Auto Temp, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 38261-38262 [E9-18253]

Download as PDF Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices however, it will become accessible for public review at a future date. obtained within 3 minutes subsequent to test shall weight more than 4.25g (0.15oz). (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on federal programs and activities apply to this program.) Auto Temp explained that the noncompliance is that the subject backlights do not meet the fracture test requirements of FMVSS No. 205 Section 5.7 Fracture Test 7 ANSI/SAE Z26.1– 1996, because several tests revealed that out of 8 tested backlights, 6 contained fragments that exceeded the 4.25g (0.15oz) threshold specified by the above standard. Auto Temp states that it believes that this noncompliance is inconsequential to motor vehicle safety for the following reasons. Out of several thousand total fragments no more than 2 noncompliant fragments were found from a single backlight. Each of the noncompliant fragments exhibited all of the characteristics of tempered safety glass. The position of the noncompliant fragments in the backlight, coupled with the package tray location of the Honda Civic 2–Door Coupe, minimizes the potential for any contact between glass fragments and vehicle occupants. The extremely low percentage of noncompliant fragments, together with the small number of total affected backlights, results in a minimal impact on issue of motor vehicle safety. Auto Temp also has informed NHTSA that since it has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety it has not yet formulated a remedy for the noncompliance. However, Auto Temp has agreed to reimburse its customers for all returned parts (FB22692 GTY ATI backlights produces on July 14, 2008) regardless of the filing of an inconsequential petition. Auto Temp also informed NHTSA that it has corrected the problem that caused this noncompliance. In summation, Auto Temp states that it believes that the noncompliances are inconsequential to motor vehicle safety and that no corrective action is warranted. 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. Interested persons are invited to submit written data, views, and arguments on this petition. Comments Issued on: July 27, 2009. Salvador Deocampo, District Engineer. [FR Doc. E9–18292 Filed 7–30–09; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2009–0113; Notice 1] PWALKER on DSK8KYBLC1PROD with NOTICES Auto Temp, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance Auto Temp, Inc. (Auto Temp) has determined that certain replacement backlights (part number FB22692 GTY ATI), manufactured for 2006–09 Honda Civic 2–Door Coupe passenger cars, do not fully comply with paragraph S5.2 of 49 CFR 571.205, Federal Motor Vehicle Safety Standard (FMVSS) No. 205 Glazing Materials. Auto Temp has filed an appropriate report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Auto Temp has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Auto Temp’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. Auto Temp estimated that 68 replacement backlights manufactured on July 14, 2008, intended for 2006–09 Honda Civic 2–Door coupe passenger cars, are involved and that 80% of those backlights may be noncompliant. Paragraphs S5.2 of FMVSS No. 108 require in pertinent part: S5.2 Each of the test specimens described in ANSI/SAE Z26.1–1996 Section 5.7 (fracture test) must meet the fracture test requirements of that section when tested in accordance with the test procedure set forth in that section. 5.7.4 Interpretation of Results. NO individual fragment free from cracks and VerDate Nov<24>2008 16:38 Jul 30, 2009 Jkt 217001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 38261 must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods: a. 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. b. By hand delivery 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. c. Electronically: by logging onto the Federal Docket Management System (FDMS) Web site at http:// www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to 1–202– 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 your comments were received, please enclose a stamped, selfaddressed postcard with the comments. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). You may view documents submitted to a docket at the address and times given above. You may also view the documents on the Internet at http:// www.regulations.gov by following the online instructions for accessing the dockets available at that Web site. The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed 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 be published in the Federal Register pursuant to the authority indicated below. E:\FR\FM\31JYN1.SGM 31JYN1 38262 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices Comment closing date: August 31, 2009. Authority: (49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8). Issued on: July 27, 2009. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E9–18253 Filed 7–30–09; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Office of the Secretary Aviation Proceedings, Agreements Filed the Week Ending July 18, 2009 The following Agreements were filed with the Department of Transportation under the sections 412 and 414 of the Federal Aviation Act, as amended (49 U.S.C. 1382 and 1384) and procedures governing proceedings to enforce these provisions. Answers may be filed within 21 days after the filing of the application. Docket Number: DOT–OST–2009– 0164. Date Filed: July 17, 2009. Parties: Members of the International Air Transport Association. Subject: PTC COMP Mail Vote 604. Resolution 010d. Establishing Passenger Fares and Related Charges from Nepal (Memo 1535). Intended effective date: 1 August 2009. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E9–18293 Filed 7–30–09; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8082 Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. PWALKER on DSK8KYBLC1PROD with NOTICES AGENCY: SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, VerDate Nov<24>2008 16:38 Jul 30, 2009 Jkt 217001 Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8082, Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR). DATES: Written comments should be received on or before September 29, 2009 to be assured of consideration. ADDRESSES: Direct all written comments to R. Joseph Durbala, Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Dawn Bidne, at (202) 622–3933, or at Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or through the Internet at Dawn.E.Bidne@irs.gov. SUPPLEMENTARY INFORMATION: Title: Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR). OMB Number: 1545–0790. Form Number: 8082. Abstract: A partner, S corporation shareholder, or the holder of a residual interest in a real estate mortgage investment conduit (REMIC) generally must report items consistent with the way they were reported by the partnership or S corporation on Schedule K–1 or by the REMIC on Schedule Q. Also, an estate or domestic trust beneficiary, or a foreign trust owner or beneficiary, is subject to the consistency reporting requirements for returns filed after August 5, 1997. Form 8082 is used to notify the IRS of any inconsistency between the tax treatment of items reported by the partner, shareholder, etc., and the way the passthrough entity treated and reported the same item on its tax return. Current Actions: There are no changes being made to the form at this time. Type of Review: Extension of a currently approved collection. Affected Public: Business or other forprofit organizations, individuals, and farms. Estimated Number of Respondents: 7,067. Estimated Time per Respondent: 7 hr., 13 min. Estimated Total Annual Burden Hours: 51,024. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: July 22, 2009. Allan Hopkins, IRS Reports Clearance Officer. [FR Doc. E9–18256 Filed 7–30–09; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900—New (Call Center)] Proposed Information Collection (Call Center Satisfaction Survey): Comment Request AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Veterans Benefits Administration (VBA), 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 new collection, and allow 60 days for public comment in response to the notice. This notice solicits comments for information needed from Veterans regarding their E:\FR\FM\31JYN1.SGM 31JYN1

