PACCAR Incorporated, Grant of Petition for Decision of Inconsequential Noncompliance, 17648-17649 [2014-06922]
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Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Notices
action may have on U.S. vessel builders
or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the docket number of
this notice and the vessel name in order
for MARAD to properly consider the
comments. Comments should also state
the commenter’s interest in the waiver
application, and address the waiver
criteria given in § 388.4 of MARAD’s
regulations at 46 CFR Part 388.
Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78).
By Order of the Maritime Administrator.
Dated: March 20, 2014.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2014–06971 Filed 3–27–14; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0065; Notice 2]
PACCAR Incorporated, Grant of
Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of Petition.
AGENCY:
PACCAR Incorporated
(PACCAR) has determined that certain
model year (MY) 2013 Kenworth and
Peterbilt brand chassis cab incomplete
vehicles 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.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
18:57 Mar 27, 2014
Jkt 232001
For further information on
this decision contact Vince Williams,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–2319, facsimile (202) 366–
5930.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
I. PACCAR’s Petition: Pursuant to 49
U.S.C. 30118(d) and 30120(h) and the
rule implementing those provisions at
49 CFR part 556, PACCAR has
petitioned for an exemption from the
notification and remedy requirements of
49 U.S.C. Chapter 301 on the basis that
this noncompliance is inconsequential
to motor vehicle safety.
Notice of receipt of the petition was
published, with a 30-day public
comment period, on September 26, 2013
in the Federal Register (78 FR 59419).
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–2013–
0065.’’
II. Chassis Cabs Involved: Affected are
approximately 452 Kenworth MY 2013
model K270 and model K370 chassis
cabs that were manufactured between
March 29, 2012 and November 2, 2012,
and MY 2013 Peterbilt model 210 and
model 220 chassis cabs that were
manufactured between March 21, 2012
and November 6, 2012. Hereafter these
vehicles are referred to as trucks.
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.
IV. 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
PO 00000
Frm 00155
Fmt 4703
Sfmt 4703
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 was originally 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. 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 ‘‘S3.1.3’s
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.
E:\FR\FM\28MRN1.SGM
28MRN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Notices
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.
V. NHTSA Decision: The affected
incomplete vehicles were manufactured
as chassis cabs by PACCAR under the
Kenworth and Peterbilt makes. Based on
the brochures on the Kenworth and
Peterbilt make Web sites, the subject
chassis cabs are typically completed by
final stage manufacturers as class 6 and
7 cargo-carrying medium/heavy trucks.
The brochures also show the
transmission gear selector adjacent to
the driver’s seated position, easily
visible to the driver. These vehicles will
most likely be operated by professional
drivers who would be less likely to
forget to place the transmission control
in ‘‘neutral’’ when stopping the engine.
In addition, even if the driver starts the
vehicle with the gear selector in drive or
reverse, PACCAR reported that the
transmission will remain in neutral
until the driver applies the service
brake, shifts the gear selector to neutral
and then selects the desired gear.
Subsequent to filing the subject
petition PACCAR notified NHTSA that
it has initiated a field repair campaign
under which owners of the affected
vehicles could have a starter interlock
jumper harness installed free of charge
to remedy the subject noncompliance.
On 6/11/13, a Field Repair Notice was
sent to notify dealerships of the repair
and of the vehicles within the affected
population. PACCAR also stated that it
was unaware of any instance in which
a customer eligible for the field repair
has experienced unintended movement.
In consideration of the foregoing,
NHTSA has decided that PACCAR has
met its burden of persuasion that the
FMVSS No. 102 noncompliance is
inconsequential to motor vehicle safety.
Accordingly, PACCAR’s petition is
hereby granted and PACCAR is
exempted from the obligation of
providing notification of, and a remedy
for, that noncompliance 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
VerDate Mar<15>2010
18:57 Mar 27, 2014
Jkt 232001
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 chassis cabs
that PACCAR 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 trucks 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)
Jeffrey Giuseppe,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. 2014–06922 Filed 3–27–14; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0123; Notice 1]
Thor Industries, Inc., Receipt of
Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of Petition.
