Volvo Group North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 34115-34116 [2021-13462]
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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2021–0028; Notice 1]
Volvo Group North America, LLC,
Receipt of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
Volvo Group North America,
LLC (‘‘Volvo’’), has determined that
certain Model Year (MY) 2015–2021
Volvo VHA, VHD, VNL, VNM, and VNR
class 8 trucks and truck-tractors do not
fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No.
101, Controls and Displays. Volvo filed
a noncompliance report dated March 5,
2021. Subsequently, Volvo petitioned
NHTSA on March 26, 2021, for a
decision that the subject noncompliance
is inconsequential as it relates to motor
vehicle safety. This notice announces
receipt of Volvo’s petition.
DATES: Send comments on or before July
28, 2021.
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 the 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 the 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 for 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
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17:39 Jun 25, 2021
Jkt 253001
form, please ensure that two copies are
provided. If you wish to receive
confirmation that the 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
docket. 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).
FOR FURTHER INFORMATION CONTACT: Neil
Dold, General Engineer, NHTSA, Office
of Vehicle Safety Compliance, 202–366–
7352, neil.dold@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Overview
Volvo has determined that certain
Volvo VHA, VHD, VNL, VNM, and VNR
class 8 trucks and truck-tractors, do not
fully comply with the requirements of
paragraph S5.2.8 of FMVSS No. 101,
Controls and Displays (49 CFR 571.101).
Volvo filed a noncompliance report
dated March 5, 2021, pursuant to 49
CFR part 573, Defect and
Noncompliance Responsibility and
Reports. Volvo subsequently petitioned
NHTSA on March 26, 2021, 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. Following submission
of the petition, Volvo supplemented the
petition on May 11, 2021.
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Fmt 4703
Sfmt 4703
34115
This notice of receipt of Volvo’s
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. Trucks and Truck-Tractors Involved
Approximately 72,239 Volvo VAH,
VHD, VNL, VNM, and VNR class 8
trucks and truck-tractors manufactured
between December 16, 2014, and
December 21, 2020, are potentially
involved.
III. Noncompliance
Volvo explains that the
noncompliance is that the subject
vehicles are equipped with a steeringwheel-mounted automatic vehicle speed
system control switch (cruise control)
that is not properly identified and,
therefore, does not comply with
paragraph S5.2.8 of FMVSS No. 101.
IV. Rule Requirements
Paragraph S5.2.8 of FMVSS No. 101
includes the requirements relevant to
this petition. Each control for an
automatic vehicle speed system (cruise
control) and each control for heating
and air conditioning systems must have
identification provided for each
function of each such system.
V. Summary of Volvo’s Petition
The following views and arguments
presented in this section, ‘‘V. Summary
of Volvo’s Petition,’’ are the views and
arguments provided by Volvo. They
have not been evaluated by the Agency
and do not reflect the views of the
Agency. Volvo describes the subject
noncompliance and contends that the
noncompliance is inconsequential as it
relates to motor vehicle safety.
In support of its petition, Volvo
submitted the following reasoning:
1. The cruise on and off button is just
to the right of the switch in question.
Considering the proximity of the switch
to the cruise control on-and-off and
cancel-and-resume buttons, the switch’s
function is self-explanatory.
2. This type of switch is commonly
used for this function.
3. The function of the switch is
explained in the operator’s manual.
4. There are no warranty claims,
consumer complaints, field reports,
property damage or death and injury
notices associated with the subject
noncompliance.
Volvo concludes 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
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34116
Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices
U.S.C. 30118, and a remedy for the
noncompliance, as required by 49
U.S.C. 30120, should be granted.
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 trucks and truck-tractors that
Volvo no longer controlled at the time
it determined that the noncompliance
existed. However, any decision on this
petition does not relieve equipment
distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant trucks and trucktractors under their control after 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. 2021–13462 Filed 6–25–21; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Privacy Act of 1974; System of
Records
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of a new system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Transportation (DOT) proposes a new
system of records titled ‘‘Entry-Level
Driver Training Provider Registry’’
(TPR). This system of records will allow
DOT to collect and maintain registered
training provider information and entrylevel driver training certification
information. The information in the
system will be used to establish training
provider accounts, act as a central
repository for entry level-driver training
(ELDT) certification information and
transmit that information to State Driver
Licensing Agencies (SDLAs).
