82_FR_46537 82 FR 46346 - Gillig, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

82 FR 46346 - Gillig, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 191 (October 4, 2017)

Page Range46346-46349
FR Document2017-21257

Gillig, LLC (Gillig), has determined that certain model year (MY) 1997-2016 Gillig low floor buses do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Gillig filed a noncompliance report dated February 24, 2017. Gillig also petitioned NHTSA on March 24, 2017, and amended it on May 10, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 191 (Wednesday, October 4, 2017)
[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Pages 46346-46349]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21257]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0021; Notice 1]


Gillig, LLC, Receipt of Petition for Decision of Inconsequential 
Noncompliance

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

ACTION: Receipt of petition.

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SUMMARY: Gillig, LLC (Gillig), has determined that certain model year 
(MY) 1997-2016 Gillig low floor buses do not fully comply with Federal 
Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective 
Devices, and Associated Equipment. Gillig filed a noncompliance report 
dated February 24, 2017. Gillig also petitioned NHTSA on March 24, 
2017, and amended it on May 10, 2017, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is November 3, 
2017.

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 in the title 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 Delivery: 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 comments you have submitted by mail 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.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the 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. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION: 
    I. Overview: Gillig, LLC (Gillig), has determined that certain 
model year (MY) 1997-2016 Gillig low floor buses do not fully comply 
with paragraph S7.1.1.13.1 of FMVSS No. 108, Lamps, Reflective Devices, 
and Associated Equipment. Gillig filed a noncompliance report dated 
February 24, 2017, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports. Gillig also petitioned NHTSA 
on March 24, 2017, and amended it on May 10, 2017, pursuant to 49 
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an exemption from 
the notification and remedy requirements of 49 U.S.C. Chapter 301 on 
the basis that this noncompliance is inconsequential as it relates to 
motor vehicle safety.
    This notice of receipt of Gillig'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: Approximately 41,714 MY 1997-2016 Gillig low 
floor buses, manufactured between December 31, 1997, and February 3, 
2017, are potentially involved.
    III. Noncompliance: Gillig stated that it installed six different 
generations of turn signal assemblies in the subject buses; however, 
after receiving two complaints that their Generation 7 turn signal 
assemblies were not sufficiently visible, Gillig and the turn signal 
manufacturer went back and tested the previous generations to see if 
they met the requirements of FMVSS No. 108. Test results for 
generations 1 through 6 of the turn signal assemblies showed that they 
do not meet all the minimum photometry requirements of paragraph 
S7.1.1.13.1 of FMVSS No. 108.

[[Page 46347]]

    IV. Rule Text: Paragraph S7.1.1.13.1 of FMVSS No. 108, states, in 
pertinent part:

    S7.1.1.13 Photometry
    S7.1.1.13.1 When tested according to the procedure of S14.2.1, 
each front turn signal lamp must be designed to conform to the base 
photometry requirements plus any applicable multipliers as shown in 
Tables VI-a and VI-b for the number of lamp compartments or 
individual lamps and the type of vehicle it is installed on.

