[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Notices]
[Page 21189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8930]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2004-17437; Notice 1]
PACCAR, Inc., Receipt of Petition for Decision of Inconsequential
Noncompliance
PACCAR, Inc. (PACCAR), has determined that the trailer antilock
brake system (ABS) warning lights on certain vehicles that were
produced by Peterbilt Motors Company (Peterbilt), a division of PACCAR,
from April 3, 2003 to November 28, 2003 do not comply with S5.1.6.2(b)
of Federal Motor Vehicle Safety Standard (FMVSS) No. 121, ``Air brake
systems.'' PACCAR has filed an appropriate report pursuant to 49 CFR
Part 573, ``Defect and Noncompliance Reports.''
Pursuant to 49 U.S.C. 30118(d) and 30120(h), PACCAR has 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 PACCAR'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.
Approximately 4009 Peterbilt models 378, 379, 385, and 387 are
affected. S5.1.6.2(b) of FMVSS No. 121 requires that ``Each * * * truck
tractor * * * shall * * * be equipped with an indicator lamp * * *
which is activated whenever the [antilock brake system] malfunction
signal circuit * * * receives a signal indicating an ABS malfunction on
one or more towed vehicle(s).''
The affected vehicles have two types of fluorescent lights
installed in the cab sleeper. These lights create an electromagnetic
interference (EMI) with the trailer ABS malfunction signal manufactured
by Power Line Carrier (PLC). The fluorescent lights, when on, can
interfere with the proper operation of the PLC signal, preventing the
telltale from functioning. The PLC signal and the telltale operate
correctly when the fluorescent light in the sleeper is off.
PACCAR believes that the noncompliance is inconsequential to motor
vehicle safety, and that no corrective action is warranted. PACCAR
states that the in-cab trailer ABS malfunction warning lamp is
redundant to the existing trailer ABS malfunction indicator lamp
located on the exterior of the trailer and visible from the driver side
mirror. PACCAR explains, ``Prior to the in-cab warning lamp, the
trailer mounted indicator was the only warning available to drivers.
The indicator on the exterior of the trailer is not affected by this
defect and would continue to warn the driver in the event of a trailer
ABS malfunction. All trailers are required to be equipped with an
external antilock malfunction indicator lamp through March 1, 2009.''
PACCAR states that the in-cab warning lamp will not function only
if the fluorescent light in the sleeper is on. PACCAR asserts that this
is not likely to occur while the vehicle is being driven and if so, it
would be a small percentage of the time.
PACCAR explains that not all suspect vehicles will exhibit the
behavior, because due to manufacturing variances, some fluorescent
lights emit more EMI than others. PACCAR states that the PLC signal
strength from the trailer is also a factor. PACCAR explains that the
telltale will operate normally in most cases with a strong trailer PLC
signal and only marginal EMI; however the telltale will not operate
with a normal to marginal trailer PLC signal and high EMI.
PACCAR also states that the foundation brakes on the trailer are
not impacted.
Interested persons are invited to submit written data, views, and
arguments on the petition described above. 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. Mail: Docket Management
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC, 20590-0001. Hand
Delivery: Room PL-401 on the plaza level of the Nassif Building, 400
Seventh Street, SW., Washington, DC. It is requested, but not required,
that two copies of the comments be provided. The Docket Section is open
on weekdays from 10 am to 5 pm except Federal Holidays. Comments may be
submitted electronically by logging onto the Docket Management System
Web site at http://dms.dot.gov. Click on ``Help'' to obtain
instructions for filing the document electronically. Comments may be
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking
Portal: go to http://www.regulations.gov. Follow the online
instructions for submitting comments.
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: May 20, 2004.
(Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR
1.50 and 501.8).
Issued on: April 14, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-8930 Filed 4-19-04; 8:45 am]
BILLING CODE 4910-59-P
