condition would
exist: A parked vehicle and a moving
vehicle. Each of these are discussed
separately below; in each scenario, there
is ample warning provided to the driver
of low brake air pressure.
1. Parked Vehicle
The driver of an air-braked vehicle
must ensure that the vehicle has enough
brake air pressure to operate safely. At
startup, the vehicle will likely be in a
low air condition. When in a low air
condition the following warnings would
occur, conditioning the driver over time
as to the purpose of the telltale, message
and audible alerts and under what
conditions they are activated.
• Red contrasting color of the telltale
saying ‘‘BRAKE’’
• Message on the display screen that
says ‘‘LOW AIR!’’
• Audible alert to the driver as long as
the vehicle has low air
• Air gauges for the primary and
secondary air tanks clearly showing
the air pressure in the system
• Red contrasting color on the air
gauges indicating when the pressure
is low
• Difficulty/inability of releasing the
parking brakes with low air
• Reduced drivability if the driver
attempts to drive with the parking
brakes applied
asabaliauskas on DSKBBXCHB2PROD with NOTICES
2. Moving Vehicle
If a low brake air pressure situation
occurs while driving, the function of the
service brakes may be reduced or lost
and, eventually if the pressure gets low
enough, the parking brakes will engage.
The driver must pull to the side of the
road and apply the parking brakes as
soon as possible. A loss of brake air
pressure while driving represents a
malfunctioning brake system and
requires immediate action from the
driver. Drivers recognize that a telltale
illuminated in red represents a
malfunction which needs to be
remedied.
The following warning would occur if
a low air condition occurred while
driving.
• Red contrasting color of the telltale
saying ‘‘BRAKE’’
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• Message on the display screen that
says ‘‘LOW AIR!’’
• Audible alert to the driver as long as
the vehicle has low air
• Air gauges for the primary and
secondary air tanks clearly showing
the air pressure in the system
• Red contrasting color on the air
gauges indicating when the pressure
is low.
(e) The functionality of both the
parking brake system and the service
brake system remains unaffected by the
‘‘BRAKE’’ telltale used in the subject
vehicles.
(f) NHTSA Precedents—DTNA notes
that NHTSA has previously granted
petitions for decisions of
inconsequential noncompliance for
similar brake telltale issues. See Docket
No. NHTSA–2012–0004, 78 FR 69931
(November 21, 2013) (grant of petition
for Ford Motor Company) and Docket
No. NHTSA–2014–0046, 79 FR 78559
(December 30, 2014) (grant of petition
for Chrysler Group, LLC). In both of
these instances, the vehicles at issue did
not have the exact wording as required
under FMVSS No. 101. The available
warnings were deemed sufficient to
provide the necessary driver warning.
DTNA respectfully suggest that the same
is true for the subject vehicles: The red
‘‘BRAKE’’ telltale and the ‘‘LOW AIR!’’
pop-up message, together with other
warnings and alerts, are fully sufficient
to warn the driver of a low brake air
pressure situation.
DTNA concluded by expressing the
belief 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
U.S.C. 30118, and a remedy for the
noncompliance, as required by 49
U.S.C. 30120, should be granted.
NHTSA’S Decision
NHTSA’s Analysis: NHTSA has
reviewed DTNA’s analyses that the
subject noncompliance is
inconsequential to motor vehicle safety.
Specifically, the telltale marking for low
brake air pressure says ‘‘Brake’’ instead
of ‘‘Brake Air’’ as required in table 2 of
FMVSS No. 101 and FMVSS No. 121.
We believe that this incomplete labeling
poses no risk to motor vehicle safety
because multiple sources of
information, as discussed below, are
simultaneously activated to properly
warn the driver of the low air condition.
1. When a low air pressure situation
exists, for both a parked or moving
vehicle, the ‘‘Brake’’ telltale will
activate in red letters with a black
background. There are no requirements
in FMVSS No. 101 or 121 for the color
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33553
of the telltale, but DTNA’s use of red,
which is an accepted color representing
an urgent condition, provides a
definitive indication of a situation that
needs attention.
