Hino Motors, Ltd., Receipt of Petition for Decision of Inconsequential Noncompliance, 7846-7847 [2018-03678]

Download as PDF 7846 Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2018–0005; Notice 1] Hino Motors, Ltd., Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Hino Motors Sales USA, Inc., a wholly owned subsidiary of Hino Motors, Ltd. (collectively referred to as ‘‘Hino’’), has determined that certain model year (MY) 2014–2018 Hino heavy duty trucks do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. Hino filed a noncompliance report dated December 11, 2017, and subsequently petitioned NHTSA on December 21, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. DATES: The closing date for comments on the petition is March 26, 2018. 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 in the title 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 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) website 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 daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:10 Feb 21, 2018 Jkt 244001 provided. If you wish to receive confirmation that comments you have submitted by mail 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. All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the fullest extent possible. When the petition is granted or denied, notice of the decision will also be published in the Federal Register pursuant to the authority indicated at the end of this notice. All comments, background documentation, and supporting materials submitted to the 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. The docket ID number for this petition is shown in the heading of this notice. DOT’s complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000, (65 FR 19477–78). SUPPLEMENTARY INFORMATION: I. Overview: Hino has determined that certain MY 2014–2018 Hino heavy duty trucks do not fully comply with the requirements of Table 2 of FMVSS No. 101, Controls and Displays (49 CFR 571.101). Hino filed a noncompliance report dated December 11, 2017, pursuant to CFR part 573, Defect and Noncompliance Responsibility and Reports, and subsequently petitioned NHTSA on December 21, 2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety. This notice of receipt of their 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: Approximately 30,025 MY 2014–2018 Hino NJ8J, NV8J, and NH8J heavy duty trucks, manufactured between September 1, 2013, and October 30, 2017, are potentially involved. PO 00000 Frm 00193 Fmt 4703 Sfmt 4703 III. Noncompliance: Hino describes the noncompliance as the omission of the words ‘‘Brake Air’’ for the Low Brake Air Pressure telltale as required in Table 2 of FMVSS No. 101. IV. Rule Requirements: Paragraphs S5 and S5.2.1 as well as Table 2 of FMVSS No. 101, include the requirements relevant to this petition: • Each passenger car, multipurpose passenger vehicle, truck and bus that is fitted with a control, a telltale, or an indicator must meet the requirements listed in Table 1 or Table 2 of FMVSS No. 101 for the location, identification, color, and illumination of that control, telltale or indicator. • Each control, telltale and indicator that is listed in column 1 of Table 1 or Table 2 of FMVSS No. 101 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. V. Summary of Petition: Hino 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, Hino submitted the following reasoning: 1. Hino 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 ISO symbol for brake system malfunction together with an audible alert that occurs in the subject vehicles would alert the driver to an air issue with the brake system. Once alerted, the driver can check the actual air pressure by reading the front and rear air gauges and seeing the red contrasting color on the gauges indicating low pressure. 2. When the air pressure drops below 79 psi, the ISO symbol illuminates and the audible alert sounds, both of which are described in the Driver’s/Owner’s Manual of the subject vehicles. Therefore, even if the telltale is not ‘‘BRAKE AIR,’’ it is possible for the driver to be alerted that the air pressure is low. 3. There are two scenarios when a low brake air pressure condition could exist: A parked vehicle and a moving vehicle. In both conditions, the driver would be alerted to a low-air condition by the following means: • Red contrasting color of the ISO symbol • Audible alert to the driver as long as the vehicle has low air (and park brake is released) • Air pressure gauges for the front and rear air reservoirs clearly indicating the level of air pressure in the system E:\FR\FM\22FEN1.SGM 22FEN1 daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices • Red contrasting color on the air gauges indicating low air pressure The functionality of both the parking brake system and the service brake system remains unaffected by using the ISO symbol for brake malfunction instead of ‘‘Brake Air’’ for the telltale in the subject vehicles. 