Autocar Industries, LLC and Autocar, LLC, Grant of Petitions for Decision of Inconsequential Noncompliance, 30218-30220 [2018-13830]

Download as PDF 30218 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices daltland on DSKBBV9HB2PROD with NOTICES activities during the reporting period. The reports will indicate progress made, planned activities for the next period, and a listing of any purchases made with grant funds during the reporting period. In addition, the report will include an explanation of any deviation from the projected budget and timeline. 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L. 115–141), the Buy American requirements of Chapter 83 of Title 41 U.S.C. apply to funds made available under this Notice of Funding Opportunity. Depending on other funding streams, the project may be subject to ‘‘Buy America’’ requirements. If a project intends to use any product with foreign content or of foreign origin, this information should be listed and addressed in the application. If certain VerDate Sep<11>2014 16:58 Jun 26, 2018 Jkt 244001 foreign content is granted an exception or waiver from Buy American or Buy America requirements, a Cargo Preference requirement may apply. Applications should expressly address how the applicant plans to comply with domestic-preference requirements and whether there are any potential foreigncontent issues with their proposed project. In accord with the Executive Order 13788, applications that use grant funds for domestic-content purchases will be viewed favorably. G. Federal Awarding Agency Contacts For further information concerning this notice, please contact Tori Collins, Office of Ports & Waterways Planning, Room W21–315, Maritime Administration, U.S. Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590, phone 202– 366–0795 or email Tori.Collins@dot.gov. To ensure applicants receive accurate information about eligibility, the program, or in response to other questions, applicants are encouraged to contact MARAD directly, rather than through intermediaries or third parties. * * * * * Dated: June 22, 2018. By Order of the Maritime Administrator. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2018–13798 Filed 6–26–18; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2017–0063; Notice 2; Docket No. NHTSA–2017–0065; Notice 2] Autocar Industries, LLC and Autocar, LLC, Grant of Petitions for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petitions. AGENCY: Autocar Industries, LLC and Autocar, LLC (collectively referred to as ‘‘Autocar’’), have determined that certain model year (MY) 2014–2018 Autocar Xspotter and Xpeditor trucks do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. Autocar filed noncompliance reports dated June 12, 2017; June 14, 2017; and later revised one of their reports on August 29, 2017. Autocar also submitted two petitions to NHTSA on June 19, 2017, and submitted supplemental petitions SUMMARY: PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 on August 29, 2017, for a decision that the subject noncompliance, present in each model, is inconsequential as it relates to motor vehicle safety. FOR FURTHER INFORMATION CONTACT: Joshua Campbell, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366–5307, facsimile (202) 366– 3081. SUPPLEMENTARY INFORMATION: I. Overview Autocar has determined that certain MY 2014–2018 Autocar Xspotter and Xpeditor trucks do not fully comply with Table 2 of FMVSS No. 101, Controls and Displays (49 CFR 571.101). Autocar filed noncompliance reports dated June 12, 2017; June 14, 2017; and later revised one of their reports on August 29, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Autocar also submitted two petitions to NHTSA on June 19, 2017, and submitted supplemental petitions on August 29, 2017, 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, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556. Notices of receipt of the petitions were published with a 30-day public comment period, on August 16, 2017, in the Federal Register (82 FR 38995) and (82 FR 38999). No comments were received. II. Vehicles Involved Approximately 644 MY 2014–2018 Autocar Xspotter trucks, manufactured between September 12, 2013 and August 