AGENCY:
Livin’ Lite RV, Inc. (Livin’
Lite), a wholly owned subsidiary of
Thor Industries, Inc. (Thor), has
determined that certain model year
Livin’ Lite RV trailers manufactured
between November 7, 2008 and
September 10, 2013, do not fully
comply with paragraph S9 of Federal
Motor Vehicle Safety Standard (FMVSS)
No. 110, Tire Selection and Rims and
Motor Home/Recreation Vehicle Trailer
Load Carrying Capacity Information for
Motor Vehicles with a GVWR of 4,536
kilograms (10,000 pounds) or less and
paragraph S10 of FMVSS No. 120, Tire
Selection and Rims and Motor Home/
Recreation Vehicle Trailer Load
Carrying Capacity Information for Motor
Vehicles with a GVWR of more than
4,536 kilograms (10,000 pounds). Thor
has filed an appropriate report dated
November 7, 2013, pursuant to 49 CFR
part 573, Defect and Noncompliance
Responsibility and Reports.
SUMMARY:
PO 00000
Frm 00156
Fmt 4703
Sfmt 4703
17649
The closing date for comments
on the petition is April 28, 2014.
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 must 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 Deliver: 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.
DATES:
E:\FR\FM\28MRN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Notices]
[Pages 17648-17649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06922]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0065; Notice 2]
PACCAR Incorporated, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of Petition.
-----------------------------------------------------------------------
SUMMARY: PACCAR Incorporated (PACCAR) has determined that certain model
year (MY) 2013 Kenworth and Peterbilt brand chassis cab incomplete
vehicles 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.
ADDRESSES: For further information on this decision contact Vince
Williams, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-2319,
facsimile (202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. PACCAR's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h)
and the rule implementing those provisions at 49 CFR part 556, PACCAR
has petitioned for an exemption from the notification and remedy
requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential to motor vehicle safety.
Notice of receipt of the petition was published, with a 30-day
public comment period, on September 26, 2013 in the Federal Register
(78 FR 59419). 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-2013-0065.''
II. Chassis Cabs Involved: Affected are approximately 452 Kenworth
MY 2013 model K270 and model K370 chassis cabs that were manufactured
between March 29, 2012 and November 2, 2012, and MY 2013 Peterbilt
model 210 and model 220 chassis cabs that were manufactured between
March 21, 2012 and November 6, 2012. Hereafter these vehicles are
referred to as trucks.
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.
IV. 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 was originally 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. 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 ``S3.1.3's 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.
[[Page 17649]]
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.
V. NHTSA Decision: The affected incomplete vehicles were
manufactured as chassis cabs by PACCAR under the Kenworth and Peterbilt
makes. Based on the brochures on the Kenworth and Peterbilt make Web
sites, the subject chassis cabs are typically completed by final stage
manufacturers as class 6 and 7 cargo-carrying medium/heavy trucks. The
brochures also show the transmission gear selector adjacent to the
driver's seated position, easily visible to the driver. These vehicles
will most likely be operated by professional drivers who would be less
likely to forget to place the transmission control in ``neutral'' when
stopping the engine. In addition, even if the driver starts the vehicle
with the gear selector in drive or reverse, PACCAR reported that the
transmission will remain in neutral until the driver applies the
service brake, shifts the gear selector to neutral and then selects the
desired gear.
Subsequent to filing the subject petition PACCAR notified NHTSA
that it has initiated a field repair campaign under which owners of the
affected vehicles could have a starter interlock jumper harness
installed free of charge to remedy the subject noncompliance. On 6/11/
13, a Field Repair Notice was sent to notify dealerships of the repair
and of the vehicles within the affected population. PACCAR also stated
that it was unaware of any instance in which a customer eligible for
the field repair has experienced unintended movement.
In consideration of the foregoing, NHTSA has decided that PACCAR
has met its burden of persuasion that the FMVSS No. 102 noncompliance
is inconsequential to motor vehicle safety. Accordingly, PACCAR's
petition is hereby granted and PACCAR is exempted from the obligation
of providing notification of, and a remedy for, that noncompliance
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 chassis cabs that PACCAR 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 trucks 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)
Jeffrey Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-06922 Filed 3-27-14; 8:45 am]
BILLING CODE 4910-59-P