2. Activation of the ‘‘Brake’’ telltale is
accompanied by illumination on the
instrument cluster message display
screen with the words ‘‘LOW AIR!’’ in
white, upper case lettering with a green
background. The height of the lettering
appears greater than that of the
surrounding telltales and is followed by
an exclamation point for increased
importance. In a follow-up telephone
conversation with DTNA after notice of
receipt of petition was published, DTNA
confirmed that the lettering height was
one quarter inch. Although there is no
lettering height requirement for ‘‘Brake
Air,’’ and the specification is only that
the warning be visible, for reference, a
common minimum height for many
FMVSS visual indicators is one-eighth
inch. This combined with the green
rectangular background, which also is
comparatively large, is readily visible to
the operator and is unlikely to be
overlooked. Both the ‘‘BRAKE’’ telltale
and the ‘‘LOW AIR!’’ message are in
clear view of the driver and when
activated will alert the driver of a brake
system malfunction.
3. Simultaneous to illumination of
both the ‘‘Brake’’ telltale and ‘‘LOW
AIR!’’ in the message center, is
activation of an audible alert, further
notifying the operator that a
malfunction exists requiring corrective
action. Although the alert would not in
and of itself identify the problem, a
driver would be prompted by the
warning tone to heed the telltales and
warning messages activated in the
instrument cluster (i.e., ‘‘Brake’’ and
‘‘LOW AIR!’’).
4. In a low pressure situation, the
operator is provided additional feedback
by the primary and secondary
instrument cluster air gauges which are
marked with PSI numerical values along
with red-delineated ranges where the
needle pointers would be positioned
during a low pressure condition.
5. NHTSA agrees with DTNA that for
a vehicle that is parked, if a low air
condition were present, along with the
operator feedback described above,
there would be difficulty or an inability
to release the parking brake and/or
reduced drivability, as sufficient air in
the system is required to release the
parking brake.
6. Further, NHTSA agrees with
DTNA’s contention that the
functionality of the parking brake
system and the braking performance of
the service brake system remains
unaffected by use of the telltale word
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‘‘Brake’’ instead of ‘‘Brake Air’’ on the
subject vehicles.
7. Lastly, NHTSA believes that, as
these affected trucks are predominately
used as commercial vehicles with
professional drivers, operators will
monitor their vehicle’s condition and
take note of any warning signs and
gauge readings to ensure proper
functionality of all systems. As DTNA
states, and we agree, drivers will be
familiar with the meaning of telltales
and other warnings and the feedback
provided to the driver in these vehicles
if a low brake pressure condition exists
would be well understood.
NHTSA concludes that simultaneous
activation of red ‘‘Brake’’ telltale with a
black contrasting background, message
center wording ‘‘LOW AIR!’’ in large
white letters on a substantially sized
green contrasting background, and an
audible alert for a low air pressure
condition, along with the primary and
secondary air gauge indicators, and the
reduced drivability of the vehicles
under a low air pressure condition,
provides adequate notification to the
operator that a brake malfunction exists.
NHTSA further concludes that the
discrepancy with the labeling
requirement is unlikely to lead to any
misunderstanding since other sources of
correct information beyond the ‘‘Brake’’
telltale, are always provided.
NHTSA’s Decision: In consideration
of the foregoing, NHTSA finds that
DTNA has met its burden of persuasion
that the FMVSS No. 101 noncompliance
is inconsequential as it relates to motor
vehicle safety. Accordingly, DTNA’s
petition is hereby granted and DTNA is
consequently exempted from the
obligation to provide notification of, and
remedy for, the subject noncompliance
in the affected vehicles 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 only applies to the subject
vehicles that DTNA 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
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control after DTNA 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.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017–15256 Filed 7–19–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[U.S. DOT Docket No. NHTSA–2017–0051]
Reports, Forms, and Record Keeping
Requirements
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Request for public comment on
proposed collection of information.
AGENCY:
Before a Federal agency can
collect certain information from the
public, it must receive approval from
the Office of Management and Budget
(OMB). Under procedures established
by the Paperwork Reduction Act of
1995, before seeking OMB approval,
Federal agencies must solicit public
comment on proposed collections of
information, including extensions and
reinstatements of previously approved
collections. This document describes
the collection of information for which
NHTSA intends to seek OMB approval.
DATES: Comments must be received on
or before September 18, 2017.
ADDRESSES: You may submit comments
identified by DOT Docket Number
NHTSA–2017–0051 using any of the
following methods:
Electronic submissions: Go to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Mail: Docket Management Facility,
M–30, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590.
Hand Delivery: West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Fax: 1–202–493–2251.
