82 FR 47076 - Forest River, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 194 (October 10, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 194 (October 10, 2017)
| Page Range | 47076-47078 | |
| FR Document | 2017-21666 |
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)] [Notices] [Pages 47076-47078] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21666] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2016-0096; 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. ----------------------------------------------------------------------- SUMMARY: Forest River, Inc. (Forest River), has determined that certain model year (MY) 2008-2016 Glaval, 2012-2016 Starcraft, and 2014-2016 StarTrans buses do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus emergency exits and window retention and release. Forest River filed reports dated April 14, 2016, and subsequently revised those reports on June 7, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Forest River then petitioned NHTSA under 49 CFR part 556 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 November 9, 2017. 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 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 [[Page 47077]] Federal Docket Management System (FDMS) Web site 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. The petition, supporting materials, and all comments 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 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 documents 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 the Federal Register notice published on April 11, 2000, (65 FR 19477-78). SUPPLEMENTARY INFORMATION: I. Overview Forest River, Inc. (Forest River), has determined that certain model year (MY) 2008-2016 Glaval, 2012-2016 Starcraft, and 2014-2016 StarTrans buses do not fully comply with paragraph S5.5.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus emergency exits and window retention and release. Forest River filed reports dated April 14, 2016, and subsequently revised those reports on June 7, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Forest River then petitioned NHTSA under 49 CFR part 556, pursuant to 49 U.S.C. 30118(d) and 30120(h) and their implementing regulations at 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 Affected are approximately 476 MY 2014-2016 StarTrans Bus Senator 2, Senator HD, Candidate 2, President, and PS 2 model buses manufactured between May 16, 2014 and April 6, 2016; approximately 7,716 MY 2012-2016 Starcraft Bus Xpress, Starquest, Starlite, Allstar, Allstar XL, MVP, Ultrastar, and XLT model buses manufactured between January 1, 2012 and April 6, 2016; and approximately 1,860 MY 2008-2016 Forest River, Inc. Glaval Bus Apollo, Concorde II, Entourage, Legacy, Primetime, Sport, Titan, Titan II and Titan II Low Floor model buses manufactured between August 1, 2008 and March 6, 2016. III. Noncompliance Forest River explains that the noncompliance results from the misplacement of the emergency egress labels on the emergency exit doors of the subject buses. Specifically, the emergency egress labels on the affected buses were centered on the window and are located within 25 centimeters of each of the release mechanisms, and not within 16 centimeters, as required by paragraph S5.5.1 of FMVSS No. 217. The labels are approximately 11 centimeters (or 4 inches) from where they are required to be on the exit doors. IV. Rule Text Paragraph S5.5.1 of FMVSS No. 217 requires in pertinent part: S5.5.1 In buses other than school buses, and except for windows serving as emergency exits in accordance with S5.2.2.3(b) and doors in buses with a GVWR of 10,000 pounds or less, each emergency exit door shall have the designation ``Emergency Door'' or ``Emergency Exit,'' and every other emergency exit shall have the designation ``Emergency Exit'' followed by concise operating instructions describing each motion necessary to unlatch and open the exit, located within 16 centimeters of the release mechanism. . . . 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: (a) Since the promulgation of the FMVSS No. 217 original final rule, the primary purpose in requiring the emergency exit markings to be located within a set distance from the release mechanism has been to ensure that they are: (1) Located near the point of release and (2) are visible to passengers. See 37 FR 9394, 9395 (May 10, 1972, final rule). Both of these safety objectives are still met in the affected Forest River vehicles. (b) All of the emergency egress windows are located on the rear wall of the affected buses. The markings are readable and the instructions on how to operate the release mechanism are concise and understandable as currently installed. The release mechanism is painted red, and contrasts with the black window frame and hardware. Centered in the window, the emergency exit marking is unobstructed by any other part of the window or the vehicle and should be readily apparent to passengers. Consequently, the location of the emergency egress designation labels in relation to the release mechanism do not compromise safety with regard to a passenger's ability to identify an emergency egress location or easily operate the release mechanism. (c) The affected vehicles are transit buses, generally operated by private companies and would typically have trained drivers operating the vehicles and present to assist passengers exiting the vehicle in the event of an emergency. With a trained professional driver present, an emergency exit marking that is located approximately 4 inches further than allowed from the release mechanism is unlikely to have any tangible impact on passenger safety. (d) The agency has previously granted petitions for inconsequential noncompliance under FMVSS No. 217 for conditions with the potential for a more direct and serious impact