4. NHTSA Precedents—Hino notes that NHTSA has previously granted petitions for decisions of inconsequential noncompliance for similar brake telltale issues: (a) Docket No. NHTSA–2017–0011, 82 FR 33551 (July 20, 2017), grant of petition for Daimler Trucks North America, LLC. (b) Docket No. NHTSA–2014–0046, 79 FR 78559 (December 30, 2014), grant of petition for Chrysler Group, LLC (c) Docket No. NHTSA–2012–0004, 78 FR 69931 (November 21, 2013), grant of petition for Ford Motor Company. In these instances, the vehicles 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 warnings. Hino 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. To view Hino’s petition analyses in their entirety you can visit https:// www.regulations.gov by following the online instructions for accessing the dockets and by using the docket ID number for this petition shown in the heading of this notice. 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 vehicles that Hino 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 or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after Hino notified them that the subject noncompliance existed. VerDate Sep<11>2014 20:10 Feb 21, 2018 Jkt 244001 Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8. Jeffrey M. Giuseppe, Associate Administrator for Enforcement. [FR Doc. 2018–03678 Filed 2–21–18; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2014–0125; Notice 2] General Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: General Motors, LLC, (GM) has determined that certain model year (MY) 2015 GMC multipurpose passenger vehicles (MPV) do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. GM has filed a noncompliance report dated November 5, 2014. GM also petitioned NHTSA on November 26, 2014, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. FOR FURTHER INFORMATION CONTACT: Mike Cole, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366–5319, facsimile (202) 366–3081. SUPPLEMENTARY INFORMATION: I. Overview: GM has determined that certain MY 2015 GMC MPVs do not fully comply with FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment (49 CFR 571.108). GM has filed a noncompliance report dated November 5, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. GM also petitioned NHTSA on November 26, 2014, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety. Notice of receipt of the petition was published with a 30-day public comment period, on June 11, 2015, in the Federal Register (80 FR 33334). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) website at: SUMMARY: PO 00000 Frm 00194 Fmt 4703 Sfmt 4703 7847 http://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2014– 0125.’’ II. Vehicles Involved: Affected are approximately 51,616 MY 2015 GMC Yukon, Yukon Denali, Yukon XL, and Yukon XL Denali MPVs manufactured between September 19, 2013, and October 10, 2014. See GM’s petition for additional details. III. Noncompliance: GM explains that the noncompliance is that under certain conditions the parking lamps on the subject vehicles fail to meet the device activation requirements of paragraph S7.8.5 of FMVSS No. 108. IV. Rule Requirements: Paragraph S7.8.5 of FMVSS No. 108 titled ‘‘Activation,’’ as detailed in Table I–a, includes the requirements relevant to this petition: • Parking lamps must be activated when the headlamps are activated in a steady burning state. V. Summary of GM’s Analyses: GM stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) GM explains that the condition is difficult to create even in laboratory settings, let alone real-world driving conditions. GM also stated that they were only able to duplicate the condition under the following circumstances: • The vehicle is being operated during the daytime with the master lighting switch in ‘‘AUTO’’ mode. • The transmission is not in ‘‘Park.’’ • Three or more high-inrush current spikes that exceed the body control module (BCM) inrush current threshold occur on the parking lamp/daytime running lamp (DRL) circuit within a period of 0.625 seconds. While there may be other methods for triggering these spikes (e.g., a service event), GM has only been able to isolate one cause: manually moving the master lighting control from ‘‘AUTO’’ to parking lamp (or headlamp), back to ‘‘AUTO’’ and back to parking lamp (or headlamp) within 0.625 seconds. (B) GM believes that drivers are unlikely to cause these spikes during real-world driving. The subject vehicles are equipped with automatic-headlamp operation, so there is very little need for drivers to ever manually operate their vehicle’s master lighting control. But even if a driver were inclined to do so, rapidly cycling a vehicle’s master lighting control from ‘‘AUTO’’ to parking lamp (or headlamp) back to ‘‘AUTO’’ and back to parking lamp (or headlamp) in less than a second is a highly unusual maneuver that few (if E:\FR\FM\22FEN1.SGM 22FEN1

