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Gillig, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

American Government Buses Topics:  Gillig

Gillig, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

Otto G. Matheke III
National Highway Traffic Safety Administration
20 September 2019


[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Notices]
[Pages 49624-49625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20378]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0042; Notice 1]


Gillig, 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: Gillig LLC, has determined that certain model year (MY) 2013-
2019 Gillig Low Floor buses do not fully comply with Federal Motor 
Vehicle Safety Standard (FMVSS) No. 102, Transmission Shift Position 
Sequence, Starter Interlock, and Transmission Braking Effect. Gillig 
filed a noncompliance report dated April 1, 2019, and later amended 
their report on April 23, 2019. Gillig subsequently petitioned NHTSA on 
May 8, 2019, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety. This notice 
announces receipt of Gillig's petition.

DATES: Send comments on or before October 21, 2019.

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 may be 
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 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: Gillig has determined that certain MY 2013-2019 Low 
Floor buses do not fully comply with paragraph S3.1.3 of FMVSS No. 102, 
Transmission Shift Position Sequence, Starter Interlock, and 
Transmission Braking Effect (49 CFR 571.102). Gillig filed a 
noncompliance report dated April 1, 2019, and later amended their 
report on April 23, 2019, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports. and subsequently petitioned 
NHTSA on May 8, 2019, for an exemption from the notification and remedy 
requirement 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.
    This notice of receipt of Gillig's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercises of judgment concerning the merits of the petition.
    II. Buses Involved: Approximately 925 MY 2013-2019 Gillig Low Floor 
buses, manufactured between December 23, 2013, and February 25, 2019, 
are potentially involved.
    III. Noncompliance: Gillig explains that the noncompliance is that 
the subject buses are equipped with a starter interlock that is 
operational while the transmission shift position is in a forward or 
reverse drive position and therefore, does not meet the requirements in 
paragraph S3.1.3 of FMVSS No. 102.
    IV. Rule Requirements: Paragraph S3.1.3 of FMVSS No. 102 provides 
the requirements relevant to this petition. Except as provided in 
paragraphs S3.1.3.1 through S3.1.3.3, the engine starter shall be 
inoperative when the transmission shift position is in a forward or 
reverse drive position.

[[Page 49625]]

    V. Summary of Petition: Gillig 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, Gillig 
submitted the following reasoning:

    1. The potentially non-compliant condition occurs as follows: 
When the ignition switch is in the ON position, the engine is 
stopped, the shift selector is in the ``Forward'' or ``Reverse'' 
position, and the start button is depressed, the starter cranks the 
engine, but the transmission does not engage because, according to 
ATI, the shifter is in an inhibited state. With the engine running, 
the vehicle operator must perform four separate actions in a 
specific sequence to engage the transmission and move the vehicle 
under power, specifically: (a) place foot on brake (b) select 
neutral (c) select a gear, and (d) remove foot from foot brake. 
Fortunately, because the transmission controller defaults the 
transmission to neutral after an engine start, there is no risk of 
unintentional vehicle movement, and thus, no safety risk arises as a 
result of the non-compliant condition.

    Gillig concluded 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.
    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 buses that Gillig 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 Gillig 
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. 2019-20378 Filed 9-19-19; 8:45 am]
 BILLING CODE 4910-59-P

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