Each submission must include the
agency name and the docket number for
this notice. Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
FOR FURTHER INFORMATION CONTACT:
Kathy J. Sifrit, Contracting Officer’s
SUMMARY:
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Representative, Office of Behavioral
Safety Research (NPD–320), National
Highway Traffic Safety Administration,
1200 New Jersey Avenue SE, W46–466,
Washington, DC 20590. Dr. Sifrit’s
phone number is 202–366–0868, and
her email address is kathy.sifrit@
dot.gov.
Under the
Paperwork Reduction Act of 1995,
before an agency submits a proposed
collection of information to OMB for
approval, it must publish a document in
the Federal Register providing a 60-day
comment period and otherwise consult
with members of the public and affected
agencies concerning each proposed
collection of information. The OMB has
promulgated regulations describing
what must be included in such a
document. Under OMB’s regulations (at
5 CFR 1320.8(d)), an agency must ask
for public comment on the following:
(i) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(ii) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
(iii) How to enhance the quality,
utility, and clarity of the information to
be collected; and
(iv) How to minimize the burden of
the collection of information on those
who are to respond, including the use
of appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
In compliance with these
requirements, NHTSA asks public
comment on the following proposed
collection of information:
Title: Older Driver Rearview Video
Systems.
Type of Request: New information
collection.
OMB Clearance Number: None.
Form Number: NHTSA Forms 1398
and 1399.
Requested Expiration Date of
Approval: 3 years from date of approval.
Summary of the Collection of
Information: The National Highway
Traffic Safety Administration (NHTSA)
proposes to collect information from
older licensed drivers about their
driving performance, driving habits, and
levels of familiarity with rearview video
systems (RVSs), and to measure their
ability to avoid obstacles while backing
using an RVS as compared to using only
mirrors and shoulder checks. Following
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Notices]
[Pages 33551-33554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15256]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0011; Notice 2]
Daimler Trucks North America, LLC, Grant of Petition for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
-----------------------------------------------------------------------
SUMMARY: Daimler Trucks North America, LLC (DTNA), has determined that
certain model year (MY) 2016-2017 Freightliner trucks do not fully
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101,
Controls and Displays. DTNA filed a noncompliance report dated January
19, 2017, and amended it on January 25, 2017. DTNA also petitioned
NHTSA on January 20, 2017, for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.
ADDRESSES: For further information on this decision contact Stu Seigel,
Office of Vehicle Safety Compliance, the National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-5287, facsimile
(202) 366-3081.
SUPPLEMENTARY INFORMATION:
I. Overview: Daimler Trucks North America (DTNA), has determined
that certain model year (MY) 2016-2017 Freightliner trucks do not fully
comply with Table 2 of Federal Motor Vehicle Safety Standard (FMVSS)
No. 101, Controls and Displays. DTNA filed a noncompliance report dated
January 19, 2017, and amended it on January 25, 2017, pursuant to 49
CFR part 573, Defect and Noncompliance Responsibility and Reports. DTNA
also petitioned NHTSA on January 20, 2017, pursuant to 49 U.S.C.
30118(d) and 30120(h) and 49 CFR part 556, 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.
Notice of receipt of the petition was published with a 30-day
public comment period, on April 7, 2017, in the Federal Register (82 FR
17069). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: https://www.regulations.gov/. Then follow the
online search instructions to locate docket number ``NHTSA-2017-0011.''
II. Vehicles Involved: Affected are approximately 81,641 MY 2016-
2017 versions of the following trucks, manufactured between March 2,
2015 and September 8, 2016:
Freightliner 108SD
Freightliner Business Class M2
Freightliner Cascadia
Freightliner 114SD
III. Noncompliance: DTNA explains that the noncompliance is that
the Low Brake Air Pressure telltale for air brake systems displays the
word ``BRAKE'' and a message on an adjacent display screen says ``LOW
AIR'', rather than the words ``BRAKE AIR,'' as specified in Table 2 of
FMVSS No. 101. DTNA states
[[Page 33552]]
that the telltale is accompanied by an audible alert and pressure
gauges.
IV. Rule Text: Paragraph S5 of FMVSS No. 101 provides: ``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 this standard for the location,
identification, color, and illumination of that control, telltale or
indicator.''
Paragraph S5.2.1 of FMVSS No. 101 provides, in pertinent part: ``.
. . 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.''
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BILLING CODE 4910-59-C
V. Summary of DTNA's Petition: DTNA described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential as it relates to motor vehicle safety.
