Mack Trucks, Inc., and Volvo Trucks North America, Grant of Petitions for Decision of Inconsequential Noncompliance, 67766-67768 [2019-26685]
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67766
Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2019–0103]
lotter on DSKBCFDHB2PROD with NOTICES
Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this provides
the public notice that by letter received
December 3, 2019, Colorado Pacific
Railroad, LLC (CXR) petitioned the
Federal Railroad Administration (FRA)
for a waiver of compliance from certain
provisions of the Federal railroad safety
regulations contained at 49 CFR part
234. FRA assigned the petition Docket
Number FRA–2019–0103.
Specifically, CXR seeks a waiver from
the requirements of 49 CFR 234.247,
Purpose of inspections and tests;
removal from service of relay or device
failing to meet test requirements. CXR
seeks this relief to operate over five nonfunctioning highway-rail grade
crossings (HRGC) in Kiowa County,
Colorado, without making inspections
and tests required in § 234.249 through
§ 234.271.
The line runs from milepost (MP)
747.50 in Towner, Colorado, to NA
Junction, Colorado, at MP 869.40. CXR
purchased the line in 2017, but it has
not yet started operations pending
repair and rehabilitation of the tracks
that have been neglected for many years.
CXR explains the HRGC warning
signal system at each of the five
locations has been vandalized. CXR
intends to rehabilitate the tracks to meet
FRA Class 2 standards with 25 miles per
hour (MPH) operation, with 10 MPH in
Eads, Colorado, and Ordway, Colorado,
with an average of one train per day.
Applications to the Colorado Public
Utilities Commission have been made
for the five involved HRGCs. Four of the
five applications seek changing the
active crossings to passive crossings,
and one application seeks to remove the
gates, but keep the flashers.
CXR explains it only seeks permission
to temporarily use flagmen at five
HRGCs in relatively small Colorado
towns to allow rail service pending the
reconstruction of rail signaling and
equipment. The expectation is that no
more than one train of 25 cars per day
would be transported over these HRGCs
for a period of 10 weeks. This rail
service would be over an approximately
62-mile-long segment of CXR’s 122-mile
rail line. This segment extends from
Haswell, Colorado, eastward to Towner,
Colorado, where the CXR track
interchanges with the track of the
Kansas & Oklahoma Railroad.
CXR states there is a present urgency
to permit this rail service. Area wheat
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and milo farmers, in reliance upon
restoration of rail service to this
territory, have delivered so much grain
to one Haswell facility, that it has been
necessary to store a veritable mountain
of it on the ground. 2019 saw near
record rainfall in this territory, resulting
in above average harvest amounts. To
avoid the waste of these harvested
crops, expedited approval of flagman
service to allow opening of the railroad
to service is necessary.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the Department of Transportation’s
Docket Operations Facility, 1200 New
Jersey Ave. SE, W12–140, Washington,
DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m.,
Monday through Friday, except Federal
Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Website: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Ave. SE, W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Ave. SE, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
Communications received by January
10, 2020 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered if practicable.
Anyone can search the electronic
form of any written communications
and comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT
solicits comments from the public to
better inform its processes. DOT posts
these comments, without edit, including
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any personal information the
commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy. See also https://
www.regulations.gov/#!privacyNotice
for the privacy notice of regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2019–26663 Filed 12–10–19; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2019–0029; NHTSA–
2019–0030; Notice 2]
Mack Trucks, Inc., and Volvo Trucks
North America, Grant of Petitions for
Decision of Inconsequential
Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petitions.
AGENCY:
Mack Trucks Inc., (Mack) and
Volvo Trucks North America (Volvo)
have determined that certain model year
(MY) 2014–2019 Mack Trucks and
certain MY 2014–2019 Volvo Trucks do
not comply with Federal Motor Vehicle
Safety Standard (FMVSS) 101, Controls
and Displays. Both Mack and Volvo
filed noncompliance reports dated
August 16, 2018, and later amended
them on August 23, 2018, and June 2,
2019. Both Mack and Volvo
subsequently petitioned NHTSA on
October 9, 2018, and later amended
their respective petitions on May 29,
2019, for a decision that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety. This
notice announces grant of both Mack
and Volvo’s petitions.