Agencies

[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Notices]
[Pages 7846-7847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03678]



[[Page 7846]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0005; Notice 1]


Hino Motors, Ltd., Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

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

SUMMARY: Hino Motors Sales USA, Inc., a wholly owned subsidiary of Hino 
Motors, Ltd. (collectively referred to as ``Hino''), has determined 
that certain model year (MY) 2014-2018 Hino heavy duty trucks do not 
fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 
101, Controls and Displays. Hino filed a noncompliance report dated 
December 11, 2017, and subsequently petitioned NHTSA on December 21, 
2017, for a decision that the subject noncompliance is inconsequential 
as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is March 26, 2018.

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 in the title 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 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) website 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 comments you have submitted by mail 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.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the 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. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION: 
    I. Overview: Hino has determined that certain MY 2014-2018 Hino 
heavy duty trucks do not fully comply with the requirements of Table 2 
of FMVSS No. 101, Controls and Displays (49 CFR 571.101). Hino filed a 
noncompliance report dated December 11, 2017, pursuant to CFR part 573, 
Defect and Noncompliance Responsibility and Reports, and subsequently 
petitioned NHTSA on December 21, 2017, pursuant to 49 U.S.C. 30118(d) 
and 30120(h) and 49 CFR part 556, for an exemption from the 
notification and remedy requirements of 49 U.S.C. Chapter 301 on the 
basis that this noncompliance is inconsequential as it relates to motor 
vehicle safety.
    This notice of receipt of their 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: Approximately 30,025 MY 2014-2018 Hino NJ8J, 
NV8J, and NH8J heavy duty trucks, manufactured between September 1, 
2013, and October 30, 2017, are potentially involved.
    III. Noncompliance: Hino describes the noncompliance as the 
omission of the words ``Brake Air'' for the Low Brake Air Pressure 
telltale as required in Table 2 of FMVSS No. 101.
    IV. Rule Requirements: Paragraphs S5 and S5.2.1 as well as Table 2 
of FMVSS No. 101, include the requirements relevant to this petition:
     Each passenger car, multipurpose passenger vehicle, truck 
and bus that is fitted with a control, a telltale, or an indicator must 
meet the requirements listed in Table 1 or Table 2 of FMVSS No. 101 for 
the location, identification, color, and illumination of that control, 
telltale or indicator.
     Each control, telltale and indicator that is listed in 
column 1 of Table 1 or Table 2 of FMVSS No. 101 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.
    V. Summary of Petition: Hino 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, Hino submitted the following reasoning:
    1. Hino 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 ISO 
symbol for brake system malfunction together with an audible alert that 
occurs in the subject vehicles would alert the driver to an air issue 
with the brake system. Once alerted, the driver can check the actual 
air pressure by reading the front and rear air gauges and seeing the 
red contrasting color on the gauges indicating low pressure.
    2. When the air pressure drops below 79 psi, the ISO symbol 
illuminates and the audible alert sounds, both of which are described 
in the Driver's/Owner's Manual of the subject vehicles. Therefore, even 
if the telltale is not ``BRAKE AIR,'' it is possible for the driver to 
be alerted that the air pressure is low.
    3. There are two scenarios when a low brake air pressure condition 
could exist: A parked vehicle and a moving vehicle. In both conditions, 
the driver would be alerted to a low-air condition by the following 
means:
     Red contrasting color of the ISO symbol
     Audible alert to the driver as long as the vehicle has low 
air (and park brake is released)
     Air pressure gauges for the front and rear air reservoirs 
clearly indicating the level of air pressure in the system

[[Page 7847]]

     Red contrasting color on the air gauges indicating low air 
pressure
    The functionality of both the parking brake system and the service 
brake system remains unaffected by using the ISO symbol for brake 
malfunction instead of ``Brake Air'' for the telltale in the subject 
vehicles.
    4. NHTSA Precedents--Hino notes that NHTSA has previously granted 
petitions for decisions of inconsequential noncompliance for similar 
brake telltale issues:
    (a) Docket No. NHTSA-2017-0011, 82 FR 33551 (July 20, 2017), grant 
of petition for Daimler Trucks North America, LLC.
    (b) Docket No. NHTSA-2014-0046, 79 FR 78559 (December 30, 2014), 
grant of petition for Chrysler Group, LLC
    (c) Docket No. NHTSA-2012-0004, 78 FR 69931 (November 21, 2013), 
grant of petition for Ford Motor Company.
    In these instances, the vehicles 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 warnings.
    Hino 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.
    To view Hino's petition analyses in their entirety you can visit 
https://www.regulations.gov by following the online instructions for 
accessing the dockets and by using the docket ID number for this 
petition shown in the heading of this notice.
    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 vehicles that Hino 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 or delivery for introduction into interstate 
commerce of the noncompliant vehicles under their control after Hino 
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,
Associate Administrator for Enforcement.
[FR Doc. 2018-03678 Filed 2-21-18; 8:45 am]
 BILLING CODE 4910-59-P