[Federal Register Volume 71, Number 21 (Wednesday, February 1, 2006)]
[Notices]
[Page 5409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1372]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-22971; Notice 2]


Weekend Warrior Trailers, Inc., Denial of Petition for Decision 
of Inconsequential Noncompliance

    Weekend Warrior Trailers, Inc. (Weekend Warrior) has determined 
that certain ramp-equipped travel trailers that it produced in 2001 
through 2005 do not comply with 49 CFR 571.108, Federal Motor Vehicle 
Safety Standard (FMVSS) No. 108, ``Lamps, reflective devices, and 
associated equipment.'' Pursuant to 49 U.S.C. 30118(d) and 30120(h), 
Weekend Warrior has petitioned for a determination that this 
noncompliance is inconsequential to motor vehicle safety and has filed 
an appropriate report pursuant to 49 CFR part 573, ``Defect and 
Noncompliance Reports.'' Notice of receipt of the petition was 
published, with a 30 day comment period, on November 23, 2005 in the 
Federal Register (70 FR 70915). NHTSA received one comment.
    Affected are a total of approximately 13,447 ramp-equipped travel 
trailers produced between January 2001 and September 2005. FMVSS No. 
108 requires that these vehicles be equipped with amber intermediate 
side marker lamps and reflex reflectors, and red identification lamps. 
However, the subject vehicles are not equipped with these devices.
    Weekend Warrior believes that the noncompliance is inconsequential 
to motor vehicle safety and that no corrective action is warranted. 
Weekend Warrior states that the noncompliance has caused no safety 
related accidents or injuries, and that it has received no customer 
complaints or notification of injuries or deaths related to the absence 
of the required items.
    NHTSA has reviewed the petition and has determined that the 
noncompliance is not inconsequential to motor vehicle safety.
    Weekend Warrior did not equip the subject trailers with 
identification lamps, intermediate side reflex reflectors, or 
intermediate side marker lamps, all of which have been required on 
large trailers since January 1, 1969. The ability of motorists to 
distinguish large trucks and trailers from passenger vehicles is an 
essential component of crash avoidance because of size, maneuvering, 
and speed differences between the two types of vehicles. High mounted 
identification lamps uniquely identify large vehicles and do so with 
the longest possible sight preview of the lamps. Intermediate side 
marker lamps and reflex reflectors provide additional marking to notify 
oncoming drivers of the presence of a long vehicle and one across the 
roadway.
    The agency received one comment from FMVSS Consulting, which 
supported denial of this petition, based on the safety need for 
enhanced lighting and conspicuity materials which, the commenter 
states, are needed because ``[t]railers need abundant conspicuity at 
night to meet the need for safety.'' NHTSA agrees.
    A review of NHTSA's research report ``An Analysis of Fatal Large 
Truck Crashes'' (DOT HS 809 569) indicates that 7,026 passenger vehicle 
drivers died as a result of crashes with combination trucks (i.e., 
trucks pulling trailers) from 1996 through 1999. Of those, 11 percent 
were rear end collisions with the passenger vehicle striking the 
combination truck, 13 percent were sideswipes where the passenger 
vehicle encroached, and 5 percent were related to trucks turning across 
the path of the passenger vehicle. NHTSA believes that commercial 
vehicle conspicuity may have been a factor in many of these crashes. 
Therefore, NHTSA concludes that the manufacturer's installation of 
these components, as required by FMVSS No. 108, is critical for motor 
vehicle safety.
    Weekend Warrior notes that it has not received any complaints or 
reports of injury as a result of the missing equipment. The agency does 
not consider the company's having not received such complaints or 
reports to be compelling evidence of the inconsequentiality of this 
noncompliance to safety.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has not met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Weekend Warrior's petition is hereby denied.

    Authority:  (49 U.S.C. 30118, 30120; delegations of authority at 
CFR 1.50 and 501.8.)

    Issued on: Janaury 27, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E6-1372 Filed 1-31-06; 8:45 am]
BILLING CODE 4910-59-P