OSRAM SYLVANIA Products, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 4420-4421 [2011-1417]

Download as PDF 4420 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Reports, Forms and Record Keeping Requirements Agency Information Collection Activity Under OMB Review National Highway Traffic Safety Administration, DOT. ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted regarding the Uniform Tire Quality Grading Standard (UTQGS) below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The Federal Register Notice with a 60-day comment period was published on October 22, 2010 [75 FR 65395]. DATES: Comments must be submitted on or before February 15, 2011. FOR FURTHER INFORMATION CONTACT: Mr. Hisham Mohamed at the National Highway Traffic Safety Administration, Office of International Policy, Fuel Economy and Consumer Programs (NVS–131), 1200 New Jersey Ave, SE., W43–437, Washington, DC 20590. Mr. Mohamed’s telephone number is (202) 366–0307. SUPPLEMENTARY INFORMATION: mstockstill on DSKH9S0YB1PROD with NOTICES SUMMARY: National Highway Traffic Safety Administration Title: 49 CFR Part 575.104; Uniform Tire Quality Grading Standard. OMB Number: 2127–0519. Type of Request: Extension of a currently approved information collection. Abstract: Part 575 requires tire manufacturers and tire brand name owners to submit reports to NHTSA regarding the UTQGS grades of all passenger car tire lines they offer for sale in the United States. This information is used by consumers of passenger car tires to compare tire quality in making their purchase decisions. The information is provided in several different ways to insure that the consumer can readily see and understand the tire grades: (1) The grades are molded into the sidewall of the tire so that they can be reviewed on both the new and old tires; (2) a paper label is affixed to the tread face of the new tires that provides the grades of that particular tireline along with an explanation of the grading system; (3) VerDate Mar<15>2010 18:40 Jan 24, 2011 Jkt 223001 the tire manufacturer or brand name owner provides prospective purchasers of tires the information for each tire offered for sale at the particular location; (4) vehicle manufacturers include in the owner’s manual of each vehicle the grade information for the tires with which the vehicle is equipped; (5) NHTSA compiles the grading information of all manufacturers’ tirelines into a booklet that is available to the public both in printed form and on NHTSA’s Web site. Affected Public: All passenger car tire manufacturers and brand name owners offering passenger car tires for sale in the United States. Estimated Total Annual Burden: NHTSA estimates that a cost of approximately $25.5 million to tire manufacturers is required to comply with this regulation. ADDRESSES: Send comments, within 30 days, to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725–17th Street, NW., Washington, DC 20503, Attention NHTSA Desk Officer. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is most effective if OMB receives it within 30 days of publication. that certain Type ‘‘H11 C’’ light sources that it manufactured fail to meet the requirements of paragraph S7.7 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. OSRAM SYLVANIA has filed an appropriate report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports, dated August 24, 2010. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), OSRAM SYLVANIA 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 OSRAM SYLVANIA’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. OSRAM SYLVANIA estimates that approximately 28,412 ‘‘H11 C’’ light sources(bulbs) that it manufactured on June 23 and 24, 2010 are affected. All of the affected light sources were manufactured by OSRAM GmbH, Industriestrasse, Herbrechtingen, Germany. 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 allows 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. Paragraph S7.7 of FMVSS No. 108 requires in pertinent part: Issued on: January 20, 2011. Joseph Carra, Acting Associate Administrator for Rulemaking. S7.7 Replaceable light sources. Each replaceable light source shall be designed to conform to the dimensions and electrical specifications furnished with respect to it pursuant to part 564 of this chapter, and shall conform to the following requirements: (a) If other than an HB Type, the light source shall be marked with the bulb marking designation specified for it in compliance with Appendix A or Appendix B of part 564 of this chapter. The base of each HB Type shall be marked with its HB Type designation. Each replaceable light source shall also be marked with the symbol DOT and with a name or trademark in accordance with paragraph S7.2* * * [FR Doc. 2011–1462 Filed 1–24–11; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2010–0177; Notice 1] OSRAM SYLVANIA Products, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance OSRAM SYLVANIA Products, Inc., (OSRAM SYLVANIA) 1, has determined OSRAM SYLVANIA described the noncompliance as the mismarking of type ‘‘H11 C’’ lighting sources as type ‘‘H11.’’ 