Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Notices 77581 

8 49 U.S.C. 20157(m)(2)(H); 49 CFR 

236.1029(h)(2). 

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. 

which PTC systems are meeting their 

desired objectives. 

In October 2021, OMB initially 

approved Form FRA F 6180.152 when it 

was a biannual reporting requirement 

under FRA’s regulations, 49 CFR 

236.1029(h), Biannual Report of PTC 

System Performance. In October 2022, 

OMB approved Form FRA F 6180.152, 

as modified by 49 U.S.C. 20157(m), 

simply to shift to a quarterly frequency 

as required. Most recently, in March 

2024, OMB re-approved Form FRA F 

6180.152 for a three-year period through 

March 31, 2027, in its current form, the 

Quarterly Report of PTC System 

Performance. 

FRA has had the benefit of receiving 

railroads’ Reports of PTC System 

Performance (Form FRA F 6180.152) on 

a quarterly basis for the last six quarters. 

FRA has found that the quarterly 

frequency has improved FRA’s ability to 

oversee the performance and reliability 

of PTC systems effectively. For example, 

FRA has been able to monitor more 

closely industry-wide and system-bysystem trends in PTC system reliability, 

without needing to wait six months for 

the next set of performance-related 

statistics. FRA also utilizes the data it 

receives in railroads’ Quarterly Reports 

of PTC System Performance to inform 

and perform other necessary oversight, 

including inspections, targeted audits, 

and program reviews. The quarterly 

frequency enables FRA to direct its 

resources to areas, including specific 

PTC-governed track segments, that show 

the potential for a possible unsafe 

condition or where PTC system failures 

are occurring at a relatively high rate or 

trending upwards. The quarterly 

frequency enables FRA to intervene 

more promptly than it would be able to 

with less frequent reporting. 

Also, railroads’ Quarterly Reports of 

PTC System Performance must contain 

a summary of any actions the host 

railroad and its tenant railroads are 

taking to reduce the frequency and rate 

of initialization failures, cut outs, and 

malfunctions, such as any actions to 

correct or eliminate systemic issues and 

specific problems.8 Requiring railroads 

to provide this data to FRA on a 

quarterly basis, rather than a biannual 

basis, helps ensure that both host 

railroads and tenant railroads are 

regularly taking actions to improve the 

performance of their PTC systems and 

enables FRA to monitor and track 

railroads’ corrective actions regularly 

throughout the year. 

As noted above, OMB has approved 

the Quarterly Report of PTC System 

Performance (Form FRA F 6180.152) 

through March 31, 2027. Before that 

expiration date, FRA will issue the 

requisite 60-day and 30-day notices in 

the Federal Register to solicit public 

comment pursuant to the Paperwork 

Reduction Act. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2024–21654 Filed 9–20–24; 8:45 am] 

BILLING CODE 4910–06–P 

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. 

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, highmounted 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. 

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 


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77582 Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Notices 

2Cf. 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). 3See 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). 

4See 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’’). 

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

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 factdependent, 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. 

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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Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Notices 77583 

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 

DEPARTMENT OF VETERANS 

AFFAIRS 

[OMB Control No. 2900–0897] 

Agency Information Collection 

Activity: Statement of Assurance of 

Compliance With 85 Percent 

Enrollment Ratios; Statement of 

Assurance of Compliance With 85 

Percent Enrollment Ratios 

Continuation Sheet 

AGENCY: Veterans Benefits 

Administration, Department of Veterans 

Affairs. 

ACTION: Notice. 

SUMMARY: Veterans Benefits 

Administration, Department of Veterans 

Affairs (VA), is announcing an 

opportunity for public comment on the 

proposed collection of certain 

information by the agency. Under the 

Paperwork Reduction Act (PRA) of 

1995, Federal agencies are required to 

publish notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

revision of a currently approved 

collection, and allow 60 days for public 

comment in response to the notice. 

DATES: Comments must be received on 

or before November 22, 2024. 

ADDRESSES: Comments must be 

submitted through www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Program-Specific information: Nancy 

Kessinger, 202–632–8924, 

nancy.kessinger@va.gov. 

VA PRA information: Maribel Aponte, 

202–461–8900, vacopaperworkreduact@

va.gov. 

SUPPLEMENTARY INFORMATION: Under the 

PRA of 1995, Federal agencies must 

obtain approval from the Office of 

Management and Budget (OMB) for each 

collection of information they conduct 

or sponsor. This request for comment is 

being made pursuant to Section 

3506(c)(2)(A) of the PRA. 

With respect to the following 

collection of information, VBA invites 

comments on: (1) whether the proposed 

collection of information is necessary 

for the proper performance of VBA’s 

functions, including whether the 

information will have practical utility; 

(2) the accuracy of VBA’s estimate of the 

burden of the proposed collection of 

information; (3) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and (4) 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

the use of other forms of information 

technology. 

Title: Statement of Assurance of 

Compliance with 85 Percent Enrollment 

Ratios; Statement of Assurance of 

Compliance with 85 Percent Enrollment 

Ratios Continuation Sheet, VA Form 

22–10215; VA Form 22–10215a. 

OMB Control Number: 2900–0897. 

Type of Review: Revision of a 

currently approved collection. 

Abstract: The VA uses data from the 

VA Form 22–10215 and VA Form 22– 

10215a for this information collection to 

ensure the compliance of IHLs and NCD 

training institutions that are approved 

by the VA to ensure that no more than 

85% of students in any approved 

program are students in receipt of 

financial support from the educational 

institution or by VA under title 38, 

U.S.C., or under title 10, U.S.C. Without 

this information, VA might pay benefits 

in error. Except as otherwise provided 

by regulation, VA shall not approve an 

enrollment in any course for an eligible 

Veteran, not already enrolled, for any 

period during which more than 85 

percent of the students enrolled in the 

course are having all or part of their 

tuition, fees or other charges paid for 

them by the educational institution or 

by VA under title 38, U.S.C., or under 

title 10, U.S.C. This is known as the 85/ 

15 Rule and is applicable to Institutions 

of Higher Learning (IHLs) and NonCollege Degree postsecondary schools 

(NCDs). The requirements apply to all 

courses, not otherwise exempt, or 

waived, offered by all educational 

institutions, regardless of whether the 

institution is degree-granting, 

proprietary profit, proprietary nonprofit, 

eleemosynary, public and/or taxsupported. These schools are required to 

submit information necessary to 

determine if their programs of training 

are approved for the payment of VA 

educational assistance. This specified 

information is submitted either to VA or 

to the State Approving Agency (SAA) 

having jurisdiction over that school. 

Affected Public: Educational 

Institutions. 

Estimated Annual Burden: 1,814 

hours. 

Estimated Average Burden per 

Respondent: 60 minutes. 

Frequency of Response: Quarterly. 

Estimated Number of Respondents: 

1,814. 

(Authority: 44 U.S.C. 3501 et seq.) 

Dorothy Glasgow, 

VA PRA Clearance Officer, (Alt.), Office of 

Enterprise and Integration/Data Governance 

Analytics, Department of Veterans Affairs. 

[FR Doc. 2024–21704 Filed 9–20–24; 8:45 am] 

BILLING CODE 8320–01–P 


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