    V. Summary of Gillig's Petition: Gillig described the subject 
noncompliance and stated its belief that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    In support of its petition, Gillig submitted the following 
reasoning:
    1. Analysis: For front turn signals, the FMVSS No. 108 photometry 
requirements provide that ``when tested according to the procedure of 
S14.2.1, each front turn signal lamp must be designed to conform to the 
base photometry requirements plus any applicable multipliers \1\ for 
the number of lamp compartments or individual lamps and the type of 
vehicle it is installed on.'' See FMVSS No. 108, S7.1.1.13.1.
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    \1\ All of the designs of the turn signal assemblies employ a 
reflector. Since the spacing from the geometric centroid of the turn 
signal to the lighted edge of the lower beam of the headlamp is 
greater than 100 mm, a multiplier is not applicable. (FMVSS No. 108, 
S7.1.1.10.3, S7.1.1.10.4(a)).
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    A front turn signal lamp meets the photometry requirements of FMVSS 
No. 108 if it: (1) Meets the minimum photometric intensity (``PI'') 
requirement in each of the five test groups, (2) none of the values for 
the individual test points are less than 60% of its own minimum PI 
value, and (3) the minimum PI value between test points is not less 
than the lower specified minimum value of the two closest adjacent test 
points on a horizontal or vertical line. Stated another way, an 
individual test point may be up to 40% below its minimum PI value as 
long as the group in which it is contained achieves the overall group 
minimum PI value. Based on this approach, even if the turn signal did 
not meet the minimum photometry requirements at multiple individual 
test points, the assembly complies with the standard as long as the 
overall light intensity of all the test points included within the 
group does not fall below the required minimum value of the group. (See 
61 FR 1663; January 23, 1996) (``The photometric requirements for turn 
signal lamps may be met at zones or groups of test points, instead of 
at individual test points.'')
    Gillig, in concert with Hamsar Diversco (Hamsar), its lighting 
supplier, conducted a series of compliance testing for Generations 1 to 
6. In order to accurately execute the testing, Hamsar used CAD drawings 
of the Gillig Low-Floor to construct an aluminum test stand fixture. 
The test stand precisely matched the orientation and angle at which the 
turn signal would have been installed on a Gillig Low-Floor bus. Hamsar 
then conducted a series of tests measuring the PI output using samples 
of each of the available generations of turn signals. A summary of test 
data shows:

    (a) For Generations 1 and 2 (the oldest generations), the 
assemblies meet the minimum photometric intensity (PI) requirements 
for 3 of 5 groups and allowable 60% of minimum PI at 13 of 19 
individual test points. The turn signal's overall PI output of 1271 
candelas is approximately 25% below the combined minimum 
requirements for all 5 groups (1710 candelas).
    (b) For turn signals in Generation 3, the assemblies meet the 
minimum PI requirements of 3 of 5 test groups and allowable 60% of 
minimum PI at 13 of 19 individual test points. However, the overall 
PI output for Generation 3 turn signals of 2506 candelas is 47% 
greater than the combined minimum requirements for all 5 groups 
(1710 candelas).\2\
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    \2\ In addition, the integrated side markers for Generation 3 
turn signals were tested and meet all photometric requirements.
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    (c) For turn signals in Generation 4, the assemblies meet the 
minimum PI requirements for 3 of 5 test groups and allowable 60% of 
minimum PI at 15 of 19 individual test points. However, the overall 
PI output for Generation 4 turn signals of 2120 candelas is 24% 
greater than the combined minimum requirements for all 5 groups 
(1710 candelas).
    (d) For turn signals in Generation 5, the assemblies meet the 
minimum PI requirements for 2 of 5 test groups and allowable 60% of 
minimum PI 8 of 19 individual test points. However, the overall PI 
output for Generation 5 turn signals of 1403 candelas is only 18% 
below the combined minimum requirements for all 5 groups (1710 
candelas).
    (e) For turn signal assemblies in Generation 6, the assemblies 
also meet the minimum photometric intensity for 3 of 5 test groups 
and allowable 60% of minimum photometric intensity for 12 of 19 
individual test points. The overall photometric intensity output for 
Generation 6 turn signals of 4201 candelas is 146% greater than the 
combined minimum requirements for all 5 groups (1710 candelas).