on safety. See NHTSA Docket No. 98- 3791, New Flyer of America, Inc. (granting petition for inconsequential noncompliance where buses were manufactured with only one emergency exit instead of two); NHTSA Docket No. 2005-20545, IC Corporation, (granting petition for inconsequential noncompliance where school buses were manufactured with two emergency doors under the same post and roof bow panel space). (e) Forest River is not aware of any complaints, warranty claims, accidents, injuries, or other field incidents related to the emergency egress markings not meeting the requirements of the standard. Forest River has corrected the [[Page 47078]] noncompliance on all of the remaining windows in its possession. Forest River is also advised that Lippert Components, Inc. (LCI), the manufacturer of the windows and emergency exit marking labels, has corrected the noncompliance in its own production beginning on April 7, 2016. Forest River's complete petition and all supporting documents are available by logging onto the Federal Docket Management System (FDMS) Web site at: https://www.regulations.gov/ and following the online search instructions to locate the docket number listed in the title of this notice. In summation, Forest River believes that the described noncompliance in the subject buses is inconsequential as it relates to motor vehicle safety, and that its petition to exempt Forest River from providing notification of the noncompliance, as required by 49 U.S.C. 30118, and remedying the 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 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. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2017-21666 Filed 10-6-17; 8:45 am] BILLING CODE 4910-59-P
![47076 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Notices
version of the MY 2010 Lamborghini statement of conformity and associated Authority: 49 U.S.C. 30118, 30120:
Murcielago PC), and they are capable of documents (‘‘conformity package’’) it delegations of authority at 49 CFR 1.95 and
being readily altered to conform to the submits to the NHTSA under 49 CFR 501.8.
standards. part 592.6(d) explicit proof to confirm Jeffrey M. Giuseppe,
DATES: This decision became effective that the vehicle was, where applicable, Director, Office of Vehicle Safety Compliance.
on October 3, 2017. originally manufactured to conform to, [FR Doc. 2017–21665 Filed 10–6–17; 8:45 am]
FOR FURTHER INFORMATION CONTACT: or was successfully altered to conform BILLING CODE 4910–59–P
George Stevens, Office of Vehicle Safety to, FMVSS No. 101 Controls and
Compliance, NHTSA (202–366–5308). Displays, FMVSS No. 138, Tire Pressure
SUPPLEMENTARY INFORMATION:
Monitoring Systems, FMVSS No. 208, DEPARTMENT OF TRANSPORTATION
Occupant Crash Protection, and FMVSS
Background No. 301 Fuel System Integrity. This National Highway Traffic Safety
Under 49 U.S.C. 30141(a)(1)(A), a proof must include detailed Administration
motor vehicle that was not originally descriptions of all modifications made, [Docket No. NHTSA–2016–0096; Notice 1]
manufactured to conform to all including a detailed description of
applicable FMVSS shall be refused systems in place (if any) on the vehicle Forest River, Inc., Receipt of Petition
admission into the United States unless as delivered to the RI, and a similarly for Decision of Inconsequential
NHTSA has decided that the motor detailed description of alterations made Noncompliance
vehicle is substantially similar to a to the vehicle and said systems,
motor vehicle originally manufactured including photographs of all required AGENCY: National Highway Traffic
for importation into and sale in the labeling. The descriptions must also Safety Administration (NHTSA),
United States, certified as required include parts assembly diagrams and Department of Transportation (DOT).
under 49 U.S.C. 30115, and of the same associated part numbers for all ACTION: Receipt of petition.
model year as the model of the motor components that were removed from or
installed in the vehicle, an accounting SUMMARY: Forest River, Inc. (Forest
vehicle to be compared, and is capable
of any computer programming River), has determined that certain
of being readily altered to conform to all
modifications undertaken and a model year (MY) 2008–2016 Glaval,
applicable FMVSS.
description of how compliance was 2012–2016 Starcraft, and 2014–2016
Petitions for eligibility decisions may
verified after alteration of the vehicle. StarTrans buses do not fully comply
be submitted by either manufacturers or
with Federal Motor Vehicle Safety
importers who have registered with In addition to the information Standard (FMVSS) No. 217, Bus
NHTSA pursuant to 49 CFR part 592. As specified above, each conformity emergency exits and window retention
specified in 49 CFR 593.7, NHTSA package must also include evidence and release. Forest River filed reports
publishes notice in the Federal Register showing how the RI verified that the dated April 14, 2016, and subsequently
of each petition that it receives, and changes it made in loading or revised those reports on June 7, 2016,
affords interested persons an reprograming vehicle software to pursuant to 49 CFR part 573, Defect and
opportunity to comment on the petition. achieve conformity with each separate Noncompliance Responsibility and
At the close of the comment period, FMVSS, did not also cause the vehicle Reports. Forest River then petitioned
NHTSA decides, on the basis of the to fall out of compliance with any other NHTSA under 49 CFR part 556 for a
petition and any comments that it has applicable FMVSS. decision that the subject noncompliance
received, whether the vehicle is eligible
Decision is inconsequential as it relates to motor
for importation. The agency then
vehicle safety.
publishes this decision in the Federal
Accordingly, on the basis of the DATES: The closing date for comments
Register.
