Forest River, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 47076-47078 [2017-21666]
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47076
Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Notices
version of the MY 2010 Lamborghini
Murcielago PC), and they are capable of
being readily altered to conform to the
standards.
DATES: This decision became effective
on October 3, 2017.
FOR FURTHER INFORMATION CONTACT:
George Stevens, Office of Vehicle Safety
Compliance, NHTSA (202–366–5308).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 30141(a)(1)(A), a
motor vehicle that was not originally
manufactured to conform to all
applicable FMVSS shall be refused
admission into the United States unless
NHTSA has decided that the motor
vehicle is substantially similar to a
motor vehicle originally manufactured
for importation into and sale in the
United States, certified as required
under 49 U.S.C. 30115, and of the same
model year as the model of the motor
vehicle to be compared, and is capable
of being readily altered to conform to all
applicable FMVSS.
Petitions for eligibility decisions may
be submitted by either manufacturers or
importers who have registered with
NHTSA pursuant to 49 CFR part 592. As
specified in 49 CFR 593.7, NHTSA
publishes notice in the Federal Register
of each petition that it receives, and
affords interested persons an
opportunity to comment on the petition.
At the close of the comment period,
NHTSA decides, on the basis of the
petition and any comments that it has
received, whether the vehicle is eligible
for importation. The agency then
publishes this decision in the Federal
Register.
G&K Automotive Conversion, Inc., of
Santa Ana, CA (G&K) (Registered
Importer #RI–90–007), petitioned
NHTSA to decide whether MY 2010
Lamborghini Murcielago PCs are eligible
for importation into the United States.
NHTSA published a notice of the
petition on May 2, 2017 (82 FR 20532)
to afford an opportunity for public
comment. No comments were received
in response to this petition. The reader
is referred to the receipt notice for a
thorough description of the petition.
sradovich on DSK3GMQ082PROD with NOTICES
NHTSA’s Conclusions
NHTSA has reviewed the petition and
has concluded that the vehicles covered
by the petition are substantially similar
to MY 2010 Lamborghini Murcielago
PCs and are capable of being readily
altered to comply with all applicable
FMVSS.
NHTSA has also concluded that each
RI who imports and modifies one of
these vehicles must include in the
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17:26 Oct 06, 2017
Jkt 244001
statement of conformity and associated
documents (‘‘conformity package’’) it
submits to the NHTSA under 49 CFR
part 592.6(d) explicit proof to confirm
that the vehicle was, where applicable,
originally manufactured to conform to,
or was successfully altered to conform
to, FMVSS No. 101 Controls and
Displays, FMVSS No. 138, Tire Pressure
Monitoring Systems, FMVSS No. 208,
Occupant Crash Protection, and FMVSS
No. 301 Fuel System Integrity. This
proof must include detailed
descriptions of all modifications made,
including a detailed description of
systems in place (if any) on the vehicle
as delivered to the RI, and a similarly
detailed description of alterations made
to the vehicle and said systems,
including photographs of all required
labeling. The descriptions must also
include parts assembly diagrams and
associated part numbers for all
components that were removed from or
installed in the vehicle, an accounting
of any computer programming
modifications undertaken and a
description of how compliance was
verified after alteration of the vehicle.
In addition to the information
specified above, each conformity
package must also include evidence
showing how the RI verified that the
changes it made in loading or
reprograming vehicle software to
achieve conformity with each separate
FMVSS, did not also cause the vehicle
to fall out of compliance with any other
applicable FMVSS.
Decision
Accordingly, on the basis of the
foregoing, NHTSA hereby decides that
MY 2010 Lamborghini Murcielago
passenger cars that were not originally
manufactured to comply with all
applicable FMVSS, are substantially
similar to MY 2010 Lamborghini
Murcielago passenger cars
manufactured for importation into and/
or sale in the United States, and
certified under 49 U.S.C. 30115, and are
capable of being readily altered to
conform to all applicable Federal Motor
Vehicle Safety Standards.
Vehicle Eligibility Number for Subject
Vehicles
The importer of a vehicle admissible
under any final decision must indicate
on the form HS–7 accompanying entry
the appropriate vehicle eligibility
number indicating that the vehicle is
eligible for entry. VSP–595 is the
vehicle eligibility number assigned to
vehicles admissible under this notice of
final decision.
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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. 2017–21665 Filed 10–6–17; 8:45 am]
BILLING CODE 4910–59–P
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
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
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
SUMMARY:
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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
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
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17:26 Oct 06, 2017
Jkt 244001
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.
