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Winnebago Industries, Inc., Denial of Petition for Decision of Inconsequential Noncompliance Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Eileen Sullivan Date: 23 September 2024 Subjects: American Government  , Recreational Vehicles, Safety
Topic: Winnebago |
[Federal Register Volume 89, Number 184 (Monday, September 23, 2024)]
[Notices]
[Pages 77581-77583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21707]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2022-0114; Notice 2]
Winnebago Industries, Inc., 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: Winnebago Industries, Inc., (Winnebago or petitioner), 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 a 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 the denial of
Winnebago's petition.
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 a 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.
Notice of receipt of Winnebago's petition was published with a 30-
day public comment period, on August 1, 2023, in the Federal Register
(88 FR 50276). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2022-0114.''
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
2015-2021 Winnebago Sunstar
2013-2019 Winnebago Horizon
2014-2023 Winnebago Forza
2018-2021 Winnebago Intent
2015-2016 Winnebago Brave
2015-2016 Itasca Tribute
III. Rule Requirements: Paragraphs S6.4.1 and S7.1.1.6 and Table
IV-a of FMVSS No. 108 include the requirements relevant to this
petition.\1\ 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. For the subject vehicles, the luminous lens area of
the turn signals shall be no smaller than 7,500 square millimeters.
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\1\ In an email dated April 9, 2024, Winnebago clarified that
the front turn signal is affected by the subject noncompliance,
therefore paragraph S7.1.1.6 of FMVSS No. 108 also include the
requirement relevant to Winnebago's petition.
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IV. Noncompliance: Winnebago explains that the subject vehicles are
equipped with front turn signal lamps that do not meet the luminous
lens area requirements specified by S7.1.1.6 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 the minimum area required by the
standard.
V. Summary of Winnebago's Petition: The following views and
arguments presented in this section, ``V. Summary of Winnebago's
Petition,'' are the views
[[Page 77582]]
and arguments provided by Winnebago. They do not reflect the views of
NHTSA. Winnebago describes the subject noncompliance and contends that
the noncompliance is inconsequential as it relates to motor vehicle
safety.
Winnebago submits that NHTSA has previously explained that the
purpose of FMVSS No. 108 is to reduce traffic accidents by, among other
things, ``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 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 ``was concern 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 it 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 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, the
difference in size is ``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 signal
would not reasonably result in a buildup of dirt and grime on turn
signals . . .''
Winnebago concludes by reiterating the subject noncompliance is
inconsequential as it relates to motor vehicle safety and that its
petition for exemption from providing notice and remedy for the
noncompliance be granted.
VI. NHTSA's Analysis: The burden of establishing the
inconsequentiality of a failure to comply with a performance
requirement in an FMVSS is substantial and difficult to meet.
Accordingly, the Agency has not found many such noncompliances
inconsequential.\2\
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\2\ Cf. Gen. Motors Corporation; Ruling on Petition for
Determination of Inconsequential Noncompliance, 69 FR 19897, 19899
(Apr. 14, 2004) (citing prior cases where noncompliance was expected
to be imperceptible, or nearly so, to vehicle occupants or
approaching drivers).
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In determining inconsequentiality of a noncompliance, NHTSA focuses
on the safety risk to individuals who experience the type of event
against which a recall would otherwise protect.\3\ In general, NHTSA
does not consider the absence of complaints or injuries when
determining if a noncompliance is inconsequential to safety. The
absence of complaints does not mean vehicle occupants have not
experienced a safety issue, nor does it mean that there will not be
safety issues in the future.\4\ Further, because each inconsequential
noncompliance petition must be evaluated on its own facts and
determinations are highly fact-dependent, NHTSA does not consider prior
determinations as binding precedent. Petitioners are reminded that they
have the burden of persuading NHTSA that the noncompliance is
inconsequential to safety.
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\3\ See Gen. Motors, LLC; Grant of Petition for Decision of
Inconsequential Noncompliance, 78 FR 35355 (June 12, 2013) (finding
noncompliance had no effect on occupant safety because it had no
effect on the proper operation of the occupant classification system
and the correct deployment of an air bag); Osram Sylvania Prods.
Inc.; Grant of Petition for Decision of Inconsequential
Noncompliance, 78 FR 46000 (July 30, 2013) (finding occupant using
noncompliant light source would not be exposed to significantly
greater risk than occupant using similar compliant light source).
\4\ See Morgan 3 Wheeler Limited; Denial of Petition for
Decision of Inconsequential Noncompliance, 81 FR 21663, 21666 (Apr.
12, 2016); see also United States v. Gen. Motors Corp., 565 F.2d
754, 759 (D.C. Cir. 1977) (finding defect poses an unreasonable risk
when it ``results in hazards as potentially dangerous as sudden
engine fire, and where there is no dispute that at least some such
hazards, in this case fires, can definitely be expected to occur in
the future'').
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NHTSA has evaluated the merits of Winnebago's petition and
determined Winnebago has not met its burden of persuasion that the
subject noncompliance is inconsequential to motor vehicle safety.
The subject vehicles' failure to be equipped with turn signals
compliant with the minimum lens area requirement reduces other road
users' visibility of the signal lamps. Reduced visibility may lead
other roadway users to lack understanding of the subject vehicle's
intent to turn or make lane changes. This may, in turn, increase the
risk of a crash. The effective projected luminous lens area (EPLLA)
requirement serves other safety purposes, including but not limited to,
minimizing glare by keeping intrinsic brightness within reason and
increases visibility and conspicuity of the lamps. Further, NHTSA
disagrees with Winnebago's statement that the lenses are ``slightly
smaller'' than the required minimum of 7,500 square millimeters. The
lamps at issue have an area 15 percent smaller than the required
minimum area. Thus, NHTSA is not persuaded that the noncompliant lenses
``do not have an effect on the conspicuity of the vehicles'' at issue
here.
Additionally, although Winnebago claims the lamps are otherwise
compliant, Winnebago provided no rationale explaining why meeting other
non-related requirements compensates for meeting the subject
requirements. Therefore, NHTSA did not find this argument persuasive.
Concerning Winnebago's claims about the buildup of dirt and grime,
Winnebago did not provide any data to support their statement that
motorhome owners ``keep their vehicles clean.'' Regardless, NHTSA can
identify multiple likely scenarios where vehicles get dirty during
normal use as well as in extreme weather events such as while driving
in the snow or on salted roads. Furthermore, as NHTSA stated in the
preamble to the 1990 final rule referenced by the petitioner, the
masking effects of road grime, dirt and winter slush are even greater
on lamps with smaller lens areas. Since Winnebago's lamps are less than
the required lens area, NHTSA continues to be concerned about this
masking effect on the lamps subject to this petition.
VII. NHTSA's Decision: In consideration of the foregoing, NHTSA has
decided that Winnebago has not met its burden of persuasion that the
subject FMVSS No. 108 noncompliance is inconsequential to motor vehicle
safety. Accordingly, Winnebago's petition is hereby denied and
Winnebago is consequently obligated to provide notification of and free
remedy for that
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noncompliance under 49 U.S.C. 30118 and 30120.
(Authority: 49 U.S.C. 30118, 30120; 49 CFR part 556; delegations of
authority at 49 CFR 1.95 and 501.8)
Eileen Sullivan,
Associate Administrator for Enforcement.
[FR Doc. 2024-21707 Filed 9-20-24; 8:45 am]
BILLING CODE 4910-59-P