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Thor Industries, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

American Government Recreational Vehicles Topics:  Livin' Lite RV

Thor Industries, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

Jeffrey Giuseppe
National Highway Traffic Safety Administration
March 28, 2014


[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Notices]
[Pages 17649-17650]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06923]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0123; Notice 1]


Thor Industries, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of Petition.

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SUMMARY: Livin' Lite RV, Inc. (Livin' Lite), a wholly owned subsidiary 
of Thor Industries, Inc. (Thor), has determined that certain model year 
Livin' Lite RV trailers manufactured between November 7, 2008 and 
September 10, 2013, do not fully comply with paragraph S9 of Federal 
Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims 
and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity 
Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 
pounds) or less and paragraph S10 of FMVSS No. 120, Tire Selection and 
Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity 
Information for Motor Vehicles with a GVWR of more than 4,536 kilograms 
(10,000 pounds). Thor has filed an appropriate report dated November 7, 
2013, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports.

DATES: The closing date for comments on the petition is April 28, 2014.

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 at the beginning of this notice and must 
be 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 Deliver: 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 http://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 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.

[[Page 17650]]


SUPPLEMENTARY INFORMATION:
    I. Thor's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
(see implementing rule at 49 CFR part 556), Thor submitted a petition 
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 Thor'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.
    II. RV Trailers Involved: Affected are approximately 3,465 RV 
trailers manufactured between November 7, 2008 and September 10, 2013. 
The trailer models affected are Livin' Lite model year (MY) 2008-2014 
Quicksilver, MY 2009-2014 Camplite, MY 2009-2014 VRV, MY 2009-2014 
Bearcat, and MY 2013-2014 Axxess.
    III. Noncompliance: Thor explains that the noncompliance is that of 
the absence of the Cargo Carrying Capacity (CCC) label that is required 
by paragraph S9 of FMVSS No. 110 and paragraph S10 of FMVSS No. 120 for 
all motor homes and RV Trailers.
    IV. Rule Text: Paragraph S9 of FMVSS No. 110 requires in pertinent 
part:

    . . . S9.3 Each motor home and RV Trailer single stage or final 
stage manufacturer must affix either a motor home occupant and cargo 
carrying capacity (OCCC) label (Figure 3) or a RV trailer cargo 
carrying capacity (CCC) label (Figure 4) to its vehicles that meets 
the following criteria . . .

    Paragraph S10 of FMVSS No. 120 requires in pertinent part:

    . . . S10.4 Each motor home and RV Trailer single stage or final 
stage manufacturer must affix either a motor home occupant and cargo 
carrying capacity (OCCC) label (Figure 1) or a RV trailer cargo 
carrying capacity (CCC) label (Figure 2) to its vehicles that meets 
the following criteria . . .

    V. Summary of Thor's Analyses: Thor stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    1. The cargo carrying capacity information displayed on the CCC 
label is redundant since it is also displayed on the Tire Placard Label 
as required by paragraph S4.3 of FMVSS No. 110.
    2. Although the Tire Placard Label is not required on trailers over 
10,000 lbs GVWR, Thor placed the Tire Placard Label on all trailers it 
produced and is located on the trailer tongue next to the Federal 
Certification Label.
    3. The Livin' Lite Owner's manuals (which can be found on 
www.livinlite.com) instruct owners on the loading of their vehicle and 
where to find the required ratings that are displayed on the Federal 
Certification Label.
    4. The Manufacturer's Certificate of Origin (MSO) also contains 
both the Gross Vehicle Weight Rating (GVWR) and the unloaded vehicle 
weight (UVW). The difference of these two numbers would also give the 
owner the available CCC of the trailer.
    5. Thor had received no complaints or inquiries regarding cargo 
carrying capacity from any of its owners or dealers.
    6. Thor also stated its belief that NHTSA has previously stated (72 
FR 68442-68466, December 4, 2007) that the most important time for RV 
purchasers to receive the CCC information is at the point-of-sale.
    Thor has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production of these trailers will 
fully comply with FMVSS Nos. 110 and 120.
    In summation, Thor believes that the described noncompliance of the 
subject trailers is inconsequential to motor vehicle safety, and that 
its petition, to exempt 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. Therefore, any decision on 
this petition only applies to the subject noncompliant trailers that 
Thor no longer controlled at the time it determined that the 
noncompliance existed. However, any decision on this petition does not 
relieve trailer distributors and dealers of the prohibitions on the 
sale, offer for sale, or introduction or delivery for introduction into 
interstate commerce of the noncompliant trailers under their control 
after Thor 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 Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-06923 Filed 3-27-14; 8:45 am]
BILLING CODE 4910-59-P



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