[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 17084-17087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06956]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0103; Notice 2]


Daimler Trucks North America, Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: Daimler Trucks North America (DTNA), has determined that 
certain model year (MY) 2016-2017 Freightliner and Western Star trucks 
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) 
No. 101, Controls and Displays. DTNA filed a noncompliance report dated 
September 22, 2016, Defect and Noncompliance Responsibility and 
Reports. DTNA also petitioned NHTSA on September 22, 2016, for a 
decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety.

ADDRESSES: For further information on this decision contact Stu Seigel, 
Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5287, facsimile 
(202) 366-3081.

SUPPLEMENTARY INFORMATION: 

I. Overview

    Daimler Trucks North America (DTNA), has determined that certain 
model year (MY) 2016-2017 Freightliner and Western Star trucks do not 
fully comply with Table 2 of Federal Motor Vehicle Safety Standard 
(FMVSS) No. 101, Controls and Displays. DTNA filed a noncompliance 
report dated September 22, 2016, pursuant to 49 CFR part 573, Defect 
and Noncompliance Responsibility and Reports. DTNA also petitioned 
NHTSA on September 22, 2016, pursuant to 49 U.S.C. 30118(d) and 
30120(h), 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 the petition was published with a 30-day 
public comment period, on November 7, 2016, in the Federal Register (81 
FR 78259). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: https://www.regulations.gov/. Then follow the 
online search instructions to locate docket number ``NHTSA-2016-0103.''

II. Vehicles Involved

    Affected are approximately 36,959 MY 2016-2017 versions of the 
following trucks, manufactured between September 28, 2015 and July 30, 
2016:

 Freightliner Cascadia
 Freightliner 122SD
 Freightliner Coronado
 Western Star 5700

III. Noncompliance

    DTNA explains that the noncompliance is that the Low Brake Air 
Pressure telltale for air brake systems displays the word ``BRAKE'' and 
a red International Standards Organization (ISO) symbol for brake 
malfunction when a low air brake pressure condition exists, rather than 
the words ``BRAKE AIR,'' as specified in Table 2 of FMVSS No. 101. DTNA 
states that the telltale is accompanied by an audible alert and low 
pressure gauge reading.

IV. Rule Text

    Paragraph S5 of FMVSS No. 101 provides: ``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 this standard for the location, 
identification, color, and illumination of that control, telltale or 
indicator.''
    Paragraph S5.2.1 of FMVSS No. 101 provides, in pertinent part: ``. 
. . each control, telltale and indicator that is listed in column 1 and 
2 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.''
    Table 2 appears as follows:
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[GRAPHIC] [TIFF OMITTED] TN07AP17.001

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V. Summary of DTNA's Petition

    DTNA described the subject noncompliance and stated its belief that 
the noncompliance is inconsequential as it relates to motor vehicle 
safety.
    In support of its petition, DTNA submitted the following reasoning:
    1. DTNA notes 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 word 
``BRAKE'' instead of ``BRAKE AIR,'' together with the audible alert 
that occurs in the subject vehicles would still alert the driver to an 
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. NHTSA stated in a 2005 FMVSS No. 101 rulemaking that the reason 
for including vehicles over 10,000 pounds in the requirements of FMVSS 
No. 101 is that there is a need for drivers of heavier vehicles to see 
and identify their displays, just as there is for drivers of lighter 
vehicles. See 70 FR 48295, 48298 (Aug. 17, 2005). The telltale in the 
subject vehicles saying ``BRAKE'' would allow the driver to see and 
identify the improper functioning system as was the intent of the rule, 
thus serving the purpose of the FMVSS No. 101 requirement.
    3. There are two scenarios when a low brake air pressure condition 
would exist: A parked vehicle and a moving vehicle. Each of these are 
discussed separately below; in each scenario, there is ample warning 
provided to the driver of low brake air pressure.
a. Parked Vehicle
    The driver of an air-braked vehicle must ensure that the vehicle 
has enough brake air pressure to operate safely. At startup, the 
vehicle will likely be in a low air condition. When in a low air 
condition the following warnings would occur, conditioning the driver 
over time as to the purpose of the telltale and audible alerts and 
under what conditions they are activated.

 Red contrasting color of the telltale saying ``BRAKE''
 Red contrasting color of the ISO symbol for brake malfunction
 Audible alert to the driver as long as the vehicle has low air

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 Air gauges for the primary and secondary air tanks clearly 
showing the air pressure in the system
 Red contrasting color on the air gauges indicating when the 
pressure is low
 Difficulty/inability of releasing the parking brakes with low 
air
 Reduced drivability if the driver attempts to drive with the 
parking brakes applied
b. Moving Vehicle
    If a low brake air pressure situation occurs while driving, the 
function of the service brakes may be reduced or lost and, eventually 
if the pressure gets low enough, the parking brakes will engage. The 
driver must pull to the side of the road and apply the parking brakes 
as soon as possible. A loss of brake air pressure while driving 
represents a malfunctioning brake system and requires immediate action 
from the driver. Drivers recognize that a telltale illuminated in red 
represents a malfunction which needs to be remedied.
    The following warning would occur if a low air condition occurred 
while driving.

