Morgan 3 Wheeler Limited, Receipt of Petition for Decision of Inconsequential Noncompliance, 2507-2508 [2014-00568]

Download as PDF Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Notices Issued on: January 9, 2014. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2014–00567 Filed 1–13–14; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2013–0102; Notice 1] Morgan 3 Wheeler Limited, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Morgan 3 Wheeler Limited (Morgan) 1 has determined that certain model year (MY) 2012 and 2013 Morgan model M3W three-wheeled motorcycles, do not fully comply with paragraph S6 of Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. Morgan has filed an appropriate report dated August 6, 2013, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is February 13, 2014. ADDRESSES: 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: • Mail: Send comments 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. • Hand Deliver: Deliver comments by hand 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. • Electronically: Submit comments 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 (202) 493–2251. emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: 1 Morgan 3 Wheeler Limited is an English corporation that manufactures motor vehicles. VerDate Mar<15>2010 16:32 Jan 13, 2014 Jkt 232001 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. SUPPLEMENTARY INFORMATION: I. Morgan’s petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Morgan submitted a petition 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 Morgan’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. II. Vehicles involved: Affected are approximately 139 MY 2012 and 2013 Morgan model M3W three-wheeled motorcycles manufactured during the period August 1, 2012 to August 14, 2013. III. Noncompliance: Morgan explains that the noncompliance is that the wind deflectors on the vehicles do not have the markings required by FMVSS No. 205. IV. Rule Text: Paragraph S6 of FMVSS No. 205 requires in pertinent part: S6.1 A prime glazing material manufacturer must certify, in accordance PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 2507 with 49 U.S.C. 30115, each piece of glazing material to which this standard applies that is designed— (a) As a component of any specific motor vehicle or camper; or (b) To be cut into components for use in motor vehicles or items of motor vehicle equipment. S6.2 A prime glazing manufacturer certifies its glazing by adding to the marks required by section 7 of ANSI/SAE Z26.1– 1996, in letters and numerals of the same size, the symbol ‘‘DOT’’ and a manufacturer’s code mark that NHTSA assigns to the manufacturer. NHTSA will assign a code mark to a manufacturer after the manufacturer submits a written request to the Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 20590. The request must include the company name, address, and a statement from the manufacturer certifying its status as a prime glazing manufacturer as defined in S4. S6.3 A manufacturer or distributor who cuts a section of glazing material to which this standard applies, for use in a motor vehicle or camper, must— (a) Mark that material in accordance with section 7 of ANSI/SAE Z26.1–1996; and (b) Certify that its product complies with this standard in accordance with 49 U.S.C. 30115. V. Summary of Morgan’s Analyses: Morgan stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: a. The wind deflector fitted in the M3W uses glazing that conforms to item 6 ANSI 226.1–1996-windshields for motorcycles. It is so small (its dimensions are 1O″ x 5″) that it is not requisite for driving visibility. b. Morgan owners will go to Morgan dealers for replacement of the wind deflector. c. The noncompliance is not likely to increase the safety risk to individual occupants who experience the type of injurious event against which the standard was designed to protect. d. There have been no reports of any safety issues. Both in the US and the rest of the world, Morgan knows of no injuries caused by the noncompliance. e. The subject noncompliance here is inconsequential in view of the nature of the vehicle in question because Morgan possesses attributes enumerated in several previous NHTSA inconsequential noncompliance determinations that it believes can be applied to a decision on its petition. See Morgan’s petition for a complete discussion of its reasoning. Morgan additionally stated that it shall as regards ongoing production; mark the wind deflector to comply with the FMVSS No. 205 requirements. In summation, Morgan believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt from providing E:\FR\FM\14JAN1.SGM 14JAN1 2508 Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Notices 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 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, any decision on this petition only applies to the vehicles that Morgan no longer controlled at the time it determined that the noncompliance existed. However, a decision on this petition cannot relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, introduction or delivery for introduction into interstate commerce of the noncompliant motor vehicles under their control after Morgan notified them that the subject noncompliance existed. Authority: (49 U.S.C. 30118, 30120: Delegations of authority at 49 CFR 1.95 and 501.8) Issued on: January 9, 2014. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2014–00568 Filed 1–13–14; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Departmental Offices; Proposed Collection; Comment Request Notice and request for comments. ACTION: The Department of the Treasury, as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to comment on an information collection that is due for extension approval by the Office of Management and Budget. The Office of International Affairs within the Department of the Treasury is soliciting comments concerning the collection of data for the Annual Report of Foreign-Residents’ Holdings of U.S. Securities, including Selected Money Market Instruments. The next such collection, which is a benchmark survey, is to be conducted as of June 30, 2014. DATES: Written comments should be received on or before March 17, 2014 to be assured of consideration. ADDRESSES: Direct all written comments to Dwight Wolkow, International emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:32 Jan 13, 2014 Jkt 232001 Portfolio Investment Data Systems, Department of the Treasury, Room 5422, 1500 Pennsylvania Avenue NW., Washington DC 20220. In view of possible delays in mail delivery, please also notify Mr. Wolkow by email (dwight.wolkow@treasury.gov), FAX (202–622–2009) or telephone (202–622– 1276). FOR FURTHER INFORMATION CONTACT: Copies of the proposed forms and instructions are unchanged from the previous survey that was conducted as of June 30, 2013 (Form SHLA(2013)), except that the ‘‘who must report’’ section of the instructions is designed for a benchmark survey. Forms and instruction are available on the Treasury’s TIC Web page for ‘‘Forms SHL/SHLA & SHC/SHCA’’ (Part I.A), at: https://www.treasury.gov/resourcecenter/data-chart-center/tic/Pages/ forms-sh.aspx. Requests for additional information should be directed to Mr. Wolkow. SUPPLEMENTARY INFORMATION: Title: Treasury Department Form SHLA/SHL, Foreign-Residents’ Holdings of U.S. Securities, including Selected Money Market Instruments. OMB Number: 1505–0123 Abstract: These forms are used to conduct annual surveys of holdings by foreign-residents of U.S. securities for portfolio investment purposes. These data are used by the U.S. Government in the formulation of international and financial policies and for the computation of the U.S. balance of payments accounts and the U.S. international investment position. These data will also be used to provide information to the public and to meet international reporting commitments. The benchmark survey (Form SHL) is conducted once every five years, and requires reporting by all significant U.S.-resident custodians and U.S.resident security issuers. In nonbenchmark years an annual survey (Form SHLA) is conducted, and requires reports primarily from the very largest U.S.-resident custodians and issuers. The data requested will be the same in Form SHL and, during the four succeeding years, in Form SHLA. The determination of who must report in the annual surveys (SHLA) will be based upon the securities data submitted during the previous benchmark survey. The data collected under the annual surveys (SHLA) will be used in conjunction with the results of the previous benchmark survey to compute economy-wide estimates for the nonbenchmark years. Current Actions: No changes in the forms or instructions will be made from PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 the previous survey that was conducted as of June 30, 2013, except that the ‘‘who must report’’ section of the instructions is designed for a benchmark survey. Type of Review: Extension of a currently approved collection. Affected Public: Business/Financial Institutions. Forms: TDF SHLA, Schedule 1 and Schedule 2 (1505–0123); TDF SHL, Schedule 1 and Schedule 2 (1505– 0123). Estimated Number of Respondents: An annual average (over five years) of 191, but this varies widely from about 540 in benchmark years (once every five years) to about 104 in each of the other years (four out of every five years). Estimated Average Time per Respondent: an annual average (over five years) of about 168 hours, but this will vary widely from respondent to respondent. (a) In the year of a benchmark survey, which is conducted once every five years, it is estimated that exempt respondents will require an average of 17 hours; for custodians of securities, the estimate is a total of 321 hours on average, but this figure will vary widely for individual custodians; and for issuers of securities that have data to report and are not custodians, the estimate is 61 hours on average. (b) In a non-benchmark year, which occurs four years out of every five years, for the largest custodians of securities, the estimate is a total of 486 hours on average; and for the largest issuers of securities that have data to report and are not custodians, the estimate is 110 hours on average. Estimated Total Annual Burden Hours: An annual average (over five years) of 32,060 hours. Frequency of Response: Annual. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval. All comments will become a matter of public record. The public is invited to submit written comments concerning: (a) Whether the Survey is necessary for the proper performance of the functions of the Office, including whether the information collected has practical uses; (b) the accuracy of the above burden estimates; (c) ways to enhance the quality, usefulness and clarity of the information to be collected; (d) ways to minimize the reporting and/or recordkeeping burdens on respondents, including the use of information technologies to automate the collection of the data; and (e) estimates of capital or start-up costs of operation, E:\FR\FM\14JAN1.SGM 14JAN1

