Forest River, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 53715-53717 [2011-21953]

Download as PDF Emcdonald on DSK2BSOYB1PROD with NOTICES Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Notices Ground Floor, Room W12–140, Washington, DC 20590–0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Adam Schildge, FTA Office of Program Management, (202) 366–0778 or e-mail: adam.schildge@dot.gov. SUPPLEMENTARY INFORMATION: Interested parties are invited to send comments regarding any aspect of these information collections, including: (1) The necessity and utility of the information collection for the proper performance of the functions of the FTA; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the collected information; and (4) ways to minimize the collection burden without reducing the quality of the collected information. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection. Title: 49 U.S.C. Section 5320—Paul S. Sarbanes Transit in Parks Program (OMB Number: 2132–New) Background: Section 3021 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act—A Legacy for Users (SAFETEA–LU), as amended, established the Paul S. Sarbanes Transit in Parks Program (Transit in Parks Program—49 U.S.C. 5320). The program is administered by FTA in partnership with the Department of the Interior (DOI) and the U.S. Department of Agriculture’s Forest Service. The program provides grants to Federal land management agencies that manage an eligible area, including but not limited to the National Park Service, the Fish and Wildlife Service, the Bureau of Land Management, the Forest Service, the Bureau of Reclamation; and State, tribal and local governments with jurisdiction over land in the vicinity of an eligible area, acting with the consent of a Federal land management agency, alone or in partnership with a Federal land management agency or other governmental or non-governmental participant. The purpose of the program is to provide for the planning and capital costs of alternative transportation systems that will enhance the protection of national parks and Federal lands; increase the enjoyment of visitors’ experience by conserving natural, historical, and cultural VerDate Mar<15>2010 17:47 Aug 26, 2011 Jkt 223001 resources; reduce congestion and pollution; improve visitor mobility and accessibility; enhance visitor experience; and ensure access to all, including persons with disabilities. Respondents: Federal land management agencies that manage an eligible area, including but not limited to the National Park Service, the Fish and Wildlife Service, the Bureau of Land Management, the Forest Service, the Bureau of Reclamation; and State, tribal and local governments. Estimated Annual Burden on Respondents: Approximately 12.2 hours for each of the 100 respondents. Estimated Total Annual Burden: 1,220 hours. Frequency: Annual. Issued: August 23, 2011. Ann M. Linnertz, Associate Administrator for Administration. [FR Doc. 2011–22025 Filed 8–26–11; 8:45 am] BILLING CODE 4910–57–P 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. 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 1 Forest River, Inc., is a manufacturer of motor vehicles and is organized under the laws of the state of Indiana. PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 53715 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. 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 * * * 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. E:\FR\FM\29AUN1.SGM 29AUN1 53716 Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Notices TABLE I—REQUIRED MOTOR VEHICLE LIGHTING EQUIPMENT OTHER THAN HEADLAMPS [Multipurpose passenger vehicles, trucks, trailers, and buses, of 80 or more inches overall width] Applicable SAE standard or recommended practice (See S5 for subreferenced SAE materials) Item Multipurpose passenger vehicles, trucks, and buses Trailers Taillamps ......................................................................... Stoplamps ....................................................................... License plate lamp .......................................................... Reflex reflectors .............................................................. Side marker lamps .......................................................... Backup lamp ................................................................... Turn signal lamps ........................................................... Turn signal operating unit ............................................... Turn signal flasher .......................................................... Vehicular hazard warning signal operating unit ............. Vehicular hazard warning signal flasher ........................ Identification lamps ......................................................... Clearance lamps ............................................................. Intermediate side marker lamps ..................................... Intermediate side reflex reflectors .................................. Conspicuity ..................................................................... 2 red .................................. 2 red .................................. 1 white ............................... 4 red; 2 amber ................... 2 red; 2 amber ................... 1 white ............................... 2 red or amber; 2 amber ... 1 ......................................... 1 ......................................... 1 ......................................... 1 ......................................... 3 amber; 3 red ................... 2 amber; 2 red ................... 2 amber ............................. 2 amber ............................. See S5.7 ............................ 2 red .................................. 2 red .................................. 1 white ............................... 4 red; 2 amber ................... 2 red; 2 amber ................... None .................................. 2 red or amber .................. None .................................. None .................................. None .................................. None .................................. 3 red .................................. 2 amber, 2 red ................... 2 amber ............................. 2 amber ............................. See S5.7 ............................ Emcdonald on DSK2BSOYB1PROD with NOTICES 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 VerDate Mar<15>2010 16:45 Aug 26, 2011 Jkt 223001 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 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 J585e, September 1977. SAE J1398, May 1985. J587 October 1981. J594f, January 1977. J592e, July 1972. J593c, February 1968. SAE J1395, April 1985. J589, April 1964. J590b, October 1965. J910, January 1966. J945, February 1966. J592e, July 1972. J592e, July 1972. J592e, July 1972. J594f, January 1977. See S5.7 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, selfaddressed 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, E:\FR\FM\29AUN1.SGM 29AUN1 Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Notices 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 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. EP 519 (Sub-No. 4)] Notice of National Grain Car Council Meeting Surface Transportation Board. Notice of National Grain Car Council meeting. AGENCY: ACTION: Notice is hereby given of a meeting of the National Grain Car Council (NGCC), pursuant to section 10(a)(2) of the Federal Advisory Committee Act, Public Law 92–463, as amended (5 U.S.C., App. 2). DATES: The meeting will be held on Tuesday, September 13, 2011, beginning at 1 p.m. (CDT) and is expected to conclude at 5 p.m. (CDT). ADDRESSES: The meeting will be held at the Intercontinental Hotel, Kansas City, 401 Ward Parkway, Kansas City, MO 64112. Phone 816–756–1500. Fax 816– 756–1635. FOR FURTHER INFORMATION CONTACT: Thomas Brugman at (202) 245–0281. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at: (800) 877–8339]. SUPPLEMENTARY INFORMATION: The NGCC arose from a proceeding instituted by the Surface Transportation Board’s predecessor agency, the Interstate Commerce Commission (ICC), in National Grain Car Supply—Conference of Interested Parties, EP 519. The NGCC was formed as a working group to facilitate private-sector solutions and recommendations to the ICC (and now the Board) on matters affecting grain transportation. The general purpose of this meeting is to discuss rail carrier preparedness to transport the 2011 fall grain harvest. The meeting will be opened by Board Chairman Daniel R. Elliott III and ViceChairman Ann D. Begeman (who, together with Tim McNulty, Director of Marketing at CSX, serves as Co- Emcdonald on DSK2BSOYB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:45 Aug 26, 2011 Jkt 223001 53717 Chairman for the NGCC). Agenda items will then include: reports by rail carriers and shippers on grain-service related issues; a report by rail car manufacturers and lessors on current and future availability of various grain-car types; a presentation and discussion regarding the history and past efforts of the National Grain Car Council; discussion of the NGCC’s 1998 ‘‘Statement of Principles’’ concerning the availability of public information regarding the status, availability and performance of the grain car fleet; a presentation and explanation, by NGCC’s White Paper subcommittee, of the White Paper concerning the effect on the U.S. grain market of various aspects of the graincar supply; an open forum on the issues of the 2011 weather patterns and their effect on the supply/demand of equipment and the possible impact of export market expectations on the U.S. grain car supply; and a discussion about upcoming NGCC elections and the need for NGCC members to play a more active role in the NGCC. The full agenda and copies of the White Paper, the 1998 Statement of Principles, and related documents, are posted on the Board’s Web site at http://www.stb.dot.gov/stb/ rail/graincar_council.html. The meeting, which is open to the public, will be conducted pursuant to the NGCC’s charter and Board procedures. Further communications about this meeting may also be announced through the Board’s Web site. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. FOR FURTHER INFORMATION CONTACT: Dated: August 23, 2011. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION [FR Doc. 2011–21943 Filed 8–26–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY United States Mint Pricing for the 2011 American Eagle Silver Proof Coin United States Mint, Department of the Treasury. ACTION: Notice. AGENCY: The United States Mint is announcing the re-pricing of the 2011 American Eagle Silver Proof Coin. The price of the coins will be raised from $59.95 to $68.45. SUMMARY: PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 B.B. Craig, Associate Director for Sales and Marketing; United States Mint; 801 9th Street, NW.; Washington, DC 20220; or call 202–354–7500. Authority: 31 U.S.C. 5111, 5112 & 9701. Dated: August 23, 2011. Richard A. Peterson, Deputy Director, United States Mint . [FR Doc. 2011–22046 Filed 8–26–11; 8:45 am] BILLING CODE P DEPARTMENT OF THE TREASURY United States Mint Pricing for the 2011 American Eagle Silver Uncirculated Coin United States Mint, Department of the Treasury. ACTION: Notice. AGENCY: The United States Mint is announcing the pricing of the 2011 American Eagle Silver Uncirculated Coin. The price of the coin will be $60.45. FOR FURTHER INFORMATION CONTACT: B. B. Craig, Associate Director for Sales and Marketing, United States Mint, 801 9th Street, NW., Washington, DC 20220; or call 202–354–7500. SUMMARY: Authority: 31 U.S.C. 5111, 5112 & 9701. Dated: August 23, 2011. Richard A. Peterson, Deputy Director, United States Mint. [FR Doc. 2011–22045 Filed 8–26–11; 8:45 am] P Notice of Open Meetings To Prepare and Release 2011 Annual Report to Congress Advisory Committee: U.S.-China Economic and Security Review Commission. SUMMARY: Notice is hereby given of meetings of the U.S.-China Economic and Security Review Commission. Name: William A. Reinsch, Chairman of the U.S.-China Economic and Security Review Commission. The Commission is mandated by Congress to investigate, assess, evaluate and report to Congress annually on the U.S.-China economic and security relationship. The mandate specifically charges the Commission to prepare a report to Congress ‘‘regarding the national security implications and impact of the bilateral trade and economic relationship between the E:\FR\FM\29AUN1.SGM 29AUN1

Agencies

[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]


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

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.
---------------------------------------------------------------------------

    \1\ Forest River, Inc., is a manufacturer of motor vehicles and 
is organized under the laws of the state of Indiana.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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]
----------------------------------------------------------------------------------------------------------------
                                      Multipurpose                               Applicable SAE standard or
              Item                passenger vehicles,        Trailers         recommended practice (See S5 for
                                   trucks, and buses                            subreferenced SAE materials)
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------


    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