In support of its petition, DTNA submitted the following reasoning:
(a) DTNA notes that the purpose of the low brake air pressure
telltale is to alert the driver to a low air condition, consistent with
the requirements of FMVSS No. 121, S5.1.5 (warning signal). The word
``BRAKE'' instead of ``BRAKE AIR,'' together with a message on the
display screen saying ``LOW AIR!'' and an audible alert that occurs in
the subject vehicles would alert the driver to an air issue with the
brake system. Once alerted, the driver can check the actual air
pressure by reading the primary and secondary air gauges and seeing the
contrasting color on the gauges indicating low pressure.
(b) NHTSA stated in a 2005 FMVSS No. 101 rulemaking that the reason
for including vehicles over 10,000 pounds in the requirements of FMVSS
No. 101 is that there is a need for drivers of heavier vehicles to see
and identify their displays, just as there is for drivers of lighter
vehicles. See 70 FR 48295, 48298 (Aug. 17, 2005). The telltale in the
subject vehicles saying ``BRAKE'' and the message on the display screen
that says ``LOW AIR!'' would allow the driver to see and identify the
improper functioning system as was the intent of the rule, thus serving
the purpose of the FMVSS No. 101 requirement.
(c) Drivers of commercial vehicles would conduct daily pre-trip
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inspections of their vehicles paying particular attention to the
warning signs and gauges to ensure correct functionality of their
vehicles braking system, before driving the vehicle. Drivers therefore
would be very familiar with the telltales and other warnings, and their
meaning, in the event a low air warning was to occur while the vehicle
was driven.
(d) There are two scenarios when a low brake air pressure condition
would exist: A parked vehicle and a moving vehicle. Each of these are
discussed separately below; in each scenario, there is ample warning
provided to the driver of low brake air pressure.
1. Parked Vehicle
The driver of an air-braked vehicle must ensure that the vehicle
has enough brake air pressure to operate safely. At startup, the
vehicle will likely be in a low air condition. When in a low air
condition the following warnings would occur, conditioning the driver
over time as to the purpose of the telltale, message and audible alerts
and under what conditions they are activated.
Red contrasting color of the telltale saying ``BRAKE''
Message on the display screen that says ``LOW AIR!''
Audible alert to the driver as long as the vehicle has low air
Air gauges for the primary and secondary air tanks clearly
showing the air pressure in the system
Red contrasting color on the air gauges indicating when the
pressure is low
Difficulty/inability of releasing the parking brakes with low
air
Reduced drivability if the driver attempts to drive with the
parking brakes applied
2. Moving Vehicle
If a low brake air pressure situation occurs while driving, the
function of the service brakes may be reduced or lost and, eventually
if the pressure gets low enough, the parking brakes will engage. The
driver must pull to the side of the road and apply the parking brakes
as soon as possible. A loss of brake air pressure while driving
represents a malfunctioning brake system and requires immediate action
from the driver. Drivers recognize that a telltale illuminated in red
represents a malfunction which needs to be remedied.
The following warning would occur if a low air condition occurred
while driving.
Red contrasting color of the telltale saying ``BRAKE''
Message on the display screen that says ``LOW AIR!''
Audible alert to the driver as long as the vehicle has low air
Air gauges for the primary and secondary air tanks clearly
showing the air pressure in the system
Red contrasting color on the air gauges indicating when the
pressure is low.
(e) The functionality of both the parking brake system and the
service brake system remains unaffected by the ``BRAKE'' telltale used
in the subject vehicles.
(f) NHTSA Precedents--DTNA notes that NHTSA has previously granted
petitions for decisions of inconsequential noncompliance for similar
brake telltale issues. See Docket No. NHTSA-2012-0004, 78 FR 69931
(November 21, 2013) (grant of petition for Ford Motor Company) and
Docket No. NHTSA-2014-0046, 79 FR 78559 (December 30, 2014) (grant of
petition for Chrysler Group, LLC). In both of these instances, the
vehicles at issue did not have the exact wording as required under
FMVSS No. 101. The available warnings were deemed sufficient to provide
the necessary driver warning. DTNA respectfully suggest that the same
is true for the subject vehicles: The red ``BRAKE'' telltale and the
``LOW AIR!'' pop-up message, together with other warnings and alerts,
are fully sufficient to warn the driver of a low brake air pressure
situation.
