[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Notices]
[Pages 23017-23018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08228]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0033; Notice 2]


Mack Trucks Inc., 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: 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 the grant of Mack Trucks' 
petition as amended.

FOR FURTHER INFORMATION CONTACT: Neil Dold, Office of Vehicle Safety 
Compliance, the National Highway Traffic Safety Administration (NHTSA), 
(202) 366-7352, [email protected].

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.
    Notice of receipt of Mack Trucks' petition was published with a 30-
day public comment period, on September 18, 2020 in the Federal 
Register (85 FR 58423). One comment was received. To view the petition 
and all supporting documents log onto the Federal Docket Management 
System (FDMS) website at https://www.regulations.gov/. Then follow the 
online search instructions to locate docket number ``NHTSA-2020-0033.''

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 and do not reflect the views of the Agency. 
Mack Trucks describes the subject noncompliance and contends that the 
noncompliance is inconsequential as it relates to motor vehicle safety.
    In support of its petition, Mack Trucks offers 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; 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 concludes by again contending 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.
    Mack Trucks' complete petition and all supporting documents are 
available by logging onto the Federal Docket Management System (FDMS) 
website at: https://www.regulations.gov and by following the online 
search instructions to locate the docket number as listed in the title 
of this notice.

[[Page 23018]]

VI. Comment

    NHTSA received one comment from the public. While the Agency takes 
great interest in the public's concerns and appreciates the commenter's 
feedback, the comment does not address the purpose of this particular 
petition.

VII. NHTSA's Analysis

    NHTSA has evaluated the merits of the inconsequential noncompliance 
petition and supplemental materials submitted by Mack Trucks and has 
determined that this particular noncompliance is inconsequential to 
motor vehicle safety. Specifically, the Agency considered the following 
when making its decision:

    1. Each of the noncompliances described in Mack Truck's petition 
involve deviations from the identification requirements in FMVSS 
No.101, specifically mislabeled controls. Mislabeling may affect a 
driver's recognition of a specific control, but it does not affect 
the function of a control. For each of the mislabeled controls 
described herein, the absence of a required label or use of an 
incorrect label does not otherwise affect FMVSS No. 101's 
identification and illumination requirements because other 
identifying labels are present for each subject control, which 
assist the driver in selecting the appropriate control.
    2. Mack Trucks explained that the subject vehicles have a 
heating and air conditioning fan control that is missing the 
required label using the fan symbol or words specified in Table 1 of 
FMVSS No. 101. While the subject rotary control is missing the 
required label, it includes labeling of numbers 0 through 4 
corresponding to increasing fan speed, and the rotary control is 
adjacent to and grouped with other labeled controls associated with 
heating and air conditioning functions on the same control panel; 
consequently, in this instance, it would be evident to a driver that 
the numbered rotary control is associated with fan speed for heating 
and air conditioning, and the noncompliance would not be 
consequential to safety.
    3. Mack Trucks explained that the subject vehicles have marker 
lamp controls that are labeled with a symbol \1\ that does not match 
the symbol specified in Table 1 of FMVSS No. 101, and that the 
symbol is still a lighting symbol rather than an arbitrary symbol. 
Each subject vehicle's marker lamp control is part of a master 
lighting control that includes multiple individually labeled 
positions as either a rotary control or three-position switch lever. 
For all subject vehicles except for the LR vehicles, the master 
lighting control is labeled with the master lighting switch label 
specified in Table 2 of FMVSS No. 101. The LR model vehicles are 
equipped with a master lighting toggle switch that is not labeled 
with the required symbol or word for identifying the master light 
control as specified in Table 2 of FMVSS No. 101.
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    \1\ The symbol used by Mack Trucks described in the petition is 
a parking light symbol that is not recognized in FMVSS No. 101.
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    For the Anthem, Pinnacle, and Granite model vehicles, the 
incorrect marker lamp control label (which is an internationally 
recognized parking light symbol, similar in nature to the marker 
light symbol) would not be enough for a driver to confuse the 
function of the control because it is part of the master lighting 
switch; the master lighting switch otherwise includes the master 
lighting switch label specified by the standard and other commonly 
used lighting symbols. Notably, FMVSS No. 101 permits omission of 
the marker lamp label when it is part of the master lighting 
switch.\2\
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    \2\ The standard permits omission of a separate marker lamp 
identifier when the marker lamp control is included as part of the 
master lighting switch (see 49 CFR 571.101 Table 1, Note 8); 
however, the standard does not permit use of a marker lamp 
identifier (symbol or word) other than those specified in the 
standard.
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    For the LR model vehicle, the master lighting switch is not 
labeled with master lighting switch label, and the position for the 
marker lamps is labeled with the same incorrect symbol for the 
marker lamps. Still, all symbols that appear on the master lighting 
switch (marker lamps and head lamps) are commonly recognizable as 
lighting control symbols. Consequently, the specific control 
implementations described in Mack Truck's petition and supplemental 
materials are unlikely to alter a driver's understanding of the 
lighting controls in a manner that would be consequential to safety.
    4. As explained by Mack Trucks, the subject vehicles are trucks 
that may only be driven by a professional driver holding a 
commercial driver's license (CDL). NHTSA believes that the 
qualifications required to drive these subject vehicles further 
mitigates any remaining safety risk from the noncompliance.

VIII. NHTSA's Decision

    In consideration of the foregoing, NHTSA finds that Mack Trucks has 
met its burden of persuasion that the subject FMVSS No. 101 
noncompliance in the affected vehicles is inconsequential to motor 
vehicle safety. Accordingly, Mack Trucks' petition is hereby granted 
and Mack Trucks is consequently exempted from the obligation of 
providing notification of, and a free remedy for, that 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 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, the 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 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. 2022-08228 Filed 4-15-22; 8:45 am]
BILLING CODE 4910-59-P