4, 2017, and approximately 5,545 MY 2014–2018 Autocar Xpeditor trucks, manufactured between September 3, 2013, and June 2, 2017, are potentially involved. III. Noncompliance Autocar explains that the noncompliance is that the low brake air pressure telltale for air brake systems displays the word ‘‘BRAKE PRESSURE’’ along with a symbol specified in Canadian Motor Vehicle Safety Standard (CMVSS) 101 rather than the words ‘‘Brake Air’’ as specified in Table 2 of FMVSS No. 101. Autocar states that the telltale is accompanied by an audible alert and pressure gauges. IV. Rule Requirements Paragraphs S5 and S5.2.1 of FMVSS No. 101, include the requirements relevant to this petition: • Each passenger car, multipurpose passenger vehicle, truck and bus that is E:\FR\FM\27JNN1.SGM 27JNN1 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices daltland on DSKBBV9HB2PROD with NOTICES fitted with a control, a telltale, or an indicator listed in Table 1 or Table 2 must meet the requirements 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 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 Autocar described the subject noncompliance and stated it believes that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of Autocar’s petitions, the company submitted the following arguments: (a) Autocar 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 words ‘‘BRAKE PRESSURE’’ instead of ‘‘Brake Air,’’ together with display of the CMVSS required symbol and sounding of an audible alert that occurs inside the subject vehicles would alert the driver to an air pressure issue with the brake system. Once alerted, the driver can check the actual air pressure by reading the primary and secondary air gauges and by observing the contrasting color on the gauges indicating low pressure. (b) NHTSA stated in a 2005 FMVSS No. 101 rulemaking that the reason for including vehicles over 10,000 pounds GVWR in the application of the standard is that drivers of heavier vehicles need to see and identify their displays, just like drivers of lighter vehicles. See 70 FR 48295, 48298 (Aug. 17, 2005). Drivers of commercial vehicles conduct pre-trip daily inspections. For vehicles with pneumatic brake systems, the in-cab checks of the air-brake warning light and buzzer would familiarize the driver with the specific telltale display and audible warning in the event a low-air condition was to occur during operation. (c) There are two scenarios when a low brake air pressure condition would 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 telltale indicating ‘‘BRAKE PRESSURE’’ • Audible alert to the driver as long as the vehicle has low air • Air pressure gauges for the primary and secondary air reservoirs clearly VerDate Sep<11>2014 16:58 Jun 26, 2018 Jkt 244001 indicating the level of air pressure in the system • Red contrasting color on the air gauges indicating pressure below 60 PSI The functionality of both the parking brake system and the service brake system remains unaffected by using ‘‘BRAKE PRESSURE’’ instead of ‘‘Brake Air’’ for the telltale in the subject vehicles. (d) NHTSA Precedents—Autocar notes that NHTSA has previously granted petitions for inconsequential noncompliance for similar brake telltale issues. See Docket No. NHTSA–2012– 0004, 78 FR 69931 (November 21, 2013) (grant of petition for Ford Motor Company); Docket No. NHTSA–2014– 0046, 79 FR 78559 (December 30, 2014) (grant of petition for Chrysler Group, LLC); and Docket No. NHTSA–2016– 0103, 82 Federal Register 17084 (April 7, 2017) (grant of petition for Daimler Trucks North America). In all of these instances, the vehicles at issue did not meet the exact requirements listed in FMVSS No. 101, Table 2. The available warnings, however, were deemed sufficient to provide the necessary driver warning. Autocar respectfully suggests that the same is true for the subject vehicles: the red ‘‘BRAKE PRESSURE’’ telltale, the audible alert, and the contrasting colors on the air pressure gauges are fully sufficient to warn the driver of a low brake air pressure situation. Autocar concluded by expressing their belief that the subject noncompliance is inconsequential as it relates to motor vehicle safety, and that NHTSA should