PACCAR Incorporated, Receipt of Petition for Decision of Inconsequential Noncompliance, 59419-59420 [2013-23366]

Download as PDF Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Notices and reverse commute projects, and administrative assistance for rural public transit services and rural intercity bus service. Section 5311(c)(1) provides that the Secretary shall establish the terms and conditions for the Tribal Transit Program. When Indian tribes receive funds under a State’s Section 5311 program funds, all Federal requirements attach. When Indian tribes receive Tribal Transit funds, they must comply with certain cross-cutting requirements as listed in section 7 of this chapter. FTA proposes that no local match is required for the formula program, or for planning grants made under the discretionary program. We propose a 10 percent local match requirement for discretionary grants made for both capital and operating expenses. In order to be eligible for Tribal Transit funds, Indian tribes must report to the National Transit Database. Information regarding this reporting requirement is in section 13 of this chapter. FTA seeks comment on the content of Chapter X. tkelley on DSK3SPTVN1PROD with NOTICES K. Chapter XI—Other Provisions Chapter XI provides summaries of FTA-specific and other Federal requirements with which Section 5311 recipients must comply. FTA proposes a number of changes to this chapter consistent with changes in the law. Section 5323(b), as amended by SAFETEA–LU, Notice and Public Hearing, was repealed by MAP–21, and FTA has removed discussion of this section from the proposed circular. This section applied to capital projects that would substantially affect a community. FTA notes that while Section 5323 was repealed, there are other requirements for public notice and comment and opportunities for a hearing as part of the environmental review process and various planning processes. We propose streamlining the Environmental Review section, we have added a section on Environmental Justice, we have amended the section on Safety and Security, and we have made clarifying edits to a number of sections. FTA seeks comment on the content of Chapter XI. L. Appendices The proposed appendices are intended as tools to assist recipients in submitting grant applications. Appendix A provides instructions for preparing grant applications to FTA. In the section on the pre-application stage, we propose revising the ‘‘Environmental Determination’’ paragraph, and we propose adding a new section explaining the documentation requirements for the use of flexible VerDate Mar<15>2010 18:19 Sep 25, 2013 Jkt 229001 funds. The section covering the submission of an application is revised and expanded and is no longer specific to the TEAM system. The FTA address included in the ECHO form is updated. FTA has updated the sample program of projects in appendix B to reflect the 10 percent limit on rural area formula funding spent on planning. Appendix C, addressing Section 5311 budget information, is updated to include coding information for job access and reverse commute and planning grants, as well as the Public Transportation on Indian Reservations Program and Appalachian Development Public Transportation Assistance Program. FTA has updated Appendix D, explaining flexible-funding requirements, to reflect changes to the program in MAP–21. Appendix F provides information on the Section 5311(f) in-kind match for intercity bus. Appendix G contains information on how to calculate the capital cost of contracting. FTA seeks comment on the content of the appendices. Peter Rogoff, Administrator. [FR Doc. 2013–23435 Filed 9–25–13; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2013–0065; Notice 1] PACCAR Incorporated, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Receipt of Petition. AGENCY: PACCAR Inc. (PACCAR) has determined that certain model year (MY) 2013 Kenworth and Peterbilt trucks, do not fully comply with paragraph S3.1.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 102, Transmission Shift Position Sequence, Starter Interlock, and Transmission Braking Effect. PACCAR has filed an appropriate revised report dated March 1, 2013, pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. SUMMARY: October 28, 2013. 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 DATES: ADDRESSES: PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 59419 this notice and be submitted by any of the following methods: • Mail: Send comments 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. • Hand delivery: Deliver comments by hand 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 a.m. to 5 p.m. except Federal Holidays. • Electronically: Submit comments electronically by: logging onto the Federal Docket Management System (FDMS) Web site 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 your comments were received, please enclose a stamped, selfaddressed postcard with the comments. Note that all comments received will be posted without change to https:// 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 https:// 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. SUPPLEMENTARY INFORMATION: I. PACCAR’s Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR Part 556), PACCAR submitted a petition for an exemption from the notification and E:\FR\FM\26SEN1.SGM 26SEN1 59420 Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Notices 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 PACCAR’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. Vehicles Involved: Affected are approximately 452 Kenworth MY 2013 model K270 and model K370 trucks that were manufactured between March 29, 2012 and November 2, 2012, and MY 2013 Peterbilt model 210 and model 220 vehicles that were