Forest River, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Glaval, Starcraft, StarTrans
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
10 October 2017
[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.
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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]
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