Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices 34115 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0028; Notice 1] 

Volvo Group North America, LLC, 

Receipt of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Receipt of petition. 

SUMMARY: Volvo Group North America, 

LLC (‘‘Volvo’’), has determined that 

certain Model Year (MY) 2015–2021 

Volvo VHA, VHD, VNL, VNM, and VNR 

class 8 trucks and truck-tractors do not 

fully comply with Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

101, Controls and Displays. Volvo filed 

a noncompliance report dated March 5, 

2021. Subsequently, Volvo petitioned 

NHTSA on March 26, 2021, for a 

decision that the subject noncompliance 

is inconsequential as it relates to motor 

vehicle safety. This notice announces 

receipt of Volvo’s petition. 

DATES: Send comments on or before July 

28, 2021. 

ADDRESSES: Interested persons are 

invited to submit written data, views, 

and arguments on this petition. 

Comments must refer to the docket and 

notice number cited in the title of this 

notice and 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 the 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 

will be considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the fullest extent 

possible. 

When the petition is granted or 

denied, 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 

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 

docket. 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). 

FOR FURTHER INFORMATION CONTACT: Neil 

Dold, General Engineer, NHTSA, Office 

of Vehicle Safety Compliance, 202–366– 

7352, neil.dold@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

Volvo has determined that certain 

Volvo VHA, VHD, VNL, VNM, and VNR 

class 8 trucks and truck-tractors, do not 

fully comply with the requirements of 

paragraph S5.2.8 of FMVSS No. 101, 

Controls and Displays (49 CFR 571.101). 

Volvo filed a noncompliance report 

dated March 5, 2021, pursuant to 49 

CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. Volvo subsequently petitioned 

NHTSA on March 26, 2021, 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. Following submission 

of the petition, Volvo supplemented the 

petition on May 11, 2021. 

This notice of receipt of Volvo’s 

petition is published under 49 U.S.C. 

30118 and 30120 and does not represent 

any Agency decision or other exercise of 

judgment concerning the merits of the 

petition. 

II. Trucks and Truck-Tractors Involved 

Approximately 72,239 Volvo VAH, 

VHD, VNL, VNM, and VNR class 8 

trucks and truck-tractors manufactured 

between December 16, 2014, and 

December 21, 2020, are potentially 

involved. 

III. Noncompliance 

Volvo explains that the 

noncompliance is that the subject 

vehicles are equipped with a steeringwheel-mounted automatic vehicle speed 

system control switch (cruise control) 

that is not properly identified and, 

therefore, does not comply with 

paragraph S5.2.8 of FMVSS No. 101. 

IV. Rule Requirements 

Paragraph S5.2.8 of FMVSS No. 101 

includes the requirements relevant to 

this petition. Each control for an 

automatic vehicle speed system (cruise 

control) and each control for heating 

and air conditioning systems must have 

identification provided for each 

function of each such system. 

V. Summary of Volvo’s Petition 

The following views and arguments 

presented in this section, ‘‘V. Summary 

of Volvo’s Petition,’’ are the views and 

arguments provided by Volvo. They 

have not been evaluated by the Agency 

and do not reflect the views of the 

Agency. Volvo describes the subject 

noncompliance and contends that the 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

In support of its petition, Volvo 

submitted the following reasoning: 

1. The cruise on and off button is just 

to the right of the switch in question. 

Considering the proximity of the switch 

to the cruise control on-and-off and 

cancel-and-resume buttons, the switch’s 

function is self-explanatory. 

2. This type of switch is commonly 

used for this function. 

3. The function of the switch is 

explained in the operator’s manual. 

4. There are no warranty claims, 

consumer complaints, field reports, 

property damage or death and injury 

notices associated with the subject 

noncompliance. 

Volvo concludes 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 


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34116 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices 

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 trucks and truck-tractors that 

Volvo no longer controlled at the time 

it determined that the noncompliance 

existed. However, any decision on this 

petition does not relieve equipment 

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 and trucktractors under their control after Volvo 

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. 2021–13462 Filed 6–25–21; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Privacy Act of 1974; System of 

Records 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of a new system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Transportation (DOT) proposes a new 

system of records titled ‘‘Entry-Level 

Driver Training Provider Registry’’ 

(TPR). This system of records will allow 

DOT to collect and maintain registered 

training provider information and entrylevel driver training certification 

information. The information in the 

system will be used to establish training 

provider accounts, act as a central 

repository for entry level-driver training 

(ELDT) certification information and 

transmit that information to State Driver 

Licensing Agencies (SDLAs). 

