Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices 14325 

reviews at this time including measures such 

as color coding portions of the mold, 

makding software changes to remove manual 

data entry, and adding additional visual 

quality checks of the molds when 

information is changed. Cooper Tire is also 

reviewing its inspection processes to ensure 

that any errors are identified earlier and/or 

prevented before they occur. 

Cooper Tire concluded by expressing 

the belief that the subject 

noncompliances are inconsequential as 

they relate 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 tires that Cooper Tire 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 buses under their 

control after Cooper Tire 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. 2022–05305 Filed 3–11–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2019–0008; 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. 

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 the grant of DTNA’s petition. 

FOR FURTHER INFORMATION CONTACT: 

Leroy Angeles, Office of Vehicle Safety 

Compliance, the National Highway 

Traffic Safety Administration (NHTSA), 

telephone (202) 366–5304, leroy.angles@

dot.gov. 

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. 

Notice of receipt of DTNA’s petition 

was published with a 30-day public 

comment period, on February 27, 2020, 

in the Federal Register (85 FR 11450). 

No comments were 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–2019– 

0008.’’ 

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 described the noncompliance 

as automatic illumination of the stop 

lamps when the low air pressure 

warning indicator light illuminates. 

Since low air pressure does not 

necessarily activate the brakes or result 

in braking without driver intervention, 

this activation of the stop lamps does 

not meet the requirements of 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. 

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, in 

which the higher pressure of these two 

controls 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 stop lamps illuminate. However, if 

this occurs, it does not mean that the 

drive axle parking brakes being applied, 

since the other brake system may still be 

functional and keeping the brake from 

applying. In such a situation, the air that 

holds off the drive axle parking brakes 

would be the higher pressure of either 

primary or secondary air brake. In other 

words, if the primary air brake pressure 

falls below 70 psi, the indicator light 

and stop lamps illuminate, but the 

parking brakes do not start to drag since 

the secondary air (presumably 

unaffected) 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 brake system. 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 


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14326 Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices 

1Cf. Gen. Motors Corporation; Ruling on Petition 

for Determination of Inconsequential 

Noncompliance, 69 FR 19897, 19899 (Apr. 14, 

2004) (citing prior cases where noncompliance was 

expected to be imperceptible, or nearly so, to 

vehicle occupants or approaching drivers). 

2See Gen. Motors, LLC; Grant of Petition for 

Decision of Inconsequential Noncompliance, 78 FR 

35355 (June 12, 2013) (finding noncompliance had 

no effect on occupant safety because it had no effect 

on the proper operation of the occupant 

classification system and the correct deployment of 

an air bag); Osram Sylvania Prods. Inc.; Grant of 

Petition for Decision of Inconsequential 

Noncompliance, 78 FR 46000 (July 30, 2013) 

(finding occupant using noncompliant light source 

would not be exposed to significantly greater risk 

than occupant using similar compliant light 

source). 

3 Morgan 3 Wheeler Limited; Denial of Petition for 

Decision of Inconsequential Noncompliance, 81 FR 

21663, 21666 (Apr. 12, 2016). 

4United States v. Gen. Motors Corp., 565 F.2d 

754, 759 (D.C. Cir. 1977) (finding defect poses an 

unreasonable risk when it ‘‘results in hazards as 

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, so a warning indicator light 

illuminates on the dash and a buzzer 

activates to alert the driver to this 

condition. On these vehicles, the stop 

lamps illuminate when the warning 

indiactor light illuminates on the dash. 

The events induced by a low air 

condition after initial vehicle startup are 

rare and are not expected in normal 

operation. If the condition were to occur 

during operation, the driver would be 

alerted to the circumstances with 

audible and visual low air warning 

signals 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 stop lamps 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. A low air warning indicator 

light would likely cause the vehicle 

driver to immediately engage the brake 

system and bring the vehicle to a safe 

stop. Stop lamp 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,’’ the Federal Motor 

Carrier Safety 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 General Motors Corporation; 

Grant of Application for Decision of 

Inconsequential Noncompliance. 66 FR 

32871 (June 18, 2001) a petition for 

inconsequentiality by General Motors 

Corporation 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. 

