Forest River, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 16426-16428 [2018-07828]

Download as PDF 16426 Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices 2. Administrative and National Policy Requirements All awards must be administered pursuant to applicable Federal laws, rules, and regulations of the Maritime Administration. Federal wage rate requirements included in Subchapter IV of Chapter 31 of Title 40, United States Code, apply to all projects receiving funds under this Program, and apply to all parts of the project, whether funded with Small Shipyard Grant funds, other Federal funds, or non-Federal funds. 3. Reporting Each applicant selected for a Small Shipyard capital or training grant will be required to work with the Maritime Administration on the development and implementation of a plan to collect information and report on the project’s performance with respect to the relevant long-term outcomes that are expected to be achieved through the capital project or training. Performance indicators will not include formal goals or targets, but will require analysis of post-project outcomes, which will inform the Small Shipyard Grant Program in working towards best practices, programmatic performance measures, and future decision-making guidelines. srobinson on DSK3G9T082PROD with NOTICES 4. Requirements for Products Produced in the United States Consistent with the requirements of Section 410 of Division L— Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2018, of the Consolidated Appropriations Act of 2018 (Pub. L. 115–141), the Buy American requirements of 41 U.S.C. Chapter 83 apply to funds made available under this Notice of Funding Opportunity. G. Federal Awarding Agency Contacts For further information concerning this notice please contact David M. Heller, Director, Office of Shipyards and Marine Engineering, Maritime Administration, Room W21–318, 1200 New Jersey Ave. SE, Washington, DC 20590; phone: (202) 366–5737; or fax: (202) 366–6988. To ensure applicants receive accurate information about eligibility or the Program, you are encouraged to contact the Maritime Administration directly, rather than through intermediaries or third parties, with questions. H. Other Information All information submitted as part of or in support of any application shall use publicly available data or data that can be made public and methodologies VerDate Sep<11>2014 19:42 Apr 13, 2018 Jkt 244001 that are accepted by industry practice and standards, to the extent possible. If the application includes information you consider to be a trade secret or confidential commercial or financial information, you should do the following: (1) Note on the front cover that the submission ‘‘Contains Confidential Business Information (CBI);’’ (2) mark each affected page ‘‘CBI;’’ and (3) highlight or otherwise denote the CBI portions. The Maritime Administration protects such information from disclosure to the extent allowed under applicable law. In the event the Maritime Administration receives a Freedom of Information Act (FOIA) request for the information, the Maritime Administration will follow the procedures described in the Department of Transportation FOIA regulations at 49 CFR 7.17. Only information that is ultimately determined to be confidential under that procedure will be exempt from disclosure under FOIA. (Authority: 46 U.S.C. 54101 and the Consolidated Appropriations Act, 2018, Pub. L. 115–141.) * * * * * Dated: April 11, 2018. By Order of the Maritime Administrator. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2018–07846 Filed 4–13–18; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration U.S. Merchant Marine Academy Board of Visitors Meeting Maritime Administration, Department of Transportation. ACTION: Meeting notice. AGENCY: The U.S. Department of Transportation, Maritime Administration (MARAD) announces that the following U.S. Merchant Marine Academy (Academy) Board of Visitors (BOV) meeting will take place: 1. Date: April 23, 2018. 2. Time: 3:00–6:00 p.m. 3. Location: U.S. Capitol Visitors Center, Room SVC 201–00. 4. Purpose of the Meeting: The purpose of this meeting is to (a) Discuss and vote on the BOV bylaws. (b) Provide a briefing to the members on the state of the Academy, the status of the incoming class of 2022 and Sea Year. (c) Provide an update on the status of the 5-year Strategic Plan development. SUMMARY: PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 (d) Discuss the maritime workforce and how USMMA supports the maritime industry. (e) Update the Critical Infrastructure Plan and infrastructure and improvements. (f) Highlight the ongoing planning and events to celebrate the Academy’s 75th Anniversary. 