1 OSRAM SYLVANIA Products, Inc., is organized under the laws of the State of Delaware and is a manufacturer and importer of replacement equipment. PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 E:\FR\FM\25JAN1.SGM 25JAN1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices In its petition OSRAM SYLVANIA argues that the noncompliance is inconsequential to motor vehicle safety for the following reasons: (1) The noncompliance in this case pertains solely to the failure of the subject light sources to meet the applicable markings requirements. (2) ‘‘H11 C’’ light sources are designed to be completely interchangeable with the original ‘‘H11’’ light sources. When Philips Lighting B.V., submitted its modification to the ‘‘H11’’ light source specification that became the ‘‘H11 C’’ specification it certified that use of the ‘‘H11 C’’ light source will not create a noncompliance with any requirement of FMVSS No. 108 when used to replace ‘‘H11’’ light source in a headlamp certified by its manufacturer as conforming to all applicable Federal motor vehicle safety standards. Subject ‘‘H11 C’’ light sources are designed to conform to Part 564 Docket NHTSA 98– 3397–81 including the additional requirements under IX. In other words, inadvertent installation of a subject ‘‘H11 C’’ light source in place of an ‘‘H11’’ light source—or vice versa—will not create a noncompliance with any of the performance or interchangeability requirements of FMVSS No. 108 (including beam pattern photometrics) or otherwise present an increased risk to motor vehicle safety. (3) ‘‘H11 C’’ light sources have the same filament position, dimension and tolerances, capsule and capsule support dimensions, bulb base interchangeability dimensions, seal specifications, and electrical specifications as the ‘‘H11.’’ The only difference between the ‘‘H11’’ light source and the ‘‘H11 C’’ light source is that the ‘‘H11 C’’ provides for the light transmitting portion of the glass wall to incorporate a color controlling optical filter in order to improve visibility.2 (4) The agency has concluded in previous similar petitions that a noncompliance is inconsequential when mismarked light sources are otherwise fully compliant with the performance requirements of the standard. Supported by the above stated reasons, OSRAM SYLVANIA believes that the described FMVSS No. 108 noncompliance is inconsequential to motor vehicle safety, and that its petition, to exempt it from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120, should be granted. 2 Petition for ‘‘H11 C’’ Replaceable Light Sources Listing, Docket NHTSA 98–3397–81, November 1, 2007. VerDate Mar<15>2010 18:40 Jan 24, 2011 Jkt 223001 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 https:// 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 https:// www.regulations.gov, including any personal information provided. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at https://www.regulations.gov by following the online instructions for accessing the dockets. DOT’s complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000 (65 FR 19477–78). 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. Comment closing date: February 24, 2011. PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 4421 Authority: (49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8) Issued on: January 18, 2011. Claude H. Harris, Acting Associate Administrator for Enforcement. [FR Doc. 2011–1417 Filed 1–24–11; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2010–0178; Notice 1] Mercedes-Benz USA, LLC and Daimler AG, Receipt of Petition for Decision of Inconsequential Noncompliance Mercedes-Benz USA, LLC (MBUSA) 1 on behalf of itself and on behalf of its parent company Daimler AG (DAG) has determined that certain 2002–2009 GClass multipurpose vehicles, equipped with headlamp grill shields, that were manufactured from September 2002 through August 2008, fail to meet the requirements of paragraph S7.8.5 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. MB has filed an appropriate report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports, dated September 27, 2010. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), MBUSA 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 MB’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. MBUSA estimates that approximately 1,938 2002–2009 G-Class multipurpose passenger vehicles equipped with headlamp grill shields are affected. The vehicles were manufactured by its parent company DAG from September 2002 through August 2008. 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 1 Mercedes-Benz USA, LLC (MBUSA), is organized under the laws of the state of Delaware. MBUSA is the importer of the subject vehicles and Daimler AG is the manufacturer of the vehicles. Daimler AG is organized under the laws of Germany. E:\FR\FM\25JAN1.SGM 25JAN1

