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

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

Topics: National Highway Traffic Safety Administration, Forest River r-pod

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

Claude H. Harris
Federal Register
August 29, 2011

[Federal Register Volume 76, Number 167 (Monday, August 29, 2011)]
[Notices]
[Pages 53715-53717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21953]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2011-0040; Notice 1]

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

Forest River, Inc. (Forest River),\1\ has determined that
approximately 2,741 model years 2009-2011 R-Pod travel trailers that it
manufactured from October 27, 2008 through November 30, 2010, fail to
meet the requirements of paragraph S5.1.1 of Federal Motor Vehicle
Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and
Associated Equipment. Forest River has filed an appropriate report
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports, dated December 14, 2010.
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\1\ Forest River, Inc., is a manufacturer of motor vehicles and
is organized under the laws of the state of Indiana.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Forest River 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 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.
Forest River estimates that a total of approximately 2,741 model
year 2009-2011 R-Pod model travel trailers are affected, of which 2,697
were manufactured in Forest River's Surveyor Division plant in Goshen,
Indiana and 44 were manufactured in its Surveyor Division plant in
Dallas, Oregon.
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, these provisions
only apply to the 2,741 \2\ vehicles that have already passed from the
manufacturer to an owner, purchaser, or dealer.
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\2\ Forest River's petition, which was filed under 49 CFR part
556, requests an agency decision to exempt Forest River as a vehicle
manufacturer from the notification and recall responsibilities of 49
CFR part 573 for the 2,741 affected vehicles. However, the agency
cannot relieve Forest River distributors of the prohibitions on the
sale, offer for sale, or introduction or delivery for introduction
into interstate commerce of the noncompliant vehicles under their
control after Forest River recognized that the subject noncompliance
existed. Those vehicles must be brought into conformance, exported,
or destroyed.
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Paragraph S5.1.1 of FMVSS No. 108 requires in pertinent part:

S5.1 Required motor vehicle lighting equipment.
S5.1.1 Except as provided in succeeding paragraphs of this
S5.1.1, each vehicle shall be equipped with at least the number of
lamps, reflective devices, and associated equipment specified in
Tables I and III and S7, as applicable. Required equipment shall be
designed to conform to the SAE Standards or Recommended Practices
referenced in those tables. Table I applies to multipurpose
passenger vehicles, trucks, trailers, and buses, 80 or more inches
in overall width. Table III applies to passenger cars and
motorcycles and to multipurpose passenger vehicles, trucks,
trailers, and buses, less than 80 inches in overall width * * *

[[Page 53716]]

Table I--Required Motor Vehicle Lighting Equipment Other Than Headlamps
[Multipurpose passenger vehicles, trucks, trailers, and buses, of 80 or more inches overall width]
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Multipurpose Applicable SAE standard or
Item passenger vehicles, Trailers recommended practice (See S5 for
trucks, and buses subreferenced SAE materials)
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Taillamps....................... 2 red.............. 2 red.............. J585e, September 1977.
Stoplamps....................... 2 red.............. 2 red.............. SAE J1398, May 1985.
License plate lamp.............. 1 white............ 1 white............ J587 October 1981.
Reflex reflectors............... 4 red; 2 amber..... 4 red; 2 amber..... J594f, January 1977.
Side marker lamps............... 2 red; 2 amber..... 2 red; 2 amber..... J592e, July 1972.
Backup lamp..................... 1 white............ None............... J593c, February 1968.
Turn signal lamps............... 2 red or amber; 2 2 red or amber..... SAE J1395, April 1985.
amber.
Turn signal operating unit...... 1.................. None............... J589, April 1964.
Turn signal flasher............. 1.................. None............... J590b, October 1965.
Vehicular hazard warning signal 1.................. None............... J910, January 1966.
operating unit.
Vehicular hazard warning signal 1.................. None............... J945, February 1966.
flasher.
Identification lamps............ 3 amber; 3 red..... 3 red.............. J592e, July 1972.
Clearance lamps................. 2 amber; 2 red..... 2 amber, 2 red..... J592e, July 1972.
Intermediate side marker lamps.. 2 amber............ 2 amber............ J592e, July 1972.
Intermediate side reflex 2 amber............ 2 amber............ J594f, January 1977.
reflectors.
Conspicuity..................... See S5.7........... See S5.7........... See S5.7
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Note: (1) The term overall width refers to the nominal design
dimension of the widest part of the vehicle, exclusive of signal
lamps, marker lamps, outside rearview mirrors, flexible fender
extensions, and mud flaps, determine with doors and windows closed,
and the wheels in the straight-ahead position.
This supersedes the interpretation of the term ``overall width''
appearing in the Federal Register of March 1, 1967 (32 FR 3390).

Forest River described the noncompliances as the absence of the
clearance lamps and marker lamps required by paragraph S5.1.1 of FMVSS
No. 108.
Forest River explained that its original interpretation of the
requirements of FMVSS No. 108 caused it to believe that because the
bodies of the subject trailers, not including the fenders, are less
than 80 inches in width that clearance lamps and marker lamps were not
required.
Forest River further explained that based on a consumer complaint
NHTSA's Office of Vehicle Safety Compliance (OVSC) inspected a number
of the subject vehicles and found that based on the width of the
vehicles, including the fenders, that clearance lamps and marker lamps
were required on the vehicles due to the requirements of paragraph
S5.1.1, Table 1 of FMVSS No. 108.
In its petition Forest River argues that the noncompliance is
inconsequential to motor vehicle safety for the following reasons:
(1) The cost of correcting the noncompliance is substantial.
(2) Installation of clearance lamps and marker lamps on fully
assembled vehicle has the potential of causing deterioration of the
vehicles if the remedy is not completed correctly.
(3) ``The box of the unit [subject vehicle] is under the 80 inch
width and is properly marked according to Table IV of [49 CFR] 571.108.
The fenders are low on each side of the unit.''
Forest River additionally states that it has corrected the subject
noncompliances so that future production of its R-Pod travel trailer
will conform with all applicable requirements of FMVSS No. 108.
Supported by the above stated reasons, Forest River believes that
the described FMVSS No. 108 noncompliance is inconsequential to motor
vehicle safety, and that its petition, to exempt it 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.
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 be submitted by
any of the following methods:
a. 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.
b. By hand delivery 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.
c. 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 1-202-493-2251.
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,

[[Page 53717]]

notice of the decision will be published in the Federal Register
pursuant to the authority indicated below.
Comment closing date: September 28, 2011.

Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8).

Issued on: August 22, 2011.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2011-21953 Filed 8-26-11; 8:45 am]
BILLING CODE 4910-59-P