DTNA concluded by expressing the belief 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 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
NHTSA'S Decision
NHTSA's Analysis: NHTSA has reviewed DTNA's analyses that the
subject noncompliance is inconsequential to motor vehicle safety.
Specifically, the telltale marking for low brake air pressure says
``Brake'' instead of ``Brake Air'' as required in table 2 of FMVSS No.
101 and FMVSS No. 121. We believe that this incomplete labeling poses
no risk to motor vehicle safety because multiple sources of
information, as discussed below, are simultaneously activated to
properly warn the driver of the low air condition.
1. When a low air pressure situation exists, for both a parked or
moving vehicle, the ``Brake'' telltale will activate in red letters
with a black background. There are no requirements in FMVSS No. 101 or
121 for the color of the telltale, but DTNA's use of red, which is an
accepted color representing an urgent condition, provides a definitive
indication of a situation that needs attention.
2. Activation of the ``Brake'' telltale is accompanied by
illumination on the instrument cluster message display screen with the
words ``LOW AIR!'' in white, upper case lettering with a green
background. The height of the lettering appears greater than that of
the surrounding telltales and is followed by an exclamation point for
increased importance. In a follow-up telephone conversation with DTNA
after notice of receipt of petition was published, DTNA confirmed that
the lettering height was one quarter inch. Although there is no
lettering height requirement for ``Brake Air,'' and the specification
is only that the warning be visible, for reference, a common minimum
height for many FMVSS visual indicators is one-eighth inch. This
combined with the green rectangular background, which also is
comparatively large, is readily visible to the operator and is unlikely
to be overlooked. Both the ``BRAKE'' telltale and the ``LOW AIR!''
message are in clear view of the driver and when activated will alert
the driver of a brake system malfunction.
3. Simultaneous to illumination of both the ``Brake'' telltale and
``LOW AIR!'' in the message center, is activation of an audible alert,
further notifying the operator that a malfunction exists requiring
corrective action. Although the alert would not in and of itself
identify the problem, a driver would be prompted by the warning tone to
heed the telltales and warning messages activated in the instrument
cluster (i.e., ``Brake'' and ``LOW AIR!'').
4. In a low pressure situation, the operator is provided additional
feedback by the primary and secondary instrument cluster air gauges
which are marked with PSI numerical values along with red-delineated
ranges where the needle pointers would be positioned during a low
pressure condition.
5. NHTSA agrees with DTNA that for a vehicle that is parked, if a
low air condition were present, along with the operator feedback
described above, there would be difficulty or an inability to release
the parking brake and/or reduced drivability, as sufficient air in the
system is required to release the parking brake.
6. Further, NHTSA agrees with DTNA's contention that the
functionality of the parking brake system and the braking performance
of the service brake system remains unaffected by use of the telltale
word
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``Brake'' instead of ``Brake Air'' on the subject vehicles.
7. Lastly, NHTSA believes that, as these affected trucks are
predominately used as commercial vehicles with professional drivers,
operators will monitor their vehicle's condition and take note of any
warning signs and gauge readings to ensure proper functionality of all
systems. As DTNA states, and we agree, drivers will be familiar with
the meaning of telltales and other warnings and the feedback provided
to the driver in these vehicles if a low brake pressure condition
exists would be well understood.
NHTSA concludes that simultaneous activation of red ``Brake''
telltale with a black contrasting background, message center wording
``LOW AIR!'' in large white letters on a substantially sized green
contrasting background, and an audible alert for a low air pressure
condition, along with the primary and secondary air gauge indicators,
and the reduced drivability of the vehicles under a low air pressure
condition, provides adequate notification to the operator that a brake
malfunction exists. NHTSA further concludes that the discrepancy with
the labeling requirement is unlikely to lead to any misunderstanding
since other sources of correct information beyond the ``Brake''
telltale, are always provided.
NHTSA's Decision: In consideration of the foregoing, NHTSA finds
that DTNA has met its burden of persuasion that the FMVSS No. 101
noncompliance is inconsequential as it relates to motor vehicle safety.
Accordingly, DTNA's petition is hereby granted and DTNA is consequently
exempted from the obligation to provide notification of, and remedy
for, the subject noncompliance in the affected vehicles 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
only applies to the subject vehicles that DTNA 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 DTNA 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.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-15256 Filed 7-19-17; 8:45 am]
BILLING CODE 4910-59-P
