Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Notices 23013 

before, during, and after their 

probationary periods. 

• How will FMCSA decide whether 

the SDAP should be extended, 

expanded, or discontinued in the final 

data analysis? 

Response: FMCSA is restricted by the 

limitations in the IIJA as well as the 

limitations in 49 CFR part 381. 

Therefore, the SDAP will not be 

extended or expanded at any point. The 

study may be discontinued at FMCSA’s 

discretion at any point. 

• What quantitative safety metrics, if 

any, will be part of the final analysis? 

If crashes and fatalities occur during the 

program, will those be made public? 

Response: FMCSA will conduct 

analysis on all data collected, to include 

crashes, inspections, and safety events. 

All analysis will be peer reviewed and 

contained in a final report. Crashes and 

fatalities occurring during the program 

will be contained in the analysis but 

identifying information on drivers will 

not be made public to ensure the 

research is conducted in an ethical 

manner that protects the privacy of 

participating individuals. 

• Will FMCSA continue gathering 

data from apprentices once they begin 

operating CMVs in interstate commerce 

unaccompanied by an experienced 

driver? 

Response: FMCSA will continue 

gathering data from apprentices until 

they turn 21 years old and no longer 

require an exemption to operate in 

interstate commerce. 

Title: Safe Driver Apprenticeship Pilot 

Program. 

OMB Control Number: 2126–0075. 

Type of Request: Renewal of an 

information collection previously 

approved under emergency authority. 

Respondents: Motor carriers; drivers. 

Estimated Number of Respondents: 

14,830 total (1,600 motor carriers and 

13,230 CMV drivers); 5,410 annually 

(1,000 carriers and 4,410 CMV drivers). 

Estimated Time per Response: 

Application (motor carrier, apprentice 

driver, and experienced driver): 20 

Minutes; safety benchmark 

certifications: 15 Minutes; monthly 

driving and safety data: 60 Minutes; 

miscellaneous data submission: 90 

Minutes. 

Expiration Date: July 31, 2022. 

Frequency of Response: Application 

(motor carrier, apprentice driver, and 

experienced driver): Once; safety 

benchmark certifications: Twice for 

each apprentice driver; monthly driving 

sand safety data: Monthly; 

miscellaneous data submissions: 

Monthly. 

Estimated Total Annual Burden: 

169,344 hours total, or 56,448 hours 

annually (motor carriers: 164,934 hours 

total, or 54,978 hours annually, which 

includes a one-time application, two 

safety benchmark certifications for each 

participating apprentice, and monthly 

driving and safety data on all 

participating apprentices as well as 

miscellaneous data submissions; 

drivers: 13,797 hours total, or 4,599 

hours annually which includes a onetime application for experienced and 

apprentice drivers). 

Definitions: N/A. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the performance of 

FMCSA’s functions; (2) the accuracy of 

the estimated burden; (3) ways for 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. The Agency will 

summarize or include your comments in 

the request for OMB’s clearance of this 

ICR. 

Issued under the authority of 49 CFR 

1.87. 

Thomas P. Keane, 

Associate Administrator, Office of Research 

and Registration. 

[FR Doc. 2022–08229 Filed 4–15–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0016] 

Agency Information Collection 

Activities; Notice and Request for 

Comment; Countermeasures That 

Work 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice and request for public 

comment on a reinstatement with 

modification of a previously approved 

collection of information. 

SUMMARY: The National Highway Traffic 

Safety Administration (NHTSA) invites 

public comments about our intention to 

request approval from the Office of 

Management and Budget (OMB) for a 

reinstatement with modification of a 

previously approved collection of 

information. Before a Federal agency 

can collect certain information from the 

public, it must receive approval from 

OMB. Under procedures established by 

the Paperwork Reduction Act of 1995, 

before seeking OMB approval, Federal 

agencies must solicit public comment 

on proposed collections of information, 

including extensions and reinstatements 

of previously approved collections. This 

document describes an Information 

Collection Request (ICR) for which 

NHTSA intends to seek OMB approval 

to conduct a survey that will inform the 

development of the 12th edition of 

Countermeasures That Work and 

structured interviews to populate and 

update the 2nd edition of 

Countermeasures At Work. 

DATES: Comments must be received on 

or before June 17, 2022. 

