81 FR 11358 - Supreme Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 42 (March 3, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 42 (March 3, 2016)
| Page Range | 11358-11359 | |
| FR Document | 2016-04617 |
[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)] [Notices] [Pages 11358-11359] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04617] ----------------------------------------------------------------------- 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
![11358 Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices
‘‘model year.’’ In place of the deleted 573, Defect and Noncompliance closing date will also be filed and will
text, the amendment added the Responsibility and Reports. Supreme be considered to the extent possible.
following alternative definition: ‘‘The then petitioned NHTSA under 49 CFR When the petition is granted or denied,
calendar year (i.e., January 1 through part 556 requesting a decision that the notice of the decision will be published
December 31) in which manufacturing subject noncompliance is in the Federal Register pursuant to the
operations are completed on the vehicle inconsequential to motor vehicle safety. authority indicated below.
at its place of main assembly.’’ DATES: The closing date for comments SUPPLEMENTARY INFORMATION:
In light of this change in the on the petition is April 4, 2016.
definition of ‘‘model year,’’ as well as I. Overview
ADDRESSES: Interested persons are
Ferrari’s failure to raise any issue invited to submit written data, views, Pursuant to 49 U.S.C. 30118(d) and
regarding the model year designation in and arguments on this petition. 30120(h) (see implementing rule at 49
response to the original model year 2006 Comments must refer to the docket and CFR part 556), Supreme submitted a
599 GTB petition, NHTSA considers notice number cited at the beginning of petition for an exemption from the
Ferrari’s comment on this issue in the this notice and submitted by any of the notification and remedy requirements of
subject petition to be moot. following methods: 49 U.S.C. Chapter 301 on the basis that
Consequently, NHTSA reaffirms that • Mail: Send comments by mail this noncompliance is inconsequential
nonconforming Ferrari 599 GTB addressed to: U.S. Department of to motor vehicle safety.
passenger cars manufactured between This notice of receipt of Supreme’s
Transportation, Docket Operations, M–
January 1, 2006 and August 31, 2006 petition is published under 49 U.S.C.
30, West Building Ground Floor, Room
continue to be eligible under VSP–518. 30118 and 30120 and does not represent
W12–140, 1200 New Jersey Avenue SE.,
NHTSA has also decided that any agency decision or other exercise of
Washington, DC 20590.
nonconforming model year 2006 • Hand Deliver: Deliver comments by judgment concerning the merits of the
European market Ferrari 599 GTB hand to: U.S. Department of petition.
passenger cars manufactured from Transportation, Docket Operations, M– II. Buses Involved
September 1, 2006 through December 30, West Building Ground Floor, Room
31, 2006 and nonconforming model year Affected are approximately 21 MY
W12–140, 1200 New Jersey Avenue SE., 2015–2016 Supreme Classic American
2007 European market Ferrari 599 GTB Washington, DC 20590. The Docket
passenger cars manufactured from Trolley buses manufactured between
Section is open on weekdays from 10 October 1, 2014 and November 2, 2015.
September 1, 2006 through December a.m. to 5 p.m. except Federal Holidays.
31, 2007, are admissible under vehicle • Electronically: Submit comments III. Noncompliance
eligibility number VSP–576. This electronically by: logging onto the Supreme explains that the
number must be indicated on the form Federal Docket Management System noncompliance is that the windshields
HS–7 accompanying entry of the (FDMS) Web site at http:// on the subject Trolley’s do not contain
vehicles eligible for entry. www.regulations.gov/. Follow the online the ‘‘AS1’’ markings as required by
Authority: 49 U.S.C. 30118, 30120: instructions for submitting comments. paragraph S6 of FMVSS No. 205.
delegations of authority at 49 CFR 1.95 and Comments may also be faxed to (202)
501.8. 493–2251. IV. Rule Text
Jeffrey M. Giuseppe, Comments must be written in the Paragraph S6 of FMVSS No. 205
Director, Office of Vehicle Safety Compliance.
English language, and be no greater than requires in pertinent part:
15 pages in length, although there is no S6. Certification and marking.
