PACCAR, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 57911-57912 [2015-24454]

Download as PDF Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Notices Dated: September 21, 2015. Kelly Keiderling, Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2015–24457 Filed 9–24–15; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0075; Notice 1] PACCAR, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: SUMMARY: PACCAR, Inc. (PACCAR), has determined that certain Peterbilt and Kenworth trucks do not fully comply with paragraph S9.3.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective devices, and Associated Equipment. PACCAR filed an appropriate report dated June 12, 2015 pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports on June 11, 2015 and revised that report on June 12, 2015. DATES: The closing date for comments on the petition is October 26, 2015. 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 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 http:// www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to (202) 493–2251. VerDate Sep<11>2014 19:58 Sep 24, 2015 Jkt 235001 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 http:// 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 http://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 above 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. Overview: 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 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. Trucks Involved: Affected are approximately 197 MY 2015–2016 Kenworth K270 and K370 manufactured between November 11, 2014 and March 18, 2015 and MY 2015–2016 Peterbilt 220 manufactured between November 10, 2014 and March 18, 2015. III. Noncompliance: PACCAR explains that due to a programming error in the cab controller software in the subject trucks, the turn signal pilot indicator located on the instrument panel, flashes twice as fast as the turn signals flash and therefore do not meet the requirements of paragraph S9.3.2 of FMVSS No. 108. PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 57911 IV. Rule Text: Paragraph S9.3.2 of FMVSS No. 108 requires in pertinent part: S9.3.2 The indicator must consist of one or more lights flashing at the same frequency as the turn signal lamps. V. Summary of PACCAR’s Position: PACCAR stated its belief that the subject noncompliance is inconsequential to motor vehicle safety. PACCAR states that the purpose of the turn signal pilot indicator is to assure that the vehicle operator can determine whether the turn signal system is activated. Thus, PACCAR believes that the pilot indicators in the subject trucks fully accomplishes that purpose; i.e., they flash when the turn signal is activated, and they cease flashing when the turn signal is deactivated (either manually or automatically). PACCAR reviewed the agency’s decisions on petitions for inconsequentiality in connection with various noncompliances with turn signal requirements. While PACCAR did not find any prior decisions that are similar to this noncompliance, PACCAR believes that NHTSA has granted previous petitions in connection with turn signal noncompliances that carried potentially greater safety risks. PACCAR is not aware of any crashes or injuries associated with the noncompliance and it has not received any consumer complaints or warranty claims related to this issue. PACCAR additionally informed NHTSA that after the noncompliance was discovered, all production of the noncompliant trucks in PACCAR’s possession was put on hold until the software error can be corrected. In summation, PACCAR believes that the described noncompliance of the subject trucks is inconsequential to motor vehicle safety, and that its petition, to exempt PACCAR 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, any decision on this petition only applies to the subject trucks that PACCAR no longer controlled at the time it determined that the noncompliance E:\FR\FM\25SEN1.SGM 25SEN1 57912 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Notices 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 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, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015–24454 Filed 9–24–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Hazardous Materials: Actions on Special Permit Applications Office of Hazardous Materials Safety, Pipeline And Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of actions on special permit applications. AGENCY: SUMMARY: 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 of the actions on special permits applications in (October to October 2014). The mode of transportation involved are identified by a number in the ‘‘Nature of Application’’ portion of the table below as follows: 1—Motor vehicle, 2—Rail freight, 3—Cargo vessel, 4—Cargo aircraft only, 5—Passenger—carrying aircraft. Application numbers prefixed by the letters EE represent applications for Emergency Special Permits. It should be noted that some of the sections cited were those in effect at the time certain special permits were issued. Issued in Washington, DC, on September 8, 2015. Donald Burger, Chief, Special Permits and Approvals Branch. Applicant Regulation(s) Nature of Special Permit Thereof 12092–M ............ KMR Industries, LLC, Columbia, MD. 49 CFR 180.209 .................... 14791–M ............ Heliqwest International, Inc., Montrose, CO. 15793–M ............ Northern Air Cargo Inc., Anchorage, AK. 49 CFR 172.101 HMT Column (9B), 172.200, 172.300, 172.400. 49 CFR 172.101 Column (9B) 16427–M ............ Washington Department of Transportation Ferries Division, Seattle, WA. Maritime Helicopters, Inc., Homer, AK. To modify the special permit to authorize additional hazardous materials. 16170–M ............ Hydro Stat LLC, Holly, MI ...... 49 CFR 172.101 Hazardous Materials Table Column (10A), stowage categories ‘‘01‘‘, ‘‘02’’, ‘‘04’’, and ‘‘05’’. 49 CFR 172.101(9b), 172.204(c)(3), 173.27(b)(2), 175.30(a)(1), 172.200, 172.300, 172.400, 175.75, 172.301(c), 172.302(c), and Part 178. 49 CFR 180.213(b)(2) ........... To modify the special permit to authorize DOT specification 4BW240 or 4BW260 cylinder closed by plugs or flanges to authorize up to 1000 pounds water capacity. To modify the special permit to remove the requirement for having two pilots aboard any multi-engine aircraft carrying explosives. To modify the special permit by adding the following in paragraph 7(g)(3) ‘‘or alternatively—FAA-assigned Principal Operations or Maintenance Program’’. To reissue the special permit that was originally issued on an emergency basis with a two year renewal. 13997–M ............ 15547–M ............ Southern California Edison (SCE), Chino, CA. 16346–N ............ FIBA Technologies, Inc., Littleton, MA. 16391–N ............ Halliburton Energy Services, Inc., Carrollton, TX. 49 CFR 173.201, 173.301(f), 173.302, 173.304a. 16373–N ............ mstockstill on DSK4VPTVN1PROD with NOTICES S.P. No. Stainless Tank & Equipment Co.,LLC, Beloit, WI. 49 CFR 178.345–2, 178.346– 2, 178.347–2, 178.348–2. 16432–N ............ Panasonic Corporation of North America, Newark, NJ. 49 CFR Subparts C through H of Part 172. 16318–N ............ Technical Chemical Company, Cleburne, TX. 49 CFR 173.167, 173.304(d) VerDate Sep<11>2014 19:58 Sep 24, 2015 Jkt 235001 PO 00000 49 CFR 172.101 Column (9B), 172.204(c)(3), 173.27(b)(2) and 175.30(a)(1) in that the explosives are forbidden by cargo aircraft. 49 CFR 173.301 (a)(1) .......... Frm 00130 Fmt 4703 Sfmt 4703 To release the special permit that was originally issued on an emergency basis with a two year renewal. To modify the special permit by updating certain information and adding additional hazardous materials. To authorize the manufacture, mark, sale and use of a nonDOT specification hoop-wrapped carbon fiber reinforced composite gas cylinder with seamless steel liner that meets the ISO Standard 11515, except as specified herein, for the transportation in commerce of certain hazardous materials. (modes 1, 2, 3) To authorize the manufacture, mark, sale and use of nonDOT specification cylinders used in oil well sampling. (modes 1, 2, 3, 4) To authorize the manufacture, mark, sale and use of nonDOT specification cargo tank motor vehicles confirming in part to Specification DOT 406, DOT 407, and DOT 412 cargo tank motor vehicles. (mode 1) To authorize the manufacture, mark, sale and use of specially-designed combination packagings for damaged or defective lithium ion batteries that originally met the requirements under 49 CFR 173.185(c). (modes 1, 2) To authorize the manufacture, mark, sale and use of a nonDOT specification packaging conforming in part with specification DOT 2Q. (modes 1, 2, 3, 4, 5) E:\FR\FM\25SEN1.SGM 25SEN1

