Electronic Tax Administration Advisory Committee; Meeting, 76233-76234 [2022-26951]
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Federal Register / Vol. 87, No. 238 / Tuesday, December 13, 2022 / Notices
failures of safety-critical equipment, like
seat belts or air bags, are rarely deemed
inconsequential.
An important issue to consider in
determining inconsequentiality based
upon NHTSA’s prior decisions on
noncompliance issues was the safety
risk to individuals who experience the
type of event against which the recall
would otherwise protect.4 NHTSA also
does not consider the absence of
complaints or injuries to show that the
issue is inconsequential to safety. ‘‘Most
importantly, the absence of a complaint
does not mean there have not been any
safety issues, nor does it mean that there
will not be safety issues in the future.’’ 5
‘‘[T]he fact that in past reported cases
good luck and swift reaction have
prevented many serious injuries does
not mean that good luck will continue
to work.’’ 6
Arguments that only a small number
of vehicles or items of motor vehicle
equipment are affected have also not
justified granting an inconsequentiality
petition.7 Similarly, NHTSA has
rejected petitions based on the assertion
that only a small percentage of vehicles
or items of equipment are likely to
actually exhibit a noncompliance. The
percentage of potential occupants that
could be adversely affected by a
noncompliance does not determine the
question of inconsequentiality. Rather,
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4 See
Gen. Motors, LLC; Grant of Petition for
Decision of Inconsequential Noncompliance, 78 FR
35355 (June 12, 2013) (finding noncompliance had
no effect on occupant safety because it had no effect
on the proper operation of the occupant
classification system and the correct deployment of
an air bag); Osram Sylvania Prods. Inc.; Grant of
Petition for Decision of Inconsequential
Noncompliance, 78 FR 46000 (July 30, 2013)
(finding occupant using noncompliant light source
would not be exposed to significantly greater risk
than occupant using similar compliant light
source).
5 Morgan 3 Wheeler Limited; Denial of Petition for
Decision of Inconsequential Noncompliance, 81 FR
21663, 21666 (Apr. 12, 2016).
6 United States v. Gen. Motors Corp., 565 F.2d
754, 759 (D.C. Cir. 1977) (finding defect poses an
unreasonable risk when it ‘‘results in hazards as
potentially dangerous as sudden engine fire, and
where there is no dispute that at least some such
hazards, in this case fires, can definitely be
expected to occur in the future’’).
7 See Mercedes-Benz, U.S.A., L.L.C.; Denial of
Application for Decision of Inconsequential
Noncompliance, 66 FR 38342 (July 23, 2001)
(rejecting argument that noncompliance was
inconsequential because of the small number of
vehicles affected); Aston Martin Lagonda Ltd.;
Denial of Petition for Decision of Inconsequential
Noncompliance, 81 FR 41370 (June 24, 2016)
(noting that situations involving individuals
trapped in motor vehicles—while infrequent—are
consequential to safety); Morgan 3 Wheeler Ltd.;
Denial of Petition for Decision of Inconsequential
Noncompliance, 81 FR 21663, 21664 (Apr. 12,
2016) (rejecting argument that petition should be
granted because the vehicle was produced in very
low numbers and likely to be operated on a limited
basis).
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the issue to consider is the consequence
to an occupant who is exposed to the
consequence of that noncompliance.8
These considerations are also relevant
when considering whether a defect is
inconsequential to motor vehicle safety.
Mercedes-Benz states that the door is
located in the center console, below the
in-vehicle display, and does not present
an opportunity to strike vehicle
occupants when opened. Further,
Mercedes-Benz states the design of the
door slides forward and into the center
console when it opens and presents
little or no opportunity for any contact
between the vehicle’s occupants and the
door. Finally, although the purpose and
objective of the standard are to protect
against injury from hard and sharp
surfaces in the event of a crash,
Mercedes-Benz states the compartment
door will automatically close within 250
ms.
Without presenting any test data or
other information supporting this thesis,
Mercedes-Benz argues that in a frontal
crash there is the possibility that the
center console door will open for a
matter of milliseconds then
automatically close. Specifically,
Mercedes-Benz represents that there is
‘‘no risk of injury to occupants from
objects escaping the compartment . . .
only opening in crash loads exceeding
24 g of force . . . and would open and
completely close within approximately
250 ms.’’ NHTSA notes that frontal
crash events, such as seen in NHTSA
FMVSS No. 208, Occupant Crash
Protection compliance tests or New Car
Assessment Program Tests, terminate in
150 ms or less and can exceed 24 g.
NHTSA finds that in the instant case,
the mere assertion that the center
console door will open for up to 250 ms
and then automatically close is not
sufficiently persuasive to justify
granting the relief Mercedes-Benz seeks.
In addition, the Agency has never made
a distinction between sliding interior
compartment doors and other, pivoting
or hinged doors that project outward
when opened. Mercedes-Benz asserts
that an open sliding compartment door
does not present a potential for
occupant injury because an open sliding
compartment door does not project
outward into the interior of the vehicle.