5. Public Access to the Meeting: This meeting is open to the public. Seating is on a first-come basis. Members of the public wishing to attend the meeting will need to show photo identification in order to gain access to the meeting location. FOR FURTHER INFORMATION CONTACT: The BOV’s Designated Federal Officer and Point of Contact Brian Blower; 202– 366–2765; Brian.Blower@dot.gov. SUPPLEMENTARY INFORMATION: Any member of the public is permitted to file a written statement with the Academy BOV. Written statements should be sent to the Designated Federal Officer at: Brian Blower; 1200 New Jersey Ave. SE, W28–314, Washington, DC 20590 or via email at Brian.Blower@Dot.gov. (Please contact the Designated Federal Officer for information on submitting comments via fax.) Written statements must be received no later than three working days prior to the meeting in order to provide time for member consideration. Only written statements will be considered by the BOV, no member of the public will be allowed to present questions from the floor or speak to any issue under consideration by the BOV unless requested to do so by a member of the Board. (Authority: 46 U.S.C. 51312; 5 U.S.C. app. 552b; 41 CFR parts 102–3.140 through 102– 3.165) * * * By Order of the Maritime Administrator. Dated: April 11, 2018. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2018–07845 Filed 4–13–18; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2018–0003; 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: E:\FR\FM\16APN1.SGM 16APN1 Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices Forest River, Inc. (Forest River), has determined that certain model year (MY) 2017–2018 Forest River buses and school buses do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. Forest River filed two separate noncompliance reports, both dated November 30, 2017. Forest River then petitioned NHTSA on December 12, 2017, 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 May 16, 2018. 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 Delivery: 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 Federal Docket Management System (FDMS) website 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. All comments and supporting materials 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 srobinson on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:42 Apr 13, 2018 Jkt 244001 be considered to the fullest 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 comments, background documentation, and supporting materials 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 a Federal Register notice published on April 11, 2000, (65 FR 19477–78). SUPPLEMENTARY INFORMATION: I. Overview: Forest River has determined that certain MY 2017–2018 Forest River buses and school buses do not fully comply with FMVSS No. 205, Glazing Materials (49 CFR 571.205). Forest River filed two separate noncompliance reports, both dated November 30, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Forest River then petitioned NHTSA on December 12, 2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 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: Approximately 544 MY 2017–2018 Forest River school buses and approximately 2,121 MY 2017–2018 Forest River buses, manufactured between June 26, 2017, and November 10, 2017, are potentially involved. The following Forest River buses are involved: School Buses • Starcraft Allstar XL, Quest XL and Prodigy Buses • Starcraft Allstar XL, Allstar, Starlite, XLT, Starquest, and Allstar MVP • Startrans President, PS2, Senator, Senator II, Candidate, and Candidate II • Glaval Apollo, Commute, Concorde II, Entourage, Legacy, Primetime, Sport, Titan II, Titan II LF and PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 16427 Universal • Elkhart Coach ECII III. Noncompliance: Forest River explains that the noncompliance is that the subject buses were equipped with curbside entry door glass that does not fully comply with paragraph S6 of FMVSS No. 205. Specifically, the curbside entry door glass has the AS3 privacy glazing marking when it should have been marked with the AS2 solar glazing marking. IV. Rule Requirements: Paragraphs S6, S6.1(a)(b), S6.2, and S6.3(a)(b) of FMVSS No. 205 include the requirements relevant to this petition: • A Prime glazing material manufacturer must certify, in accordance with 49 U.S.C. 30115, each piece of glazing material to which this standard applies is designed as: A. A component of any specific motor vehicle or camper; or B. to be cut into components for use in motor vehicles or items of motor vehicle equipment. • A prime glazing manufacturer certifies its glazing by adding to the marks required by section 7 of ANSI/ SAE Z26.1–1996, in letters and numerals of the same size, the symbol ‘‘DOT’’ and a manufacturer’s code mark that NHTSA assigns to the manufacturer. • NHTSA will assign a code mark to a manufacturer after the manufacturer submits a written request to the Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration. The request must include the company name, address, and a statement from the manufacturer certifying its status as a prime glazing manufacturer as defined in paragraph S4. • A manufacturer or distributor who cuts a section of glazing material to which this standard applies, for use in a motor vehicle or camper, must: A. Mark that material in accordance with section 7 of ANSI/SAE Z26.1– 1996; and B. certify that its product complies with this standard in accordance with 49 U.S.C. 30115. 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: 1. As an initial matter, the noncompliance does not present a safety risk because it has no effect on the structure, performance, or safety of the glass. That is, the noncompliance relates solely to the glass’ markings, specifically the use of the marking ‘‘AS3,’’ instead of ‘‘AS2.’’ E:\FR\FM\16APN1.SGM 16APN1 srobinson on DSK3G9T082PROD with NOTICES 16428 Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices 2. The glass required for the subject buses and school buses must meet the requirements of ANSI 26.1–1996 AS2. Forest River requested that a sample of the glass be tested to ensure its compliance with all applicable standards. The test results have affirmed that the glass indeed meets ANSI 26.1– 1996 AS2’s requirements and is compliant for the designed position in which it is applied. 3. Forest River is enclosing copies of statements from the glass manufacturer Cleer Vision, and test data confirming the glass’ compliance with ANSI and FMVSS No. 205’s performance standards. 4. Forest River stated that the agency has previously granted numerous petitions for determinations of inconsequential noncompliance in regard to FMVSS No. 205, including petitions involving mismarkings similar to the instant matter. See the following recent examples: a. Mitsubishi Motors North America, Inc. Petition, 80 FR 72482 (November 19, 2015) (involving rear door windows marked with the model number ‘‘M66’’ instead of the correct ‘‘M131’’); b. Custom Glass Solutions Upper Sandusky Corporation Petition, 79 FR 49833 (January 23, 2015) (involving laminated glass panes mistakenly marked as ‘‘tempered’’ and with the incorrect manufacturer’s DOT number, model number, and manufacturer’s trademark). c. Mitsubishi Motors North America, Inc. Petition, 79 FR 49833 (August 22, 2014) (involving rear door windows marked with the model number ‘‘M13l’’ instead of the correct ‘‘M129’’); d. General Motors LLC Petition, 79 FR 23402 (April 28, 2014) (involving quarter windows marked as ‘‘AS2’’ instead of the correct ‘‘AS3’’). Forest River concluded by expressing the belief that the subject noncompliance is inconsequential as it relates to motor vehicle safety, and that its petition to be exempted from providing notification of the noncompliance, as required by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 49 U.S.C. 30120, should be granted. Forest River’s complete petition and all supporting documents are available by logging onto the Federal Docket Management System (FDMS) website at: https://www.regulations.gov and following the online search instructions to locate the docket number listed in the title of this notice. 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 VerDate Sep<11>2014 19:42 Apr 13, 2018 Jkt 244001 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. Claudia W. Covell, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. 2018–07828 Filed 4–13–18; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2016–0140; Notice 2] General Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: General Motors, LLC (GM), has determined that certain model year (MY) 2014–2016 GM motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 pounds)or Less. GM filed a noncompliance Report dated December 6, 2016, and then amended their report on April 7, 2017. GM subsequently petitioned NHTSA on January 5, 2017, and later revised it on April 7, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. FOR FURTHER INFORMATION CONTACT: Kerrin Bressant, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366–1110, facsimile (202) 366–5930. SUMMARY: PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: I. Overview: GM has determined that certain MY 2014–2016 GM motor vehicles do not fully comply with paragraph S4.4.2(e) of FMVSS No. 110, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 pounds)or Less (49 CFR 571.110). GM filed a noncompliance report dated December 6, 2016, and then amended their report on April 7, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. GM subsequently petitioned NHTSA on January 5, 2017, and later revised it on April 7, 2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 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. Notice of receipt of the petition was published, with a 30-day public comment period on May 11, 2017, in the Federal Register (82 FR 22058). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) web page at: https://www.regulations.gov/. Then follow the online search instruction to locate docket number ‘‘NHTSA–2016– 0140.’’ II. Vehicles Involved: Approximately 130,088 of the following MY 2014–2016 GM motor vehicles manufactured between August 7, 2014, and June 15, 2015, are potentially involved: • 2015–2016 Cadillac Escalade • 2015–2016 Cadillac Escalade ESV • 2015 Cadillac SRX • 2015–2016 Chevrolet Tahoe • 2015–2016 GMC Yukon • 2015–2016 GMC Yukon XL • 2014–2015 GMC Sierra • 2014–2015 Chevrolet Silverado • 2015–2016 Chevrolet Suburban III. Noncompliance: GM explains that the noncompliance is that the subject vehicles are equipped with wheels supplied by Citic Dicastal Co. LTD (Dicastal) that are marked with unregistered date of manufacture marks that were not previously disclosed to NHTSA and therefore, do not comply with paragraph S4.4.2(e) of FMVSS No. 110. IV. Rule Requirements: Paragraph S4.4.2(e) of FMVSS No. 110 titled ‘‘Rim Markings for Vehicles Other than Passenger Cars’’ includes the requirements relevant to this petition: • Each rim or, at the option of the manufacturer in the case of a single- E:\FR\FM\16APN1.SGM 16APN1