[FR Doc. 2016–04616 Filed 3–2–16; 8:45 am]
limit to the length of necessary S6.1 A prime glazing material
BILLING CODE 4910–59–P
attachments to the comments. If manufacturer, must certify, in accordance
comments are submitted in hard copy with 49 U.S.C. 30115, each piece of glazing
DEPARTMENT OF TRANSPORTATION form, please ensure that two copies are material to which this standard applies that
provided. If you wish to receive is designed—
confirmation that your comments were (a) As a component of any specific motor
National Highway Traffic Safety vehicle or camper; or
Administration received, please enclose a stamped, self-
(b) To be cut into components for use in
addressed postcard with the comments. motor vehicles or items of motor vehicle
[Docket No. NHTSA–2015–0126; Notice 1] Note that all comments received will be equipment.
posted without change to http:// S6.2 A prime glazing manufacturer
Supreme Corporation, Receipt of
www.regulations.gov, including any certifies its glazing by adding to the marks
Petition for Decision of
personal information provided. required by section 7 of ANSI/SAE Z26.1–
Inconsequential Noncompliance
Documents submitted to a docket may 1996, in letters and numerals of the same
AGENCY: National Highway Traffic be viewed by anyone at the address and size, the symbol ‘‘DOT’’ and a manufacturer’s
Safety Administration (NHTSA), times given above. The documents may code mark that NHTSA assigns to the
also be viewed on the Internet at manufacturer. NHTSA will assign a code
Department of Transportation (DOT).
mark to a manufacturer after the
ACTION: Receipt of petition. http://www.regulations.gov by following
manufacturer submits a written request to the
the online instructions for accessing the Office of Vehicle Safety Compliance,
SUMMARY: Supreme Corporation dockets. DOT’s complete Privacy Act National Highway Traffic Safety
(Supreme), has determined that certain Statement is available for review in the Administration, 400 Seventh Street SW.,
mstockstill on DSK4VPTVN1PROD with NOTICES
model year (MY) 2015–2016 Supreme Federal Register published on April 11, Washington, DC 20590. The request must
Classic American Trolley buses 2000, (65 FR 19477–78). include the company name, address, and a
manufactured between October 1, 2014 The petition, supporting materials, statement from the manufacturer certifying
and November 2, 2015, do not fully and all comments received before the its status as a prime glazing manufacturer as
comply with paragraph S6 of Federal close of business on the closing date defined in S4.
Motor Vehicle Safety Standard (FMVSS) indicated above will be filed and will be In addition, paragraph S5.1 of FMVSS
No. 205, Glazing Materials. Supreme considered. All comments and No. 205 incorporates by reference ANSI
filed a report pursuant to 49 CFR part supporting materials received after the Z26.1–1996 and other industry
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![Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices 11359
standards. Specifically, Section 7 exempt manufacturers only from the New Jersey Avenue SE., Washington,
(Marking of Safety Glazing Materials) of duties found in sections 30118 and DC 20590, (202) 366–9721.
ANSI Z26.1–1996 requires that: 30120, respectively, to notify owners, Dated: February 26, 2016.
In addition to any other markings required purchasers, and dealers of a defect or Brandon M. Belford,
by law, ordinance, or regulation, all safety noncompliance and to remedy the Deputy Assistant Secretary for Aviation and
glazing materials manufactured for use in defect or noncompliance. Therefore, any International Affairs.
accordance with this standard shall be decision on this petition only applies to [FR Doc. 2016–04676 Filed 3–2–16; 8:45 am]
legibly and permanently marked in letters the subject buses that Supreme no
and numerals . . . with the words American BILLING CODE 4910–9X–P
longer controlled at the time it
National Standard or the characters AS and determined that the noncompliance
. . . In addition to the preceding markings existed. However, any decision on this
and immediately adjacent to the words DEPARTMENT OF THE TREASURY
American National Standard or the
petition does not relieve equipment
characters AS, each piece of glazing material distributors and dealers of the Internal Revenue Service
shall further be marked . . . if complying prohibitions on the sale, offer for sale,
with the requirements of Section 4, or introduction or delivery for Low Income Taxpayer Clinic Grant
Application of Tests, Item 1 with the numeral introduction into interstate commerce of Program; Availability of 2016
1; . . . the noncompliant buses under their Supplemental Grant Application Period
V. Summary of Supreme’s Analyses control after Supreme notified them that
the subject noncompliance existed. AGENCY: Internal Revenue Service (IRS),
Supreme stated its belief that the Treasury.
Authority: 49 U.S.C. 30118, 30120:
subject noncompliance is ACTION: Notice.
