Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 38995 

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 RTDI 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 RTDI 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. 

Jeffrey M. Giuseppe, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2017–17326 Filed 8–15–17; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2017–0063] 

Autocar Industries, 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: Autocar Industries, LLC 

(Autocar Industries), has determined 

that certain model year (MY) 2014–2018 

Autocar Xspotter trucks do not fully 

comply with Federal Motor Vehicle 

Safety Standard (FMVSS) No. 101, 

Controls and Displays. Autocar 

Industries filed a noncompliance report 

dated June 12, 2017, and subsequently 

petitioned NHTSA on June 19, 2017, for 

a decision that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

DATES: The closing date for comments 

on the petition is September 15, 2017. 

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 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 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 Federal Holidays. 

• Electronically: Submit comments 

electronically by logging onto the 

Federal Docket Management System 

(FDMS) Web site 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 

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 

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: Autocar Industries has 

determined that certain MY 2014–2018 

Autocar Xspotter trucks do not fully 

comply with Table 2 of Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

101, Controls and Displays. Autocar 

Industries filed a noncompliance report 

dated June 12, 2017, pursuant to CFR 

part 573, Defect and Noncompliance 

Responsibility and Reports, and 

petitioned NHTSA on June 19, 2017, 

pursuant to 49 U.S.C. 30118(d) and 

30120(h) and 49 CFR part 556, 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. 

This notice of receipt of their 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. Vehicles Involved: Approximately 

644 MY 2014–2018 Autocar Xspotter 

trucks, manufactured between 

September 12, 2013 and August 4, 2017, 

are potentially involved. 

III. Noncompliance: Autocar 

Industries explains that the 

noncompliance is that the Low Brake 

Air Pressure telltale for air brake 

systems displays the word ‘‘BRAKE 

PRESSURE’’ and the Canadian Motor 

Vehicle Safety Standard (CMVSS) 101 

specified symbol, rather than the words 

‘‘Brake Air,’’ as specified in Table 2 of 

FMVSS No. 101. Autocar Industries 

states that the telltale is accompanied by 

an audible alert and pressure gauges. 

IV. Rule Text: Paragraph S5 of FMVSS 

No. 101 provides: ‘‘Each passenger car, 

multipurpose passenger vehicle, truck 

and bus that is fitted with a control, a 

telltale, or an indicator listed in Table 

1 or Table 2 must meet the requirements 

of this standard for the location, 

identification, color, and illumination of 

that control, telltale or indicator.’’ 

Paragraph S5.2.1 of FMVSS No. 101 

provides, in pertinent part: ‘‘. . . 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.’’ 

Table 2 appears as follows: 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
38996 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 

V. Summary of Petition: Autocar 

Industries described the subject 

noncompliance and stated its belief that 

the noncompliance is inconsequential 

as it relates to motor vehicle safety. 

In support of its petition, Autocar 

Industries submitted the following 

reasoning: 

(a) Autocar Industries notes that the 

purpose of the low brake air pressure 

telltale is to alert the driver to a low air 

condition, consistent with the 

requirements of FMVSS No. 121, S5.1.5 

(warning signal). The words ‘‘BRAKE 

PRESSURE’’ instead of ‘‘BRAKE AIR,’’ 

the CMVSS required symbol, and an 

audible alert that occurs in the subject 

vehicles would alert the driver to an air 

issue with the brake system. Once 

alerted, the driver can check the actual 

air pressure by reading the primary and 

secondary air gauges and seeing the 

contrasting color on the gauges 

indicating low pressure. 

(b) NHTSA stated in a 2005 FMVSS 

No. 101 rulemaking that the reason for 

including vehicles over 10,000 pounds 

GVWR in the application of the 

standard is that drivers of heavier 

vehicles need to see and identify their 

displays, just like drivers of lighter 

vehicles. See 70 FR 48295, 48298 (Aug. 