grant Autocar’s petitions 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. Autocar’s petitions and all supporting documents are available by logging onto the Federal Docket Management System (FDMS) website at: https:// www.regulations.gov and following the online search instructions to locate the docket numbers listed in the title of this notice. VI. NHTSA’s Analysis NHTSA has considered the arguments presented in Autocar’s petitions and has determined that the subject noncompliance is inconsequential to motor vehicle safety. NHTSA believes that the subject noncompliance poses no risk to motor vehicle safety because multiple sources of information, as described in the petition and discussed below, are simultaneously activated to warn the driver of a low air condition. PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 30219 1. When a low air pressure situation exists, for both a parked or moving vehicle, the ‘‘BRAKE PRESSURE’’ telltale will activate in red letters with a black background. There are no requirements in FMVSS No. 101 for the color of the telltale, but Autocar’s use of red, which is an accepted color representing an urgent condition, provides a definitive indication of a situation that needs attention. 2. Simultaneous to illumination of the ‘‘BRAKE PRESSURE’’ telltale 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 be prompted by the warning tone to heed the telltale (i.e., ‘‘BRAKE PRESSURE’’). 3. In a low-pressure situation, the operator is provided additional feedback by the primary and secondary instrument cluster air gauges which are marked with numerical values in PSI units along with red contrasting colors on the gauges during a low-pressure condition. 4. Further, NHTSA agrees with Autocar’s contention that the functionality of the parking brake system and the braking performance of the service brake system remain unaffected by use of the telltale wording ‘‘BRAKE PRESSURE’’ instead of ‘‘Brake Air’’ on the subject vehicles. 5. Lastly, NHTSA believes that, as the affected trucks are predominately used as commercial vehicles with professional drivers, operators will monitor their vehicle’s condition and take note of any warning signs and gauge readings to ensure proper functionality of all systems. Autocar states, and the agency agrees, that professional drivers will be familiar with the meaning of telltales and other warnings, and that the feedback provided to the driver in these vehicles if a low brake pressure condition exists would be well understood. NHTSA concludes that simultaneous activation of the red ‘‘BRAKE PRESSURE’’ telltale with a black contrasting background, an audible alert for a low air pressure condition, along with the primary and secondary air gauge indicators, and the reduced drivability of the vehicles under a low air pressure condition, provide adequate notification to the operator that a brake malfunction exists. NHTSA further concludes that the discrepancy with the telltale requirement is unlikely to lead to any misunderstanding since other sources of correct information beyond the ‘‘BRAKE PRESSURE’’ telltale are always provided. E:\FR\FM\27JNN1.SGM 27JNN1 30220 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices VII. NHTSA’s Decision In consideration of the foregoing, NHTSA finds that Autocar has met its burden of persuasion that the FMVSS No. 101 noncompliance is, in each case, inconsequential as it relates to motor vehicle safety. Accordingly, Autocar’s petitions are hereby granted, and Autocar is consequently exempted from the obligation to provide notification of, and remedy for, the subject noncompliance in the affected vehicles 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 Autocar no longer controlled at the time it determined that the noncompliance existed. However, the granting of these petitions 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 Autocar 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. Michael A. Cole, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. 