Delegations of authority at 49 CFR 1.95 and
inconsequential to motor vehicle safety 501.8.
for the following reasons: SUMMARY: This document contains a
(1) Supreme stated that the subject Jeffrey M. Giuseppe, Notice that the IRS is accepting
windshields meet all performance and Director, Office of Vehicle Safety Compliance. applications from qualified
other requirements of FMVSS No. 205 [FR Doc. 2016–04617 Filed 3–2–16; 8:45 am]
organizations for a part-year Low
with the exception of the subject Income Taxpayer Clinic (LITC)
BILLING CODE 4910–59–P
noncompliance. matching grant to provide
(2) Supreme stated its belief that representation to low income taxpayers
repair services for the subject DEPARTMENT OF TRANSPORTATION and education about taxpayer rights and
windshields will not be affected because responsibilities to individuals who
replacement windshields are typically Office of the Secretary speak English as a second language in
obtained through Supreme distributors certain identified geographic areas. The
who have the correct and compliant Application of Exec Air Inc. of Naples grant will cover the last six months of
replacement glazing. D/B/A Execair for Commuter Authority the 2016 grant year, from July 1, 2016,
(3) Supreme also stated that they have through December 31, 2016. The
not received any consumer complaints, AGENCY: Department of Transportation. supplemental application period shall
claims, or warranty claims related to ACTION: Notice of order to show cause run from March 1, 2016, to April x1,
this noncompliance. (Order 2016–2–23); Docket DOT–OST– 2016.
(4) Supreme additionally made 2014–0149. Despite the IRS’s efforts to foster
mention of similar inconsequential parity in availability and accessibility in
noncompliance petitions that were SUMMARY: The Department of the selection of organizations receiving
granted by the agency relating Transportation is directing all interested LITC matching grants and the continued
noncompliances that Supreme believes persons to show cause why it should increase in clinic services nationwide,
are similar to the subject FMVSS No. not issue an order tentatively finding there remain communities that are
205 noncompliance. Exec Air Inc. of Naples d/b/a ExecAir underrepresented by clinics.
Supreme has informed NHTSA that fit, willing, and able to provide For the supplemental application
for all affected vehicles that remain in scheduled passenger service as a period, the IRS will focus on geographic
Supreme’s inventory and the inventory commuter air carrier using small aircraft areas where there is limited or no clinic
of Supreme’s distributors, permanent pursuant to Part 135 of the Federal representation.
markings in compliance with FMVSS Aviation Regulations. The IRS will award up to $1.28
No. 205 will be added to the vehicle DATES: Persons wishing to file million in funding to qualifying
windshields before delivery under a sale objections should do so no later than organizations, subject to the limitations
or lease. March 11, 2016. of Internal Revenue Code section 7526.
In summation, Supreme believes that A qualifying organization may receive a
ADDRESSES: Objections and answers to
the described noncompliance of the matching grant of up to $100,000 per
objections should be filed in Docket year. Organizations currently receiving a
subject windshields is inconsequential
DOT–OST–2014–0149 and addressed to grant are not eligible to apply during
to motor vehicle safety, and that its
U.S. Department of Transportation, this supplemental application period.
petition, to exempt Supreme from
Docket Operations, (M–30, Room W12– Grant funds may be awarded for start-
providing recall notification of
140), 1200 New Jersey Avenue SE., West up expenditures incurred during the
noncompliance as required by 49 U.S.C.
Building Ground Floor, Washington, DC
mstockstill on DSK4VPTVN1PROD with NOTICES
30118 and remedying the recall grant year. The selection process for
20590, and should be served upon the these part-year grants may not be
noncompliance as required by 49 U.S.C.
parties listed in Attachment A to the complete before the beginning of the
30120 should be granted.
NHTSA notes that the statutory order. application period for the 2017 grant
provisions (49 U.S.C. 30118(d) and FOR FURTHER INFORMATION CONTACT: year; thus, applicants for a part-year
30120(h)) that permit manufacturers to Catherine J. O’Toole, Air Carrier Fitness grant will be expected to submit a
file petitions for a determination of Division (X–56, Room W86–489), U.S. separate application for full-year
inconsequentiality allow NHTSA to Department of Transportation, 1200 funding for the 2017 grant year during
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Document Created: 2016-03-03 03:51:20
Document Modified: 2016-03-03 03:51:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of petition. | |
| Dates | The closing date for comments on the petition is April 4, 2016. | |
| FR Citation | 81 FR 11358 |
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