ADDRESSES: You may submit comments 

identified by DOT Docket ID Number 

NHTSA–2021–0016 using any of the 

following methods: 

• Electronic submissions: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

M–30, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

To be sure someone is there to help you, 

please call (202) 366–9322 before 

coming. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

Docket number for this Notice. Note that 

all comments received will be posted 

without change to http://

www.regulations.gov including any 

personal information provided. Please 

see the Privacy Act heading below. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit https://

www.transportation.gov/privacy. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov or the street 

address listed above. Follow the online 

instructions for accessing the dockets 

via internet. 


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23014 Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Notices 

1 Venkatraman, V., Richard, C.M., Magee, K., & 

Johnson, K. (2021, July). Countermeasures that 

work: A highway safety countermeasure guide for 

State Highway Safety Offices, 10th edition (Report 

No. DOT HS 813 097). National Highway Traffic 

Safety Administration. www.nhtsa.gov/sites/ 

nhtsa.gov/files/2021-09/15100_

Countermeasures10th_080621_v5_tag.pdf. 

2National Center for Statistics and Analysis. 

(2020, December). Overview of motor vehicle 

crashes in 2019 (Traffic Safety Facts Research Note. 

Report No. DOT HS 813 060). National Highway 

Traffic Safety Administration. https://crashstats.

nhtsa.dot.gov/Api/Public/ViewPublication/813060. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or access to 

background documents, contact Kristie 

Johnson, Ph.D., Office of Behavioral 

Safety Research (NPD–310), National 

Highway Traffic Safety Administration, 

1200 New Jersey Avenue SE, W46–498, 

Washington, DC 20590. Dr. Johnson’s 

phone number is 202–366–2755, and 

her email address is kristie.johnson@

dot.gov. 

SUPPLEMENTARY INFORMATION: Under the 

Paperwork Reduction Act of 1995 (PRA) 

(44 U.S.C. 3501 et seq.), before an 

agency submits a proposed collection of 

information to OMB for approval, it 

must first publish a document in the 

Federal Register providing a 60-day 

comment period and otherwise consult 

with members of the public and affected 

agencies concerning each proposed 

collection of information. The OMB has 

promulgated regulations describing 

what must be included in such a 

document. Under OMB’s regulations (at 

5 CFR 1320.8(d)), an agency must ask 

for public comment on the following: (i) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(ii) the accuracy of the agency’s estimate 

of the burden of the proposed collection 

of information, including the validity of 

the methodology and assumptions used; 

(iii) how to enhance the quality, utility, 

and clarity of the information to be 

collected; and (iv) how to minimize the 

burden of the collection of information 

on those who are to respond, including 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. In compliance with these 

requirements, NHTSA asks for public 

comment on the following proposed 

collection of information: 

Title: Countermeasures That Work. 

OMB Control Number: 2127–0727. 

Form Numbers: NHTSA Form 1343, 

NHTSA Form 1344. 

Type of Information Collection 

Request: Reinstatement with 

modification of a previously approved 

information collection. 

Type of Review Requested: Regular. 

Requested Expiration Date of 

Approval: 3 years from date of approval. 

Summary of the Collection of 

Information 

NHTSA is seeking approval to (1) 

collect user feedback on the 

Countermeasures That Work 1 and 

Countermeasures At Work (1st edition 

to be published later in early 2022) 

guides, and (2) collect program 

information from program 

administrators to develop 

countermeasure case studies for 

Countermeasures At Work. 

End-User Feedback Survey 

NHTSA proposes to conduct a webbased feedback survey of up to 120 

users of Countermeasures That Work 

and/or Countermeasures At Work 

representing State Highway Safety 

Offices (SHSOs) and/or local 

jurisdictions, the Governors Highway 

Safety Association (GHSA), State 

Coordinators from across the United 

States, and other important stakeholders 

with the intent to reach regular users of 

the documents to help improve the 

documents. Survey topics will include 

how the guides are used, weaknesses/ 

drawbacks to the current guides, 

perceived usefulness of the ratings, and 

other suggestions for improvement. 

While previous feedback surveys were 

conducted via phone, the proposed 

survey would be administered using an 

online platform to reduce participant 

burden, improve data capture, and 

reduce coding needs. Participation by 

respondents would be voluntary. There 

are no record-keeping costs to the 

respondents. Responses will not be 

publicly reported, but NHTSA will 

internally use the aggregated 

information to revise and improve the 

Countermeasures That Work and 

Countermeasures At Work guides. 