    Gillig states that for the test groups in each generation that 
meets the PI requirements, the values for those groups well exceed the 
minimum values for the group. The PI output for groups exceeding the 
minimum values in Generations 1 and 2 achieve 119%-242% of minimum 
values. The PI output for Generation 3 turn signals achieve 105%-575% 
of minimum values. The PI output for Generation 4 turn signals achieve 
109%-386% of minimum values. The PI output for Generation 5 turn 
signals achieve 224%-267% of minimum values. Finally, the PI output for 
Generation 6 turn signals achieve 114%-1022% of minimum values.
    Gillig further contends that the turn signals are sufficiently 
bright and visible overall and there is little if any perceptible 
difference in light output when compared with a compliant turn signal. 
The comparisons also illustrate how visually similar the performance of 
the earlier generations of the assemblies are to the FMVSS No. 108 
standard, and why their noncompliance garnered no attention, by Gillig 
or its customers, in over twenty years of production.
    2. NHTSA has Previously Granted Petitions Where Lighting Equipment 
Did Not Meet the Photometry Requirements: Gillig contends that from its 
inception, the Safety Act has included a provision recognizing that 
some noncompliances pose little or no safety risk. In applying this 
recognition to particular fact situations, the agency considers whether 
the noncompliance gives rise to ``a significantly greater risk than . . 
. in a compliant vehicle.'' See 69 FR 19897-19900 (April 14, 2000).
    Relying on this same principle, Gillig contends that despite the 
technical noncompliance with the PI requirements, the light output in 
Generation 1-6 turn signals is sufficiently bright and does not create 
a greater risk than turn signal assemblies that fully meet the 
photometric parameters. Gillig states that NHTSA has considered 
deviations from these photometric parameters on numerous occasions, 
frequently finding that there is no need for a recall remedy campaign 
when there are other factors contributing to the overall brightness of 
the equipment.
    For example, the agency granted a petition by General Motors \3\ 
where its turn signals met the photometry requirements in 3 of 4 test 
groups and produced, on average, 90% of the required PI output. For the 
three complying groups of turn signals, the assemblies exceeded the 
light intensity requirements by at least 20%.
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    \3\ 61 FR 1663-1664 (January 22, 1996).
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    Gillig further states that the agency granted similar petitions for 
inconsequential noncompliance where

[[Page 46348]]

the product did not meet the photometric intensity requirements.\4\
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    \4\ 78 FR 46000 (July 30, 2013); 55 FR 37602 (September 12, 
1990); 61 FR 1663 (January 22, 1996).
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    Here, because the PI output of the compliant test groups within 
Generations 3, 4 and 6 exceeds the candela requirements by a 
substantial margin, a range of 24%-146% above the additional candela 
offsets the overall performance of the turn signals.\5\
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    \5\ 63 FR 70179 (December 18, 1998); 61 FR 1663-1664 (January 
22, 1996.
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    Gillig observes that in some instances, involving reduced 
photometric output, NHTSA has denied the petition on the basis that the 
condition created a measurable impact on the driver's ability to see 
objects on or above the road.\6\ In contrast, the only indication of 
such an impact involves the Generation 7 assemblies for which Gillig is 
in the process of conducting a recall remedy campaign. There is no 
indication that the deviation in performance for Generations 1-6 has 
led to any difficulty in seeing and responding to the turn signals, and 
as supported by the field history, the turn signal assemblies have 
operated successfully for years and in some cases decades.
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    \6\ 66 FR 38340 (July 23, 2001).
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    Gillig states that the agency has long considered changes in light 
output in the range presented here as being visually imperceptible to 
vehicle occupants or other drivers.\7\ Gillig also states that the 
agency has noted that turn signals, unlike head lamps, do not affect 
road illumination so that a reduced amount of light output would not, 
by itself, create an increased risk to the public.\8\
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    \7\ 59 FR 65428 (December 19, 1994).
    \8\ 66 FR 38341 (July 23, 2001).
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    Finally, according to Gillig, the environment in which the Gillig 
turn signals are used diminishes any potential risk to safety. Because 
the buses in which the subject turn signals are installed are 
predominantly public transit buses, they are managed by fleet operators 
and undergo regular maintenance and reviews by skilled technicians.\9\ 
Part of that process includes a pre-trip inspection. That protocol 
requires a review of the bus's operating systems, including a review of 
the turn signals. Consequently, if the photometric intensity of the 
Generations 1-6 lights were inadequate, trained professional service 
personnel and drivers would have identified this over the years, and in 
some cases, decades of pre-trip inspections.\10\ Gillig has never 
received a complaint, notice or report related to visibility concerns 
with the Generation 1-6 turn signals, underscoring the overall 
visibility of the turn signals.
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    \9\ The Typical life cycle for a public transit bus is either 12 
years or 500,000 miles, meaning that the majority of the vehicles 
with Generation 1-6 turn signals may no longer be in service.
    \10\ 64 FR 44575 (August 16, 1999).
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    Gillig concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    3. Supplemental Petition: In April 2017, and as part of its ongoing 
quality review process, Gillig contracted with an independent lighting 
certification laboratory (Calcoast-ITL) to conduct a series of 
additional compliance tests for the turn signals included in 
Generations 1-6. In order to accurately execute the testing, CAD 
drawings of the front of the Gillig Low-Floor bus were used to 
construct an aluminum test stand fixture. The test stand precisely 
matched the orientation and angles at which the right and left front 
turn signals would have been installed on the bus. The laboratory then 
conducted a series of tests measuring the PI output using samples of 
each of the available generations of turn signals. The testing was 
certified to have been conducted in accordance with the FMVSS 108 Test 
Procedure (TP-108-13). A summary of the test data provides:

