[Federal Register Volume 69, Number 128 (Tuesday, July 6, 2004)]
[Notices]
[Page 40717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15161]



[[Page 40717]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-17437; Notice 2]


PACCAR, Inc., Grant 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.'' Pursuant to 49 U.S.C. 30118(d) and 30120(h), 
PACCAR has petitioned for a determination that this noncompliance is 
inconsequential to motor vehicle safety and has filed an appropriate 
report pursuant to 49 CFR part 573, ``Defect and Noncompliance 
Reports.'' Notice of receipt of the petition was published with a 30 
day comment period on April 20, 2004, in the Federal Register (69 FR 
21189). NHTSA received no comments.
    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 vehicles(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 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. In addition, 
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. PACCAR also states that the foundation brakes on the 
trailer are not impacted.
    The agency agrees with PACCAR that this noncompliance will not have 
an adverse effect on vehicle safety. For the in-cab warning lamp 
malfunction to occur, first the fluorescent light in the sleeper must 
be on while the vehicle is being driven, which is not likely to occur 
often, and second, even when this occurs, there must be also be a high 
EMI from the cab-sleeper fluorescent lights combined with a normal to 
marginal trailer signal. Even in these cases, the ABS malfunction 
indicator lamp on the exterior of the trailer will continue to function 
and is visible from the driver side mirror. In addition, the foundation 
brakes on the trailer are not affected. Paccar has fixed the problem.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
PACCAR's petition is granted and the petitioner is exempted from the 
obligation of providing notification of and a remedy for the 
noncompliance.

    Authority: 49 U.S.C. 30118, 30120; delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: June 28, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-15161 Filed 7-2-04; 8:45 am]
BILLING CODE 4910-59-P