• In General Motors, LLC, Grant of 

Petition for Decision of Inconsequential 

Noncompliance, a petition for 

inconsequentiality by General Motors, 

LLC (GM) was granted by NHTSA. See 

83 FR 7847 (February 22, 2018). 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. 

• In Grant of Application for 

Determination of Inconsequential 

Noncompliance with FMVSS No. 108, a 

petition for inconsequentiality by 

General Motors Corporation was granted 

by NHTSA. See 64 FR 48231 (September 

2, 1999). 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. 

7. DTNA believes that a technical 

noncompliance exists but does not 

create a negative impact on safety when 

the brake lamps illuminate during a 

brake system low air warning event. The 

stop lamp 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 its 

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. 

VI. NHTSA’s Analysis 

The burden of establishing the 

inconsequentiality of a failure to comply 

with a performance requirement in a 

standard—as opposed to a labeling 

requirement with no performance 

implications—is more substantial and 

difficult to meet. Accordingly, the 

Agency has not found many such 

noncompliances inconsequential.1

Potential performance failures of safetycritical equipment, like seat belts or air 

bags, are rarely deemed inconsequential. 

An important issue to consider in 

determining inconsequentiality is the 

safety risk to individuals who 

experience the type of event against 

which the recall would otherwise 

protect.2 In general, NHTSA does not 

consider the absence of complaints or 

injuries to show that the issue is 

inconsequential to safety. ‘‘Most 

importantly, the absence of a complaint 

does not mean there have not been any 

safety issues, nor does it mean that there 

will not be safety issues in the future.’’ 3

‘‘[T]he fact that in past reported cases 

good luck and swift reaction have 

prevented many serious injuries does 

not mean that good luck will continue 

to work.’’ 4


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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices 14327 

potentially dangerous as sudden engine fire, and 

where there is no dispute that at least some such 

hazards, in this case fires, can definitely be 

expected to occur in the future’’). 

5See Gen. Motors Corp.; Ruling on Petition for 

Determination of Inconsequential Noncompliance, 

69 FR 19897, 19900 (Apr. 14, 2004); Cosco Inc.; 

Denial of Application for Decision of 

Inconsequential Noncompliance, 64 FR 29408, 

29409 (June 1, 1999). 

6Per FMVSS No. 108, stop lamps should only be 

activated upon activation of the service brakes, or 

a device intended to retard the movement of the 

vehicle. See FMVSS No. 108, Table I–a. 7https://isearch.nhtsa.gov/files/22036.ztv.html. 

NHTSA has rejected petitions based 

on the assertion that only a small 

percentage of vehicles or items of 

equipment are likely to actually exhibit 

a noncompliance. The percentage of 

potential occupants that could be 

adversely affected by a noncompliance 

does not determine the question of 

inconsequentiality. Rather, the issue to 

consider is the consequence to an 

occupant who is exposed to the 

consequence of that noncompliance.5

These considerations are also relevant 

when considering whether a defect is 

inconsequential to motor vehicle safety. 

NHTSA notes that DTNA misquoted 

the decision language pertaining to a 

prior inconsequential noncompliance 

petition (83 FR 7847) by adding ‘‘The 

Agency agrees with GM that in this 

case’’ prior to the original statement. 

NHTSA does not consider this addition 

accurate. 

The noncompliance, in the DTNA 

case currently being considered, is that 

the stop lamp illuminates when a 

braking system low air pressure warning 

indicator light is illuminated, regardless 

of whether the service brakes are 

applied.6 As the subject trucks have two 

air brake systems, which split the trailer 

brakes from the steer axle brakes, low 

air pressure will cause a brake 

application only if air pressure is lost in 

both systems. Should only one of the 

two air brake systems report low air 

pressure, the parking brakes would not 

engage but the stop lamps would 

illuminate in addition to the low air 

warning indicator light, which includes 

an audible alarm. The Agency believes 

that an alert would prompt the operator 

to safely pull over and/or attempt to 

slow/stop the truck soon after the 

warnings appear. In that case, the 

noncompliance would only result in a 

momentary illumination of the stop 

lamps without the brakes being applied. 

