Daimler Trucks North America, Grant of Petition for Decision of Inconsequential Noncompliance, 17084-17087 [2017-06956]
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17084
Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2016–0103; Notice 2]
Daimler Trucks North America, 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 (DTNA), has determined that
certain model year (MY) 2016–2017
Freightliner and Western Star trucks do
not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No.
101, Controls and Displays. DTNA filed
a noncompliance report dated
September 22, 2016, Defect and
Noncompliance Responsibility and
Reports. DTNA also petitioned NHTSA
on September 22, 2016, 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.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
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I. Overview
Daimler Trucks North America
(DTNA), has determined that certain
model year (MY) 2016–2017
Freightliner and Western Star 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
September 22, 2016, pursuant to 49 CFR
part 573, Defect and Noncompliance
Responsibility and Reports. DTNA also
petitioned NHTSA on September 22,
2016, pursuant to 49 U.S.C. 30118(d)
and 30120(h), 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 November 7, 2016,
in the Federal Register (81 FR 78259).
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–2016–
0103.’’
II. Vehicles Involved
Affected are approximately 36,959
MY 2016–2017 versions of the following
trucks, manufactured between
September 28, 2015 and July 30, 2016:
• Freightliner Cascadia
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Sfmt 4703
• Freightliner 122SD
• Freightliner Coronado
• Western Star 5700
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 red International Standards
Organization (ISO) symbol for brake
malfunction when a low air brake
pressure condition exists, rather than
the words ‘‘BRAKE AIR,’’ as specified in
Table 2 of FMVSS No. 101. DTNA states
that the telltale is accompanied by an
audible alert and low pressure gauge
reading.
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 and 2 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.’’
Table 2 appears as follows:
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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:
1. 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 the
audible alert that occurs in the subject
vehicles would still alert the driver to
an 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
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contrasting color on the gauges
indicating low pressure.
2. 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’’ 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.
3. 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
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
is ample warning provided to the driver
of low brake air pressure.
a. 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 and
audible alerts and under what
conditions they are activated.
• Red contrasting color of the telltale
saying ‘‘BRAKE’’
• Red contrasting color of the ISO
symbol for brake malfunction
• Audible alert to the driver as long as
the vehicle has low air
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Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices
• 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
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b. 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’’
• Red contrasting color of the ISO
symbol for brake malfunction
• 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
The functionality of both the parking
brake system and the service brake
system remains unaffected by the
‘‘BRAKE’’ telltale used in the subject
vehicles.
4. NHTSA Precedents—DTNA notes
that NHTSA has previously granted
petitions for decisions of
inconsequential noncompliance for
similar brake telltale issues, in which
the ISO symbol in combination with
other available warnings was deemed
sufficient to provide the necessary
driver warning. 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
displayed an ISO symbol for the brake
telltale instead of the wording required
under FMVSS No. 101. The ISO symbol
in combination with other available
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warnings was deemed sufficient to
provide the necessary driver warning.
DTNA respectfully suggests that the
same is true for the subject vehicles: the
ISO symbol, 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 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. The ‘‘Brake’’ telltale illumination is
accompanied by activation of the
International Standards Organization
(ISO) symbol for brake malfunction.
This ISO symbol is readily understood
as it has been used on U.S.-certified
vehicles for many years in conjunction
with the required text. The ISO symbol
is also red on a black background
depicting an urgent warning. Both the
‘‘Brake’’ telltale and ISO symbol are in
clear view of the driver and when
activated will alert the driver of a brake
system malfunction, including a low air
pressure condition.
3. Simultaneous to both ‘‘Brake’’
telltale and ISO symbol illumination, 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 instinctively react to the
warning tone and review the
information available noting telltales
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
activated in the instrument cluster (i.e.
‘‘Brake’’ and ISO symbol).
4. In a low pressure situation, the
operator is provided additional feedback
by the primary and secondary
instrument cluster air gauges which
have PSI marked numerical values along
with red delineated sections where the
needle pointer would be positioned for
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 indicators 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 statement that the functionality
of both the parking brake system and the
service brake system remains unaffected
by the ‘‘Brake’’ telltale used in the
subject vehicles.
NHTSA believes that the combination
of the red contrasting color of the
‘‘Brake’’ telltale and the ISO symbol,
simultaneous activation of ‘‘Brake’’
telltale, the Brake ISO symbol and
audible alert for a low air pressure
condition, 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. The
manufacturer has shown that the
discrepancy with the labeling
requirement is unlikely to lead to any
misunderstanding especially since other
sources of correct information beyond
the ‘‘Brake’’ telltale, are available.
