Custom Glass Solutions Upper Sandusky Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance, 57654-57655 [2014-22814]

Download as PDF 57654 Federal Register / Vol. 79, No. 186 / Thursday, September 25, 2014 / Notices exemption authority requested and vivaAerobus’s existing exemption authority to eliminate the need to apply for repeated renewals of the exemption authority. Barbara J. Hairston, Supervisory Dockets Officer, Docket Operations, Federal Register Liaison. [FR Doc. 2014–22144 Filed 9–24–14; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Office of the Secretary mstockstill on DSK4VPTVN1PROD with NOTICES Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q) During the Week Ending August 2, 2014 The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation’s Procedural Regulations (See 14 CFR 302.201 et. seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. Docket Number: DOT–OST–2011– 0076 and DOT–OST–2014–0133. Date Filed: July 31, 2014. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: August 21, 2014. Description: Application of Frontier Airlines, Inc. (‘‘Frontier’’) requesting a consolidated certificate of public convenience and necessity authorizing it to engage in scheduled foreign air transportation of persons, property and mail between: (1) Chicago, Illinois; Lansing, Michigan; Milwaukee, Wisconsin; and Rockford, Illinois; on the one hand, and Puerto Vallarta, Mexico; (2) Cincinnati, Ohio; Cleveland, Ohio; Lansing, Michigan; Philadelphia, Pennsylvania; Pittsburgh, Pennsylvania; Rockford, Illinois; and Washington, DC, on the one hand, and Cancun, Mexico; (3) Chicago, Illinois and St. Louis, Missouri, on the one hand, and San Jose del Cabo, Mexico; and (4) Chicago, Illinois and St. Louis, Missouri, on the one hand, and Huatulco, Mexico. Frontier also requests a designation to operate in the Milwaukee-Puerto Vallarta market. VerDate Sep<11>2014 17:25 Sep 24, 2014 Jkt 232001 Docket Number: DOT–OST–2014– 0131. Date Filed: July 31, 2014. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: August 21, 2014. Description: Application of Frontier Airlines, Inc. requesting a certificate of public convenience and necessity authorizing it to engage in scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in the Dominican Republic. Barbara J. Hairston, Supervisory Dockets Officer, Docket Operations, Federal Register Liaison. points in the United States and any point or points in any member of the European Common Aviation Area; (iii) foreign charter air transportation of cargo between any point or points in the United States and any other point or points; (iv) other charters pursuant to the prior approval requirements; and (v) charter transportation authorized by any additional route rights made available to European Union carriers in the future. Barbara J. Hairston, Supervisory Dockets Officer, Docket Operations, Federal Register Liaison. [FR Doc. 2014–22143 Filed 9–24–14; 8:45 am] BILLING CODE 4910–9X–P [FR Doc. 2014–22145 Filed 9–24–14; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Office of the Secretary [Docket No. NHTSA–2013–0124; Notice 1] Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q) During the Week Ending August 23, 2014 Custom Glass Solutions Upper Sandusky Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation’s Procedural Regulations (See 14 CFR 302.201 et. seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. Docket Number: DOT–OST–2014– 0139. Date Filed: August 18, 2014. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: September 8, 2014. Description: Application of London Executive Aviation Limited (‘‘LEA’’) requesting a foreign air carrier permit and an exemption authorizing LEA to engage in: (i) Foreign charter air transportation of persons, property, and mail from any point or points behind any Member State of the European Union, via any point or points in any EU Member State and via intermediate points, to any point or points in the United States and beyond; (ii) foreign charter air transportation of persons, property, and mail between any point or PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of Petition. AGENCY: Custom Glass Solutions Upper Sandusky Corporation (Custom Glass), a subsidiary of Guardian Industries Corporation, has determined that certain laminated glass panes, other than windscreens, do not fully comply with paragraph S6 of Federal Motor Vehicle Safety Standard (FMVSS) No. FMVSS 205, Glazing Materials. Custom Glass has filed an appropriate report dated September 17, 2013, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is October 27, 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., SUMMARY: E:\FR\FM\25SEN1.SGM 25SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 186 / Thursday, September 25, 2014 / Notices 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 http://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, 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. 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 http:// 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. Custom Glass’s Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Custom Glass 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 Custom Glass’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. Glazing Involved: Approximately 160 laminated glass panes, other than windscreens, intended for the cabs of approximately twenty mining vehicles VerDate Sep<11>2014 17:25 Sep 24, 2014 Jkt 232001 being manufactured by Atlas Copco in Australia. The panes consist of two 4.0 mm tempered panes manufactured by Auto Temp, Inc. (ATI) that were bonded together with a 0.76 mm PVB layer by Custom Glass and then shipped to Angus Palm, Watertown, South Dakota between August 1, 2013 and September 4, 2013. III. Noncompliance: Custom Glass explains that the noncompliance is that the labeling on the subject laminated glass panes does not fully meet the requirements of paragraph S6 of FMVSS No. 205. The panes were labeled with the incorrect DOT number, manufacturer’s trademark, manufacturer’s model number (i.e., ‘‘M number’’) and were incorrectly marked as Tempered. IV. Rule Text: Refer to the entire text of Paragraph S6 of FMVSS No. 205 for requirements and contextual restrictions. V. Summary of Custom Glass’s Analyses: Custom Glass stated its belief that the subject noncompliance is inconsequential to motor vehicle safety based on the following reasoning: The parts are labeled with the DOT number, ‘‘M number’’ and trademark belonging to the tempered glazing supplier, ATI. The correct DOT number, which should have been affixed to the parts at issue, is DOT 22. The correct ‘‘M number’’ is M85L2 (which corresponds to a laminated glass construction with an 8.5 mm nominal thickness, from which Guardian fabricates automotive parts for use anywhere in a motor vehicle except windshields). The panes are marked with the correct AS Item number. Although the subject laminated glass panes are affixed with the incorrect DOT number, ‘‘M number’’ and manufacturer’s trademark, the glass construction from which the laminated glass parts were fabricated is in full compliance with the technical requirements of FMVSS No. 205 that currently apply to laminated glass for use anywhere in a motor vehicle except windshields. Custom Glass also asserts that the subject noncompliance could not result in the wrong part being used in an OEM or ARG application given that the part would be ordered by its unique part number and not the ‘‘M number’’ (which corresponds to the glass construction from which the part is fabricated). The parts are also easily traceable back to Custom Glass since they are the only glazing supplier for this particular vehicle. Custom Glass has additionally informed NHTSA that it has corrected the noncompliance so that all future PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 57655 production vehicles delivered with laminated glass will comply with FMVSS No. 205. In summation, Custom Glass believes that the described noncompliance of the subject laminated glass parts is inconsequential to motor vehicle safety, and that its petition, to exempt 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 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 subject laminated glass parts that Custom Glass no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve equipment distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant motor laminated glass parts under their control after Custom Glass 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). Jeffrey M. Giuseppe, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. 2014–22814 Filed 9–24–14; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request September 22, 2014. The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104–13, on or after the date of publication of this notice. DATES: Comments should be received on or before October 27, 2014 to be assured of consideration. ADDRESSES: Send comments regarding the burden estimate, or any other aspect of the information collection, including E:\FR\FM\25SEN1.SGM 25SEN1