manufactured between March 21, 2012 and November 6, 2012. III. Noncompliance: PACCAR explains that the noncompliance is that the starter interlock in the affected automatic transmission trucks does not conform to paragraph S3.1.3 of FMVSS No. 102 because the starter interlock is based on a system that differs from the system specified in the standard. Although the starter interlock on these trucks prevents the transmission from propelling the vehicle and, therefore, is effective in preventing truck ‘‘roll away,’’ the engineering of the starter interlock is not consistent with the specification prescribed in paragraph S3.1.3 of FMVSS No. 102. The trucks in the affected population are designed so that the engine will start with the gear selector in any position, but the transmission will remain in neutral until the service brake is applied and the transmission is shifted from neutral into a gear. Because an operator can start the engine with the gear selector in any position, the starter interlock on these vehicles does not conform to the applicable requirement. IV. Rule Text: Paragraph S3.1.3 of FMVSS No. 102 specifically states: S3.1.3 Starter interlock. Except as provided in S3.1.3.1 through S3.1.3.3, the engine starter shall be inoperative when the transmission shift position is in a forward or reverse drive position. tkelley on DSK3SPTVN1PROD with NOTICES V. Summary of PACCAR’s Analyses: PACCAR stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: S3.1.3 of FMVSS No. 102 provides, in pertinent part: ‘‘. . . the engine starter shall be inoperative when the transmission shift position is in a forward or reverse drive position.’’ Assuming that the term ‘‘transmission shift position’’ refers to the position of the gear selector (as opposed to the position of the transmission itself), the subject trucks do not comply with this provision as written. That is because the starter interlock system in these vehicles, VerDate Mar<15>2010 18:19 Sep 25, 2013 Jkt 229001 which is an electronic system that is used in PACCAR’s European trucks, differs from the system specified in S3.1.3. PACCAR’s starter interlock system effectively achieves the objectives of S3.1.3 by precluding the possibility of a powered rollaway or lurching when the vehicle is started. However, the manner in which the system functions is not consistent with the design that is prescribed in the standard. The engine in the subject trucks can be started with the gear selector in any position, thus creating what appears to be a technical noncompliance with S3.1.3. However, even if the engine is started when the gear selector indicates a forward or reverse gear, the transmission itself will remain in neutral, and the message ‘‘Gearshift Inhibited’’ will be prominently displayed to the driver, as shown in the photograph below. The transmission can be shifted into a forward or reverse gear only after the gear selector is first moved into the neutral position and then moved back into gear while the service brake is applied. At that point, the ‘‘Gearshift Inhibited’’ message will be replaced by a ‘‘Transmission Warning’’ message, which will remain illuminated until the engine is turned off and then restarted. As NHTSA explained in a 2005 Final Rule that amended FMVSS No. 102 to allow idle stop technology, ‘‘The purpose of [S3.1.3] is to prevent injuries and death from the unexpected motion of a vehicle when the driver starts the vehicle with the transmission inadvertently in a forward or reverse gear.’’ 70 FR 38040 (July 1, 2005). The agency also referred to ‘‘S3.1.3s underlying purpose of ensuring that the vehicle will not lurch forward or backward during driver activation of the engine starter. . ..’’ ld. at 38041. As described above, the starter interlock system in the subject vehicles completely prevents any possibility of ‘‘unexpected motion’’ or vehicle ‘‘lurching’’ because the transmission remains neutralized, even if the engine is started with the gear selector indicating a forward or reverse gear. Thus, the PACCAR system, which has been used successfully for more than three years in PACCAR’s European vehicles, fully satisfies the purposes of S3.1.3 and achieves the same level of safety as that provision. Moreover, PACCAR is unaware of any consumer complaints, accidents, or injuries related to this design. PACCAR has additionally informed NHTSA that it has corrected the noncompliance so that all future production vehicles will comply with FMVSS No. 102. PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 In summation, PACCAR believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt 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. Therefore, these provisions only apply to the subject trucks that PACCAR no longer controlled at the time it determined that the noncompliance existed. Therefore, these provisions only apply to the 452 trucks that PACCAR 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 for delivery or introduction into interstate commerce of the noncompliant vehicles under their control after PACCAR 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) Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–23366 Filed 9–25–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Notice of Application for Special Permits Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: List of Applications for Special Permits. AGENCY: In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation’s Hazardous Material Regulations (49 CFR Part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has SUMMARY: E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Notices]
[Pages 59419-59420]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23366]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0065; Notice 1]


