[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:

<bullet> 2015-2021 Winnebago Vista
<bullet> 2015-2021 Winnebago Sunstar
<bullet> 2013-2019 Winnebago Horizon
<bullet> 2014-2023 Winnebago Forza
<bullet> 2018-2021 Winnebago Intent
<bullet> 2015-2016 Winnebago Brave
<bullet> 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

[[Page 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