2018–13830 Filed 6–26–18; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Loans in Areas Having Special Flood Hazards Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. daltland on DSKBBV9HB2PROD with NOTICES AGENCY: The OCC, 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 a continuing information SUMMARY: VerDate Sep<11>2014 16:58 Jun 26, 2018 Jkt 244001 collection as required by the Paperwork Reduction Act of 1995 (PRA). In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning the renewal of its information collection titled ‘‘Loans in Areas Having Special Flood Hazards.’’ The OCC also is giving notice that the information collection has been submitted to OMB for review. DATES: Comments must be received by July 27, 2018. ADDRESSES: Commenters are encouraged to submit comments by email, if possible. You may submit comments by any of the following methods: • Email: prainfo@occ.treas.gov. • Mail: Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, Attention: 1557–0326, 400 7th Street SW, suite 3E– 218, Washington, DC 20219. • Hand Delivery/Courier: 400 7th Street SW, Suite 3E–218, Washington, DC 20219. • Fax: (571) 465–4326. Instructions: You must include ‘‘OCC’’ as the agency name and ‘‘1557– 0326’’ in your comment. In general, the OCC will publish your comment on www.reginfo.gov without change, including any business or personal information that you provide, such as name and address information, email addresses, or phone numbers. Comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not include any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. Additionally, please send a copy of your comments by mail to: OCC Desk Officer, 1557–0326, U.S. Office of Management and Budget, 725 17th Street NW, #10235, Washington, DC 20503 or by email to oira_submission@ omb.eop.gov. You may review comments and other related materials that pertain to this information collection 1 following the close of the 30-Day comment period for this notice by any of the following methods: • Viewing Comments Electronically: Go to www.reginfo.gov. Click on the ‘‘Information Collection Review’’ tab. Underneath the ‘‘Currently under 1 On April 3, 2018, the OCC published a 60-Day notice for this information collection. PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 Review’’ section heading, from the dropdown menu, select ‘‘Department of Treasury’’ and then click ‘‘submit.’’ This information collection can be located by searching by OMB control number ‘‘1557–0326’’ or ‘‘Loans in Areas Having Special Flood Hazards.’’ Upon finding the appropriate information collection, click on the related ‘‘ICR Reference Number.’’ On the next screen, select ‘‘View Supporting Statement and Other Documents’’ and then click on the link to any comment listed at the bottom of the screen. • For assistance in navigating www.reginfo.gov, please contact the Regulatory Information Service Center at (202) 482–7340. • Viewing Comments Personally: You may personally inspect comments at the OCC, 400 7th Street SW, Washington, DC. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 649–6700 or, for persons who are deaf or hearing impaired, TTY, (202) 649–5597. Upon arrival, visitors will be required to present valid government-issued photo identification and submit to security screening in order to inspect comments. FOR FURTHER INFORMATION CONTACT: Sharon A. Johnson, OCC Clearance Officer, (202) 649–5490 or, for persons who are deaf or hearing impaired, TTY, (202) 649–5597, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th Street SW, Suite 3E–218, Washington, DC 20219. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501–3520), federal agencies must obtain approval from the OMB for each collection of information that they conduct or sponsor. ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. The OCC asks OMB to extend its approval of the following information collection. Title: Loans in Areas Having Special Flood Hazards. OMB Control No.: 1557–0326. Type of Review: Regular. Description: This information collection is required to evidence compliance with the requirements of the federal flood insurance statutes with respect to lenders and servicers and set forth in OCC regulations at 12 CFR part 22. These provisions are required by the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, as amended.2 The information 2 42 E:\FR\FM\27JNN1.SGM U.S.C. 4001–4129. 27JNN1