Agencies

[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4420-4421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1417]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0177; Notice 1]


OSRAM SYLVANIA Products, Inc., Receipt of Petition for Decision 
of Inconsequential Noncompliance

    OSRAM SYLVANIA Products, Inc., (OSRAM SYLVANIA) \1\, has determined 
that certain Type ``H11 C'' light sources that it manufactured fail to 
meet the requirements of paragraph S7.7 of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated 
Equipment. OSRAM SYLVANIA has filed an appropriate report pursuant to 
49 CFR part 573, Defect and Noncompliance Responsibility and Reports, 
dated August 24, 2010.
---------------------------------------------------------------------------

    \1\ OSRAM SYLVANIA Products, Inc., is organized under the laws 
of the State of Delaware and is a manufacturer and importer of 
replacement equipment.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), OSRAM SYLVANIA 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 OSRAM SYLVANIA'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.
    OSRAM SYLVANIA estimates that approximately 28,412 ``H11 C'' light 
sources(bulbs) that it manufactured on June 23 and 24, 2010 are 
affected. All of the affected light sources were manufactured by OSRAM 
GmbH, Industriestrasse, Herbrechtingen, Germany.
    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 allows 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.
    Paragraph S7.7 of FMVSS No. 108 requires in pertinent part:

    S7.7 Replaceable light sources. Each replaceable light source 
shall be designed to conform to the dimensions and electrical 
specifications furnished with respect to it pursuant to part 564 of 
this chapter, and shall conform to the following requirements:
    (a) If other than an HB Type, the light source shall be marked 
with the bulb marking designation specified for it in compliance 
with Appendix A or Appendix B of part 564 of this chapter. The base 
of each HB Type shall be marked with its HB Type designation. Each 
replaceable light source shall also be marked with the symbol DOT 
and with a name or trademark in accordance with paragraph S7.2* * *

    OSRAM SYLVANIA described the noncompliance as the mismarking of 
type ``H11 C'' lighting sources as type ``H11.''

[[Page 4421]]

    In its petition OSRAM SYLVANIA argues that the noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (1) The noncompliance in this case pertains solely to the failure 
of the subject light sources to meet the applicable markings 
requirements.
    (2) ``H11 C'' light sources are designed to be completely 
interchangeable with the original ``H11'' light sources. When Philips 
Lighting B.V., submitted its modification to the ``H11'' light source 
specification that became the ``H11 C'' specification it certified that 
use of the ``H11 C'' light source will not create a noncompliance with 
any requirement of FMVSS No. 108 when used to replace ``H11'' light 
source in a headlamp certified by its manufacturer as conforming to all 
applicable Federal motor vehicle safety standards. Subject ``H11 C'' 
light sources are designed to conform to Part 564 Docket NHTSA 98-3397-
81 including the additional requirements under IX. In other words, 
inadvertent installation of a subject ``H11 C'' light source in place 
of an ``H11'' light source--or vice versa--will not create a 
noncompliance with any of the performance or interchangeability 
requirements of FMVSS No. 108 (including beam pattern photometrics) or 
otherwise present an increased risk to motor vehicle safety.
    (3) ``H11 C'' light sources have the same filament position, 
dimension and tolerances, capsule and capsule support dimensions, bulb 
base interchangeability dimensions, seal specifications, and electrical 
specifications as the ``H11.'' The only difference between the ``H11'' 
light source and the ``H11 C'' light source is that the ``H11 C'' 
provides for the light transmitting portion of the glass wall to 
incorporate a color controlling optical filter in order to improve 
visibility.\2\
---------------------------------------------------------------------------

    \2\ Petition for ``H11 C'' Replaceable Light Sources Listing, 
Docket NHTSA 98-3397-81, November 1, 2007.
---------------------------------------------------------------------------

    (4) The agency has concluded in previous similar petitions that a 
noncompliance is inconsequential when mismarked light sources are 
otherwise fully compliant with the performance requirements of the 
standard.
    Supported by the above stated reasons, OSRAM SYLVANIA believes that 
the described FMVSS No. 108 noncompliance is inconsequential to motor 
vehicle safety, and that its petition, to exempt it from providing 
recall notification of noncompliance as required by 49 U.S.C. 30118 and 
remedying the recall noncompliance as required by 49 U.S.C. 30120, 
should be granted.
    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 https://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 https://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at https://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    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.
    Comment closing date: February 24, 2011.

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

    Issued on: January 18, 2011.
Claude H. Harris,
Acting Associate Administrator for Enforcement.
[FR Doc. 2011-1417 Filed 1-24-11; 8:45 am]
BILLING CODE 4910-59-P
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