Autocar Industries, LLC and Hino Motors Sales U.S.A., Inc., Grant of Petitions for Decision of Inconsequential Noncompliance, 11162-11163 [2019-05600]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 84, Number 57 (Monday, March 25, 2019)]
[Notices]
[Pages 11162-11163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05600]



[[Page 11162]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0064; Notice 2; Docket No. NHTSA-2018-0005; 
Notice 2]


Autocar Industries, LLC and Hino Motors Sales U.S.A., Inc., Grant 
of Petitions for Decision of Inconsequential Noncompliance

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

ACTION: Grant of petitions.

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SUMMARY: Autocar Industries, LLC (Autocar Industries) and Hino Motors 
Sales U.S.A., Inc., (Hino), have determined that certain model year 
(MY) 2014-2018 Autocar Xpert trucks and certain MY 2014-2018 Hino 
heavy-duty trucks do not fully comply with Federal Motor Vehicle Safety 
Standard (FMVSS) No. 101, Controls and Displays. The petitioners have 
requested that NHTSA deem the subject noncompliances inconsequential to 
motor vehicle safety. This notice announces the grant of these 
petitions.

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 Industries has determined that certain MY 2014-2018 Autocar 
Xpert trucks do not fully comply with Table 2 of FMVSS No. 101, 
Controls and Displays (49 CFR 571.101). Autocar Industries filed a 
report dated June 12, 2017, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports. Autocar Industries also 
petitioned NHTSA on June 19, 2017, and later submitted a supplemental 
petition on August 29, 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. 
Notice of receipt of Autocar Industries' petition was published with a 
30-day public comment period on August 16, 2017, in the Federal 
Register (82 FR 38997). No comments were received.
    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. Hino filed a report dated December 11, 
2017, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Hino also 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. Notice of 
receipt of Hino's petition was published with a 30-day public comment 
period on February 22, 2018, in the Federal Register (83 FR 7846). No 
comments were received.

II. Vehicles Involved

    Approximately 522 MY 2014-2018 Autocar Xpert trucks, manufactured 
between September 05, 2013 and September 05, 2017, are potentially 
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

    The petitioners explain that the subject noncompliance is the low 
brake air pressure telltale for air brake systems displays the 
International Standards Organization (ISO) symbol for brake malfunction 
rather than the words ``Brake Air'' as specified in Table 2 of FMVSS 
No. 101. Both petitioners stated that the ISO telltale is accompanied 
by an audible alert and pressure gauges.

IV. Regulatory 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 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 Petitions

    The petitioners described the subject noncompliance and stated 
their belief that the noncompliance is inconsequential as it relates to 
motor vehicle safety. In support, the petitioners submitted the 
following arguments:
    1. Both petitioners noted 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 vehicles in question display the ISO symbol for brake 
malfunction instead of ``Brake Air,'' along with an audible alert that 
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 
primary and secondary air gauges and seeing the contrasting color on 
the gauges indicating low pressure.
    2. Autocar Industries cited that in a 2005 FMVSS No. 101 
rulemaking, NHTSA stated 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, there is an in-cab air brake 
diagnostic that checks for a warning light and buzzer at 60 PSI, and 
this would familiarize the driver with the specific telltale and 
audible warning used in the event a low-air condition occurred during 
operation.
    3. Hino stated that 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 does not use the required ``Brake Air'' 
display, the driver is alerted that the air pressure is low.
    4. Both petitioners noted that 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 brake malfunction 
telltale.
     Audible alert to the driver as long as the vehicle has low 
air (and park brake is released).
     Dual indicator air pressure gauge 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 low air 
pressure.
    The functionality and performance of both the parking brake system 
and the service brake system remain unaffected by using the ISO symbol 
for brake malfunction instead of ``Brake Air'' for the telltale in the 
subject vehicles.

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    5. NHTSA Precedents--The petitioners noted that NHTSA has 
previously granted petitions for decisions of inconsequential 
noncompliance for the following similar brake telltale issues:
     Docket No. NHTSA-2017-0011, 82 FR 33551 (July 20, 2017), 
grant of petition for Daimler Trucks North America, LLC.
     Docket No. NHTSA-2014-0046, 79 FR 78559 (December 30, 
2014), grant of petition for Chrysler Group, LLC.
     Docket No. NHTSA-2012-0004, 78 FR 69931 (November 21, 
2013), grant of petition for Ford Motor Company.
     Docket No. NHTSA-2017-011, 82 FR 33551 (July 20, 2017), 
Grant of Petition for Decision of Inconsequential Noncompliance for 
Daimler Trucks North America, LLC.
    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.
    The petitioners concluded by expressing their belief that the 
subject noncompliance is inconsequential as it relates to motor vehicle 
safety, and that NHTSA should grant their 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.
    The petitioner's complete 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 by the petitioners 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 pressure 
condition in the brake system.
    1. When a low air pressure situation exists, for both a parked or 
moving vehicle, the ISO symbol will illuminate in red with a black 
background. The petitioner's use of red is an accepted color 
representing an urgent condition and provides a definitive indication 
of a situation that needs attention.
    2. Simultaneous to illumination of the ISO symbol 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., ISO symbol).
    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 the petitioners that the 
functionality of the parking brake system and the braking performance 
of the service brake system remain unaffected by use of the ISO symbol 
instead of the words ``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. The petitioners stated, and the agency agrees, that 
professional drivers will become 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. This learning process is reinforced by the in-cab function 
check for the brake pressure telltale and audible warning.
    6. The ISO symbol has been used on U.S.-certified vehicles for many 
years. If the driver is not familiar with its meaning, the Owner's 
manual can be referenced which will explain the relationship with the 
brake system. Over time, the ISO symbol has evolved to become 
increasingly recognizable and understandable to drivers so if it is 
activated, they would likely be alerted to a possible brake system 
malfunction which needs to be remedied.
    NHTSA concludes that simultaneous activation of the red ISO symbol 
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 Air'' telltale are provided when a low air pressure condition 
exists.

VII. NHTSA's Decision

    In consideration of the foregoing, NHTSA finds that Autocar 
Industries and Hino have met their burden of persuasion that the FMVSS 
No. 101 noncompliance is, in each case, inconsequential as it relates 
to motor vehicle safety. Accordingly, Autocar Industries and Hino's 
petitions are hereby granted, and they are 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 Industries and Hino 
no longer controlled at the time it determined that the noncompliance 
existed. However, the granting of this petition does not relieve 
vehicle distributors and dealers of the prohibitions on the sale, offer 
for sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant vehicles under their control after Autocar 
Industries and 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.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-05600 Filed 3-22-19; 8:45 am]
 BILLING CODE 4910-59-P