PACCAR Incorporated, Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition.

-----------------------------------------------------------------------

SUMMARY: PACCAR Inc. (PACCAR) has determined that certain model year 
(MY) 2013 Kenworth and Peterbilt trucks, do not fully comply with 
paragraph S3.1.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 
102, Transmission Shift Position Sequence, Starter Interlock, and 
Transmission Braking Effect. PACCAR has filed an appropriate revised 
report dated March 1, 2013, pursuant to 49 CFR Part 573, Defect and 
Noncompliance Responsibility and Reports.

DATES: October 28, 2013.

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 at the beginning of this notice and be 
submitted by any of the following methods:
     Mail: Send comments 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.
     Hand delivery: Deliver comments by hand 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 a.m. to 5 p.m. 
except Federal Holidays.
     Electronically: Submit comments electronically by: logging 
onto the Federal Docket Management System (FDMS) Web site 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 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 https://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 https://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.

SUPPLEMENTARY INFORMATION: 
    I. PACCAR's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
(see implementing rule at 49 CFR Part 556), PACCAR submitted a petition 
for an exemption from the notification and

[[Page 59420]]

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 PACCAR'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. Vehicles Involved: Affected are approximately 452 Kenworth MY 
2013 model K270 and model K370 trucks that were manufactured between 
March 29, 2012 and November 2, 2012, and MY 2013 Peterbilt model 210 
and model 220 vehicles that were manufactured between March 21, 2012 
and November 6, 2012.
    III. Noncompliance: PACCAR explains that the noncompliance is that 
the starter interlock in the affected automatic transmission trucks 
does not conform to paragraph S3.1.3 of FMVSS No. 102 because the 
starter interlock is based on a system that differs from the system 
specified in the standard. Although the starter interlock on these 
trucks prevents the transmission from propelling the vehicle and, 
therefore, is effective in preventing truck ``roll away,'' the 
engineering of the starter interlock is not consistent with the 
specification prescribed in paragraph S3.1.3 of FMVSS No. 102.
    The trucks in the affected population are designed so that the 
engine will start with the gear selector in any position, but the 
transmission will remain in neutral until the service brake is applied 
and the transmission is shifted from neutral into a gear. Because an 
operator can start the engine with the gear selector in any position, 
the starter interlock on these vehicles does not conform to the 
applicable requirement.
    IV. Rule Text: Paragraph S3.1.3 of FMVSS No. 102 specifically 
states:

    S3.1.3 Starter interlock. Except as provided in S3.1.3.1 through 
S3.1.3.3, the engine starter shall be inoperative when the 
transmission shift position is in a forward or reverse drive 
position.

    V. Summary of PACCAR's Analyses: PACCAR stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:

    S3.1.3 of FMVSS No. 102 provides, in pertinent part: ``. . . the 
engine starter shall be inoperative when the transmission shift 
position is in a forward or reverse drive position.'' Assuming that 
the term ``transmission shift position'' refers to the position of 
the gear selector (as opposed to the position of the transmission 
itself), the subject trucks do not comply with this provision as 
written. That is because the starter interlock system in these 
vehicles, which is an electronic system that is used in PACCAR's 
European trucks, differs from the system specified in S3.1.3. 
PACCAR's starter interlock system effectively achieves the 
objectives of S3.1.3 by precluding the possibility of a powered 
rollaway or lurching when the vehicle is started. However, the 
manner in which the system functions is not consistent with the 
design that is prescribed in the standard.

    The engine in the subject trucks can be started with the gear 
selector in any position, thus creating what appears to be a technical 
noncompliance with S3.1.3. However, even if the engine is started when 
the gear selector indicates a forward or reverse gear, the transmission 
itself will remain in neutral, and the message ``Gearshift Inhibited'' 
will be prominently displayed to the driver, as shown in the photograph 
below. The transmission can be shifted into a forward or reverse gear 
only after the gear selector is first moved into the neutral position 
and then moved back into gear while the service brake is applied. At 
that point, the ``Gearshift Inhibited'' message will be replaced by a 
``Transmission Warning'' message, which will remain illuminated until 
the engine is turned off and then restarted.
    As NHTSA explained in a 2005 Final Rule that amended FMVSS No. 102 
to allow idle stop technology, ``The purpose of [S3.1.3] is to prevent 
injuries and death from the unexpected motion of a vehicle when the 
driver starts the vehicle with the transmission inadvertently in a 
forward or reverse gear.'' 70 FR 38040 (July 1, 2005). The agency also 
referred to ``S3.1.3s underlying purpose of ensuring that the vehicle 
will not lurch forward or backward during driver activation of the 
engine starter. . ..'' ld. at 38041. As described above, the starter 
interlock system in the subject vehicles completely prevents any 
possibility of ``unexpected motion'' or vehicle ``lurching'' because 
the transmission remains neutralized, even if the engine is started 
with the gear selector indicating a forward or reverse gear. Thus, the 
PACCAR system, which has been used successfully for more than three 
years in PACCAR's European vehicles, fully satisfies the purposes of 
S3.1.3 and achieves the same level of safety as that provision. 
Moreover, PACCAR is unaware of any consumer complaints, accidents, or 
injuries related to this design.
    PACCAR has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production vehicles will comply with 
FMVSS No. 102.
    In summation, PACCAR believes that the described noncompliance of 
the subject vehicles is inconsequential to motor vehicle safety, and 
that its petition, to exempt 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. Therefore, these provisions 
only apply to the subject trucks that PACCAR no longer controlled at 
the time it determined that the noncompliance existed. Therefore, these 
provisions only apply to the 452 trucks that PACCAR 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 for delivery or introduction into interstate 
commerce of the noncompliant vehicles under their control after PACCAR 
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)

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-23366 Filed 9-25-13; 8:45 am]
BILLING CODE 4910-59-P
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