FOR FURTHER INFORMATION CONTACT: John
Finneran, Office of Vehicle Safety
Compliance, NHTSA, telephone (202)
366–5289, facsimile (202) 366–3081.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Overview
Mack and Volvo have determined that
certain MY 2014–2019 Mack Trucks and
that certain MY 2014–2019 Volvo
Trucks do not comply with Table 2 of
FMVSS 101, Controls and Displays (49
CFR 571.101). Both Mack and Volvo
filed noncompliance reports dated
August 16, 2018, and later amended
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Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Notices
them on August 23, 2018, and June 2,
2019, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports. Both Mack
and Volvo subsequently petitioned
NHTSA on October 9, 2018, and later
amended their petitions on May 29,
2019, 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,
Exemption for Inconsequential Defect or
Noncompliance.
Notice of receipt of Mack’s and
Volvo’s petitions was published with a
30-day public comment period on
August 21, 2019, in the Federal Register
(84 FR 43663). No comments were
received.
II. Vehicles Involved
Approximately 95,000 MY 2014–2019
Mack Anthem, Granite, LR, Pinnacle,
TerraPro, and Titan Trucks,
manufactured between September 1,
2013, and August 13, 2018, are
potentially involved.
Approximately 130,000 MY 2014–
2019 Volvo VAH, VHD, VNL, VNM,
VNR VNX, and VT Trucks,
manufactured between September 1,
2013, and August 13, 2018, are
potentially involved.
lotter on DSKBCFDHB2PROD with NOTICES
III. Noncompliance
Mack and Volvo explained that the
noncompliance is that the Low Brake
Air Pressure telltale for air brake
systems does not display the words
‘‘Brake Air,’’ as specified in Table 2 of
FMVSS No. 101. The subject Mack
vehicles include various combinations
of low air telltales, pressure gauges, and
available alerts, and the subject Volvo
vehicles include both visual and audible
warnings that are not an exact match to
the ‘‘Brake Air’’ telltale requirement.
IV. Rule Requirements
Paragraphs S5 and S5.2.1 of FMVSS
No. 101 include the requirements
relevant to these petitions. 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.
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V. Summary of Petition
Mack and Volvo both described the
subject noncompliance and stated its
belief that the noncompliance is
inconsequential as it relates to motor
vehicle safety.
Mack and Volvo submitted the
following views and arguments in
support of the petitions:
1. Both Mack and Volvo provide a
visual and audible alarm along with air
pressure gauges and feel that their
vehicles, even though non-compliant,
meet the intent of the regulation to
provide a clear and visible warning to
the driver when the air pressure in the
service reservoir system is below 60 psi.
2. For Mack Granite, Pinnacle, and
Titan model vehicles that are 2018 and
earlier, the display includes two gauges
and a red low air pressure indicator
lamp for each gauge. When a low air
pressure situation occurs, the driver is
warned through the gauge, a red
indicator lamp in each gauge, and an
audible warning.
3. For Mack LR model vehicles, two
pressure gauges, a low air telltale, a
popup in the display, and an audible
alarm are provided.
4. For Mack TerraPro model vehicles,
pressure gauges, a low air telltale, and
an audible alarm are provided.
5. In 2019 and later Anthem,
Pinnacle, and Granite model vehicles,
pressure gauges, a low air pressure popup (System Air Pressure is Low), and an
audible alarm are provided.
6. For Volvo, 2014–2019 models, the
display includes two gauges and a red
low air pressure indicator lamp for each
gauge. When a low air pressure situation
occurs, the driver is warned through the
gauge, a red indicator lamp in each
gauge, and an audible warning. On all
models and model years, a pop-up (Low
System Air Pressure) is provided in
addition to the gauges, a low-pressure
indicator, and an audible alarm.
Both Mack and Volvo concluded by
expressing the belief that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety, and that
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, should be granted.
VI. NHTSA’s Consideration
Any manufacturer that determines a
noncompliance to exist and intends to
petition the agency, pursuant to 49 CFR
part 556.4(c), must submit their petition
no later than 30 days after such
determination. Both Mack and Volvo
submitted their petitions 25 days past
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67767
the 30-day requirement. However, due
to the nature of the noncompliance and
considering that the agency has
previously granted similar
inconsequential noncompliance
petitions, in this case, the agency has
decided to accept both Mack and
Volvo’s petitions.
