Autocar Industries, LLC and Hino Motors Sales U.S.A., Inc., Grant of Petitions for Decision of Inconsequential Noncompliance
| Published date | 25 March 2019 |
| Citation | 84 FR 11162 |
| Record Number | 2019-05600 |
| Section | Notices |
| Court | National Highway Traffic Safety Administration |
Federal Register, Volume 84 Issue 57 (Monday, March 25, 2019)
[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.
[[Page 11163]]
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
