Winnebago Industries, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 50276-50277 [2023-16312]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Notices]
[Pages 50276-50277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16312]



[[Page 50276]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0114; Notice 1]


Winnebago Industries, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Winnebago Industries, Inc., (Winnebago), has determined that 
certain model year (MY) 2013-2023 Winnebago motorhomes do not fully 
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, 
Lamps, Reflective Devices, and Associated Equipment. Winnebago filed an 
original noncompliance report dated November 11, 2022, and amended the 
report on December 2, 2022, and May 17, 2023. Winnebago petitioned 
NHTSA on December 2, 2022, and amended the petition on May 17, 2023, 
for a decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety. This document announces receipt of 
Winnebago's petition.

DATES: Send comments on or before August 31, 2023.

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 may be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the 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 the 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 for 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).

FOR FURTHER INFORMATION CONTACT: Leroy Angeles, Office of Vehicle 
Safety Compliance, NHTSA, (202) 366-5304.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Winnebago determined that certain MY 2013-2023 
Winnebago motorhomes do not fully comply with paragraph S6.4.1 and 
Table IV-a of FMVSS No. 108, Lamps, Reflective Devices, and Associated 
Equipment (49 CFR 571.108).
    Winnebago filed an original noncompliance report dated November 11, 
2022, and amended the report on December 2, 2022, and May 17, 2023, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. Winnebago petitioned NHTSA on December 2, 2022, and 
amended its petition on May 17, 2023, 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, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR 
part 556, Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt of Winnebago's petition is published under 
49 U.S.C. 30118 and 30120 and does not represent any agency decision or 
another exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Winnebago reported that 13,126 of the 
following motorhomes, manufactured between April 5, 2012, and November 
4, 2022, are potentially involved:

 2015-2021 Winnebago Vista, Sunstar
 2013-2019 Winnebago Horizon
 2014-2023 Winnebago Forza
 2018-2021 Winnebago Intent
 2015-2016 Winnebago Brave
 2015-2016 Itasca Tribute

    III. Noncompliance: Winnebago explains that the subject motorhomes 
are equipped with turn signal lamps that do not meet the luminous lens 
area requirements specified by S6.4.1 and Table IV-a of FMVSS No. 108. 
Specifically, the luminous lens area of the turn signals equipped in 
the subject vehicles is 6,361 square millimeters, thus, 1,139 square 
millimeters smaller than required by the standard.
    IV. Rule Requirements: Paragraph S6.4.1 and Table IV-a of FMVSS No. 
108 includes the requirements relevant to this petition. Each turn 
signal lamp, stop lamp, high-mounted stop lamp, and school bus signal 
lamp must meet the applicable effective projected luminous lens area 
requirement specified in Tables IV-a, IV-b, and IV-c of FMVSS No. 108.
    V. Summary of Winnebago's Petition: The following views and 
arguments presented in this section, ``V. Summary of Winnebago's 
Petition,'' are the views and arguments provided by Winnebago. They 
have not been evaluated by the Agency and do not reflect the views of 
the Agency. Winnebago describes the subject noncompliance and contends 
that the noncompliance is inconsequential as it relates to motor 
vehicle safety.
    Winnebago says that NHTSA has previously explained that the purpose 
of FMVSS No. 108 is to reduce traffic accidents by, inter alia, 
``enhancing the conspicuity of motor vehicles on the public roads so 
that their presence is perceived and their signals understood, both in 
daylight and in darkness or other conditions of reduced visibility.'' 
Winnebago further adds that in a 1990 final rule notice that increased 
the minimum lens area for wide vehicles from 8 square inches (i.e., 
5,161.28 sq mm) to 12 square inches (i.e., 7,741 sq

[[Page 50277]]

mm), NHTSA explained that the increase in lens area is necessary 
because wide vehicles ``are susceptible to build up of grime'' and ``an 
increase in lens area would enhance vehicle conspicuity and contribute 
to safety.''
    Winnebago says that around July 2022, it was informed by a lamp 
supplier that there were concerns about the compliance of turn signals 
installed in certain Winnebago vehicles. Specifically, with the 
``minimum effective projected luminous area requirements of FMVSS No. 
108.'' Winnebago says they investigated the turn signals in the subject 
vehicles and confirmed that the ``effective projected luminous lens 
area'' is 6,361 square millimeters and thus, approximately 1,139 square 
millimeters smaller than the required minimum lens area.
    Winnebago says that other than the size of the effective projected 
luminous lens area for the turn signals in the subject vehicles, the 
turn signals are otherwise fully compliant with all applicable 
performance requirements. Winnebago states that the turn signals at 
issue ``have been in use for more than 15 years'' and ``is not aware of 
any crashes, injuries, customer complaints or field reports in 
connection with this noncompliance.'' Winnebago states its belief that 
although the turn signal lens area is slightly smaller than the 
required minimum, they are still ``likely to be imperceptible to both 
vehicle occupants and approaching drivers, and do not have an effect on 
the conspicuity of the motorhomes on which they are installed.''
    Winnebago states its belief that NHTSA increased the required 
minimum lens area for turn signals in wide vehicles due to the concern 
of buildup of grime and dirt. Winnebago claims that the turn signals on 
motorhomes ``are generally well maintained by their owners compared to 
other classes of wide vehicles. Thus, a slightly smaller turn signals 
would not reasonably result in a buildup of dirt and grime on turn 
signals . . .''
    Winnebago concludes by stating its belief that the subject 
noncompliance is inconsequential to motor vehicle safety and its 
petition for relief from providing notice and remedy for the 
noncompliance 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 motorhomes that Winnebago 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 motorhomes under their control after 
Winnebago 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)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2023-16312 Filed 7-31-23; 8:45 am]
BILLING CODE 4910-59-P