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[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Notices]
[Pages 30218-30220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13830]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0063; Notice 2; Docket No. NHTSA-2017-0065; 
Notice 2]


Autocar Industries, LLC and Autocar, LLC, Grant of Petitions for 
Decision of Inconsequential Noncompliance

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

ACTION: Grant of petitions.

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

SUMMARY: Autocar Industries, LLC and Autocar, LLC (collectively 
referred to as ``Autocar''), have determined that certain model year 
(MY) 2014-2018 Autocar Xspotter and Xpeditor trucks do not fully comply 
with Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls 
and Displays. Autocar filed noncompliance reports dated June 12, 2017; 
June 14, 2017; and later revised one of their reports on August 29, 
2017. Autocar also submitted two petitions to NHTSA on June 19, 2017, 
and submitted supplemental petitions on August 29, 2017, for a decision 
that the subject noncompliance, present in each model, is 
inconsequential as it relates to motor vehicle safety.

FOR FURTHER INFORMATION CONTACT: Joshua Campbell, Office of Vehicle 
Safety Compliance, NHTSA, telephone (202) 366-5307, facsimile (202) 
366-3081.

SUPPLEMENTARY INFORMATION: 

I. Overview

    Autocar has determined that certain MY 2014-2018 Autocar Xspotter 
and Xpeditor trucks do not fully comply with Table 2 of FMVSS No. 101, 
Controls and Displays (49 CFR 571.101). Autocar filed noncompliance 
reports dated June 12, 2017; June 14, 2017; and later revised one of 
their reports on August 29, 2017, pursuant to 49 CFR part 573, Defect 
and Noncompliance Responsibility and Reports. Autocar also submitted 
two petitions to NHTSA on June 19, 2017, and submitted supplemental 
petitions on August 29, 2017, 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, 
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556.
    Notices of receipt of the petitions were published with a 30-day 
public comment period, on August 16, 2017, in the Federal Register (82 
FR 38995) and (82 FR 38999). No comments were received.

II. Vehicles Involved

    Approximately 644 MY 2014-2018 Autocar Xspotter trucks, 
manufactured between September 12, 2013 and August 4, 2017, and 
approximately 5,545 MY 2014-2018 Autocar Xpeditor trucks, manufactured 
between September 3, 2013, and June 2, 2017, are potentially involved.

III. Noncompliance

    Autocar explains that the noncompliance is that the low brake air 
pressure telltale for air brake systems displays the word ``BRAKE 
PRESSURE'' along with a symbol specified in Canadian Motor Vehicle 
Safety Standard (CMVSS) 101 rather than the words ``Brake Air'' as 
specified in Table 2 of FMVSS No. 101. Autocar states that the telltale 
is accompanied by an audible alert and pressure gauges.

IV. Rule Requirements

    Paragraphs S5 and S5.2.1 of FMVSS No. 101, include the requirements 
relevant to this petition:
     Each passenger car, multipurpose passenger vehicle, truck 
and bus that is

[[Page 30219]]

fitted with a control, a telltale, or an indicator listed in Table 1 or 
Table 2 must meet the requirements 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 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

    Autocar described the subject noncompliance and stated it believes 
that the noncompliance is inconsequential as it relates to motor 
vehicle safety.
    In support of Autocar's petitions, the company submitted the 
following arguments:
    (a) Autocar 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 words 
``BRAKE PRESSURE'' instead of ``Brake Air,'' together with display of 
the CMVSS required symbol and sounding of an audible alert that occurs 
inside the subject vehicles would alert the driver to an air pressure 
issue with the brake system. Once alerted, the driver can check the 
actual air pressure by reading the primary and secondary air gauges and 
by observing the contrasting color on the gauges indicating low 
pressure.
    (b) NHTSA stated in a 2005 FMVSS No. 101 rulemaking that the reason 
for including vehicles over 10,000 pounds GVWR in the application of 
the standard is that drivers of heavier vehicles need to see and 
identify their displays, just like drivers of lighter vehicles. See 70 
FR 48295, 48298 (Aug. 17, 2005). Drivers of commercial vehicles conduct 
pre-trip daily inspections. For vehicles with pneumatic brake systems, 
the in-cab checks of the air-brake warning light and buzzer would 
familiarize the driver with the specific telltale display and audible 
warning in the event a low-air condition was to occur during operation.
    (c) There are two scenarios when a low brake air pressure condition 
would 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 telltale indicating ``BRAKE 
PRESSURE''
 Audible alert to the driver as long as the vehicle has low air
 Air pressure gauges for the primary and secondary air 
reservoirs clearly indicating the level of air pressure in the system
 Red contrasting color on the air gauges indicating pressure 
below 60 PSI