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
a remedy for, the subject 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 subject
vehicles that DTNA no longer controlled
at the time it determined that the
noncompliance existed. However, the
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Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices
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. 2017–06956 Filed 4–6–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Application Requirements,
Retroactive Reinstatement and
Reasonable Cause Under Section
6033(j)
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments for application requirements,
retroactive reinstatement and reasonable
cause under section 6033(j).
AGENCY:
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995. The
IRS is soliciting comments application
requirements, retroactive reinstatement
and reasonable cause.
DATES: Written comments should be
received on or before June 6, 2017 to be
assured of consideration.
ADDRESSES: Direct all written comments
to Laurie Brimmer, Internal Revenue
Service, Room 6526, 1111 Constitution
Avenue NW., Washington, DC 20224.
Requests for additional information or
copies of notice should be directed to
LaNita Van Dyke at Internal Revenue
Service, Room 6526, 1111 Constitution
Avenue NW., Washington, DC 20224, or
through the Internet, at
Lanita.VanDyke@irs.gov.
SUPPLEMENTARY INFORMATION:
Title: Application Requirements,
Retroactive Reinstatement and
Reasonable Cause under Section 6033(j).
OMB Number: 1545–2206.
Notice Number: Notice 2011–44.
Abstract: This notice provides
guidance with respect to applying for
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SUMMARY:
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14:52 Apr 06, 2017
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reinstatement and requesting retroactive
reinstatement and establishing
reasonable cause under section
6033(j)(2) and (3) of the Internal
Revenue Code (the Code) for an
organization that has had its tax-exempt
status automatically revoked under
section 6033(j)(1) of the Code. The
Treasury Department (Treasury) and the
Internal Revenue Service (IRS) intend to
issue regulations under section 6033(j)
that will prescribe rules, including rules
relating to the application for
reinstatement of tax-exempt status
under section 6033(j)(2) and the request
for retroactive reinstatement under
section 6033(j)(3).
Current Actions: There are no changes
being made to the burden previously
requested, at this time.
Type of Review: Extension of a
currently approved collection.
Affected Public: Not-for-profit
institutions.
Estimated Number of Respondents:
6,026.
Estimated Average Time per
Respondent: 1 hour.
Estimated Total Annual Burden
Hours: 6,026.
The following paragraph applies to all
of the collections of information covered
by this notice:
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless the collection displays a valid
OMB control number. Books or records
relating to a collection of information
must be retained as long as their
contents may become material in the
administration of any internal revenue
law. Generally, tax returns and tax
return information are confidential, as
required by 26 U.S.C. 6103.
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; © ways to enhance the
quality, utility, and clarity of the
information to be collected; (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information.
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17087
Approved: March 27, 2017.
Laurie Brimmer,
IRS Senior Tax Analyst.
[FR Doc. 2017–06917 Filed 4–6–17; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Application for
Recognition of Exemption Under
Section 501(c)(3) of the Internal
Revenue Code
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
Currently, the IRS is soliciting
comments concerning Form 1023,
Application for Recognition of
Exemption Under Section 501(c)(3) of
the Internal Revenue Code and Form
1023–EZ, Streamlined Application for
Recognition of Exemption Under
Section 501(c)(3) of the Internal
Revenue Code.
DATES: Written comments should be
received on or before June 6, 2017 to be
assured of consideration.
ADDRESSES: Direct all written comments
to Laurie E. Brimmer, Internal Revenue
Service, Room 6526, 1111 Constitution
Avenue NW., Washington, DC 20224.
Requests for additional information or
copies of the form and instructions
should be directed to Martha R. Brinson,
Internal Revenue Service, Room 6526,
1111 Constitution Avenue NW.,
Washington, DC 20224, or through the
Internet at Martha.R.Brinson@irs.gov.
SUPPLEMENTARY INFORMATION:
Title: Application for Recognition of
Exemption Under Section 501(c)(3) of
the Internal Revenue Code and Form
1023–EZ Streamlined.
OMB Number: 1545–0056.
Form Number: Forms 1023 and 1023–
EZ.
