DRV, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

DRV, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

Topics: DRV

DRV, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

Jeffrey Giuseppe
National Highway Traffic Safety Administration
October 8, 2015

[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Notices]
[Pages 60955-60956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25641]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0092; Notice 1]

DRV, LLC, 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: DRV, LLC (DRV), a wholly owned subsidiary of Thor Industries,
Inc., has determined that certain model year (MY) 2003-2016 DRV
trailers do not fully comply with paragraph S8.1 of Federal Motor
Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and
Associated Equipment. DRV filed a report dated July 31, 2015, pursuant
to 49 CFR part 573, Defect and Noncompliance Responsibility and
Reports. On August 18, 2015, subsequent to filing the subject petition,
DRV revised that report to include more complete information concerning
the affected vehicles.

DATES: The closing date for comments on the petition is November 9,
2015.

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 at the beginning 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 Federal Docket Management System (FDMS) Web site at http://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 your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated above will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.

SUPPLEMENTARY INFORMATION:

I. Overview

Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), DRV submitted a petition for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
This notice of receipt of DRV'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.

[[Page 60956]]

II. Trailers Involved

Affected are approximately 7,465 of the following trailers:

MY 2003-2016 DRV Mobile Suites (Manufactured between April 22,
2003 and July 22, 2015)
MY 2014-2015 DRV Traditions (Manufactured between April 1,
2013 and July 24, 2015)
MY 2013-2016 DRV Estates (Manufactured between April 1, 2012
and July 24, 2015)
MY 2006-2016 DRV Elite Suites (Manufactured April 1, 2005 and
July 24, 2015)
MY 2014-2016 DRV Full House (Manufactured April 1, 2013 and
July 24, 2015)

III. Noncompliance

DRV explained that the noncompliance is that the location of the
front side reflex reflectors on the subject trailers are mounted
between approximately 8'' and 10'' above the required 60'' height-
above-road surface required by paragraph S8.1 of FMVSS No. 108.

IV. Rule Text

Paragraph S8.1 of FMVSS No. 108 requires in pertinent part:
S8.1 Reflex reflectors.
* * * * *
S8.1.4 Mounting Height. See Tables I-a, I-b, I-c.
* * * * *

Table I-b--Required Lamps and Reflective Devices
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Lighting device Number and color Mounting location Mounting height Device activation
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All Trailers
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* * * * * * *
Reflex Reflectors. A trailer 2 Amber None On each side as Not less than 15 Not applicable.
equipped with a conspicuity required on far to the front inches, nor more
treatment in conformance with trailers less as practicable than 60 inches.
S8.2 of this standard need not than 1829 mm [6 exclusive of the
be equipped with reflex ft] in overall trailer tongue.
reflectors if the conspicuity length including
material is placed at the the trailer
locations of the required tongue.
reflex reflectors.

* * * * * * *
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V. Summary of DRV's Arguments

DRV stated its belief that the subject noncompliance is
inconsequential to motor vehicle safety because the reflector is
present as required by FMVSS No. 108 except that it is located above
the maximum allowable height.
DRV also has no complaints and does not know of any accidents that
have occurred due to the reflectors being in their current positions.
In summation, DRV believes that the described noncompliance of the
subject trailers is inconsequential to motor vehicle safety, and that
its petition, to exempt DRV from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.
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 trailers that DRV no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve equipment
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant trailers under their control after DRV
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 Giuseppe,
Director, Office of Trailer Safety Compliance.
[FR Doc. 2015-25641 Filed 10-7-15; 8:45 am]
BILLING CODE 4910-59-P