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Volvo Trucks North America and Mack Trucks, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

Trucking American Government Topics:  Volvo, Mack

Volvo Trucks North America and Mack Trucks, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

Claude H. Harris
National Highway Traffic Safety Administration
December 8, 2010

[Federal Register: December 8, 2010 (Volume 75, Number 235)]
[Notices]               
[Page 76518-76519]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de10-148]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0160; Notice 1]

 
Volvo Trucks North America and Mack Trucks, Inc., Receipt of 
Petition for Decision of Inconsequential Noncompliance

    North American Trucks on behalf of Volvo Trucks North America (VTN) 
and

[[Page 76519]]

Mack Trucks, Inc. (MTI) \1\ has determined that certain 2008 through 
2010 Volvo VHD model, 2008 and 2009 Volvo VHL model, 2008 and 2009 
Volvo VNL model, 2008 Volvo VT model, and 2008 through 2010 Mack CHU, 
CXU and GU model trucks that were built with certain Meritor WABCO ABS 
Modulator valves failed to meet the requirements of paragraph 
S5.3.4.1(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 121, 
Air Brake Systems. VTN and MTI filed appropriate reports pursuant to 49 
CFR Part 573, Defect and Noncompliance Responsibility and Reports; the 
original submission is dated April 10, 2010, and a corrected version is 
dated May 28, 2010.
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    \1\ Volvo Trucks North America and Mack Trucks, Inc., are both 
United States corporations that import and manufacture motor 
vehicles.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR Part 556), VTN and MTI have petitioned for an exemption from 
the notification and remedy requirements of 49 U.S.C. Chapter 301 on 
the basis that this noncompliance is inconsequential to motor vehicle 
safety.
    This notice of receipt of the VTN and MTI 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.
    VTN stated that the affected Volvo VNL, VNM, and VHD model trucks 
were manufactured from March 1, 2007 through December 11, 2009. A total 
of 1,916 affected Volvo trucks were manufactured of which 1,763 were 
sold in the U.S.
    MTI stated that the affected Mack CHU, CXU and GU model trucks were 
manufactured from March 1, 2007, through December 11, 2009. A total 
1,287 affected Mack trucks were manufactured of which 1,202 were sold 
in the U.S.
    Only the trucks sold in the United States are the subject of their 
petition.
    Paragraph S5.3.4.1(a) of FMVSS No. 121 requires:

    S5.3.4.1(a) With an initial service brake chamber air pressure 
of 95 psi, the air pressure in each brake chamber shall, when 
measured from the first movement of the service brake control, fall 
to 5 psi in not more than 0.55 second in the case of trucks and 
buses; 1.00 second in the case of trailers, other than trailer 
converter dollies, designed to tow another vehicle equipped with air 
brakes; 1.10 seconds in the case of trailer converter dollies; and 
1.20 seconds in the case of trailers other than trailers designed to 
tow another vehicle equipped with air brakes. A vehicle designated 
to tow another vehicle equipped with air brakes shall meet the above 
release time requirement with a 50-cubic-inch test reservoir 
connected to the control line output coupling. A trailer, including 
a trailer converter dolly, shall meet the above release time 
requirement with its control line input coupling connected to the 
test rig shown in Figure 1.
    (b) For vehicles designed to tow another vehicle equipped with 
air brakes, the pressure in the 50-cubic-inch test reservoir 
referred to in S5.3.4.1(a) shall, when measured from the first 
movement of the service brake control, fall to 5 psi in not more 
than 0.75 seconds in the case of trucks and buses, 1.10 seconds in 
the case of trailer converter dollies, and 1.00 seconds in the case 
of trailers other than trailer converter dollies.

    VTN and MTI state that the noncompliance is that the quick release 
service brake function may not activate properly during FMVSS No. 121 
brake pressure release certification testing due to an internal 
component variation in certain Meritor WABCO ABS modulator valves 
installed on the subject vehicles. As a result, certain vehicles may 
not comply with the FMVSS No. 121 brake pressure release timing 
requirement as specified in S5.3.4.1(a). However, VTN and MTI indicate 
that they do not believe that this issue has any effect on the ABS 
performance of the brake system.
    VTN and MTI also state that they have taken steps to correct the 
noncompliance in future production.
    VTN and MTI rely on the test report submitted with the petition to 
support their contention that the described FMVSS No. 121 noncompliance 
is inconsequential to motor vehicle safety.
    In summary, VTN and MTI believe that their petition, to exempt them 
from providing recall notification of noncompliance as required by 49 
U.S.C. 30118 and remedying the recall 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.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods:
    a. 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.
    b. By hand delivery 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 am to 5 pm except Federal Holidays.
    c. Electronically: By logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    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 your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: January 7, 2011.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: December 2, 2010.
Claude H. Harris,
Acting Associate Administrator for Enforcement.
[FR Doc. 2010-30839 Filed 12-7-10; 8:45 am]
BILLING CODE 4910-59-P

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