[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Notices]
[Pages 11450-11452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03960]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0008; Notice 1]


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

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

ACTION: Receipt of petition.

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SUMMARY: Daimler Trucks North America (DTNA) has determined that 
certain model year (MY) 2017-2019 Freightliner Cascadia motor vehicles 
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) 
No. 108, Lamps, Reflective Devices, and Associated Equipment. DTNA 
filed a noncompliance report dated January 16, 2019. DTNA subsequently 
petitioned NHTSA on February 8, 2019, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety. 
This document announces receipt of DTNA's petition.

DATES: The closing date for comments on the petition is March 30, 2020.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket number and notice number cited in the title of this notice and 
may be 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 considered. All comments and supporting materials received 
after the closing date will also be filed and considered to the fullest 
extent possible.
    When the petition is granted or denied, a 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

[[Page 11451]]

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 dockets. 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: DTNA has determined that certain MY 2017-2019 
Freightliner Cascadia motor vehicles do not fully comply with paragraph 
S6.2.1 of FMVSS No. 108, Lamps, Reflective Devices, and Associated 
Equipment. (49 CFR 571.108). DTNA filed a noncompliance report dated 
January 16, 2019, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. DTNA subsequently petitioned NHTSA on 
February 8, 2019, 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 DTNA petition is published under 49 
U.S.C. 30118 and 30120, and does not represent any agency decision or 
other exercises of judgment concerning the merits of the petition.
    II. Trucks Involved: Approximately 74,675 MY 2017-2019 Freightliner 
Cascadia motor vehicles, manufactured between May 3, 2016, and December 
17, 2018, are potentially involved.
    III. Noncompliance: DTNA stated that the noncompliance is that the 
subject vehicles are equipped with brake lights that illuminate when 
the low air warning light illuminates and therefore, does not meet the 
requirements specified in paragraph S6.2.1 of FMVSS No. 108.
    IV. Rule Requirements: Paragraph S6.2.1 of FMVSS No. 108, includes 
the requirements relevant to this petition. No additional lamp, 
reflective device, or other motor vehicle equipment is permitted to be 
installed that impairs the effectiveness of lighting equipment required 
by FMVSS No. 108.
    V. Summary of DTNA's Petition: The following views and arguments 
presented in this section, V. Summary of DTNA's Petition, are the views 
and arguments provided by DTNA. They have not been evaluated by the 
agency and do not reflect the views of the agency.
    DTNA described the subject noncompliance and stated its belief that 
the noncompliance is inconsequential as it relates to motor vehicle 
safety.
    DTNA submitted the following background information on how their 
air brake system affects the stop lamps:
    DTNA's air brake system is comprised of two brake systems, primary 
and secondary. The primary system controls the service brakes on the 
drive axles and the secondary system controls the service brakes on the 
steer axle, and the higher pressure of these two control the trailer 
service brakes. These two systems are isolated from each other so that 
if there is an air loss in one system, the other system will still be 
functional to control the vehicle service brakes. When either one of 
the systems drops below 70 psi, the low air warning indicator light on 
the dash turns ON and the brake lights illuminate. It does not mean 
that the drive axle parking brakes are starting to apply. The air that 
holds off the drive axle parking brakes, is the higher of either 
primary or secondary air. Therefore, if the primary falls below 70 psi, 
the indicator light and brake lights illuminates, but the parking 
brakes do not start to drag since the secondary air (presumably 
unaffected) still remains high and holds off the parking springs. In 
the same manner, the trailer parking brakes are held off by the higher 
of either primary or secondary air. Only when both air systems drop 
below about 70 psi will the trailer parking brakes begin to apply.
    DTNA submitted the following views and arguments in support of the 
petition:
    1. The normal operating air pressure of the vehicle is between 110 
and 130 PSI. There is a regulator that turns on the air compressor if 
the air pressure is below 110 PSI and turns off the air compressor when 
the system pressure is above 130 PSI. If the air pressure begins to 
drop and reaches approximately 70 PSI the air system pressure is not 
adequate to maintain optimum operation, a warning signal illuminates on 
the dash and buzzer activates to alert the driver to this condition. On 
these vehicles, the brake lights illuminate when the warning signal 
illuminates on the dash. The events contributing to a low air condition 
after initial vehicle startup are rare and are not expected in normal 
operation. If the condition was to occur during operation, the driver 
would be alerted to the circumstances with audible and visual low air 
warning and would be expected to apply the service brakes and pull over 
in a safe manner. Additionally, if the pressure in both air systems 
drops below 70 psi, the parking brakes will slowly begin to apply.
    2. The Freightliner Cascadia Driver's Manual states ``If the low 
air pressure warning is activated, check the air pressure gauges to 
determine which system has low air pressure. Although the vehicle's 
speed can be reduced using the foot brake control pedal, either the 
front or rear service brakes will not be operating at full capacity, 
causing a longer stopping distance. Bring the vehicle to a safe stop 
and have the air system repaired before continuing.''
    3. Brakes are commonly applied--causing the brake lights to 
illuminate--when a driver sees a vehicle display warning or senses that 
the vehicle is experiencing a problem. Reducing vehicle speed in 
relation to a vehicle operational problem increases safety, providing 
following drivers the opportunity to increase the following distance. 
Low air warning would likely cause the vehicle driver to immediately 
engage the brake system and bring the vehicle to a safe stop. Brake 
light illumination for a brake system low air event would help provide 
early warning to following drivers to slow down.
    4. DTNA stated, in ``Motorcoach Brake Systems and Safety 
Technologies,'' Federal Motor Carrier Administration issued guidance, 
while directed toward Motorcoach drivers, that supports the expectation 
that a driver, upon receipt of a low-pressure warning, would apply 
brakes and pull off the roadway. FMCSA stated: ``Low Pressure Warning--
In most cases, you should notice an air leak or malfunction before 
getting a low-pressure warning; however, when a low-pressure warning 
occurs, immediately bring the motorcoach to a safe stop, off of the 
roadway. Continuing to operate the motorcoach could result in an 
automatic application of the park brakes, possibly leading to a loss of 
control or a stop in an unsafe position.''
    5. DTNA is not aware of any accidents, injuries, owner complaints 
or field reports related to this condition on the subject vehicles.
    6. DTNA also stated that NHTSA has previously granted petitions for 
decisions of inconsequential noncompliance for lighting requirements 
where technical noncompliance exists, but does not create a negative 
impact on safety:
     In Docket No. 66 FR 32871 (June 18, 2001) a Petition for 
inconsequentiality by GM was granted by NHTSA. In this instance, 
certain models could have unintended CHMSL illumination briefly if the 
hazard warning lamp switch is depressed to its limit of travel. NHTSA