    The functionality of both the parking brake system and the service 
brake system remains unaffected by using ``BRAKE PRESSURE'' instead of 
``Brake Air'' for the telltale in the subject vehicles.
    (d) NHTSA Precedents--Autocar notes that NHTSA has previously 
granted petitions for inconsequential noncompliance for similar brake 
telltale issues. See Docket No. NHTSA-2012-0004, 78 FR 69931 (November 
21, 2013) (grant of petition for Ford Motor Company); Docket No. NHTSA-
2014-0046, 79 FR 78559 (December 30, 2014) (grant of petition for 
Chrysler Group, LLC); and Docket No. NHTSA-2016-0103, 82 Federal 
Register 17084 (April 7, 2017) (grant of petition for Daimler Trucks 
North America). In all of these instances, the vehicles at issue did 
not meet the exact requirements listed in FMVSS No. 101, Table 2. The 
available warnings, however, were deemed sufficient to provide the 
necessary driver warning. Autocar respectfully suggests that the same 
is true for the subject vehicles: the red ``BRAKE PRESSURE'' telltale, 
the audible alert, and the contrasting colors on the air pressure 
gauges are fully sufficient to warn the driver of a low brake air 
pressure situation.
    Autocar concluded by expressing their belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that NHTSA should grant Autocar's petitions 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.
    Autocar's petitions and all supporting documents are available by 
logging onto the Federal Docket Management System (FDMS) website at: 
https://www.regulations.gov and following the online search 
instructions to locate the docket numbers listed in the title of this 
notice.

VI. NHTSA's Analysis

    NHTSA has considered the arguments presented in Autocar's petitions 
and has determined that the subject noncompliance is inconsequential to 
motor vehicle safety. NHTSA believes that the subject noncompliance 
poses no risk to motor vehicle safety because multiple sources of 
information, as described in the petition and discussed below, are 
simultaneously activated to warn the driver of a low air condition.
    1. When a low air pressure situation exists, for both a parked or 
moving vehicle, the ``BRAKE PRESSURE'' telltale will activate in red 
letters with a black background. There are no requirements in FMVSS No. 
101 for the color of the telltale, but Autocar's use of red, which is 
an accepted color representing an urgent condition, provides a 
definitive indication of a situation that needs attention.
    2. Simultaneous to illumination of the ``BRAKE PRESSURE'' telltale 
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 be 
prompted by the warning tone to heed the telltale (i.e., ``BRAKE 
PRESSURE'').
    3. In a low-pressure situation, the operator is provided additional 
feedback by the primary and secondary instrument cluster air gauges 
which are marked with numerical values in PSI units along with red 
contrasting colors on the gauges during a low-pressure condition.
    4. Further, NHTSA agrees with Autocar's contention that the 
functionality of the parking brake system and the braking performance 
of the service brake system remain unaffected by use of the telltale 
wording ``BRAKE PRESSURE'' instead of ``Brake Air'' on the subject 
vehicles.
    5. Lastly, NHTSA believes that, as the affected trucks are 
predominately used as commercial vehicles with professional drivers, 
operators will monitor their vehicle's condition and take note of any 
warning signs and gauge readings to ensure proper functionality of all 
systems. Autocar states, and the agency agrees, that professional 
drivers will be familiar with the meaning of telltales and other 
warnings, and that the feedback provided to the driver in these 
vehicles if a low brake pressure condition exists would be well 
understood.
    NHTSA concludes that simultaneous activation of the red ``BRAKE 
PRESSURE'' telltale with a black contrasting background, an audible 
alert for a low air pressure condition, along with the primary and 
secondary air gauge indicators, and the reduced drivability of the 
vehicles under a low air pressure condition, provide adequate 
notification to the operator that a brake malfunction exists. NHTSA 
further concludes that the discrepancy with the telltale requirement is 
unlikely to lead to any misunderstanding since other sources of correct 
information beyond the ``BRAKE PRESSURE'' telltale are always provided.

[[Page 30220]]

VII. NHTSA's Decision

    In consideration of the foregoing, NHTSA finds that Autocar has met 
its burden of persuasion that the FMVSS No. 101 noncompliance is, in 
each case, inconsequential as it relates to motor vehicle safety. 
Accordingly, Autocar's petitions are hereby granted, and Autocar is 
consequently exempted from the obligation to provide notification of, 
and remedy for, the subject noncompliance in the affected vehicles 
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 Autocar no longer controlled 
at the time it determined that the noncompliance existed. However, the 
granting of these petitions 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 Autocar 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.

Michael A. Cole,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-13830 Filed 6-26-18; 8:45 am]
BILLING CODE 4910-59-P

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