[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Notices]
[Page 21189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8930]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-17437; Notice 1]


PACCAR, Inc., Receipt of Petition for Decision of Inconsequential 
Noncompliance

    PACCAR, Inc. (PACCAR), has determined that the trailer antilock 
brake system (ABS) warning lights on certain vehicles that were 
produced by Peterbilt Motors Company (Peterbilt), a division of PACCAR, 
from April 3, 2003 to November 28, 2003 do not comply with S5.1.6.2(b) 
of Federal Motor Vehicle Safety Standard (FMVSS) No. 121, ``Air brake 
systems.'' PACCAR has filed an appropriate report pursuant to 49 CFR 
Part 573, ``Defect and Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), PACCAR has petitioned 
for an exemption from the notification and remedy requirements of 49 
U.S.C. Chapter 301 on the basis that this noncompliance is 
inconsequential to motor vehicle safety.
    This notice of receipt of PACCAR'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.
    Approximately 4009 Peterbilt models 378, 379, 385, and 387 are 
affected. S5.1.6.2(b) of FMVSS No. 121 requires that ``Each * * * truck 
tractor * * * shall * * * be equipped with an indicator lamp * * * 
which is activated whenever the [antilock brake system] malfunction 
signal circuit * * * receives a signal indicating an ABS malfunction on 
one or more towed vehicle(s).''
    The affected vehicles have two types of fluorescent lights 
installed in the cab sleeper. These lights create an electromagnetic 
interference (EMI) with the trailer ABS malfunction signal manufactured 
by Power Line Carrier (PLC). The fluorescent lights, when on, can 
interfere with the proper operation of the PLC signal, preventing the 
telltale from functioning. The PLC signal and the telltale operate 
correctly when the fluorescent light in the sleeper is off.
    PACCAR believes that the noncompliance is inconsequential to motor 
vehicle safety, and that no corrective action is warranted. PACCAR 
states that the in-cab trailer ABS malfunction warning lamp is 
redundant to the existing trailer ABS malfunction indicator lamp 
located on the exterior of the trailer and visible from the driver side 
mirror. PACCAR explains, ``Prior to the in-cab warning lamp, the 
trailer mounted indicator was the only warning available to drivers. 
The indicator on the exterior of the trailer is not affected by this 
defect and would continue to warn the driver in the event of a trailer 
ABS malfunction. All trailers are required to be equipped with an 
external antilock malfunction indicator lamp through March 1, 2009.''
    PACCAR states that the in-cab warning lamp will not function only 
if the fluorescent light in the sleeper is on. PACCAR asserts that this 
is not likely to occur while the vehicle is being driven and if so, it 
would be a small percentage of the time.
    PACCAR explains that not all suspect vehicles will exhibit the 
behavior, because due to manufacturing variances, some fluorescent 
lights emit more EMI than others. PACCAR states that the PLC signal 
strength from the trailer is also a factor. PACCAR explains that the 
telltale will operate normally in most cases with a strong trailer PLC 
signal and only marginal EMI; however the telltale will not operate 
with a normal to marginal trailer PLC signal and high EMI.
    PACCAR also states that the foundation brakes on the trailer are 
not impacted.
    Interested persons are invited to submit written data, views, and 
arguments on the petition described above. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods. Mail: Docket Management 
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC, 20590-0001. Hand 
Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 
Seventh Street, SW., Washington, DC. It is requested, but not required, 
that two copies of the comments be provided. The Docket Section is open 
on weekdays from 10 am to 5 pm except Federal Holidays. Comments may be 
submitted electronically by logging onto the Docket Management System 
Web site at http://dms.dot.gov. Click on ``Help'' to obtain 
instructions for filing the document electronically. Comments may be 
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking 
Portal: go to http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: May 20, 2004.
(Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 
1.50 and 501.8).

    Issued on: April 14, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-8930 Filed 4-19-04; 8:45 am]
BILLING CODE 4910-59-P