If the driver of a subject vehicle did 

not apply the brakes immediately after 

receiving a low air pressure warning, 

following drivers would be presented 

with a false indication that the subject 

truck was braking. Further, should there 

be an air leak, application of the service 

brakes will cause the air pressure to 

further drop, braking performance may 

be impacted, and it is also possible that 

the system will no longer be able to 

achieve proper pressure, which 

subsequently may cause the parking 

brakes to engage. As the function of a 

stop lamp is to notify other road users 

that a vehicle is stopping and/or 

slowing down, a vehicle equipped with 

an air braking system where the low air 

pressure warning on the instrument 

cluster along with an audible warning 

has been activated will likely prompt 

the driver to immediately pull over and/ 

or attempt to slow/stop the vehicle. 

A previous NHTSA interpretation 

concerning trailer stop lamp 

illumination, requested by Wabash 

National Corporation, explained that the 

stop lamps were permitted to be 

illuminated in the event that the 

emergency braking system was activated 

when significant deceleration could 

occur.7 NHTSA does not agree with 

DTNA’s argument that the activation of 

the stop lamps when the low air 

pressure warning occurs would be 

helpful for a warning other drivers of 

the brake malfunction. Nonetheless, 

NHTSA still believes this 

noncompliance would be 

inconsequential to safety. This is 

because when a vehicle with air brakes 

experiences a low-air event and notifies 

the driver of a brake system 

malfunction, NHTSA believes that the 

driver would likely respond by pulling 

over to the side of the road and taking 

the vehicle out of service until the brake 

system can be repaired. Because the act 

of pulling over to the side of the road 

would result in the intentional 

activation of the stop lamps and this 

sequence of events would likely occur 

only once before the vehicle is repaired, 

NHTSA believes that the activation of 

the brake lamps due to the low air 

pressure event would be 

inconsequential to safety. 

VII. NHTSA’s Decision 

In consideration of the foregoing, 

NHTSA finds that DTNA has met its 

burden of persuasion that the subject 

FMVSS No. 108 noncompliance in the 

affected trucks is inconsequential to 

motor vehicle safety. Accordingly, 

DTNA’s petition is hereby granted and 

DTNA 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 only applies to the subject 

trucks that DTNA no longer controlled 

at the time it determined that the 

noncompliance existed. However, the 

granting of this petition does not relieve 

truck distributors and dealers of the 

prohibitions on the sale, offer for sale, 

or introduction or delivery for 

introduction into interstate commerce of 

the noncompliant trucks 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. 2022–05304 Filed 3–11–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Notice of OFAC Sanctions Action 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: The U.S. Department of the 

Treasury’s Office of Foreign Assets 

Control (‘‘OFAC’’) is updating the 

identifying information on its Specially 

Designated Nationals and Blocked 

Persons List (‘‘SDN List’’) for a person 

whose property and interests in 

property are blocked pursuant to 

Executive Order 13224 of September 23, 

2001, ‘‘Blocking Property and 

Prohibiting Transactions With Persons 

Who Commit, Threaten To Commit, or 

Support Terrorism,’’ as amended by 

Executive Order 13886 of September 9, 

2019, ‘‘Modernizing Sanctions to 

Combat Terrorism’’. 

DATES: See SUPPLEMENTARY INFORMATION

section for applicable date(s). 

FOR FURTHER INFORMATION CONTACT: 

OFAC: Andrea Gacki, Director, tel.: 202– 

622–2490; Associate Director for Global 

Targeting, tel.: 202–622–2420; Assistant 

Director for Licensing, tel.: 202–622– 

2480; Assistant Director for Regulatory 

Affairs, tel.: 202–622–4855; or the 

Assistant Director for Sanctions 

Compliance & Evaluation, tel.: 202–622– 

2490. 

SUPPLEMENTARY INFORMATION: 


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