 Red contrasting color of the telltale saying ``BRAKE''
 Red contrasting color of the ISO symbol for brake malfunction
 Audible alert to the driver as long as the vehicle has low air
 Air gauges for the primary and secondary air tanks clearly 
showing the air pressure in the system
 Red contrasting color on the air gauges indicating when the 
pressure is low

    The functionality of both the parking brake system and the service 
brake system remains unaffected by the ``BRAKE'' telltale used in the 
subject vehicles.
    4. NHTSA Precedents--DTNA notes that NHTSA has previously granted 
petitions for decisions of inconsequential noncompliance for similar 
brake telltale issues, in which the ISO symbol in combination with 
other available warnings was deemed sufficient to provide the necessary 
driver warning. See Docket No. NHTSA-2012-0004, 78 FR 69931 (November 
21, 2013) (grant of petition for Ford Motor Company) and Docket No. 
NHTSA-2014-0046, 79 FR 78559 (December 30, 2014 (grant of petition for 
Chrysler Group, LLC). In both of these instances, the vehicles at issue 
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 warning. DTNA respectfully suggests that the same is true for 
the subject vehicles: the ISO symbol, together with other warnings and 
alerts, are fully sufficient to warn the driver of a low brake air 
pressure situation.
    DTNA concluded by expressing the belief 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 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.

NHTSA's Decision

    NHTSA's Analysis: NHTSA has reviewed DTNA's analyses that the 
subject noncompliance is inconsequential to motor vehicle safety. 
Specifically, the telltale marking for low brake air pressure says 
``Brake'' instead of ``Brake Air'' as required in table 2 of FMVSS No. 
101 and FMVSS No. 121. We believe that this incomplete labeling poses 
no risk to motor vehicle safety because multiple sources of 
information, as discussed below, are simultaneously activated to 
properly warn the driver of the condition.
    1. When a low air pressure situation exists, for both a parked or 
moving vehicle, the ``Brake'' telltale will activate in red letters 
with a black background. There are no requirements in FMVSS No. 101 or 
121 for the color of the telltale, but DTNA's use of red, which is an 
accepted color representing an urgent condition, provides a definitive 
indication of a situation that needs attention.
    2. The ``Brake'' telltale illumination is accompanied by activation 
of the International Standards Organization (ISO) symbol for brake 
malfunction. This ISO symbol is readily understood as it has been used 
on U.S.-certified vehicles for many years in conjunction with the 
required text. The ISO symbol is also red on a black background 
depicting an urgent warning. Both the ``Brake'' telltale and ISO symbol 
are in clear view of the driver and when activated will alert the 
driver of a brake system malfunction, including a low air pressure 
condition.
    3. Simultaneous to both ``Brake'' telltale and ISO symbol 
illumination, 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 instinctively react to the warning tone and review the 
information available noting telltales activated in the instrument 
cluster (i.e. ``Brake'' and ISO symbol).
    4. In a low pressure situation, the operator is provided additional 
feedback by the primary and secondary instrument cluster air gauges 
which have PSI marked numerical values along with red delineated 
sections where the needle pointer would be positioned for a low 
pressure condition.
    5. NHTSA agrees with DTNA that for a vehicle that is parked, if a 
low air condition were present, along with the operator feedback 
indicators described above, there would be difficulty or an inability 
to release the parking brake and/or reduced drivability, as sufficient 
air in the system is required to release the parking brake.
    6. Further, NHTSA agrees with DTNA's statement that the 
functionality of both the parking brake system and the service brake 
system remains unaffected by the ``Brake'' telltale used in the subject 
vehicles.
    NHTSA believes that the combination of the red contrasting color of 
the ``Brake'' telltale and the ISO symbol, simultaneous activation of 
``Brake'' telltale, the Brake ISO symbol and audible alert for a low 
air pressure condition, the primary and secondary air gauge indicators, 
and the reduced drivability of the vehicles under a low air pressure 
condition, provides adequate notification to the operator that a brake 
malfunction exists. The manufacturer has shown that the discrepancy 
with the labeling requirement is unlikely to lead to any 
misunderstanding especially since other sources of correct information 
beyond the ``Brake'' telltale, are available.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that DTNA has met its burden of persuasion that the FMVSS No. 101 
noncompliance is inconsequential as it relates to motor vehicle safety. 
Accordingly, DTNA's petition is hereby granted and DTNA is consequently 
exempted from the obligation to provide notification of, and a remedy 
for, the subject noncompliance 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 DTNA no longer controlled at 
the time it determined that the noncompliance existed. However, the

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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 DTNA 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.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-06956 Filed 4-6-17; 8:45 am]
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