S5.3 of FMVSS No. 201 requires that
doors in the console or a side panel
remain closed regardless of the method
by which a manufacturer chooses to
open or close them. The concern that an
8 See Gen. Motors Corp.; Ruling on Petition for
Determination of Inconsequential Noncompliance,
69 FR 19897, 19900 (Apr. 14, 2004); Cosco Inc.;
Denial of Application for Decision of
Inconsequential Noncompliance, 64 FR 29408,
29409 (June 1, 1999).
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76233
open door could cause occupant injury
is not limited to a protrusion created by
an open door. Rather, the concern
addressed by the requirement is that a
sharp or rigid surface does not expose
an occupant to undue risk of injury. In
other words, we do not consider the risk
posed by the sharp edges of the door
itself to be the only risk addressed by
FMVSS No. 201. Surfaces that should be
masked by a door may themselves pose
risks to occupants during a crash.9
Finally, Mercedes-Benz represents
that it is ‘‘not aware of any warranty
claims, field reports, customer
complaints, legal claims, or injuries
related to this noncompliance.’’ As
noted above, NHTSA does not consider
the absence of complaints or injuries to
show that the issue is inconsequential to
safety.
VII. NHTSA’s Decision
NHTSA finds that Mercedes-Benz has
not met its burden of persuasion that the
FMVSS No. 201 noncompliance is
inconsequential as it relates to motor
vehicle safety. Accordingly, the petition
is hereby denied and Mercedes-Benz is
not exempt from the obligation to
provide notification of, and remedy for,
the subject noncompliance in the
affected vehicles under 49 U.S.C. 30018
and 30120.
(Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8)
Anne L. Collins,
Associate Administrator for Enforcement.
[FR Doc. 2022–26959 Filed 12–12–22; 8:45 am]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
Electronic Tax Administration
Advisory Committee; Meeting
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of Meeting.
AGENCY:
The Electronic Tax
Administration Advisory Committee
(ETAAC) will hold a public meeting via
telephone conference line on
Wednesday, January 11, 2023.
FOR FURTHER INFORMATION CONTACT: Mr.
Alec Johnston, Office of National Public
Liaison, at (202) 317–4299, or send an
email to publicliaison@irs.gov.
SUPPLEMENTARY INFORMATION: Notice is
hereby given pursuant to section
SUMMARY:
9 See Agency Interpretation to D. Haenchen,
Volkswagen of America, Inc., February 12, 2004.
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Federal Register / Vol. 87, No. 238 / Tuesday, December 13, 2022 / Notices
10(a)(2) of the Federal Advisory
Committee Act, 5 U.S.C. App. (1988),
that a public meeting via conference call
of the ETAAC will be held on
Wednesday, January 11, 2023, at 12:30
p.m. EDT. The purpose of the ETAAC is
to provide continuing advice regarding
the development and implementation of
the IRS organizational strategy for
electronic tax administration. ETAAC is
an organized public forum for
discussion of electronic tax
administration issues such as
prevention of identity theft and refund
fraud. It supports the overriding goal
that paperless filing should be the
preferred and most convenient method
of filing tax and information returns.
ETAAC members convey the public’s
perceptions of IRS electronic tax
administration activities, offer
constructive observations about current
or proposed policies, programs, and
procedures, and suggest improvements.
Please call or email Alec Johnston to
confirm your attendance. Mr. Johnston
can be reached at 202–317–4299 or
PublicLiaison@irs.gov. Should you wish
to present the ETAAC with an oral or
written statement, please call 202–317–
4299 or email: PublicLiaison@irs.gov.
Dated: December 7, 2022.
John A. Lipold,
Designated Federal Official, Office of
National Public Liaison, Internal Revenue
Service.
[FR Doc. 2022–26951 Filed 12–12–22; 8:45 am]
impact.asp. Printed copies of the
document may be obtained by
contacting VA at
VAHLPNEPA.VBAVACO@va.gov.
Erin
Byrum, Lead Management Analyst,
Loan Guaranty Service, Veterans Benefit
Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW,
Washington, DC 20420, at
VAHLPNEPA.VBAVACO@va.gov or by
phone at 202–632–8862. This is not a
toll-free number.
SUPPLEMENTARY INFORMATION: The Final
PEIS was developed pursuant to the
National Environmental Policy Act
(NEPA) of 1969, as amended (42 U.S.C.
4321, et seq.), the Council on
Environmental Quality’s regulations for
implementing the procedural provisions
of NEPA (40 CFR 1500–1508) and VA’s
NEPA regulations titled ‘‘Environmental
Effects of the Department of Veterans
Affairs Actions’’ (38 CFR 26).
The Final PEIS assessed the potential
physical, environmental, cultural,
socioeconomic and cumulative effects of
the HLP and will be used to assist and
inform agency planning and decisionmaking. The HLP assists hundreds of
thousands of Veterans each year across
the United States and its Territories.
This PEIS process has ensured VA
appropriately considered the potential
effects of the HLP, a major Federal
action, on the quality of the human
environment, as required by 40 CFR
1500.1.
