Mack Trucks Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
| Published date | 18 September 2020 |
| Citation | 85 FR 58423 |
| Record Number | 2020-20660 |
| Section | Notices |
| Court | National Highway Traffic Safety Administration |
Federal Register, Volume 85 Issue 182 (Friday, September 18, 2020)
[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Notices]
[Pages 58423-58425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20660]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0033; Notice 1]
Mack Trucks Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
[[Page 58424]]
ACTION: Receipt of petition.
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SUMMARY: Mack Trucks Inc. (Mack Trucks) has determined that certain
model year (MY) 2016 2020 Mack heavy duty motor vehicles do not fully
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101,
Controls and Displays. Mack Trucks filed a noncompliance report dated
October 9, 2019, and later amended the report on May 29, 2020. Mack
Trucks subsequently petitioned NHTSA for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
on November 2, 2019, and later amended this petition on May 29, 2020,
and July 9, 2020. This notice announces receipt of Mack Trucks'
petition as amended.
DATES: Send comments on or before October 19, 2020.
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 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).
SUPPLEMENTARY INFORMATION:
I. Overview: Mack Trucks determined that certain MY 2016 2020 Mack
heavy duty motor vehicles do not fully comply with the requirements of
paragraph S5.2.1 of FMVSS No. 101, Controls and Displays (49 CFR
571.101). Mack Trucks filed a noncompliance report dated October 9,
2019, and later amended the report on May 29, 2020, pursuant to 49 CFR
part 573, Defect and Noncompliance Responsibility and Reports. Mack
Trucks subsequently petitioned NHTSA on November 2, 2019, and later
amended the petition on May 29, 2020, and July 9, 2020, 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.
This notice of receipt of Mack Trucks' 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. Vehicles Involved: Approximately 47,742 MY 2019-2020 Anthem,
Pinnacle, and Granite model vehicles and MY 2016-2020 LR model vehicles
manufactured between July 12, 2015, and October 3, 2019, are
potentially involved.
III. Noncompliance: Mack Trucks explains that the noncompliance is
that the subject vehicles are equipped with certain controls that are
not properly labeled with the appropriate symbols or words as required
by paragraph S5.2.1, Table 1 of FMVSS No. 101. Specifically, in the
Anthem, Pinnacle, Granite, and LR vehicles there is no identifier for
the heating and air conditioning fan control and the incorrect
identifier was used for the position side marker control. In the LR
vehicles the master lighting switch control is not identified with the
required symbol.
IV. Rule Requirements: Paragraph S5.2.1 of FMVSS No. 101 includes
the requirements relevant to this petition. Except for the Low Tire
Pressure Telltale, 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 Mack Trucks' Petition: The following views and
arguments presented in this section, V. Summary of Mack Trucks'
Petition, are the views and arguments provided by Mack Trucks. They
have not been evaluated by the Agency and do not reflect the views of
the Agency. Mack Trucks described the subject noncompliance and stated
their belief that the noncompliance is inconsequential as it relates to
motor vehicle safety.
In support of its petition, Mack Trucks submitted the following
reasoning:
1. For the heating and air conditioning fan control, the
requirement specified that the control must be labeled with the fan
symbol or the word ``fan.'' The required symbol or the word ``fan'' is
not on the control. The rotary control has numbers 0 to 4 and is
located on the HVAC panel; therefore, it is obvious to the driver that
the control is for the fan speed. The owner's manual shows the control
and informs that the control is the fan speed. Operation of the
vehicles requires a Commercial Driver's License (CDL); therefore, the
driver will be a licensed professional driver.
2. For the position side marker, end-outline marker, or
identification or clearance lamps control, the control must be labeled
with the required symbol or the words ``Marker Lamps'' or ``MK Lps.''
The control uses a different symbol to identify the marker. The rotary
control has a symbol that indicates that the position is for the
parking lights. The position in the sequence makes it discernible to
the driver. The owner's manual shows the control and informs that the
pictured symbol is for the marker lamps. Operation of the vehicle
requires a CDL;
[[Page 58425]]
therefore, the driver will be a licensed professional.
3. For the Master Lighting Control, the control must be labeled
with the identified symbol or the word ``lights.'' The control is not
identified with the symbol or the word. The control is a three-position
toggle switch and includes the low beam headlight symbol and the
parking light symbol and, therefore, is discernible to the driver. The
owner's manual includes information on the control and its purpose.
Operation of the vehicles requires a CDL; therefore, the driver will be
a licensed professional driver.
4. Mack Trucks views these noncompliances as inconsequential to the
safe operation of the vehicle. Mack Trucks states that there are no
customer complaints, field reports, warranty claims, or accidents
associated with these noncompliances.
5. Class 7 & 8 vehicles require that the driver have CDL to operate
the vehicle.
Mack Trucks concluded by expressing its belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
and that its petition 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.
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 vehicles that Mack Trucks no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on 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
Trucks 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. 2020-20660 Filed 9-17-20; 8:45 am]
BILLING CODE 4910-59-P
