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

American Government Special Collections Reference Desk

American Government Recreational Vehicles Topics:  DRV

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

Jeffrey Giuseppe
National Highway Traffic Safety Administration
October 8, 2015


[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Notices]
[Pages 60955-60956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25641]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0092; Notice 1]


DRV, 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: DRV, LLC (DRV), a wholly owned subsidiary of Thor Industries, 
Inc., has determined that certain model year (MY) 2003-2016 DRV 
trailers do not fully comply with paragraph S8.1 of Federal Motor 
Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and 
Associated Equipment. DRV filed a report dated July 31, 2015, pursuant 
to 49 CFR part 573, Defect and Noncompliance Responsibility and 
Reports. On August 18, 2015, subsequent to filing the subject petition, 
DRV revised that report to include more complete information concerning 
the affected vehicles.

DATES: The closing date for comments on the petition is November 9, 
2015.

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 
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 above 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.

SUPPLEMENTARY INFORMATION:

I. Overview

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), DRV 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 DRV'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.

[[Page 60956]]

II. Trailers Involved

    Affected are approximately 7,465 of the following trailers:

 MY 2003-2016 DRV Mobile Suites (Manufactured between April 22, 
2003 and July 22, 2015)
 MY 2014-2015 DRV Traditions (Manufactured between April 1, 
2013 and July 24, 2015)
 MY 2013-2016 DRV Estates (Manufactured between April 1, 2012 
and July 24, 2015)
 MY 2006-2016 DRV Elite Suites (Manufactured April 1, 2005 and 
July 24, 2015)
 MY 2014-2016 DRV Full House (Manufactured April 1, 2013 and 
July 24, 2015)

III. Noncompliance

    DRV explained that the noncompliance is that the location of the 
front side reflex reflectors on the subject trailers are mounted 
between approximately 8'' and 10'' above the required 60'' height-
above-road surface required by paragraph S8.1 of FMVSS No. 108.

IV. Rule Text

    Paragraph S8.1 of FMVSS No. 108 requires in pertinent part:
    S8.1 Reflex reflectors.
* * * * *
    S8.1.4 Mounting Height. See Tables I-a, I-b, I-c.
* * * * *

                                Table I-b--Required Lamps and Reflective Devices
----------------------------------------------------------------------------------------------------------------
        Lighting device           Number and color  Mounting location   Mounting height     Device  activation
----------------------------------------------------------------------------------------------------------------
                                                  All Trailers
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Reflex Reflectors. A trailer     2 Amber None       On each side as    Not less than 15   Not applicable.
 equipped with a conspicuity      required on        far to the front   inches, nor more
 treatment in conformance with    trailers less      as practicable     than 60 inches.
 S8.2 of this standard need not   than 1829 mm [6    exclusive of the
 be equipped with reflex          ft] in overall     trailer tongue.
 reflectors if the conspicuity    length including
 material is placed at the        the trailer
 locations of the required        tongue.
 reflex reflectors.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

V. Summary of DRV's Arguments

    DRV stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety because the reflector is 
present as required by FMVSS No. 108 except that it is located above 
the maximum allowable height.
    DRV also has no complaints and does not know of any accidents that 
have occurred due to the reflectors being in their current positions.
    In summation, DRV believes that the described noncompliance of the 
subject trailers is inconsequential to motor vehicle safety, and that 
its petition, to exempt DRV 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 trailers that DRV no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on this petition does not relieve equipment 
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 DRV 
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,
Director, Office of Trailer Safety Compliance.
[FR Doc. 2015-25641 Filed 10-7-15; 8:45 am]
 BILLING CODE 4910-59-P



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