Volvo Group North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 34115-34116 [2021-13462]

Download as PDF 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 khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 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. PO 00000 Frm 00149 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 E:\FR\FM\28JNN1.SGM 28JNN1 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 khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 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 PO 00000 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 28JNN1

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]]

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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
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