Abstract: Form 1023 is filed by
applicants seeking Federal income tax
exemption as organizations described in
section 501(c)(3). IRS uses the
information to determine if the
applicant is exempt and whether the
applicant is a private foundation. Form
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 17084-17087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06956]
[[Page 17084]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0103; Notice 2]
Daimler Trucks North America, 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 (DTNA), has determined that
certain model year (MY) 2016-2017 Freightliner and Western Star trucks
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS)
No. 101, Controls and Displays. DTNA filed a noncompliance report dated
September 22, 2016, Defect and Noncompliance Responsibility and
Reports. DTNA also petitioned NHTSA on September 22, 2016, 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 and Western Star 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 September 22, 2016, pursuant to 49 CFR part 573, Defect
and Noncompliance Responsibility and Reports. DTNA also petitioned
NHTSA on September 22, 2016, pursuant to 49 U.S.C. 30118(d) and
30120(h), 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 November 7, 2016, in the Federal Register (81
FR 78259). 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-2016-0103.''
II. Vehicles Involved
Affected are approximately 36,959 MY 2016-2017 versions of the
following trucks, manufactured between September 28, 2015 and July 30,
2016:
Freightliner Cascadia
Freightliner 122SD
Freightliner Coronado
Western Star 5700
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 red International Standards Organization (ISO) symbol for brake
malfunction when a low air brake pressure condition exists, rather than
the words ``BRAKE AIR,'' as specified in Table 2 of FMVSS No. 101. DTNA
states that the telltale is accompanied by an audible alert and low
pressure gauge reading.
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 and
2 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.''
Table 2 appears as follows:
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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:
1. 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 the audible alert
that occurs in the subject vehicles would still alert the driver to an
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.
2. 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'' 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.
3. 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.
a. 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 and audible alerts and
under what conditions they are activated.
Red contrasting color of the telltale saying ``BRAKE''
Red contrasting color of the ISO symbol for brake malfunction
Audible alert to the driver as long as the vehicle has low air
[[Page 17086]]
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
b. 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''
Red contrasting color of the ISO symbol for brake malfunction
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
The functionality of both the parking brake system and the service
brake system remains unaffected by the ``BRAKE'' telltale used in the
subject vehicles.
4. NHTSA Precedents--DTNA notes that NHTSA has previously granted
petitions for decisions of inconsequential noncompliance for similar
brake telltale issues, in which the ISO symbol in combination with
other available warnings was deemed sufficient to provide the necessary
driver warning. 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
displayed an ISO symbol for the brake telltale instead of the wording
required under FMVSS No. 101. The ISO symbol in combination with other
available warnings was deemed sufficient to provide the necessary
driver warning. DTNA respectfully suggests that the same is true for
the subject vehicles: the ISO symbol, 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 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. The ``Brake'' telltale illumination is accompanied by activation
of the International Standards Organization (ISO) symbol for brake
malfunction. This ISO symbol is readily understood as it has been used
on U.S.-certified vehicles for many years in conjunction with the
required text. The ISO symbol is also red on a black background
depicting an urgent warning. Both the ``Brake'' telltale and ISO symbol
are in clear view of the driver and when activated will alert the
driver of a brake system malfunction, including a low air pressure
condition.
3. Simultaneous to both ``Brake'' telltale and ISO symbol
illumination, 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 instinctively react to the warning tone and review the
information available noting telltales activated in the instrument
cluster (i.e. ``Brake'' and ISO symbol).
4. In a low pressure situation, the operator is provided additional
feedback by the primary and secondary instrument cluster air gauges
which have PSI marked numerical values along with red delineated
sections where the needle pointer would be positioned for 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
indicators 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 statement that the
functionality of both the parking brake system and the service brake
system remains unaffected by the ``Brake'' telltale used in the subject
vehicles.
NHTSA believes that the combination of the red contrasting color of
the ``Brake'' telltale and the ISO symbol, simultaneous activation of
``Brake'' telltale, the Brake ISO symbol and audible alert for a low
air pressure condition, 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. The manufacturer has shown that the discrepancy
with the labeling requirement is unlikely to lead to any
misunderstanding especially since other sources of correct information
beyond the ``Brake'' telltale, are available.
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 a remedy
for, the subject 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 subject vehicles that DTNA no longer controlled at
the time it determined that the noncompliance existed. However, the
[[Page 17087]]
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. 2017-06956 Filed 4-6-17; 8:45 am]
BILLING CODE 4910-59-P