    (a) For Generations 1 and 2 (the oldest generations), the 
assemblies meet the minimum photometric intensity (PI) requirements 
for 3 of 5 groups and allowable 60% of minimum PI at 13 of 19 
individual test points. The turn signal's overall PI output of 1364 
candelas is approximately 20% below the combined minimum 
requirements for all 5 groups (1710 candelas).
    (b) For turn signals in Generation 3, the assemblies meet the 
minimum PI requirements of 3 of 5 test groups and allowable 60% of 
minimum PI at 15 of 19 individual test points. However, the overall 
PI output for Generation 3 turn signals of 2387 candelas is 40% 
greater than the combined minimum requirements for all 5 groups 
(1710 candelas).\11\
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    \11\ In addition, the integrated side markers for Generation 3 
turn signals were tested and meet all photometric requirements.
---------------------------------------------------------------------------

    (c) For turn signals in Generation 4, the assemblies meet the 
minimum PI requirements for 4 of 5 test groups and allowable 60% of 
minimum PI at 15 of 19 individual test points. However, the overall 
PI output for Generation 4 turn signals of 3307 candelas is 93% 
greater than the combined minimum requirements for all 5 groups 
(1710 candelas).
    (d) For turn signals in Generation 5, the assemblies meet the 
minimum PI requirements for 2 of 5 test groups and allowable 60% of 
minimum PI 12 of 19 individual test points. However, the overall PI 
output for Generation 5 turn signals of 2385 candelas is only 39% 
below the combined minimum requirements for all 5 groups (1710 
candelas).
    (e) For turn signal assemblies in Generation 6, the assemblies 
also meet the minimum photometric intensity for 4 of 5 test groups 
and allowable 60% of minimum photometric intensity for 17 of 19 
individual test points. The overall photometric intensity output for 
Generation 6 turn signals of 5655 candelas is 231% greater than the 
combined minimum requirements for all 5 groups (1710 candelas).

    Thus, the new PI output for groups that exceed the minimum values 
are:
     Generations 1 and 2 achieve 122%-267% of minimum values.
     Generation 3 achieves 192%-428% of minimum values.
     Generation 4 achieves 125%-598% of minimum values.
     Generation 5 achieves 367%-445% of minimum values.
     Generation 6 achieves 143%-1185% of minimum values.
    As a result, the groups that exceed the minimum values in each lamp 
compensate for the groups that are below the minimums to the extent 
that the overall PI outputs of the most recent four generation of 
lights (Generations 3-6) significantly exceed the overall PI output 
required for a front turn signal lamp (1710 candelas).
    As part of Gillig's supplemental petition, they submitted a video 
which shows a side-by-side comparison of Generation 1-6 turn signal 
assemblies with a newer generation of turn signal that exceeds all 
FMVSS No. 108 minimum requirements for photometry. Gillig says that the 
comparisons were performed with the lights in their various generations 
installed on the same bus as it is driven through a turning maneuver 
(filmed indoors to control ambient lighting throughout the 
comparisons). Gillig believes that it is evident from the multiple 
angles in the video that the lights from Generation 1-6 are so bright 
and large that they are virtually indistinguishable from the newer 
version.
    To view Gillig's petition analyses, test data and video in its 
entirety you can visit https://www.regulations.gov by following the 
online instructions for accessing the dockets and by using the docket 
ID number for this petition shown in the heading of this notice.
    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