FOR FURTHER INFORMATION CONTACT:
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DEPARTMENT OF VETERANS
AFFAIRS
Notice of Availability of the Record of
Decision for the Final Programmatic
Environmental Impact Statement of the
Department of Veterans Affairs
Housing Loan Program
Department of Veterans Affairs.
ACTION: Notice of availability.
AGENCY:
The Department of Veterans
Affairs (VA) announces the availability
of the Record of Decision (ROD) for the
Final Programmatic Environmental
Impact Statement (PEIS) for VA’s
Housing Loan Program (HLP). Notice of
the Final PEIS was published by the
U.S. Environmental Protection Agency
(EPA) in the Federal Register on July
15, 2022. The VA Under Secretary for
Benefits signed the ROD on October 4,
2022, which was at least 30 days after
publication of EPA’s Notice of
Availability.
ADDRESSES: The ROD is available at the
VA website https://www.benefits.
va.gov/homeloans/environmental_
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SUMMARY:
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Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved this
document on December 7, 2022, and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Luvenia Potts,
Regulation Development Coordinator, Office
of Regulation Policy & Management, Office
of the Secretary, Department of Veterans
Affairs.
[FR Doc. 2022–26980 Filed 12–12–22; 8:45 am]
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DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0795]
Agency Information Collection Activity
Under OMB Review: Barriers to Health
Care for Women Veterans Survey
Veterans Health
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
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In compliance with the
Paperwork Reduction Act (PRA) of
1995, this notice announces that the
Veterans Health Administration,
Department of Veterans Affairs, will
submit the collection of information
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The PRA
submission describes the nature of the
information collection and its expected
cost and burden and it includes the
actual data collection instrument.
DATES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Refer to ‘‘OMB Control
No. 2900–0795.
FOR FURTHER INFORMATION CONTACT:
Maribel Aponte, Office of Enterprise
and Integration, Data Governance
Analytics (008), 1717 H Street NW,
Washington, DC 20006, (202) 266–4688
or email maribel.aponte@va.gov. Please
refer to ‘‘OMB Control No. 2900–0795’’
in any correspondence.
SUPPLEMENTARY INFORMATION:
Authority: 44 U.S.C. 3501–21.
Title: Barriers to Health Care for
Women Veterans Survey.
OMB Control Number: 2900–0795.
Type of Review: Reinstatement of a
currently approved collection.
Abstract: Legal authority for this data
collection is found in Public Law 116–
315, Sec. 5402—‘‘Study of Barriers for
Women Veterans to Receipt of Health
Care from Department of Veterans
Affairs,’’ which requires VA to conduct
an independent comprehensive study of
the barriers to the provision of health
care for women Veterans. Per Sec. 5402,
this current study is to build on
previous studies ‘‘National Survey of
Women Veterans in Fiscal Year 2007–
2008’’ and ‘‘Study of Barriers for
Women Veterans to VA Health Care
2015.’’ The aim of the proposed survey
is to better understand barriers women
Veterans face accessing VA care, the
comprehensiveness of care, and
progress made in reducing barriers to
VA healthcare for women Veterans
since the previous study conducted in
2015. The data collected will allow VA
to plan and provide better health care
for women Veterans and to support
reports to Congress about the status of
women Veterans’ health care.
An agency may not conduct or
sponsor, and a person is not required to
SUMMARY:
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]]>Agencies
[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Notices]
[Pages 76233-76234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26951]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
Electronic Tax Administration Advisory Committee; Meeting
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of Meeting.
-----------------------------------------------------------------------
SUMMARY: The Electronic Tax Administration Advisory Committee (ETAAC)
will hold a public meeting via telephone conference line on Wednesday,
January 11, 2023.
FOR FURTHER INFORMATION CONTACT: Mr. Alec Johnston, Office of National
Public Liaison, at (202) 317-4299, or send an email to
[email protected].
SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section
[[Page 76234]]
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988),
that a public meeting via conference call of the ETAAC will be held on
Wednesday, January 11, 2023, at 12:30 p.m. EDT. The purpose of the
ETAAC is to provide continuing advice regarding the development and
implementation of the IRS organizational strategy for electronic tax
administration. ETAAC is an organized public forum for discussion of
electronic tax administration issues such as prevention of identity
theft and refund fraud. It supports the overriding goal that paperless
filing should be the preferred and most convenient method of filing tax
and information returns. ETAAC members convey the public's perceptions
of IRS electronic tax administration activities, offer constructive
observations about current or proposed policies, programs, and
procedures, and suggest improvements. Please call or email Alec
Johnston to confirm your attendance. Mr. Johnston can be reached at
202-317-4299 or [email protected] Should you wish to present the
ETAAC with an oral or written statement, please call 202-317-4299 or
email: [email protected]
Dated: December 7, 2022.
John A. Lipold,
Designated Federal Official, Office of National Public Liaison,
Internal Revenue Service.
[FR Doc. 2022-26951 Filed 12-12-22; 8:45 am]
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