DRV, LLC, Denial of Petition for Decision of Inconsequential Noncompliance |
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Topics: DRV
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
25 May 2017
[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Notices]
[Pages 24204-24205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10744]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0092; Notice 2]
DRV, LLC, Denial of Petition for Decision of Inconsequential
Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial 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 Federal Motor Vehicle Safety Standard
(FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment.
DRV filed a noncompliance report dated July 31, 2015, that was later
revised on August 18, 2015. DRV also petitioned NHTSA on August 14,
2015, for a decision that the subject noncompliance is inconsequential
as it relates to motor vehicle safety.
ADDRESSES: For further information on this decision contact Michael
Cole, Office of Vehicle Safety Compliance, the National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-5319, facsimile
(202) 366-3081.
SUPPLEMENTARY INFORMATION:
I. Overview
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 noncompliance report dated July 31, 2015, that
was later revised on August 18, 2015, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports. DRV also
petitioned NHTSA on August 14, 2015, pursuant to 49 U.S.C. 30118(d) and
30120(h) (see implementing rule 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 to motor
vehicle safety.
Notice of receipt of the petition was published, with a 30-day
public comment period, on October 8, 2015, in the Federal Register (80
FR 60955). No comments were received. To view the petition and all
supporting documents, log onto the Federal Docket Management System
(FDMS) Web site at: http://www.regulations.gov/. Follow the online
search instructions to locate docket number ``NHTSA-2015-0092.''
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 the noncompliance as the location of the front side
reflex reflectors on the subject trailers at approximately 8'' and 10''
above the maximum 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.
. . .
[[Page 24205]]
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
* * * * * * *
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 a reflex reflector is
present as required by FMVSS No. 108 but the reflector is located
approximately 8'' to 10'' above the maximum allowable height for such
reflectors.
DRV also stated that it has received no complaints, and does not
know of any accidents that have occurred, due to the reflectors being
in the non-compliant position.
In summation, DRV believes that the described noncompliance of the
subject trailers is inconsequential to motor vehicle safety. DRV asks
NHTSA to grant a petition to exempt DRV from providing notification of
a noncompliance recall as required by 49 U.S.C. 30118 and remedying the
noncompliance as required by 49 U.S.C. 30120.
NHTSA Decision
NHTSA's Analysis: After review of DRV's petition, NHTSA has
determined that the petitioner has not met the burden of persuasion
that the noncompliance is inconsequential to safety. DRV failed to
provide any data supporting its conclusion that the noncompliance is
inconsequential and, except for stating it had not received any
complaints about the location of the reflectors, did not address any of
the potential safety risks associated with the noncompliance.
For the purposes of FMVSS No. 108, the primary function of a reflex
reflector is to prevent crashes by permitting early detection of an
unlighted motor vehicle at an intersection or when parked on or by the
side of the road. Because reflex reflectors are not independent light
sources, their performance is wholly reliant upon the amount of
illumination they receive from vehicle headlamps. Ideally, a reflex
reflector would achieve its highest performance when the reflex
reflector is mounted at the height of another vehicle's lower beam
``hot spot.'' Due to the significant range of permissible mounting
heights for headlamps (between 22 and 54 inches), achieving such ideal
performance is impractical. FMVSS No. 108, which establishes minimum
performance standards for reflex reflectors, specifies a range of
acceptable reflector mounting heights (not less than 15 inches or more
than 60 inches) to ensure that reflex reflectors are exposed to enough
illumination to be effective. The standard also provides allowances in
the fore and aft location of reflex reflectors (e.g., as far to the
front as practicable). This flexibility provides vehicle manufacturers
with sufficient flexibility in mounting locations to ensure that the
mounting height remains in the appropriate range to ensure adequate
reflex reflector performance relative to headlamps that would
illuminate them.
DRV also states that it was not aware of any complaints or
accidents that occurred due to the positioning of the reflex reflector.
In NHTSA's view, the absence of complaints does not provide persuasive
evidence demonstrating a lack of a safety issue here, nor does it mean
that there will not be safety issues in the future. As such, NHTSA does
not consider this to be a determining factor that DRV's noncompliance
is inconsequential to motor vehicle safety.
NHTSA's Decision: In consideration of the foregoing, NHTSA finds
that DRV has not met its burden of persuasion in support of the claim
that the FMVSS No. 108 noncompliance in the subject trailers is
inconsequential to motor vehicle safety. DRV has not presented any data
indicating that the performance of a reflex reflector mounted at a
height of 68 to 70 inches above the ground provides a level of safety
performance equivalent to that of a reflector mounted within the range
of heights specified by FMVSS No. 108. Accordingly, DRV's petition is
hereby denied and DRV is obligated to provide notification of, and a
free remedy for, that noncompliance under 49 U.S.C. 30118 and 30120.
Authority: (49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8)
Jeffrey M. Giuseppe,
Acting Associate Administrator, Enforcement.
[FR Doc. 2017-10744 Filed 5-24-17; 8:45 am]
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