Agencies

[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Notices]
[Pages 38261-38262]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18253]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0113; Notice 1]


Auto Temp, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Auto Temp, Inc. (Auto Temp) has determined that certain replacement 
backlights (part number FB22692 GTY ATI), manufactured for 2006-09 
Honda Civic 2-Door Coupe passenger cars, do not fully comply with 
paragraph S5.2 of 49 CFR 571.205, Federal Motor Vehicle Safety Standard 
(FMVSS) No. 205 Glazing Materials. Auto Temp has filed an appropriate 
report pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Auto Temp has petitioned for an exemption from the 
notification and remedy requirements of 49 U.S.C. Chapter 301 on the 
basis that this noncompliance is inconsequential to motor vehicle 
safety.
    This notice of receipt of Auto Temp'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.
    Auto Temp estimated that 68 replacement backlights manufactured on 
July 14, 2008, intended for 2006-09 Honda Civic 2-Door coupe passenger 
cars, are involved and that 80% of those backlights may be 
noncompliant.
    Paragraphs S5.2 of FMVSS No. 108 require in pertinent part:

    S5.2 Each of the test specimens described in ANSI/SAE Z26.1-1996 
Section 5.7 (fracture test) must meet the fracture test requirements 
of that section when tested in accordance with the test procedure 
set forth in that section.
    5.7.4 Interpretation of Results. NO individual fragment free 
from cracks and obtained within 3 minutes subsequent to test shall 
weight more than 4.25g (0.15oz).

    Auto Temp explained that the noncompliance is that the subject 
backlights do not meet the fracture test requirements of FMVSS No. 205 
Section 5.7 Fracture Test 7 ANSI/SAE Z26.1-1996, because several tests 
revealed that out of 8 tested backlights, 6 contained fragments that 
exceeded the 4.25g (0.15oz) threshold specified by the above standard.
    Auto Temp states that it believes that this noncompliance is 
inconsequential to motor vehicle safety for the following reasons. Out 
of several thousand total fragments no more than 2 noncompliant 
fragments were found from a single backlight. Each of the noncompliant 
fragments exhibited all of the characteristics of tempered safety 
glass. The position of the noncompliant fragments in the backlight, 
coupled with the package tray location of the Honda Civic 2-Door Coupe, 
minimizes the potential for any contact between glass fragments and 
vehicle occupants. The extremely low percentage of noncompliant 
fragments, together with the small number of total affected backlights, 
results in a minimal impact on issue of motor vehicle safety.
    Auto Temp also has informed NHTSA that since it has petitioned for 
an exemption from the notification and remedy requirements of 49 U.S.C. 
Chapter 301 on the basis that this noncompliance is inconsequential to 
motor vehicle safety it has not yet formulated a remedy for the 
noncompliance. However, Auto Temp has agreed to reimburse its customers 
for all returned parts (FB22692 GTY ATI backlights produces on July 14, 
2008) regardless of the filing of an inconsequential petition.
    Auto Temp also informed NHTSA that it has corrected the problem 
that caused this noncompliance.
    In summation, Auto Temp states that it believes that the 
noncompliances are inconsequential to motor vehicle safety and that no 
corrective action is warranted.
    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.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods:
    a. 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.
    b. By hand delivery 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.
    c. Electronically: by logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    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 your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). DOT's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 (65 
FR 19477-78).
    You may view documents submitted to a docket at the address and 
times given above. You may also view the documents on the Internet at 
http://www.regulations.gov by following the online instructions for 
accessing the dockets available at that Web site.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed 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 be published in the Federal 
Register pursuant to the authority indicated below.

[[Page 38262]]

    Comment closing date: August 31, 2009.

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

    Issued on: July 27, 2009.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9-18253 Filed 7-30-09; 8:45 am]
BILLING CODE 4910-59-P