VII. NHTSA’s Analysis
NHTSA has considered the arguments
presented by Mack and Volvo 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 for the
reasons discussed below:
1. When a low air pressure situation
exists, each vehicle has a low system air
pressure indicator illuminated in red
with a black background. There are no
requirements in FMVSS No. 101 for the
color of the telltale but the petitioner’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 the illumination of
the low system air pressure indicators 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 other
indicators.
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 with red shading denoting the
low-pressure range.
4. The Agency believes that the
functionality of the parking brake
system and the braking performance of
the service brake system remain
unaffected by the use of multiple
different indicators and audible alerts
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. Also,
professional drivers will become
familiar with the meaning of the
telltales and other warnings and the
feedback provided to the driver in these
vehicles, if a low brake pressure
condition exists, would be well
understood.
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Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Notices
NHTSA concludes that simultaneous
activation of the red low air pressure
indicators, an audible alert for a low air
pressure condition, along with the
primary and secondary air gauge
indicators, provide adequate
notification to the operator that a brake
malfunction exists.
VIII. NHTSA’s Decision
In consideration of the foregoing,
NHTSA finds that Mack and Volvo 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,
Mack and Volvo’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
vehicle that Mack and Volvo 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 Mack and Volvo 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. 2019–26685 Filed 12–10–19; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
lotter on DSKBCFDHB2PROD with NOTICES
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2018–0025: Notice No.
19–XX]
Hazardous Materials: Notice of
Issuance of Special Permit Regarding
Liquefied Natural Gas
Pipeline and Hazardous
Materials Safety Administration
AGENCY:
VerDate Sep<11>2014
16:23 Dec 10, 2019
Jkt 250001
(PHMSA), Department of Transportation
(DOT).
ACTION: Notice.
PHMSA is publishing this
notice as a general informational
announcement concerning the issuance
of a special permit. The special permit
authorizes the grantee to transport
Methane, refrigerated liquid (i.e.,
liquefied natural gas or LNG) by rail
tank car. The special permit and
documents supporting the special
permit decision have been added to
PHMSA’s LNG by Rail Notice of
Proposed Rulemaking Docket (Docket
No. PHMSA–2018–0025) for
consideration by the public because the
subject matter of the special permit
overlaps with the subject matter of
PHMSA’s rulemaking proposing to
authorize the transport of LNG in rail
tank cars. PHMSA reviewed comments
to the draft environmental assessment
(Docket No. PHMSA–2019–0100)
published for public review on June 6,
2019. These comments informed
PHMSA’s decision making in issuing
the special permit and will also help to
inform PHMSA’s deliberations with
respect to a potential LNG by rail final
rule. PHMSA will consider any
additional comments on the operational
controls included in the special permit
that are filed to the LNG rulemaking
docket to aid the agency in determining
what, if any, operational controls may
be appropriate for inclusion in a
potential final rule.
DATES: Comments must be received to
Docket No. PHMSA–2018–0025 by
December 23, 2019. To the extent
practicable, PHMSA will consider latefiled comments in development of a
potential final rule.
ADDRESSES: You may submit comments
identified by the Docket Number
PHMSA–2018–0025 (HM–264) via any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Management System;
U.S. Department of Transportation,
West Building, Ground Floor, Room
W12–140, Routing Symbol M–30, 1200
New Jersey Avenue SE, Washington, DC
20590.
• Hand Delivery: To the Docket
Management System; Room W12–140
on the ground floor of the West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Instructions: All submissions must
include the agency name and Docket
SUMMARY:
PO 00000
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Number (PHMSA–2018–0025) or RIN
(2137–AF40) for this rulemaking at the
beginning of the comment. To avoid
duplication, please use only one of
these four methods. All comments
received will be posted without change
to the Federal Docket Management
System (FDMS) and will include any
personal information you provide. If
sent by mail, comments must be
submitted in duplicate. Persons wishing
to receive confirmation of receipt of
their comments must include a selfaddressed stamped postcard.