DATES: Comments on the system will be 

accepted on or before 30 days from the 

date of publication of this notice. The 

system will be effective 30 days after 

publication of this notice. Routine uses 

will be effective at that time. 

ADDRESSES: You may submit comments, 

identified by docket number OST– 

2021–0037 by one of the following 

methods: 

Federal e-Rulemaking Portal: https:// 

www.regulations.gov. 

Mail: Karyn Gorman, Acting 

Departmental Chief Privacy Officer, 

Department of Transportation, 

Washington, DC 20590. 

All submissions received must 

include the agency name and docket 

number OST–2021–0037. All comments 

received will be posted without change 

to https://www.regulations.gov and may 

include any personal information 

provided.’’ 

Docket: For access to the docket to 

read background documents or 

comments received, to https://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general and privacy questions, please 

contact: Karyn Gorman, Acting 

Departmental Chief Privacy Officer, 

Department of Transportation, S–81, 

Washington, DC 20590, Email: privacy@

dot.gov, Tel. (202) 366–3140. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with the Privacy Act of 

1974, the Department of Transportation 

is proposing a new system of records 

titled ‘‘Department of Transportation 

(DOT)/Federal Motor Carrier Safety 

Administration (FMCSA)—012, EntryLevel Driver Training Provider Registry’’ 

(TPR). This system will collect 

information related to registered 

training providers and entry level-driver 

training (ELDT) certification 

information pertaining to individual 

applicants for commercial driver’s 

licenses (CDLs) or certain endorsements. 

The Moving Ahead for Progress in the 

21st Century Act (MAP–21) requires 

DOT to regulate ELDT (Pub. L. 112–141, 

section 32304, 126 Stat. 405, 791 (July 

6, 2012)). MAP–21 modified 49 U.C 

31305 by adding paragraph (c), which 

required FMCSA to issue ELDT 

regulations addressing the knowledge 

and skills that an individual must 

acquire before obtaining a CDL or 

specified endorsement for the first time. 

MAP–21 also required training 

providers to demonstrate, by providing 

certification information, that the 

individual meets the ELDT 

requirements. Section 32304(a) allows 

the Secretary to establish the process by 

which a training provider must provide 

certification information. These ELDT 

regulations are currently located in 49 

CFR part 380. The TPR is the tool that 

training providers and SDLAs will use 

to meet the ELDT requirements. 

Training providers, as defined in 49 

CFR 380.605, wishing to provide ELDT 

must be listed on the TPR. Training 

providers include, but are not limited 

to, training schools, educational 

institutions, rural electric cooperatives, 

motor carriers, State/local governments, 

school districts, joint labor management 

programs, owner-operators, and 

individuals. To be listed on the TPR, a 

training provider must certify that it 

meets the applicable eligibility 

requirements listed in 49 CFR 

380.703(a), including completion of 

FMCSA’s registration process. 

Registration is accomplished by 

accessing FMCSA’s TPR website and 

electronically transmitting a completed 

Training Provider Registration Form 

(TPRF) affirming, under penalties of 

perjury, that the provider will teach the 

FMCSA-prescribed curriculum that is 

appropriate for the CDL class or 

endorsement. When a provider meets 

the applicable requirements, FMCSA 

will issue the provider a unique TPR 

number and, as applicable, add the 

provider’s information to the TPR 

website. The information maintained in 

the system of records on training 

providers, some of whom are 

individuals, includes, but is not limited 

to, the training entity’s legal name, 

location, phone number, website 

address, and the type of ELDT offered. 

Except as noted below, this information 

will be located on the publicly available 

portion of the TPR website, which will 

allow driver-trainees to locate and 

contact registered training providers. In 

addition, FMCSA may use the training 

providers’ contact information to 

communicate with them regarding their 

registration information on the TPR, or 

to initiate an audit or investigation of 

the training provider pursuant to 49 

CFR 380.703(a)(6) and 380.719(a)(5). 

FMCSA acknowledges that some 

training providers, including those who 

provide ELDT only for their own 

employees or prospective employees, 

may wish to keep their contact 

information private and therefore not 

have it publicly displayed on the TPR 

website. Accordingly, training providers 

who do not intend to make their 

services available to all driver-trainee 

applicants can elect not to include their 

contact information in the public listing 

that appears on the TPR website; 

however, these training providers will 

be publicly identified by name, city, and 

State. This option will be made 

available at the time of initial 

registration and can be changed anytime 

the provider so chooses. 


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