Specifically, feedback will be used to 

determine which aspects of the guides 

should be improved and if there are 

features or topics that the guides do not 

currently have that they would like to 

have included. 

Structured Interviews 

NHTSA also proposes to conduct up 

to 60 structured in-person or phone 

interviews with representatives from 

jurisdictions that currently administer 

effective countermeasures. The 

respondents for the interviews will be 

selected based on their job position, 

knowledge of domain, management of 

effective countermeasure 

implementations as noted in the 

literature, and recommendation from 

NHTSA or GHSA subject matter experts 

with the intent to reach program 

administrators of effective 

countermeasures with the goal of 

populating and enriching 

countermeasure descriptions. The 

findings of interviews conducted for 

Countermeasures At Work will be 

reported separately for each individual 

locality so that the reader can get an 

idea about the size and type of the 

featured locality and issues specific to 

that locality. The Countermeasures At 

Work guide will include general contact 

information about the locality (i.e., State 

DOT or SHSO office) or the contact 

information of key individuals (if 

permission is granted by the interview 

participant), so that readers of the 

document can follow-up, if desired, 

with the locality to obtain more 

information about the countermeasure. 

The Countermeasures That Work and 

Countermeasures At Work reports will 

be shared with SHSOs, local 

governments, and those who develop 

traffic safety programs that aim to 

change behaviors with the goal of 

reducing crashes and the resulting 

injuries and fatalities. 

Description of the Need for the 

Information and Proposed Use of the 

Information 

NHTSA was established by the 

Highway Safety Act of 1970 and its 

mission is to reduce deaths, injuries, 

and economic losses resulting from 

motor vehicle crashes on the Nation’s 

highways. To further this mission, 

NHTSA is authorized to conduct 

research for the development of traffic 

safety programs. Title 23, United States 

Code, Section 403 authorizes the 

Secretary of Transportation (NHTSA by 

delegation) to use funds appropriated to 

conduct research and development 

activities, including demonstration 

projects and the collection and analysis 

of highway and motor vehicle safety 

data and related information, with 

respect to (a) all aspects of highway and 

traffic safety systems and conditions 

relating to vehicle, highway, driver, 

passenger, motorcyclist, bicyclist, and 

pedestrian characteristics; accident 

causation and investigations; and (b) 

human behavioral factors and their 

effect on highway and traffic safety. 

In 2019, 36,096 people were killed in 

motor vehicle traffic crashes on U.S. 

roadways.2 While the number of people 

killed has increased slightly since the 

U.S. hit its lowest number of fatalities 


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Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Notices 23015 

in 2014, over the past 40 years there has 

been a general downward trend. 

Effective behavioral safety 

countermeasures such as those 

described in Countermeasures That 

Work and detailed in the upcoming 

Countermeasures At Work have 

contributed to these reductions. This 

project addresses the issue of providing 

information to traffic safety 

professionals about countermeasures 

that have been demonstrated to be 

effective in addressing certain traffic 

safety problems. 

The public health approach to traffic 

safety which establishes injuries and 

fatalities as preventable has resulted in 

a mix of countermeasures, and the 

choices among them are driven by 

research on their effectiveness. 

Generally, this approach includes some 

combination of countermeasures aimed 

at improving safety in terms of 

improved vehicles, education, improved 

roads, enhanced road user perception, 

and behavior and better enforcement of 

traffic safety laws. 

In 2005, the Governors Highway 

Safety Association and the National 

Highway Traffic Safety Administration 

developed a guide, Countermeasures 

That Work, for the State Highway Safety 

Offices that provides a basic reference to 

assist in selecting effective, evidencebased countermeasures to address traffic 

safety problem areas. Given that SHSO’s 

and other State practitioners responsible 

for implementing these 

countermeasures use Countermeasures 

That Work as an aid to make decisions, 

it is important to solicit their opinions 

about the document and its content. 

Specifically, it is important to know 

which aspects of the guide should be 

improved and if there are features or 

topics that the guide does not currently 

have that they would like to have 

included. The Countermeasures At 

Work guide expands on the most 

effective countermeasures contained in 

the Countermeasures That Work guide 

by providing real world examples and 

details on localities where specific 

countermeasures were put into place. 

The descriptions of the effective 

countermeasures include details about 

locality size, implementation issues, 

cost, stakeholders involved, challenges, 

evaluation, and outcomes to help 

officials determine which 

countermeasures may be effective in 

their own jurisdictions. 

