Forest River, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 47076-47078 [2017-21666]

Download as PDF 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 VerDate Sep<11>2014 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. PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 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: E:\FR\FM\10OCN1.SGM 10OCN1 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 VerDate Sep<11>2014 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. PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 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 E:\FR\FM\10OCN1.SGM 10OCN1 47078 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: VerDate Sep<11>2014 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 Frm 00125 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 10OCN1

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]


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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