Agencies

[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Notices]
[Pages 2507-2508]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00568]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0102; Notice 1]


Morgan 3 Wheeler Limited, Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

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

SUMMARY: Morgan 3 Wheeler Limited (Morgan) \1\ has determined that 
certain model year (MY) 2012 and 2013 Morgan model M3W three-wheeled 
motorcycles, do not fully comply with paragraph S6 of Federal Motor 
Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. Morgan has 
filed an appropriate report dated August 6, 2013, pursuant to 49 CFR 
part 573, Defect and Noncompliance Responsibility and Reports.
---------------------------------------------------------------------------

    \1\ Morgan 3 Wheeler Limited is an English corporation that 
manufactures motor vehicles.

DATES: The closing date for comments on the petition is February 13, 
---------------------------------------------------------------------------
2014.

ADDRESSES: 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:
     Mail: Send comments 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.
     Hand Deliver: Deliver comments by hand 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.
     Electronically: Submit comments 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 (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.

SUPPLEMENTARY INFORMATION:
    I. Morgan's petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
(see implementing rule at 49 CFR part 556), Morgan submitted a petition 
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 Morgan'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.
    II. Vehicles involved: Affected are approximately 139 MY 2012 and 
2013 Morgan model M3W three-wheeled motorcycles manufactured during the 
period August 1, 2012 to August 14, 2013.
    III. Noncompliance: Morgan explains that the noncompliance is that 
the wind deflectors on the vehicles do not have the markings required 
by FMVSS No. 205.
    IV. Rule Text: Paragraph S6 of FMVSS No. 205 requires in pertinent 
part:

    S6.1 A prime glazing material manufacturer must certify, in 
accordance with 49 U.S.C. 30115, each piece of glazing material to 
which this standard applies that is designed--
    (a) As a component of any specific motor vehicle or camper; or
    (b) To be cut into components for use in motor vehicles or items 
of motor vehicle equipment.
    S6.2 A prime glazing manufacturer certifies its glazing by 
adding to the marks required by section 7 of ANSI/SAE Z26.1-1996, in 
letters and numerals of the same size, the symbol ``DOT'' and a 
manufacturer's code mark that NHTSA assigns to the manufacturer. 
NHTSA will assign a code mark to a manufacturer after the 
manufacturer submits a written request to the Office of Vehicle 
Safety Compliance, National Highway Traffic Safety Administration, 
400 Seventh Street SW., Washington, DC 20590. The request must 
include the company name, address, and a statement from the 
manufacturer certifying its status as a prime glazing manufacturer 
as defined in S4.
    S6.3 A manufacturer or distributor who cuts a section of glazing 
material to which this standard applies, for use in a motor vehicle 
or camper, must--
    (a) Mark that material in accordance with section 7 of ANSI/SAE 
Z26.1-1996; and
    (b) Certify that its product complies with this standard in 
accordance with 49 U.S.C. 30115.

    V. Summary of Morgan's Analyses: Morgan stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:

    a. The wind deflector fitted in the M3W uses glazing that 
conforms to item 6 ANSI 226.1-1996-windshields for motorcycles. It 
is so small (its dimensions are 1O x 5) that 
it is not requisite for driving visibility.
    b. Morgan owners will go to Morgan dealers for replacement of 
the wind deflector.
    c. The noncompliance is not likely to increase the safety risk 
to individual occupants who experience the type of injurious event 
against which the standard was designed to protect.
    d. There have been no reports of any safety issues. Both in the 
US and the rest of the world, Morgan knows of no injuries caused by 
the noncompliance.
    e. The subject noncompliance here is inconsequential in view of 
the nature of the vehicle in question because Morgan possesses 
attributes enumerated in several previous NHTSA inconsequential 
noncompliance determinations that it believes can be applied to a 
decision on its petition. See Morgan's petition for a complete 
discussion of its reasoning.

    Morgan additionally stated that it shall as regards ongoing 
production; mark the wind deflector to comply with the FMVSS No. 205 
requirements.
    In summation, Morgan believes that the described noncompliance of 
the subject vehicles is inconsequential to motor vehicle safety, and 
that its petition, to exempt from providing

[[Page 2508]]

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 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, any decision on 
this petition only applies to the vehicles that Morgan no longer 
controlled at the time it determined that the noncompliance existed. 
However, a decision on this petition cannot relieve vehicle 
distributors and dealers of the prohibitions on the sale, offer for 
sale, introduction or delivery for introduction into interstate 
commerce of the noncompliant motor vehicles under their control after 
Morgan notified them that the subject noncompliance existed.

    Authority:  (49 U.S.C. 30118, 30120: Delegations of authority at 
49 CFR 1.95 and 501.8)

    Issued on: January 9, 2014.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-00568 Filed 1-13-14; 8:45 am]
BILLING CODE 4910-59-P
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