Per Section 1300.11 of the Uniform 

Procedures for State Highway Safety 

Grant Programs, each fiscal year, as part 

of the highway safety planning process 

for a State’s Highway Safety Plan, a list 

of information and data sources 

consulted must be included in the plan. 

Countermeasures That Work is 

commonly referenced as a consulted 

source. 

The data from this proposed 

information collection will provide 

NHTSA with information that will 

guide updates to the Countermeasures 

That Work and Countermeasures At 

Work documents. Data collected from 

the survey and structured interviews 

will be used primarily to (1) update the 

content, format, and structure of 

information provided in 

Countermeasures That Work and 

Countermeasures At Work, and (2) 

identify the localities/implementation of 

countermeasures that should be 

presented as case studies in 

Countermeasures At Work. 

Frequency of Collection: This study is 

part a biennial update of effective 

countermeasures. Each of the surveys 

will be collected one time during the 

three-year period for which NHTSA is 

requesting approval. The last survey of 

stakeholders was in 2020. 

Affected Public: Participants will be 

U.S. adults (18 years old and older) who 

are members of State Highway Safety 

Offices (SHSOs) and/or local 

jurisdictions, the Governors Highway 

Safety Association (GHSA), State 

Coordinators from across the United 

States, or other important stakeholders. 

Businesses are ineligible for the survey 

and would not be interviewed. 

Estimated Number of Respondents: 

180. 

Participation in the end user feedback 

survey will be voluntary with up to 120 

participants surveyed from SHSOs and/ 

or local jurisdictions, GHSA, State 

Coordinators from across the United 

States, and other important 

stakeholders. In addition, up to 60 

participants will be interviewed about 

effective countermeasure programs 

based on their job position, knowledge 

of domain, management of effective 

countermeasure implementations as 

noted in the literature, and 

recommendation from NHTSA regional 

specialists or GHSA Office subject 

matter experts. 

Estimated Total Annual Burden 

Hours: 129. 

End User Feedback Survey 

NHTSA estimates the total burden of 

this information collection by 

estimating the burden to those who 

NHTSA contacts who do not respond 

and those who are contacted and 

participate. The estimated time to 

contact 120 potential participants for 

the end user feedback survey is one 

minute per person to read the invitation 

email. For recruited participants, it is 

estimated that the survey will take thirty 

minutes to complete. For recruited 

participants, participation is estimated 

to take thirty-one minutes which 

includes time to read the email 

invitation (survey introduction) and 

complete the survey. While up to three 

email invites (or waves) are included in 

this estimate, potential respondents 

would be comprised of a sample handselected by the research team thus 

potentially reducing the number of 

subsequent contacts as well as the 

number of non-responders. 

Structured Interviews 

NHTSA estimates the total burden of 

this information collection by 

estimating the burden to those who 

NHTSA contacts who do not respond 

and those who are contacted and 

participate. The estimated time to 

contact 60 potential traffic safety 

representative participants for the 

structured countermeasure program 

interviews is two minutes per person to 

read the invitation email. For recruited 

participants, participation is estimated 

to take ninety-two minutes per person. 

The ninety-two minutes estimate 

includes time to read the email 

invitation (interview introduction), 

schedule an interview time, and 

complete the interview. Again, while up 

to four email invites are included in this 

estimate, potential respondents would 

be comprised of a sample hand-selected 

by the research team thus potentially 

reducing the number of subsequent 

contacts as well as the number of nonresponders. 

Total Burden Hours for the End User 

Feedback Survey and the Structured 

Interviews 

The total estimated burden for 

contacting 120 traffic safety 

representatives for the end user 

feedback survey, if 75% of solicited 

participants respond, is approximately 

50 hours, rounded up (((assuming 90 

completed surveys out of 120 contacted 

potential participants: 45 hours for 

completed surveys (90 survey 

participants × 30 minutes to complete 

the survey) + ∼4.5 hours for reading 

invitations ((Wave 1–120 contacts × 1 

minute) + (Wave 2–90 contacts × 1 

minute) + (Wave 3–60 contacts × 1 

minute))). The total estimated burden 

for contacting 60 traffic safety 

representatives for the program case 

study structured interviews, if 75% of 

solicited participants respond, is 

approximately 79 hours, rounded up 

each wave (((assuming 48 completed 

interviews out of 60 contacted potential 

participants: 72 hours (48 completed 

interviews × 90 minutes for each 

interview) + ∼5.6 hours ((Wave 1–60 


khammond on DSKJM1Z7X2PROD with NOTICES
23016 Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Notices 

contacts × 2 minutes) + (Wave 2–48 

contacts × 2 minutes) + (Wave 3–36 

contacts × 2 minutes) + (Wave 4–24 

contacts × 2 minutes))). Overall, the 

total estimated burden for the feedback 

surveys and program case study 

interviews is 129 hours. This 

information is presented in the tables 

below. 