G&K Automotive Conversion, Inc., of foregoing, NHTSA hereby decides that on the petition is November 9, 2017.
Santa Ana, CA (G&K) (Registered MY 2010 Lamborghini Murcielago ADDRESSES: Interested persons are
Importer #RI–90–007), petitioned passenger cars that were not originally invited to submit written data, views,
NHTSA to decide whether MY 2010 manufactured to comply with all and arguments on this petition.
Lamborghini Murcielago PCs are eligible applicable FMVSS, are substantially Comments must refer to the docket and
for importation into the United States. similar to MY 2010 Lamborghini notice number cited in the title of this
NHTSA published a notice of the Murcielago passenger cars notice and submitted by any of the
petition on May 2, 2017 (82 FR 20532) manufactured for importation into and/ following methods:
to afford an opportunity for public or sale in the United States, and • Mail: Send comments by mail
comment. No comments were received certified under 49 U.S.C. 30115, and are addressed to: U.S. Department of
in response to this petition. The reader capable of being readily altered to Transportation, Docket Operations,
is referred to the receipt notice for a conform to all applicable Federal Motor M–30, West Building Ground Floor,
thorough description of the petition. Vehicle Safety Standards. Room W12–140, 1200 New Jersey
Vehicle Eligibility Number for Subject Avenue SE., Washington, DC 20590.
NHTSA’s Conclusions • Hand Deliver: Deliver comments by
Vehicles
NHTSA has reviewed the petition and hand to U.S. Department of
has concluded that the vehicles covered The importer of a vehicle admissible Transportation, Docket Operations,
by the petition are substantially similar under any final decision must indicate M–30, West Building Ground Floor,
sradovich on DSK3GMQ082PROD with NOTICES
to MY 2010 Lamborghini Murcielago on the form HS–7 accompanying entry Room W12–140, 1200 New Jersey
PCs and are capable of being readily the appropriate vehicle eligibility Avenue SE., Washington, DC 20590.
altered to comply with all applicable number indicating that the vehicle is The Docket Section is open on
FMVSS. eligible for entry. VSP–595 is the weekdays from 10 a.m. to 5 p.m. except
NHTSA has also concluded that each vehicle eligibility number assigned to Federal Holidays.
RI who imports and modifies one of vehicles admissible under this notice of • Electronically: Submit comments
these vehicles must include in the final decision. electronically by logging onto the
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![47078 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Notices
noncompliance on all of the remaining LOCATION: 2301 Constitution Avenue FOR FURTHER INFORMATION CONTACT:
windows in its possession. Forest River NW., Washington, DC 20037. Cynthia Harvey-Pryor, Enterprise
is also advised that Lippert STATUS: Open Session—Portions may be Records Service (005R1B), Department
Components, Inc. (LCI), the closed pursuant to Subsection (c) of of Veterans Affairs, 810 Vermont
manufacturer of the windows and Section 552(b) of Title 5, United States Avenue NW., Washington, DC 20420,
emergency exit marking labels, has Code, as provided in subsection (202) 461–5870 or email
corrected the noncompliance in its own 1706(h)(3) of the United States Institute Cynthia.harvey.pryor@va.gov. Please
production beginning on April 7, 2016. of Peace Act, Public Law 98–525. refer to ‘‘OMB Control No. 2900–0379’’
Forest River’s complete petition and AGENDA: October 20, 2017 Board in any correspondence.
all supporting documents are available Meeting: Chairman’s Report; Vice SUPPLEMENTARY INFORMATION:
by logging onto the Federal Docket Chairman’s Report; President’s Report; Authority: 38 U.S.C. 3485.
Management System (FDMS) Web site Approval of Minutes of the One
at: https://www.regulations.gov/ and Title: Time Record (Work-Study
Hundred and Sixty Second Meeting
following the online search instructions Program), (VA Form 22–8960).
(April 21, 2017) and the One Hundred
to locate the docket number listed in the OMB Control Number: 2900–0379.
and Sixty Third Meeting (July 21, 2017) Type of Review: Revision of a
title of this notice. of the Board of Directors; Reports from
In summation, Forest River believes currently approved collection.
