Supreme Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance, 11358-11359 [2016-04617]

Download as PDF 11358 Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices ‘‘model year.’’ In place of the deleted text, the amendment added the following alternative definition: ‘‘The calendar year (i.e., January 1 through December 31) in which manufacturing operations are completed on the vehicle at its place of main assembly.’’ In light of this change in the definition of ‘‘model year,’’ as well as Ferrari’s failure to raise any issue regarding the model year designation in response to the original model year 2006 599 GTB petition, NHTSA considers Ferrari’s comment on this issue in the subject petition to be moot. Consequently, NHTSA reaffirms that nonconforming Ferrari 599 GTB passenger cars manufactured between January 1, 2006 and August 31, 2006 continue to be eligible under VSP–518. NHTSA has also decided that nonconforming model year 2006 European market Ferrari 599 GTB passenger cars manufactured from September 1, 2006 through December 31, 2006 and nonconforming model year 2007 European market Ferrari 599 GTB passenger cars manufactured from September 1, 2006 through December 31, 2007, are admissible under vehicle eligibility number VSP–576. This number must be indicated on the form HS–7 accompanying entry of the vehicles eligible for entry. Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2016–04616 Filed 3–2–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0126; Notice 1] Supreme Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Supreme Corporation (Supreme), has determined that certain model year (MY) 2015–2016 Supreme Classic American Trolley buses manufactured between October 1, 2014 and November 2, 2015, do not fully comply with paragraph S6 of Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. Supreme filed a report pursuant to 49 CFR part mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:17 Mar 02, 2016 Jkt 238001 573, Defect and Noncompliance Responsibility and Reports. Supreme then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety. DATES: The closing date for comments on the petition is April 4, 2016. 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 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 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 above will be filed and will be considered. All comments and supporting materials received after the PO 00000 Frm 00186 Fmt 4703 Sfmt 4703 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. Overview Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Supreme 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 Supreme’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. Buses Involved Affected are approximately 21 MY 2015–2016 Supreme Classic American Trolley buses manufactured between October 1, 2014 and November 2, 2015. III. Noncompliance Supreme explains that the noncompliance is that the windshields on the subject Trolley’s do not contain the ‘‘AS1’’ markings as required by paragraph S6 of FMVSS No. 205. IV. Rule Text Paragraph S6 of FMVSS No. 205 requires in pertinent part: S6. Certification and marking. 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. In addition, paragraph S5.1 of FMVSS No. 205 incorporates by reference ANSI Z26.1–1996 and other industry E:\FR\FM\03MRN1.SGM 03MRN1 Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices standards. Specifically, Section 7 (Marking of Safety Glazing Materials) of ANSI Z26.1–1996 requires that: mstockstill on DSK4VPTVN1PROD with NOTICES In addition to any other markings required by law, ordinance, or regulation, all safety glazing materials manufactured for use in accordance with this standard shall be legibly and permanently marked in letters and numerals . . . with the words American National Standard or the characters AS and . . . In addition to the preceding markings and immediately adjacent to the words American National Standard or the characters AS, each piece of glazing material shall further be marked . . . if complying with the requirements of Section 4, Application of Tests, Item 1 with the numeral 1; . . . V. Summary of Supreme’s Analyses Supreme stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (1) Supreme stated that the subject windshields meet all performance and other requirements of FMVSS No. 205 with the exception of the subject noncompliance. (2) Supreme stated its belief that repair services for the subject windshields will not be affected because replacement windshields are typically obtained through Supreme distributors who have the correct and compliant replacement glazing. (3) Supreme also stated that they have not received any consumer complaints, claims, or warranty claims related to this noncompliance. (4) Supreme additionally made mention of similar inconsequential noncompliance petitions that were granted by the agency relating noncompliances that Supreme believes are similar to the subject FMVSS No. 205 noncompliance. Supreme has informed NHTSA that for all affected vehicles that remain in Supreme’s inventory and the inventory of Supreme’s distributors, permanent markings in compliance with FMVSS No. 205 will be added to the vehicle windshields before delivery under a sale or lease. In summation, Supreme believes that the described noncompliance of the subject windshields is inconsequential to motor vehicle safety, and that its petition, to exempt Supreme 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 VerDate Sep<11>2014 19:17 Mar 02, 2016 Jkt 238001 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 buses that Supreme 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 buses under their control after Supreme 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, Director, Office of Vehicle Safety Compliance. [FR Doc. 2016–04617 Filed 3–2–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Office of the Secretary Application of Exec Air Inc. of Naples D/B/A Execair for Commuter Authority Department of Transportation. Notice of order to show cause (Order 2016–2–23); Docket DOT–OST– 2014–0149. AGENCY: ACTION: The Department of Transportation is directing all interested persons to show cause why it should not issue an order tentatively finding Exec Air Inc. of Naples d/b/a ExecAir fit, willing, and able to provide scheduled passenger service as a commuter air carrier using small aircraft pursuant to Part 135 of the Federal Aviation Regulations. DATES: Persons wishing to file objections should do so no later than March 11, 2016. ADDRESSES: Objections and answers to objections should be filed in Docket DOT–OST–2014–0149 and addressed to U.S. Department of Transportation, Docket Operations, (M–30, Room W12– 140), 1200 New Jersey Avenue SE., West Building Ground Floor, Washington, DC 20590, and should be served upon the parties listed in Attachment A to the order. SUMMARY: FOR FURTHER INFORMATION CONTACT: Catherine J. O’Toole, Air Carrier Fitness Division (X–56, Room W86–489), U.S. Department of Transportation, 1200 PO 00000 Frm 00187 Fmt 4703 Sfmt 4703 11359 New Jersey Avenue SE., Washington, DC 20590, (202) 366–9721. Dated: February 26, 2016. Brandon M. Belford, Deputy Assistant Secretary for Aviation and International Affairs. [FR Doc. 2016–04676 Filed 3–2–16; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF THE TREASURY Internal Revenue Service Low Income Taxpayer Clinic Grant Program; Availability of 2016 Supplemental Grant Application Period Internal Revenue Service (IRS), Treasury. ACTION: Notice. AGENCY: This document contains a Notice that the IRS is accepting applications from qualified organizations for a part-year Low Income Taxpayer Clinic (LITC) matching grant to provide representation to low income taxpayers and education about taxpayer rights and responsibilities to individuals who speak English as a second language in certain identified geographic areas. The grant will cover the last six months of the 2016 grant year, from July 1, 2016, through December 31, 2016. The supplemental application period shall run from March 1, 2016, to April x1, 2016. Despite the IRS’s efforts to foster parity in availability and accessibility in the selection of organizations receiving LITC matching grants and the continued increase in clinic services nationwide, there remain communities that are underrepresented by clinics. For the supplemental application period, the IRS will focus on geographic areas where there is limited or no clinic representation. The IRS will award up to $1.28 million in funding to qualifying organizations, subject to the limitations of Internal Revenue Code section 7526. A qualifying organization may receive a matching grant of up to $100,000 per year. Organizations currently receiving a grant are not eligible to apply during this supplemental application period. Grant funds may be awarded for startup expenditures incurred during the grant year. The selection process for these part-year grants may not be complete before the beginning of the application period for the 2017 grant year; thus, applicants for a part-year grant will be expected to submit a separate application for full-year funding for the 2017 grant year during SUMMARY: E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11358-11359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04617]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0126; Notice 1]