[[Page 46349]]

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 Gillig no longer controlled at the time it determined that 
the noncompliance existed. However, any decision on this petition does 
not relieve vehicle distributors and dealers of the prohibitions on the 
sale, offer for sale, or introduction or delivery for introduction into 
interstate commerce of the noncompliant vehicles under their control 
after Gillig 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. 2017-21257 Filed 10-3-17; 8:45 am]
 BILLING CODE 4910-59-P



                                                46346                      Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices

                                                E.O. 13287 Preserve America; E.O.                       SUMMARY:   Gillig, LLC (Gillig), has                  be considered to the fullest extent
                                                13175 Consultation and Coordination                     determined that certain model year                    possible.
                                                with Indian Tribal Governments; E.O.                    (MY) 1997–2016 Gillig low floor buses                    When the petition is granted or
                                                11514 Protection and Enhancement of                     do not fully comply with Federal Motor                denied, notice of the decision will also
                                                Environmental Quality; E.O. 13112                       Vehicle Safety Standard (FMVSS) No.                   be published in the Federal Register
                                                Invasive Species.                                       108, Lamps, Reflective Devices, and                   pursuant to the authority indicated at
                                                   The projects subject to this notice are:             Associated Equipment. Gillig filed a                  the end of this notice.
                                                   1. Project Location: Santa Rosa                      noncompliance report dated February                      All comments, background
                                                County, SR 87 Connector from SR 87                      24, 2017. Gillig also petitioned NHTSA                documentation, and supporting
                                                South to SR 87 North, Federal Project                   on March 24, 2017, and amended it on                  materials submitted to the docket may
                                                No: SF1 296 R, S129 348 R, TCSP 033                     May 10, 2017, for a decision that the                 be viewed by anyone at the address and
                                                U, T129 348 R. Project type: The project                subject noncompliance is                              times given above. The documents may
                                                involves a new roadway facility that                    inconsequential as it relates to motor                also be viewed on the Internet at https://
                                                will directly link SR 87S with SR 87N                   vehicle safety.                                       www.regulations.gov by following the
                                                in the vicinity of Milton. Final agency                                                                       online instructions for accessing the
                                                                                                        DATES: The closing date for comments
                                                actions are taken under: NEPA, FAHA,                                                                          dockets. The docket ID number for this
                                                                                                        on the petition is November 3, 2017.
                                                CAA, 4(f), E.O. 12898, etc., and are                                                                          petition is shown in the heading of this
                                                                                                        ADDRESSES: Interested persons are                     notice.
                                                described in the FEIS and ROD issued                    invited to submit written data, views,
                                                on October 20, 2016, and are available                                                                           DOT’s complete Privacy Act
                                                                                                        and arguments on this petition.                       Statement is available for review in a
                                                at http://www.sr87connector.com/                        Comments must refer to the docket and
                                                status.html.                                                                                                  Federal Register notice published on
                                                                                                        notice number cited in the title of this              April 11, 2000, (65 FR 19477–78).
                                                   2. Project Location: Orange, Seminole,               notice and submitted by any of the
                                                and Volusia Counties, Interstate 4 (I–4)                                                                      SUPPLEMENTARY INFORMATION:
                                                                                                        following methods:                                       I. Overview: Gillig, LLC (Gillig), has
                                                from south of SR 528 to east of SR 472,                   • Mail: Send comments by mail
                                                Federal Project No: 0041 227 I. The                                                                           determined that certain model year
                                                                                                        addressed to U.S. Department of                       (MY) 1997–2016 Gillig low floor buses
                                                project involves the build-out of I–4 in                Transportation, Docket Operations, M–
                                                Central Florida to result in three General                                                                    do not fully comply with paragraph
                                                                                                        30, West Building Ground Floor, Room                  S7.1.1.13.1 of FMVSS No. 108, Lamps,
                                                Use lanes in each direction with the                    W12–140, 1200 New Jersey Avenue SE.,