USIP Board Committees; Ukraine/Russia Abstract: VA Form 22–8960 is a time
that the described noncompliance in the Working Group Report; and Israel/
subject buses is inconsequential as it sheet report used by a supervisor and an
Palestine Program Report. eligible individual to record and report
relates to motor vehicle safety, and that
CONTACT: William B. Taylor, Executive the number of hours completed by the
its petition to exempt Forest River from
Vice President: wtaylor@usip.org. trainee. The form should be submitted
providing notification of the
noncompliance, as required by 49 Dated: October 3, 2017. after the trainee completes at least 50
U.S.C. 30118, and remedying the William B. Taylor, hours of work. VA uses the data
noncompliance, as required by 49 Executive Vice President. collected to ensure that the amount of
U.S.C. 30120, should be granted. [FR Doc. 2017–21692 Filed 10–6–17; 8:45 am]
benefits payable to a claimant who is
NHTSA notes that the statutory pursuing work-study is correct.
BILLING CODE 6820–AR–P
provisions (49 U.S.C. 30118(d) and An agency may not conduct or
30120(h)) that permit manufacturers to sponsor, and a person is not required to
file petitions for a determination of respond to a collection of information
DEPARTMENT OF VETERANS unless it displays a currently valid OMB
inconsequentiality allow NHTSA to AFFAIRS
exempt manufacturers only from the control number. The Federal Register
duties found in sections 30118 and [OMB Control No. 2900–0379] Notice with a 60-day comment period
30120, respectively, to notify owners, soliciting comments on this collection
Agency Information Collection Activity of information was published at 82 FR
purchasers, and dealers of a defect or
Under OMB Review: Time Record 64 on April 5, 2017, page 16665.
noncompliance and to remedy the
(Work Study Program) Affected Public: State, Local or Tribal
defect or noncompliance. Therefore, any
decision on this petition only applies to AGENCY: Veterans Benefits Governments.
the subject buses that Forest River no Administration, Department of Veterans Estimated Annual Burden: 6,275
longer controlled at the time it Affairs. hours.
determined that the noncompliance Estimated Average Burden per
ACTION: Notice. Respondent: 5 minutes.
existed. However, any decision on this
SUMMARY: In compliance with the Frequency of Response: Annually.
petition does not relieve vehicle
Paperwork Reduction Act (PRA) of Estimated Number of Respondents:
distributors and dealers of the
1995, this notice announces that the 75,306.
prohibitions on the sale, offer for sale,
or introduction or delivery for Veterans Benefits Administration By direction of the Secretary.
introduction into interstate commerce of (VBA), Department of Veterans Affairs, Cynthia Harvey-Pryor,
the noncompliant buses under their will submit the collection of Department Clearance Officer, Office of
control after Forest River notified them information abstracted below to the Quality, Privacy and Risk, Department of
that the subject noncompliance existed. Office of Management and Budget Veterans Affairs.
Authority: 49 U.S.C. 30118, 30120:
(OMB) for review and comment. The [FR Doc. 2017–21824 Filed 10–6–17; 8:45 am]
Delegations of authority at 49 CFR 1.95 and PRA submission describes the nature of BILLING CODE 8320–01–P
501.8. the information collection and its
expected cost and burden; it includes
Jeffrey M. Giuseppe, the actual data collection instrument. DEPARTMENT OF VETERANS
Director, Office of Vehicle Safety Compliance. DATES: Comments must be submitted on AFFAIRS
[FR Doc. 2017–21666 Filed 10–6–17; 8:45 am] or before November 9, 2017.
BILLING CODE 4910–59–P VA Prevention of Fraud, Waste, and
ADDRESSES: Submit written comments
Abuse Advisory Committee; Notice of
on the collection of information through Meeting
www.Regulations.gov, or to Office of
Information and Regulatory Affairs, The Department of Veterans Affairs
sradovich on DSK3GMQ082PROD with NOTICES
UNITED STATES INSTITUTE OF
PEACE Office of Management and Budget, Attn: (VA) gives notice under the Federal
VA Desk Officer; 725 17th St. NW., Advisory Committee Act that the VA
Notice of Meeting Washington, DC 20503 or sent through Prevention of Fraud, Waste, and Abuse
electronic mail to oira_submission@ Advisory Committee will meet on
AGENCY: United States Institute of Peace. omb.eop.gov. Please refer to ‘‘OMB November 7, 2017, at 810 Vermont
DATE/TIME: Friday, October 20, 2017 Control No. 2900–0379’’ in any Avenue NW., Sonny Montgomery
(10:00 a.m.–1:00 p.m.). correspondence. Conference Room 230, Washington, DC,
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Document Created: 2017-10-07 10:32:17
Document Modified: 2017-10-07 10:32:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of petition. | |
| Dates | The closing date for comments on the petition is November 9, 2017. | |
| FR Citation | 82 FR 47076 |
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