Supreme 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: Supreme Corporation (Supreme), has determined that certain 
model year (MY) 2015-2016 Supreme Classic American Trolley buses 
manufactured between October 1, 2014 and November 2, 2015, do not fully 
comply with paragraph S6 of Federal Motor Vehicle Safety Standard 
(FMVSS) No. 205, Glazing Materials. Supreme filed a report pursuant to 
49 CFR part 573, Defect and Noncompliance Responsibility and Reports. 
Supreme then petitioned NHTSA under 49 CFR part 556 requesting a 
decision that the subject noncompliance is inconsequential to motor 
vehicle safety.

DATES: The closing date for comments on the petition is April 4, 2016.

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 
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 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 above 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. Overview

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Supreme 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 Supreme'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. Buses Involved

    Affected are approximately 21 MY 2015-2016 Supreme Classic American 
Trolley buses manufactured between October 1, 2014 and November 2, 
2015.

III. Noncompliance

    Supreme explains that the noncompliance is that the windshields on 
the subject Trolley's do not contain the ``AS1'' markings as required 
by paragraph S6 of FMVSS No. 205.

IV. Rule Text

    Paragraph S6 of FMVSS No. 205 requires in pertinent part:

    S6. Certification and marking.
    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.

    In addition, paragraph S5.1 of FMVSS No. 205 incorporates by 
reference ANSI Z26.1-1996 and other industry

[[Page 11359]]

standards. Specifically, Section 7 (Marking of Safety Glazing 
Materials) of ANSI Z26.1-1996 requires that:

    In addition to any other markings required by law, ordinance, or 
regulation, all safety glazing materials manufactured for use in 
accordance with this standard shall be legibly and permanently 
marked in letters and numerals . . . with the words American 
National Standard or the characters AS and . . . In addition to the 
preceding markings and immediately adjacent to the words American 
National Standard or the characters AS, each piece of glazing 
material shall further be marked . . . if complying with the 
requirements of Section 4, Application of Tests, Item 1 with the 
numeral 1; . . .

V. Summary of Supreme's Analyses

    Supreme stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (1) Supreme stated that the subject windshields meet all 
performance and other requirements of FMVSS No. 205 with the exception 
of the subject noncompliance.
    (2) Supreme stated its belief that repair services for the subject 
windshields will not be affected because replacement windshields are 
typically obtained through Supreme distributors who have the correct 
and compliant replacement glazing.
    (3) Supreme also stated that they have not received any consumer 
complaints, claims, or warranty claims related to this noncompliance.
    (4) Supreme additionally made mention of similar inconsequential 
noncompliance petitions that were granted by the agency relating 
noncompliances that Supreme believes are similar to the subject FMVSS 
No. 205 noncompliance.
    Supreme has informed NHTSA that for all affected vehicles that 
remain in Supreme's inventory and the inventory of Supreme's 
distributors, permanent markings in compliance with FMVSS No. 205 will 
be added to the vehicle windshields before delivery under a sale or 
lease.
    In summation, Supreme believes that the described noncompliance of 
the subject windshields is inconsequential to motor vehicle safety, and 
that its petition, to exempt Supreme 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 buses that Supreme 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 buses under their control after Supreme 
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,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-04617 Filed 3-2-16; 8:45 am]
 BILLING CODE 4910-59-P