Forest River, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

Topics:  Forest River

Claudia W. Covell
National Highway Traffic Safety Administration
16 April 2018

[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16426-16428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07828]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0003; Notice 1]


Forest River, 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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[[Page 16427]]

SUMMARY: Forest River, Inc. (Forest River), has determined that certain 
model year (MY) 2017-2018 Forest River buses and school buses do not 
fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 
205, Glazing Materials. Forest River filed two separate noncompliance 
reports, both dated November 30, 2017. Forest River then petitioned 
NHTSA on December 12, 2017, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is May 16, 2018.

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 
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 Delivery: 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) 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: Forest River has determined that certain MY 2017-2018 
Forest River buses and school buses do not fully comply with FMVSS No. 
205, Glazing Materials (49 CFR 571.205). Forest River filed two 
separate noncompliance reports, both dated November 30, 2017, pursuant 
to 49 CFR part 573, Defect and Noncompliance Responsibility and 
Reports. Forest River then petitioned NHTSA on December 12, 2017, 
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an 
exemption from the notification and remedy requirements of 49 U.S.C. 
Chapter 301 on the basis that this noncompliance is inconsequential as 
it relates to motor vehicle safety.
    This notice of receipt of Forest River'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. Buses Involved: Approximately 544 MY 2017-2018 Forest River 
school buses and approximately 2,121 MY 2017-2018 Forest River buses, 
manufactured between June 26, 2017, and November 10, 2017, are 
potentially involved. The following Forest River buses are involved:

School Buses
     Starcraft Allstar XL, Quest XL and Prodigy
Buses
     Starcraft Allstar XL, Allstar, Starlite, XLT, Starquest, 
and Allstar MVP
     Startrans President, PS2, Senator, Senator II, Candidate, 
and Candidate II
     Glaval Apollo, Commute, Concorde II, Entourage, Legacy, 
Primetime, Sport, Titan II, Titan II LF and Universal
     Elkhart Coach ECII

    III. Noncompliance: Forest River explains that the noncompliance is 
that the subject buses were equipped with curbside entry door glass 
that does not fully comply with paragraph S6 of FMVSS No. 205. 
Specifically, the curbside entry door glass has the AS3 privacy glazing 
marking when it should have been marked with the AS2 solar glazing 
marking.
    IV. Rule Requirements: Paragraphs S6, S6.1(a)(b), S6.2, and 
S6.3(a)(b) of FMVSS No. 205 include the requirements relevant to this 
petition:
     A Prime glazing material manufacturer must certify, in 
accordance with 49 U.S.C. 30115, each piece of glazing material to 
which this standard applies is designed as:
    A. A component of any specific motor vehicle or camper; or
    B. to be cut into components for use in motor vehicles or items of 
motor vehicle equipment.
     A prime glazing manufacturer certifies its glazing by 
adding to the marks required by section 7 of ANSI/SAE Z26.1-1996, in 
letters and numerals of the same size, the symbol ``DOT'' and a 
manufacturer's code mark that NHTSA assigns to the manufacturer.
     NHTSA will assign a code mark to a manufacturer after the 
manufacturer submits a written request to the Office of Vehicle Safety 
Compliance, National Highway Traffic Safety Administration. The request 
must include the company name, address, and a statement from the 
manufacturer certifying its status as a prime glazing manufacturer as 
defined in paragraph S4.
     A manufacturer or distributor who cuts a section of 
glazing material to which this standard applies, for use in a motor 
vehicle or camper, must:
    A. Mark that material in accordance with section 7 of ANSI/SAE 
Z26.1-1996; and
    B. certify that its product complies with this standard in 
accordance with 49 U.S.C. 30115.
    V. Summary of Forest River's Petition: Forest River 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, Forest River submitted the following 
reasoning:
    1. As an initial matter, the noncompliance does not present a 
safety risk because it has no effect on the structure, performance, or 
safety of the glass. That is, the noncompliance relates solely to the 
glass' markings, specifically the use of the marking ``AS3,'' instead 
of ``AS2.''

[[Page 16428]]

    2. The glass required for the subject buses and school buses must 
meet the requirements of ANSI 26.1-1996 AS2. Forest River requested 
that a sample of the glass be tested to ensure its compliance with all 
applicable standards. The test results have affirmed that the glass 
indeed meets ANSI 26.1-1996 AS2's requirements and is compliant for the 
designed position in which it is applied.
    3. Forest River is enclosing copies of statements from the glass 
manufacturer Cleer Vision, and test data confirming the glass' 
compliance with ANSI and FMVSS No. 205's performance standards.
    4. Forest River stated that the agency has previously granted 
numerous petitions for determinations of inconsequential noncompliance 
in regard to FMVSS No. 205, including petitions involving mismarkings 
similar to the instant matter. See the following recent examples:
    a. Mitsubishi Motors North America, Inc. Petition, 80 FR 72482 
(November 19, 2015) (involving rear door windows marked with the model 
number ``M66'' instead of the correct ``M131'');
    b. Custom Glass Solutions Upper Sandusky Corporation Petition, 79 
FR 49833 (January 23, 2015) (involving laminated glass panes mistakenly 
marked as ``tempered'' and with the incorrect manufacturer's DOT 
number, model number, and manufacturer's trademark).
    c. Mitsubishi Motors North America, Inc. Petition, 79 FR 49833 
(August 22, 2014) (involving rear door windows marked with the model 
number ``M13l'' instead of the correct ``M129'');
    d. General Motors LLC Petition, 79 FR 23402 (April 28, 2014) 
(involving quarter windows marked as ``AS2'' instead of the correct 
``AS3'').
    Forest River concluded by expressing the belief 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.
    Forest River's complete petition and all supporting documents are 
available by logging onto the Federal Docket Management System (FDMS) 
website at: https://www.regulations.gov and following the online search 
instructions to locate the docket number listed in the title of this 
notice.
    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 Forest River 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 Forest 
River 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.

Claudia W. Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-07828 Filed 4-13-18; 8:45 am]
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