TABLE 1—ESTIMATED TOTAL BURDEN FOR END USER FEEDBACK SURVEY

Wave Number of 

contacts Participant type 

Estimated 

time burden 

per participant 

(in minutes) 

Frequency 

of burden 

Number of 

participants 

Burden 

hours * 

Burden 

hours 

per wave * 

Average 

annual total 

burden 

Wave 1 (Initial Email Invitation—NHTSA Form 

1343R).

120 Contacted potential participant (read email).1 1 120 2 17 

Recruited participant 

(completed survey).

30 1 30 15 

Wave 2 (Reminder Email 

#1—NHTSA Form 

1343R).

90 Contacted potential participant (read email).1 1 90 2 17 

Recruited participant 

(completed survey).

30 1 30 15 

Wave 3 (Reminder Email 

#2—NHTSA Form 

1343R).

60 Contacted potential participant (read email).1 1 60 1 16 

Recruited participant 

(completed survey).

30 1 30 15 

Total .......................... .................... .......................................... .......................... .................... .................... .................... 50 16.67 

* Rounded up to the nearest hour. 

TABLE 2—ESTIMATED TOTAL BURDEN FOR STRUCTURED INTERVIEWS

Wave Number of 

contacts Participant type 

Estimated 

time burden 

per participant 

(in minutes) 

Frequency 

of burden 

Number of 

participants 

Burden 

hours * 

Burden 

hours 

per wave * 

Average 

annual total 

burden 

Wave 1 (Initial Email Invitation—NHTSA Form 

1344R).

60 Contacted potential participant (read email).2 1 60 2 20 

Recruited participant 

(completed interview).

90 1 12 18 

Wave 2 (Reminder Email 

#1—NHTSA Form 

1344R).

48 Contacted potential participant (read email).2 1 48 2 20 

Recruited participant 

(completed interview).

90 1 12 18 

Wave 3 (Reminder Email 

#2—NHTSA Form 

1344R).

36 Contacted potential participant (read email).2 1 36 2 20 

Recruited participant 

(completed interview).

90 1 12 18 

Wave 4 (Reminder Email 

#3—NHTSA Form 

1344R).

24 Contacted potential participant (read email).2 1 24 1 19 

Recruited participant 

(completed interview).

90 1 12 18 

Total .......................... .................... .......................................... .......................... .................... .................... .................... 79 26.33 

* Rounded up to the nearest hour. 

TABLE 3—OVERALL ESTIMATED TOTAL BURDEN

Information collection component Frequency 

Number of 

respondents 

per assessment 

Burden hours 

per collection 

Average 

annual total 

(hours) 

End User Feedback Survey .................................................................... 1 120 50 16.67 

Structured Interviews ............................................................................... 1 60 79 26.33 

Total .................................................................................................. .......................... 180 129 43 

Estimated Total Annual Burden Cost: 

Participation in this study is voluntary, 

and there are no costs to respondents 

beyond the time spent completing the 

end user feedback survey or structured 

interviews. 

Public Comments Invited: You are 

asked to comment on any aspects of this 

information collection, including (i) 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Department, including whether the 

information will have practical utility; 

(ii) the accuracy of the Department’s 

estimate of the burden of the proposed 

information collection; (iii) ways to 

enhance the quality, utility and clarity 


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of the information to be collected; and 

(iv) ways to minimize the burden of the 

collection of information on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Authority: The Paperwork Reduction 

Act of 1995; 44 U.S.C. chapter 35, as 

amended; 49 CFR 1.49; and DOT Order 

1351.29. 

Nanda Narayanan Srinivasan, 

Associate Administrator, Research and 

Program Development. 

[FR Doc. 2022–08151 Filed 4–15–22; 8:45 am] 

BILLING CODE 4910–59–P 

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. 

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, Neil.Dold@dot.gov. 

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. 


khammond on DSKJM1Z7X2PROD with NOTICES