Forest River, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 53715-53717 [2011-21953]
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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:
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Management, (202) 366–0778 or e-mail:
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regarding any aspect of these
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the collection burden without reducing
the quality of the collected information.
Comments submitted in response to this
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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
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17:47 Aug 26, 2011
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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.
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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
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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 https://
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 https://
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 https://
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
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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:
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16:45 Aug 26, 2011
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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 https://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
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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
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]]>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 https://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 https://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 https://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
