General Motors LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 75599-75600 [2011-31002]

Download as PDF Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Notices Methodology Passport applicants who do not receive their passports are required to complete a Statement of Non-Receipt of a Passport, Form DS–86. Passport applicants can either download the form from the Internet or pick one up from an Acceptance Facility/Passport Agency. The form must be completed, signed, and then submitted to the Acceptance Facility/Passport Agency for passport re-issuance. Dated: November 15, 2011. Barry J. Conway, Acting Deputy Assistant Secretary for Passport Services, Bureau of Consular Affairs, Department of State. [FR Doc. 2011–31063 Filed 12–1–11; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF STATE [Public Notice: 7704] 60-Day Notice of Proposed Information Collection: DS–71, Affidavit of Identifying Witness, 1405–0088 Notice of request for public comments. ACTION: The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. • Title of Information Collection: Affidavit of Identifying Witness. • OMB Control Number: 1405–0088. • Type of Request: Revision of a Currently Approved Collection. • Originating Office: Bureau of Consular Affairs, CA/PPT/PMO/PC. • Form Number: DS–71. • Respondents: Individuals who are verifying identity of a passport applicant. • Estimated Number of Respondents: 44,000 per year. • Estimated Number of Responses: 44,000 per year. • Average Hours Per Response: 5 min. • Total Estimated Burden: 3667 hours. • Frequency: On Occasion. • Obligation to Respond: Required to Obtain a Benefit. DATES: The Department will accept comments from the public up to 60 days from December 2, 2011. ADDRESSES: You may submit comments by any of the following methods: • Email: PPTFormsOfficer@state.gov. jlentini on DSK4TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:03 Dec 01, 2011 Jkt 226001 75599 • Mail (paper, disk, or CD–ROM submissions): Passport Forms Management Officer, U.S. Department of State, Office of Program Management and Operational Support, 2100 Pennsylvania Avenue NW., Room 3031, Washington, DC 20037. You must include the DS form number (if applicable), information collection title, and OMB control number in any correspondence. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed information collection and supporting documents, to Passport Forms Management and Officer, U.S. Department of State, Office of Program Management and Operational Support, 2100 Pennsylvania Avenue NW., Room 3031, Washington, DC 20037, who may be reached on (202) 663–2457 or at PPTFormsOfficer@state.gov. SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper performance of our functions. • Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of technology. Dated: November 15, 2011. Barry J. Conway, Acting Deputy Assistant Secretary for Passport Services, Bureau of Consular Affairs, Department of State. Abstract of Proposed Collection The Affidavit of Identifying Witness is submitted in conjunction with an application for a U.S. passport. It is used by Passport Services to collect information for the purpose of establishing the identity of the applicant. This application is completed by the identifying witness when the applicant is unable to establish his or her identity to the satisfaction of a person authorized to accept passport applications. National Highway Traffic Safety Administration Methodology The Affidavit of Identifying Witness is submitted in conjunction with an application for a U.S. passport. Due to legislative mandates Form DS–0071 is only available at acceptance facilities and passport agencies. This form must be completed and signed in the presence of an authorized Passport Agent, Acceptance Agent, or Consular Officer. PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 [FR Doc. 2011–31065 Filed 12–1–11; 8:45 am] BILLING CODE 4710–06–P DEPARTMENT OF STATE [Public Notice: 7659] Advisory Committee on International Economic Policy; Notice of Meeting Cancellation The meeting of the Advisory Committee on International Economic Policy (Public Notice 7654) scheduled for 2 to 4 p.m. on Thursday, December 8, 2011, to examine A New Focus on Investment: Attracting Inbound Foreign Direct Investment to the U.S. and highlight the U.S.-Turkey Economic Partnership Commission has been cancelled. For additional information, contact Deputy Outreach Coordinator Tiffany Enoch, Office of Economic Policy Analysis and Public Diplomacy, Bureau of Economic, and Business Affairs, at (202) 647–2231 or EnochT@state.gov. Dated: November 28, 2011. Maryruth Coleman, Office Director, Office of Economic Policy Analysis and Public Diplomacy, U.S. Department of State. [FR Doc. 2011–31066 Filed 12–1–11; 8:45 am] BILLING CODE 4710–07–P DEPARTMENT OF TRANSPORTATION [Docket No. NHTSA–2010–0151; Notice 2] General Motors LLC, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Notice of petition grant. AGENCY: SUMMARY: General Motors LLC (GM),1 has determined that approximately 1,113 Model Year (MY) 2011 Buick Regal passenger cars do not fully comply with paragraph S4.3(d) of 49 CFR 571.110, Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire selection and rims and motor home/ recreation vehicle trailer load carrying capacity information for motor vehicles 1 General Motors LLC (GM) is vehicle manufacturer incorporated under the laws of the state of Michigan. E:\FR\FM\02DEN1.SGM 02DEN1 jlentini on DSK4TPTVN1PROD with NOTICES 75600 Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Notices with a GVWR of 4,536 kilograms (10,000 pounds) or less. GM filed an appropriate report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports dated July 26, 2010. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR Part 556, GM 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. Notice of receipt of the petition was published, with a 30-day public comment period, on November 19, 2010 in the Federal Register (75 FR 70963). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2010– 0151.’’ For further information on this decision, contact Mr. John Finneran, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–0645, facsimile (202) 3665930. GM estimates that approximately 1,113 model year 2011 Buick Regal passenger cars manufactured between January 20, 2010, and May 18, 2010, at ¨ GM’s Russelsheim assembly plant are affected. GM explains that the noncompliance with FMVSS No. 110 is the omission of the letter ‘‘T’’ in the spare tire size printed on the tire and loading information labels that it affixed to the vehicles. Currently the tire size designation shows the spare tire size as ‘‘125/80R16’’ instead of ‘‘T125/80R16.’’ GM additionally stated that it believes that this noncompliance is inconsequential to motor vehicle safety for the following reasons: (1) All information for maintaining and/or replacing the front and rear tires, as well as the seating capacity and vehicle capacity weight are correct on tire and loading information labels on the subject vehicles. (2) The vehicles are equipped with spare tires that have the complete tire size (T125/80R16) molded into their sidewalls. (3) When a customer needs to replace the spare tire, he/she will take the vehicle to a tire store. The tire store will know what compact spare tire is needed based on the information in their catalog or by looking at the spare tire provided with the vehicle. If they rely on spare tire size printed on the tire and loading VerDate Mar<15>2010 17:03 Dec 01, 2011 Jkt 226001 information label, they will find the spare tire size ‘‘125/80R16’’ without the letter T. This should not cause confusion or error because the only tire available with the size designation of ‘‘125/80R16’’ is the compact spare tire ‘‘T125/80R16.’’ (4) Risk to the public is negligible because the vehicles are equipped with the correct spare tire, and the tire and loading information label does have the correct inflation pressure for the compact spare tire. (5) GM is not aware of any incidents or injuries related to the subject condition. GM has additionally informed NHTSA that it has corrected the noncompliance so that all future production vehicles will have compliant labels. Supported by the above stated reasons, GM believes that the subject 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. NHTSA Decision: The intent of FMVSS No. 110 is to ensure that vehicles are equipped with tires appropriate to handle maximum vehicle loads and prevent overloading. NHTSA has confirmed that: The installed and labeled tires, including the spare, when inflated to the labeled recommended cold inflation pressure are appropriate to handle the vehicle maximum loads; the tire and loading information labels on subject vehicles are correct, except for the subject noncompliance; the vehicles are equipped with spare tires that have the complete tire size (T125/ 80R16) molded into their sidewalls; and the only tire available with the size designation of ‘‘125/80R16’’ is the compact spare tire ‘‘T125/80R16’’. Consequently, the subject noncompliance should not cause any unsafe conditions associated with determination of the correct tire inflation pressures or replacement tire selection for the subject vehicles. Therefore, NHTSA agrees with GM that the omission of the letter ‘‘T’’ in the spare tire size printed on the tire and loading information labels that it affixed to the vehicles does not have any adverse safety implications. NHTSA is also not aware of any customer complaints or field reports relating to this issue and GM has stated that it has corrected the problem that caused these errors so that they will not be repeated in future production. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 The National Highway Traffic Safety Administration (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. Therefore, these provisions only apply to the 1,113 2 vehicles that have already passed from the manufacturer to an owner, purchaser, or dealer. In consideration of the foregoing, NHTSA has decided that GM has met its burden of persuasion that the subject FMVSS No. 110 labeling noncompliance is inconsequential to motor vehicle safety. Accordingly, GM’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the subject noncompliance under 49 U.S.C. 30118 and 30120. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: November 22, 2011. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2011–31002 Filed 12–1–11; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35570] Port Rail Link, Inc.—Acquisition and Operation Exemption—Rail Lines of Union Pacific Railroad Company and The Lake Charles Harbor and Terminal District Port Rail Link, Inc. (PRL), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to: (1) Acquire by lease from Union Pacific Railroad Company (UP) and operate a 2.3-mile rail line between mileposts 9.45 and 7.15, at or near Harbor Yard at Lake Charles; and (2) acquire by lease from The Lake Charles Harbor and Terminal District (the District), operator 2 GM’s petition, which was filed under 49 CFR part 556, requests an agency decision to exempt GM as a manufacturer from the notification and recall responsibilities of 49 CFR part 573 for the affected vehicles. However, a decision on this petition cannot relieve distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after GM notified them that the subject noncompliance existed. E:\FR\FM\02DEN1.SGM 02DEN1