Agencies

[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16426-16428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07828]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0003; 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.

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

[[Page 16427]]

SUMMARY: Forest River, Inc. (Forest River), has determined that certain 
model year (MY) 2017-2018 Forest River buses and school buses do not 
fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 
205, Glazing Materials. Forest River filed two separate noncompliance 
reports, both dated November 30, 2017. Forest River then petitioned 
NHTSA on December 12, 2017, 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 May 16, 2018.

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 Delivery: 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 Federal Docket Management System (FDMS) website 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.
    All comments and supporting materials 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 fullest 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 comments, background documentation, and supporting materials 
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 a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Forest River has determined that certain MY 2017-2018 
Forest River buses and school buses do not fully comply with FMVSS No. 
205, Glazing Materials (49 CFR 571.205). Forest River filed two 
separate noncompliance reports, both dated November 30, 2017, pursuant 
to 49 CFR part 573, Defect and Noncompliance Responsibility and 
Reports. Forest River then petitioned NHTSA on December 12, 2017, 
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 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: Approximately 544 MY 2017-2018 Forest River 
school buses and approximately 2,121 MY 2017-2018 Forest River buses, 
manufactured between June 26, 2017, and November 10, 2017, are 
potentially involved. The following Forest River buses are involved:

School Buses
     Starcraft Allstar XL, Quest XL and Prodigy
Buses
     Starcraft Allstar XL, Allstar, Starlite, XLT, Starquest, 
and Allstar MVP
     Startrans President, PS2, Senator, Senator II, Candidate, 
and Candidate II
     Glaval Apollo, Commute, Concorde II, Entourage, Legacy, 
Primetime, Sport, Titan II, Titan II LF and Universal
     Elkhart Coach ECII

    III. Noncompliance: Forest River explains that the noncompliance is 
that the subject buses were equipped with curbside entry door glass 
that does not fully comply with paragraph S6 of FMVSS No. 205. 
Specifically, the curbside entry door glass has the AS3 privacy glazing 
marking when it should have been marked with the AS2 solar glazing 
marking.
    IV. Rule Requirements: Paragraphs S6, S6.1(a)(b), S6.2, and 
S6.3(a)(b) of FMVSS No. 205 include the requirements relevant to this 
petition:
     A Prime glazing material manufacturer must certify, in 
accordance with 49 U.S.C. 30115, each piece of glazing material to 
which this standard applies is designed as:
    A. A component of any specific motor vehicle or camper; or
    B. to be cut into components for use in motor vehicles or items of 
motor vehicle equipment.
     A prime glazing manufacturer certifies its glazing by 
adding to the marks required by section 7 of ANSI/SAE Z26.1-1996, in 
letters and numerals of the same size, the symbol ``DOT'' and a 
manufacturer's code mark that NHTSA assigns to the manufacturer.
     NHTSA will assign a code mark to a manufacturer after the 
manufacturer submits a written request to the Office of Vehicle Safety 
Compliance, National Highway Traffic Safety Administration. The request 
must include the company name, address, and a statement from the 
manufacturer certifying its status as a prime glazing manufacturer as 
defined in paragraph S4.
     A manufacturer or distributor who cuts a section of 
glazing material to which this standard applies, for use in a motor 
vehicle or camper, must:
    A. Mark that material in accordance with section 7 of ANSI/SAE 
Z26.1-1996; and
    B. certify that its product complies with this standard in 
accordance with 49 U.S.C. 30115.
    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:
    1. As an initial matter, the noncompliance does not present a 
safety risk because it has no effect on the structure, performance, or 
safety of the glass. That is, the noncompliance relates solely to the 
glass' markings, specifically the use of the marking ``AS3,'' instead 
of ``AS2.''

[[Page 16428]]

    2. The glass required for the subject buses and school buses must 
meet the requirements of ANSI 26.1-1996 AS2. Forest River requested 
that a sample of the glass be tested to ensure its compliance with all 
applicable standards. The test results have affirmed that the glass 
indeed meets ANSI 26.1-1996 AS2's requirements and is compliant for the 
designed position in which it is applied.
    3. Forest River is enclosing copies of statements from the glass 
manufacturer Cleer Vision, and test data confirming the glass' 
compliance with ANSI and FMVSS No. 205's performance standards.
    4. Forest River stated that the agency has previously granted 
numerous petitions for determinations of inconsequential noncompliance 
in regard to FMVSS No. 205, including petitions involving mismarkings 
similar to the instant matter. See the following recent examples:
    a. Mitsubishi Motors North America, Inc. Petition, 80 FR 72482 
(November 19, 2015) (involving rear door windows marked with the model 
number ``M66'' instead of the correct ``M131'');
    b. Custom Glass Solutions Upper Sandusky Corporation Petition, 79 
FR 49833 (January 23, 2015) (involving laminated glass panes mistakenly 
marked as ``tempered'' and with the incorrect manufacturer's DOT 
number, model number, and manufacturer's trademark).
    c. Mitsubishi Motors North America, Inc. Petition, 79 FR 49833 
(August 22, 2014) (involving rear door windows marked with the model 
number ``M13l'' instead of the correct ``M129'');
    d. General Motors LLC Petition, 79 FR 23402 (April 28, 2014) 
(involving quarter windows marked as ``AS2'' instead of the correct 
``AS3'').
    Forest River concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    Forest River's complete petition and all supporting documents are 
available by logging onto the Federal Docket Management System (FDMS) 
website at: https://www.regulations.gov and following the online search 
instructions to locate the docket number listed in the title of this 
notice.
    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.

Claudia W. Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-07828 Filed 4-13-18; 8:45 am]
 BILLING CODE 4910-59-P
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