DATES: Comments on the system will be
accepted on or before 30 days from the
date of publication of this notice. The
system will be effective 30 days after
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SUMMARY:
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17:39 Jun 25, 2021
Jkt 253001
publication of this notice. Routine uses
will be effective at that time.
ADDRESSES: You may submit comments,
identified by docket number OST–
2021–0037 by one of the following
methods:
Federal e-Rulemaking Portal: https://
www.regulations.gov.
Mail: Karyn Gorman, Acting
Departmental Chief Privacy Officer,
Department of Transportation,
Washington, DC 20590.
All submissions received must
include the agency name and docket
number OST–2021–0037. All comments
received will be posted without change
to https://www.regulations.gov and may
include any personal information
provided.’’
Docket: For access to the docket to
read background documents or
comments received, to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general and privacy questions, please
contact: Karyn Gorman, Acting
Departmental Chief Privacy Officer,
Department of Transportation, S–81,
Washington, DC 20590, Email: privacy@
dot.gov, Tel. (202) 366–3140.
SUPPLEMENTARY INFORMATION:
Background
In accordance with the Privacy Act of
1974, the Department of Transportation
is proposing a new system of records
titled ‘‘Department of Transportation
(DOT)/Federal Motor Carrier Safety
Administration (FMCSA)—012, EntryLevel Driver Training Provider Registry’’
(TPR). This system will collect
information related to registered
training providers and entry level-driver
training (ELDT) certification
information pertaining to individual
applicants for commercial driver’s
licenses (CDLs) or certain endorsements.
The Moving Ahead for Progress in the
21st Century Act (MAP–21) requires
DOT to regulate ELDT (Pub. L. 112–141,
section 32304, 126 Stat. 405, 791 (July
6, 2012)). MAP–21 modified 49 U.C
31305 by adding paragraph (c), which
required FMCSA to issue ELDT
regulations addressing the knowledge
and skills that an individual must
acquire before obtaining a CDL or
specified endorsement for the first time.
MAP–21 also required training
providers to demonstrate, by providing
certification information, that the
individual meets the ELDT
requirements. Section 32304(a) allows
the Secretary to establish the process by
which a training provider must provide
certification information. These ELDT
regulations are currently located in 49
CFR part 380. The TPR is the tool that
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Frm 00150
Fmt 4703
Sfmt 4703
training providers and SDLAs will use
to meet the ELDT requirements.
Training providers, as defined in 49
CFR 380.605, wishing to provide ELDT
must be listed on the TPR. Training
providers include, but are not limited
to, training schools, educational
institutions, rural electric cooperatives,
motor carriers, State/local governments,
school districts, joint labor management
programs, owner-operators, and
individuals. To be listed on the TPR, a
training provider must certify that it
meets the applicable eligibility
requirements listed in 49 CFR
380.703(a), including completion of
FMCSA’s registration process.
Registration is accomplished by
accessing FMCSA’s TPR website and
electronically transmitting a completed
Training Provider Registration Form
(TPRF) affirming, under penalties of
perjury, that the provider will teach the
FMCSA-prescribed curriculum that is
appropriate for the CDL class or
endorsement. When a provider meets
the applicable requirements, FMCSA
will issue the provider a unique TPR
number and, as applicable, add the
provider’s information to the TPR
website. The information maintained in
the system of records on training
providers, some of whom are
individuals, includes, but is not limited
to, the training entity’s legal name,
location, phone number, website
address, and the type of ELDT offered.
Except as noted below, this information
will be located on the publicly available
portion of the TPR website, which will
allow driver-trainees to locate and
contact registered training providers. In
addition, FMCSA may use the training
providers’ contact information to
communicate with them regarding their
registration information on the TPR, or
to initiate an audit or investigation of
the training provider pursuant to 49
CFR 380.703(a)(6) and 380.719(a)(5).