Agencies

[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Pages 57911-57912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24454]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0075; Notice 1]


PACCAR, Inc., 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: PACCAR, Inc. (PACCAR), has determined that certain Peterbilt 
and Kenworth trucks do not fully comply with paragraph S9.3.2 of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, 
Reflective devices, and Associated Equipment. PACCAR filed an 
appropriate report dated June 12, 2015 pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports on June 11, 2015 
and revised that report on June 12, 2015.

DATES: The closing date for comments on the petition is October 26, 
2015.

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 
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 http://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 http://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 http://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 above 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. Overview: 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 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. Trucks Involved: Affected are approximately 197 MY 2015-2016 
Kenworth K270 and K370 manufactured between November 11, 2014 and March 
18, 2015 and MY 2015-2016 Peterbilt 220 manufactured between November 
10, 2014 and March 18, 2015.
    III. Noncompliance: PACCAR explains that due to a programming error 
in the cab controller software in the subject trucks, the turn signal 
pilot indicator located on the instrument panel, flashes twice as fast 
as the turn signals flash and therefore do not meet the requirements of 
paragraph S9.3.2 of FMVSS No. 108.
    IV. Rule Text: Paragraph S9.3.2 of FMVSS No. 108 requires in 
pertinent part:

    S9.3.2 The indicator must consist of one or more lights flashing 
at the same frequency as the turn signal lamps.

    V. Summary of PACCAR's Position: PACCAR stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety. 
PACCAR states that the purpose of the turn signal pilot indicator is to 
assure that the vehicle operator can determine whether the turn signal 
system is activated. Thus, PACCAR believes that the pilot indicators in 
the subject trucks fully accomplishes that purpose; i.e., they flash 
when the turn signal is activated, and they cease flashing when the 
turn signal is deactivated (either manually or automatically).
    PACCAR reviewed the agency's decisions on petitions for 
inconsequentiality in connection with various noncompliances with turn 
signal requirements. While PACCAR did not find any prior decisions that 
are similar to this noncompliance, PACCAR believes that NHTSA has 
granted previous petitions in connection with turn signal 
noncompliances that carried potentially greater safety risks.
    PACCAR is not aware of any crashes or injuries associated with the 
noncompliance and it has not received any consumer complaints or 
warranty claims related to this issue.
    PACCAR additionally informed NHTSA that after the noncompliance was 
discovered, all production of the noncompliant trucks in PACCAR's 
possession was put on hold until the software error can be corrected.
    In summation, PACCAR believes that the described noncompliance of 
the subject trucks is inconsequential to motor vehicle safety, and that 
its petition, to exempt PACCAR 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, any decision on 
this petition only applies to the subject trucks that PACCAR no longer 
controlled at the time it determined that the noncompliance

[[Page 57912]]

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 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,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-24454 Filed 9-24-15; 8:45 am]
 BILLING CODE 4910-59-P