[[Page 11452]]

stated: ``The intended use of a hazard warning lamp and the momentary 
activation of a CHMSL do not provide a conflicting message. The 
illumination of the CHMSL is intended to signify that the vehicle's 
brakes are being applied and that the vehicle might be decelerating. 
Hazard warning lamps are intended as a more general message to nearby 
drivers that extra attention should be given to the vehicle. A brief 
illumination of the CHMSL while activating the hazard warning lamps 
would not confuse the intended general message, nor would the brief 
illumination in the absence of the other brake lamps cause confusion 
that the brakes were unintentionally applied.''
     In Docket No. 83 FR 7847 (Feb 22, 2018) a Petition for 
inconsequentiality by GM was granted by NHTSA. In this instance, under 
certain conditions, the parking lamps on the subject vehicles fail to 
meet the requirement that parking lamps must be activated when 
headlamps are activated in a steady burning state. NHTSA stated: ``. . 
. The Agency agrees with GM that in this case, this situation would 
have a low probability of occurrence and, if it should occur, it would 
neither be long-lasting nor likely to occur during a period when 
parking lamps are generally in use. Importantly, when the noncompliance 
does occur, other lamps remain functional. The combination of all of 
the factors, specific to this case, abate the risk to safety.''
     In Docket No. 64 FR 62609 (Sept. 02, 1999) a Petition for 
inconsequentiality by GM was granted by NHTSA. In this instance, a 
certain model equipped with an electronic turn signal was affected by 
random inputs that cause the internal timing of the electronic circuit 
to become unsynchronized causing the left front turn signal lamp to 
flash at a rapid rate while the left rear turn signal lamp illuminates 
but does not flash. These conditions can continue after the turn signal 
lever automatically returns to the off position. NHTSA stated: ``We 
have concluded that the few vehicles affected by this noncompliance, as 
well as the fact that the turn signals show the driver that they have 
failed, warrant a finding that this noncompliance is inconsequential 
with regard to motor vehicle safety.''
    7. DTNA believes that a technical non-compliance exists, but does 
not create a negative impact on safety when the brake lamps illuminate 
during a brake system low air warning event. The brake light 
illumination serves to emphasize the message to following drivers that 
the vehicle is experiencing trouble and they should pay close 
attention. The Brake Air warning indicator light, on the driver's 
display panel, shows the driver that there is an issue with the air 
brake system. This would result in the driver bringing the vehicle to a 
safe stop and having the air system repaired before continuing.
    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 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 DTNA 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 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.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2020-03960 Filed 2-26-20; 8:45 am]
BILLING CODE 4910-59-P