Agencies

[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Notices]
[Pages 75599-75600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31002]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0151; Notice 2]


General Motors LLC, Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of petition grant.

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SUMMARY: General Motors LLC (GM),\1\ has determined that approximately 
1,113 Model Year (MY) 2011 Buick Regal passenger cars do not fully 
comply with paragraph S4.3(d) of 49 CFR 571.110, Federal Motor Vehicle 
Safety Standard (FMVSS) No. 110, Tire selection and rims and motor 
home/recreation vehicle trailer load carrying capacity information for 
motor vehicles

[[Page 75600]]

with a GVWR of 4,536 kilograms (10,000 pounds) or less. GM filed an 
appropriate report pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports dated July 26, 2010.
---------------------------------------------------------------------------

    \1\ General Motors LLC (GM) is vehicle manufacturer incorporated 
under the laws of the state of Michigan.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR Part 556, GM 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. Notice of receipt of the petition was published, 
with a 30-day public comment period, on November 19, 2010 in the 
Federal Register (75 FR 70963). No comments were received. To view the 
petition and all supporting documents log onto the Federal Docket 
Management System (FDMS) Web site at: http://www.regulations.gov/. Then 
follow the online search instructions to locate docket number ``NHTSA-
2010-0151.''
    For further information on this decision, contact Mr. John 
Finneran, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-0645, 
facsimile (202) 366- 5930.
    GM estimates that approximately 1,113 model year 2011 Buick Regal 
passenger cars manufactured between January 20, 2010, and May 18, 2010, 
at GM's R[uuml]sselsheim assembly plant are affected.
    GM explains that the noncompliance with FMVSS No. 110 is the 
omission of the letter ``T'' in the spare tire size printed on the tire 
and loading information labels that it affixed to the vehicles. 
Currently the tire size designation shows the spare tire size as ``125/
80R16'' instead of ``T125/80R16.''
    GM additionally stated that it believes that this noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (1) All information for maintaining and/or replacing the front and 
rear tires, as well as the seating capacity and vehicle capacity weight 
are correct on tire and loading information labels on the subject 
vehicles.
    (2) The vehicles are equipped with spare tires that have the 
complete tire size (T125/80R16) molded into their sidewalls.
    (3) When a customer needs to replace the spare tire, he/she will 
take the vehicle to a tire store. The tire store will know what compact 
spare tire is needed based on the information in their catalog or by 
looking at the spare tire provided with the vehicle. If they rely on 
spare tire size printed on the tire and loading information label, they 
will find the spare tire size ``125/80R16'' without the letter T. This 
should not cause confusion or error because the only tire available 
with the size designation of ``125/80R16'' is the compact spare tire 
``T125/80R16.''
    (4) Risk to the public is negligible because the vehicles are 
equipped with the correct spare tire, and the tire and loading 
information label does have the correct inflation pressure for the 
compact spare tire.
    (5) GM is not aware of any incidents or injuries related to the 
subject condition.
    GM has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production vehicles will have 
compliant labels.
    Supported by the above stated reasons, GM believes that the subject 
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.
    NHTSA Decision: The intent of FMVSS No. 110 is to ensure that 
vehicles are equipped with tires appropriate to handle maximum vehicle 
loads and prevent overloading. NHTSA has confirmed that: The installed 
and labeled tires, including the spare, when inflated to the labeled 
recommended cold inflation pressure are appropriate to handle the 
vehicle maximum loads; the tire and loading information labels on 
subject vehicles are correct, except for the subject noncompliance; the 
vehicles are equipped with spare tires that have the complete tire size 
(T125/80R16) molded into their sidewalls; and the only tire available 
with the size designation of ``125/80R16'' is the compact spare tire 
``T125/80R16''. Consequently, the subject noncompliance should not 
cause any unsafe conditions associated with determination of the 
correct tire inflation pressures or replacement tire selection for the 
subject vehicles.
    Therefore, NHTSA agrees with GM that the omission of the letter 
``T'' in the spare tire size printed on the tire and loading 
information labels that it affixed to the vehicles does not have any 
adverse safety implications.
    NHTSA is also not aware of any customer complaints or field reports 
relating to this issue and GM has stated that it has corrected the 
problem that caused these errors so that they will not be repeated in 
future production.
    The National Highway Traffic Safety Administration (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. Therefore, these provisions only 
apply to the 1,113 \2\ vehicles that have already passed from the 
manufacturer to an owner, purchaser, or dealer.
---------------------------------------------------------------------------

    \2\ GM's petition, which was filed under 49 CFR part 556, 
requests an agency decision to exempt GM as a manufacturer from the 
notification and recall responsibilities of 49 CFR part 573 for the 
affected vehicles. However, a decision on this petition cannot 
relieve distributors and dealers of the prohibitions on the sale, 
offer for sale, or introduction or delivery for introduction into 
interstate commerce of the noncompliant vehicles under their control 
after GM notified them that the subject noncompliance existed.
---------------------------------------------------------------------------

    In consideration of the foregoing, NHTSA has decided that GM has 
met its burden of persuasion that the subject FMVSS No. 110 labeling 
noncompliance is inconsequential to motor vehicle safety. Accordingly, 
GM's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the subject 
noncompliance under 49 U.S.C. 30118 and 30120.

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

    Issued on: November 22, 2011.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2011-31002 Filed 12-1-11; 8:45 am]
BILLING CODE 4910-59-P