17, 2005). Drivers of commercial 

vehicles conduct pre-trip daily 

inspections. For vehicles with 

pneumatic brake systems, the in-cab air 

brake checks for warning light and 

buzzer, at 60 PSI, would familiarize the 

driver with the specific telltale 

displayed and audible warning in the 

event a low-air condition occurred 

during operation. 

(c) There are two scenarios when a 

low brake air pressure condition would 

exist: A parked vehicle and a moving 

vehicle. In both conditions, the driver 

would be alerted to a low-air condition 

by the following means: 

• Red contrasting color of the telltale 

indicating ‘‘BRAKE PRESSURE’’ 

• Audible alert to the driver as long 

as the vehicle has low air 

• Air pressure gauges for the primary 

and secondary air reservoirs clearly 

indicating the level of air pressure in the 

system 

• Red contrasting color on the air 

gauges indicating pressure below 60 PSI 

The functionality of both the parking 

brake system and the service brake 

system remains unaffected by using 

‘‘BRAKE PRESSURE’’ instead of ‘‘Brake 

Air’’ for the telltale in the subject 

vehicles. 

(d) NHTSA Precedents—Autocar 

Industries notes that NHTSA has 


asabaliauskas on DSKBBXCHB2PROD with NOTICESEN16AU17.000</GPH>
Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 38997 

previously granted petitions for 

decisions of inconsequential 

noncompliance for similar brake telltale 

issues. See Docket No. NHTSA–2012– 

0004, 78 FR 69931 (November 21, 2013) 

(grant of petition for Ford Motor 

Company); Docket No. NHTSA–2014– 

0046, 79 FR 78559 (December 30, 2014) 

(grant of petition for Chrysler Group, 

LLC); and Docket No. NHTSA–2016– 

0103, 82 FR 17084 (April 7, 2017) (grant 

of petition for Daimler Trucks North 

America). In all of these instances, the 

vehicles at issue did not have the exact 

requirements listed in FMVSS No. 101 

table 2. The available warnings were 

deemed sufficient to provide the 

necessary driver warning. Autocar 

Industries respectfully suggests that the 

same is true for the subject vehicles: The 

red ‘‘BRAKE PRESSURE’’ telltale, the 

audible alert, and the contrasting colors 

on the air pressure gauges are fully 

sufficient to warn the driver of a low 

brake air pressure situation. 

Autocar Industries 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. 

To view Autocar Industries’ petition 

analyses in its entirety you can visit 

https://www.regulations.gov by 

following the online instructions for 

accessing the dockets and by using the 

docket ID number for this petition 

shown in the heading of this notice. 

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 Autocar 

Industries 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 Autocar Industries 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. 

Jeffrey M. Giuseppe, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2017–17329 Filed 8–15–17; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2017–0064] 

Autocar Industries, 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: Autocar Industries, LLC 

(Autocar Industries), has determined 

that certain model year (MY) 2014–2018 

Autocar Xpert trucks do not fully 

comply with Federal Motor Vehicle 

Safety Standard (FMVSS) No. 101, 

Controls and Displays. Autocar 

Industries filed a noncompliance report 

dated June 12, 2017, and subsequently 

petitioned NHTSA on June 19, 2017, for 

a decision that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

DATES: The closing date for comments 

on the petition is September 15, 2017. 

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 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 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 Federal Holidays. 

• Electronically: Submit comments 

electronically by logging onto the 

Federal Docket Management System 

(FDMS) Web site 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 

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 

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: Autocar Industries has 

determined that certain MY 2014–2018 

Autocar Xpert trucks do not fully 

comply with Table 2 of Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

101, Controls and Displays. Autocar 

Industries filed a noncompliance report 

dated June 12, 2017, pursuant to CFR 

part 573, Defect and Noncompliance 

Responsibility and Reports, and 

petitioned NHTSA on June 19, 2017, 

pursuant to 49 U.S.C. 30118(d) and 

30120(h) and 49 CFR part 556, 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. 

This notice of receipt of their petition 

is published under 49 U.S.C. 30118 and 

30120 and does not represent any 

agency decision or other exercise of 


asabaliauskas on DSKBBXCHB2PROD with NOTICES