Docket: For access to the dockets to
read background documents or
comments received, go to https://
www.regulations.gov or DOT’s Docket
Operations Office (see ADDRESSES).
Confidential Business Information:
Confidential Business Information (CBI)
is commercial or financial information
that is both customarily and actually
treated as private by its owner. Under
the Freedom of Information Act (FOIA)
(5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments
responsive to this notice contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this
notice, it is important that you clearly
designate the submitted comments as
CBI. Pursuant to 49 CFR 105.30, you
may ask PHMSA to give confidential
treatment to information you give to the
agency by taking the following steps: (1)
Mark each page of the original
document submission containing CBI as
‘‘Confidential’’; (2) send PHMSA, along
with the original document, a second
copy of the original document with the
CBI deleted; and (3) explain why the
information you are submitting is CBI.
Unless you are notified otherwise,
PHMSA will treat such marked
submissions as confidential under the
FOIA, and they will not be placed in the
public docket of this notice.
Submissions containing CBI should be
sent to Michael Ciccarone, Office of
Hazardous Materials Safety, Standards
and Rulemaking Division, Pipeline and
Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey Ave.
SE, Washington, DC 20590–0001. Any
commentary that PHMSA receives
which is not specifically designated as
CBI will be placed in the LNG by Rail
Notice of Proposed Rulemaking Docket
(Docket No. PHMSA–2018–0025).
FOR FURTHER INFORMATION CONTACT:
Donald Burger, Approvals and Permits
(PHH–30), Telephone (202) 366–4535,
or Michael Ciccarone, Standards and
Rulemaking Division (PHH–10),
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]]>Agencies
[Federal Register Volume 84, Number 238 (Wednesday, December 11, 2019)]
[Notices]
[Pages 67766-67768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26685]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2019-0029; NHTSA-2019-0030; Notice 2]
Mack Trucks, Inc., and Volvo Trucks North America, Grant of
Petitions for Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petitions.
-----------------------------------------------------------------------
SUMMARY: Mack Trucks Inc., (Mack) and Volvo Trucks North America
(Volvo) have determined that certain model year (MY) 2014-2019 Mack
Trucks and certain MY 2014-2019 Volvo Trucks do not comply with Federal
Motor Vehicle Safety Standard (FMVSS) 101, Controls and Displays. Both
Mack and Volvo filed noncompliance reports dated August 16, 2018, and
later amended them on August 23, 2018, and June 2, 2019. Both Mack and
Volvo subsequently petitioned NHTSA on October 9, 2018, and later
amended their respective petitions on May 29, 2019, for a decision that
the subject noncompliance is inconsequential as it relates to motor
vehicle safety. This notice announces grant of both Mack and Volvo's
petitions.
FOR FURTHER INFORMATION CONTACT: John Finneran, Office of Vehicle
Safety Compliance, NHTSA, telephone (202) 366-5289, facsimile (202)
366-3081.
SUPPLEMENTARY INFORMATION:
I. Overview
Mack and Volvo have determined that certain MY 2014-2019 Mack
Trucks and that certain MY 2014-2019 Volvo Trucks do not comply with
Table 2 of FMVSS 101, Controls and Displays (49 CFR 571.101). Both Mack
and Volvo filed noncompliance reports dated August 16, 2018, and later
amended
[[Page 67767]]
them on August 23, 2018, and June 2, 2019, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports. Both Mack and
Volvo subsequently petitioned NHTSA on October 9, 2018, and later
amended their petitions on May 29, 2019, 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, Exemption for Inconsequential Defect or Noncompliance.
Notice of receipt of Mack's and Volvo's petitions was published
with a 30-day public comment period on August 21, 2019, in the Federal
Register (84 FR 43663). No comments were received.
II. Vehicles Involved
Approximately 95,000 MY 2014-2019 Mack Anthem, Granite, LR,
Pinnacle, TerraPro, and Titan Trucks, manufactured between September 1,
2013, and August 13, 2018, are potentially involved.
Approximately 130,000 MY 2014-2019 Volvo VAH, VHD, VNL, VNM, VNR
VNX, and VT Trucks, manufactured between September 1, 2013, and August
13, 2018, are potentially involved.