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Fmt 4703
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47077
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
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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Notices
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]
sradovich on DSK3GMQ082PROD with NOTICES
BILLING CODE 4910–59–P
UNITED STATES INSTITUTE OF
PEACE
Notice of Meeting
United States Institute of Peace.
Friday, October 20, 2017
(10:00 a.m.–1:00 p.m.).
AGENCY:
DATE/TIME:
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17:26 Oct 06, 2017
Jkt 244001
2301 Constitution Avenue
NW., Washington, DC 20037.
STATUS: Open Session—Portions may be
closed pursuant to Subsection (c) of
Section 552(b) of Title 5, United States
Code, as provided in subsection
1706(h)(3) of the United States Institute
of Peace Act, Public Law 98–525.
AGENDA: October 20, 2017 Board
Meeting: Chairman’s Report; Vice
Chairman’s Report; President’s Report;
Approval of Minutes of the One
Hundred and Sixty Second Meeting
(April 21, 2017) and the One Hundred
and Sixty Third Meeting (July 21, 2017)
of the Board of Directors; Reports from
USIP Board Committees; Ukraine/Russia
Working Group Report; and Israel/
Palestine Program Report.
CONTACT: William B. Taylor, Executive
Vice President: wtaylor@usip.org.
LOCATION:
Dated: October 3, 2017.
William B. Taylor,
Executive Vice President.
[FR Doc. 2017–21692 Filed 10–6–17; 8:45 am]
BILLING CODE 6820–AR–P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0379]
Agency Information Collection Activity
Under OMB Review: Time Record
(Work Study Program)
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act (PRA) of
1995, this notice announces that the
Veterans Benefits Administration
(VBA), Department of Veterans Affairs,
will submit the collection of
information abstracted below to the
Office of Management and Budget
(OMB) for review and comment. The
PRA submission describes the nature of
the information collection and its
expected cost and burden; it includes
the actual data collection instrument.
DATES: Comments must be submitted on
or before November 9, 2017.
ADDRESSES: Submit written comments
on the collection of information through
www.Regulations.gov, or to Office of
Information and Regulatory Affairs,
Office of Management and Budget, Attn:
VA Desk Officer; 725 17th St. NW.,
Washington, DC 20503 or sent through
electronic mail to oira_submission@
omb.eop.gov. Please refer to ‘‘OMB
Control No. 2900–0379’’ in any
correspondence.
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
Cynthia Harvey-Pryor, Enterprise
Records Service (005R1B), Department
of Veterans Affairs, 810 Vermont
Avenue NW., Washington, DC 20420,
(202) 461–5870 or email
Cynthia.harvey.pryor@va.gov. Please
refer to ‘‘OMB Control No. 2900–0379’’
in any correspondence.
SUPPLEMENTARY INFORMATION:
Authority: 38 U.S.C. 3485.
Title: Time Record (Work-Study
Program), (VA Form 22–8960).
OMB Control Number: 2900–0379.
Type of Review: Revision of a
currently approved collection.
Abstract: VA Form 22–8960 is a time
sheet report used by a supervisor and an
eligible individual to record and report
the number of hours completed by the
trainee. The form should be submitted
after the trainee completes at least 50
hours of work. VA uses the data
collected to ensure that the amount of
benefits payable to a claimant who is
pursuing work-study is correct.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The Federal Register
Notice with a 60-day comment period
soliciting comments on this collection
of information was published at 82 FR
64 on April 5, 2017, page 16665.
Affected Public: State, Local or Tribal
Governments.
Estimated Annual Burden: 6,275
hours.
Estimated Average Burden per
Respondent: 5 minutes.
Frequency of Response: Annually.
Estimated Number of Respondents:
75,306.
By direction of the Secretary.
Cynthia Harvey-Pryor,
Department Clearance Officer, Office of
Quality, Privacy and Risk, Department of
Veterans Affairs.
[FR Doc. 2017–21824 Filed 10–6–17; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
VA Prevention of Fraud, Waste, and
Abuse Advisory Committee; Notice of
Meeting
The Department of Veterans Affairs
(VA) gives notice under the Federal
Advisory Committee Act that the VA
Prevention of Fraud, Waste, and Abuse
Advisory Committee will meet on
November 7, 2017, at 810 Vermont
Avenue NW., Sonny Montgomery
Conference Room 230, Washington, DC,
E:\FR\FM\10OCN1.SGM
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Agencies
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Pages 47076-47078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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