Agencies

[Federal Register Volume 79, Number 186 (Thursday, September 25, 2014)]
[Notices]
[Pages 57654-57655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22814]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0124; Notice 1]


Custom Glass Solutions Upper Sandusky Corporation, Receipt of 
Petition for Decision of Inconsequential Noncompliance

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

ACTION: Receipt of Petition.

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

SUMMARY: Custom Glass Solutions Upper Sandusky Corporation (Custom 
Glass), a subsidiary of Guardian Industries Corporation, has determined 
that certain laminated glass panes, other than windscreens, do not 
fully comply with paragraph S6 of Federal Motor Vehicle Safety Standard 
(FMVSS) No. FMVSS 205, Glazing Materials. Custom Glass has filed an 
appropriate report dated September 17, 2013, pursuant to 49 CFR part 
573, Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is October 27, 
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.,

[[Page 57655]]

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 http://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 http://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 http://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. Custom Glass's Petition: Pursuant to 49 U.S.C. 30118(d) and 
30120(h) (see implementing rule at 49 CFR part 556), Custom Glass 
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 Custom Glass'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. Glazing Involved: Approximately 160 laminated glass panes, 
other than windscreens, intended for the cabs of approximately twenty 
mining vehicles being manufactured by Atlas Copco in Australia. The 
panes consist of two 4.0 mm tempered panes manufactured by Auto Temp, 
Inc. (ATI) that were bonded together with a 0.76 mm PVB layer by Custom 
Glass and then shipped to Angus Palm, Watertown, South Dakota between 
August 1, 2013 and September 4, 2013.
    III. Noncompliance: Custom Glass explains that the noncompliance is 
that the labeling on the subject laminated glass panes does not fully 
meet the requirements of paragraph S6 of FMVSS No. 205. The panes were 
labeled with the incorrect DOT number, manufacturer's trademark, 
manufacturer's model number (i.e., ``M number'') and were incorrectly 
marked as Tempered.
    IV. Rule Text: Refer to the entire text of Paragraph S6 of FMVSS 
No. 205 for requirements and contextual restrictions.
    V. Summary of Custom Glass's Analyses: Custom Glass stated its 
belief that the subject noncompliance is inconsequential to motor 
vehicle safety based on the following reasoning:
    The parts are labeled with the DOT number, ``M number'' and 
trademark belonging to the tempered glazing supplier, ATI. The correct 
DOT number, which should have been affixed to the parts at issue, is 
DOT 22. The correct ``M number'' is M85L2 (which corresponds to a 
laminated glass construction with an 8.5 mm nominal thickness, from 
which Guardian fabricates automotive parts for use anywhere in a motor 
vehicle except windshields). The panes are marked with the correct AS 
Item number.
    Although the subject laminated glass panes are affixed with the 
incorrect DOT number, ``M number'' and manufacturer's trademark, the 
glass construction from which the laminated glass parts were fabricated 
is in full compliance with the technical requirements of FMVSS No. 205 
that currently apply to laminated glass for use anywhere in a motor 
vehicle except windshields.
    Custom Glass also asserts that the subject noncompliance could not 
result in the wrong part being used in an OEM or ARG application given 
that the part would be ordered by its unique part number and not the 
``M number'' (which corresponds to the glass construction from which 
the part is fabricated). The parts are also easily traceable back to 
Custom Glass since they are the only glazing supplier for this 
particular vehicle.
    Custom Glass has additionally informed NHTSA that it has corrected 
the noncompliance so that all future production vehicles delivered with 
laminated glass will comply with FMVSS No. 205.
    In summation, Custom Glass believes that the described 
noncompliance of the subject laminated glass parts is inconsequential 
to motor vehicle safety, and that its petition, to exempt 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 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 subject laminated glass parts that 
Custom Glass no longer controlled at the time it determined that the 
noncompliance existed. However, any decision on this petition does not 
relieve equipment distributors and dealers of the prohibitions on the 
sale, offer for sale, or introduction or delivery for introduction into 
interstate commerce of the noncompliant motor laminated glass parts 
under their control after Custom Glass 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).

Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-22814 Filed 9-24-14; 8:45 am]
BILLING CODE 4910-59-P