III. Noncompliance
Mack and Volvo explained that the noncompliance is that the Low
Brake Air Pressure telltale for air brake systems does not display the
words ``Brake Air,'' as specified in Table 2 of FMVSS No. 101. The
subject Mack vehicles include various combinations of low air
telltales, pressure gauges, and available alerts, and the subject Volvo
vehicles include both visual and audible warnings that are not an exact
match to the ``Brake Air'' telltale requirement.
IV. Rule Requirements
Paragraphs S5 and S5.2.1 of FMVSS No. 101 include the requirements
relevant to these petitions. 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 Petition
Mack and Volvo both described the subject noncompliance and stated
its belief that the noncompliance is inconsequential as it relates to
motor vehicle safety.
Mack and Volvo submitted the following views and arguments in
support of the petitions:
1. Both Mack and Volvo provide a visual and audible alarm along
with air pressure gauges and feel that their vehicles, even though non-
compliant, meet the intent of the regulation to provide a clear and
visible warning to the driver when the air pressure in the service
reservoir system is below 60 psi.
2. For Mack Granite, Pinnacle, and Titan model vehicles that are
2018 and earlier, the display includes two gauges and a red low air
pressure indicator lamp for each gauge. When a low air pressure
situation occurs, the driver is warned through the gauge, a red
indicator lamp in each gauge, and an audible warning.
3. For Mack LR model vehicles, two pressure gauges, a low air
telltale, a popup in the display, and an audible alarm are provided.
4. For Mack TerraPro model vehicles, pressure gauges, a low air
telltale, and an audible alarm are provided.
5. In 2019 and later Anthem, Pinnacle, and Granite model vehicles,
pressure gauges, a low air pressure pop-up (System Air Pressure is
Low), and an audible alarm are provided.
6. For Volvo, 2014-2019 models, the display includes two gauges and
a red low air pressure indicator lamp for each gauge. When a low air
pressure situation occurs, the driver is warned through the gauge, a
red indicator lamp in each gauge, and an audible warning. On all models
and model years, a pop-up (Low System Air Pressure) is provided in
addition to the gauges, a low-pressure indicator, and an audible alarm.
Both Mack and Volvo concluded by expressing the belief that the
subject noncompliance is inconsequential as it relates to motor vehicle
safety, and that 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, should
be granted.
VI. NHTSA's Consideration
Any manufacturer that determines a noncompliance to exist and
intends to petition the agency, pursuant to 49 CFR part 556.4(c), must
submit their petition no later than 30 days after such determination.
Both Mack and Volvo submitted their petitions 25 days past the 30-day
requirement. However, due to the nature of the noncompliance and
considering that the agency has previously granted similar
inconsequential noncompliance petitions, in this case, the agency has
decided to accept both Mack and Volvo's petitions.
VII. NHTSA's Analysis
NHTSA has considered the arguments presented by Mack and Volvo 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 for the reasons discussed below:
1. When a low air pressure situation exists, each vehicle has a low
system air pressure indicator illuminated in red with a black
background. There are no requirements in FMVSS No. 101 for the color of
the telltale but the petitioner'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 the illumination of the low system air pressure
indicators 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 other
indicators.
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 with red shading
denoting the low-pressure range.
4. The Agency believes that the functionality of the parking brake
system and the braking performance of the service brake system remain
unaffected by the use of multiple different indicators and audible
alerts 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. Also, professional drivers will become familiar with the
meaning of the telltales and other warnings and the feedback provided
to the driver in these vehicles, if a low brake pressure condition
exists, would be well understood.
[[Page 67768]]
NHTSA concludes that simultaneous activation of the red low air
pressure indicators, an audible alert for a low air pressure condition,
along with the primary and secondary air gauge indicators, provide
adequate notification to the operator that a brake malfunction exists.
VIII. NHTSA's Decision
In consideration of the foregoing, NHTSA finds that Mack and Volvo
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, Mack and Volvo'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 vehicle that Mack and Volvo 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 Mack
and Volvo 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. 2019-26685 Filed 12-10-19; 8:45 am]
BILLING CODE 4910-59-P