FMCSA acknowledges that some
training providers, including those who
provide ELDT only for their own
employees or prospective employees,
may wish to keep their contact
information private and therefore not
have it publicly displayed on the TPR
website. Accordingly, training providers
who do not intend to make their
services available to all driver-trainee
applicants can elect not to include their
contact information in the public listing
that appears on the TPR website;
however, these training providers will
be publicly identified by name, city, and
State. This option will be made
available at the time of initial
registration and can be changed anytime
the provider so chooses.
E:\FR\FM\28JNN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 34115-34116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13462]
[[Page 34115]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0028; Notice 1]
Volvo Group North America, LLC, Receipt of Petition for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
-----------------------------------------------------------------------
SUMMARY: Volvo Group North America, LLC (``Volvo''), has determined
that certain Model Year (MY) 2015-2021 Volvo VHA, VHD, VNL, VNM, and
VNR class 8 trucks and truck-tractors do not fully comply with Federal
Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays.
Volvo filed a noncompliance report dated March 5, 2021. Subsequently,
Volvo petitioned NHTSA on March 26, 2021, for a decision that the
subject noncompliance is inconsequential as it relates to motor vehicle
safety. This notice announces receipt of Volvo's petition.
DATES: Send comments on or before July 28, 2021.
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 the 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 the 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 for 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 the 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 docket. 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).
FOR FURTHER INFORMATION CONTACT: Neil Dold, General Engineer, NHTSA,
Office of Vehicle Safety Compliance, 202-366-7352, [email protected].
SUPPLEMENTARY INFORMATION:
I. Overview
Volvo has determined that certain Volvo VHA, VHD, VNL, VNM, and VNR
class 8 trucks and truck-tractors, do not fully comply with the
requirements of paragraph S5.2.8 of FMVSS No. 101, Controls and
Displays (49 CFR 571.101). Volvo filed a noncompliance report dated
March 5, 2021, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Volvo subsequently petitioned NHTSA on
March 26, 2021, 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. Following
submission of the petition, Volvo supplemented the petition on May 11,
2021.
This notice of receipt of Volvo's 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. Trucks and Truck-Tractors Involved
Approximately 72,239 Volvo VAH, VHD, VNL, VNM, and VNR class 8
trucks and truck-tractors manufactured between December 16, 2014, and
December 21, 2020, are potentially involved.
III. Noncompliance
Volvo explains that the noncompliance is that the subject vehicles
are equipped with a steering-wheel-mounted automatic vehicle speed
system control switch (cruise control) that is not properly identified
and, therefore, does not comply with paragraph S5.2.8 of FMVSS No. 101.
IV. Rule Requirements
Paragraph S5.2.8 of FMVSS No. 101 includes the requirements
relevant to this petition. Each control for an automatic vehicle speed
system (cruise control) and each control for heating and air
conditioning systems must have identification provided for each
function of each such system.
V. Summary of Volvo's Petition
The following views and arguments presented in this section, ``V.
Summary of Volvo's Petition,'' are the views and arguments provided by
Volvo. They have not been evaluated by the Agency and do not reflect
the views of the Agency. Volvo describes the subject noncompliance and
contends that the noncompliance is inconsequential as it relates to
motor vehicle safety.
In support of its petition, Volvo submitted the following
reasoning:
1. The cruise on and off button is just to the right of the switch
in question. Considering the proximity of the switch to the cruise
control on-and-off and cancel-and-resume buttons, the switch's function
is self-explanatory.
2. This type of switch is commonly used for this function.
3. The function of the switch is explained in the operator's
manual.
4. There are no warranty claims, consumer complaints, field
reports, property damage or death and injury notices associated with
the subject noncompliance.
Volvo concludes 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
[[Page 34116]]
U.S.C. 30118, and a remedy for the noncompliance, as required by 49
U.S.C. 30120, should be granted.
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 trucks and truck-tractors
that Volvo no longer controlled at the time it determined that the
noncompliance existed. However, any decision on this petition does not
relieve equipment distributors and dealers of the prohibitions on the
sale, offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant trucks and truck-tractors under
their control after 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. 2021-13462 Filed 6-25-21; 8:45 am]
BILLING CODE 4910-59-P