                                                addition of two new Express Lanes in                                                                          Reflective Devices, and Associated
                                                                                                        Washington, DC 20590.                                 Equipment. Gillig filed a
                                                each direction, resulting in a total of ten               • Hand Delivery: Deliver comments
                                                dedicated lanes. Final agency actions                                                                         noncompliance report dated February
                                                                                                        by hand to U.S. Department of                         24, 2017, pursuant to 49 CFR part 573,
                                                are taken under: NEPA, etc., and are                    Transportation, Docket Operations, M–                 Defect and Noncompliance
                                                described in the Final Evaluation and                   30, West Building Ground Floor, Room                  Responsibility and Reports. Gillig also
                                                Assessment Study and ROD issued on                      W12–140, 1200 New Jersey Avenue SE.,                  petitioned NHTSA on March 24, 2017,
                                                August 24, 2017, and are available at                   Washington, DC 20590. The Docket                      and amended it on May 10, 2017,
                                                www.i4express.com.                                      Section is open on weekdays from 10                   pursuant to 49 U.S.C. 30118(d) and
                                                (Catalog of Federal Domestic Assistance                 a.m. to 5 p.m. except Federal Holidays.               30120(h) and 49 CFR part 556, for an
                                                Program Number 20.205, Highway Planning                   • Electronically: Submit comments                   exemption from the notification and
                                                and Construction. The regulations                       electronically by logging onto the                    remedy requirements of 49 U.S.C.
                                                implementing Executive Order 12372                      Federal Docket Management System                      Chapter 301 on the basis that this
                                                regarding intergovernmental consultation on             (FDMS) Web site at https://
                                                Federal programs and activities apply to this                                                                 noncompliance is inconsequential as it
                                                program.)
                                                                                                        www.regulations.gov/. Follow the online               relates to motor vehicle safety.
                                                                                                        instructions for submitting comments.                    This notice of receipt of Gillig’s
                                                   Authority: 23 U.S.C. 139(l)(1).                         • Comments may also be faxed to                    petition is published under 49 U.S.C.
                                                  Issued on: September 27, 2017.                        (202) 493–2251.                                       30118 and 30120 and does not represent
                                                David Hawk,                                                Comments must be written in the                    any agency decision or other exercise of
                                                Acting Division Administrator, Federal                  English language, and be no greater than              judgment concerning the merits of the
                                                Highway Administration, Tallahassee,                    15 pages in length, although there is no              petition.
                                                Florida.                                                limit to the length of necessary                         II. Buses Involved: Approximately
                                                [FR Doc. 2017–21372 Filed 10–3–17; 8:45 am]             attachments to the comments. If                       41,714 MY 1997–2016 Gillig low floor
                                                BILLING CODE 4910–RY–P                                  comments are submitted in hard copy                   buses, manufactured between December
                                                                                                        form, please ensure that two copies are               31, 1997, and February 3, 2017, are
                                                                                                        provided. If you wish to receive                      potentially involved.
                                                DEPARTMENT OF TRANSPORTATION                            confirmation that comments you have                      III. Noncompliance: Gillig stated that
                                                                                                        submitted by mail were received, please               it installed six different generations of
                                                National Highway Traffic Safety                         enclose a stamped, self-addressed                     turn signal assemblies in the subject
                                                Administration                                          postcard with the comments. Note that                 buses; however, after receiving two
                                                                                                        all comments received will be posted                  complaints that their Generation 7 turn
                                                [Docket No. NHTSA–2017–0021; Notice 1]                  without change to https://                            signal assemblies were not sufficiently
                                                                                                        www.regulations.gov, including any                    visible, Gillig and the turn signal
                                                Gillig, LLC, Receipt of Petition for                    personal information provided.                        manufacturer went back and tested the
sradovich on DSK3GMQ082PROD with NOTICES




                                                Decision of Inconsequential                                All comments and supporting                        previous generations to see if they met
                                                Noncompliance                                           materials received before the close of                the requirements of FMVSS No. 108.
                                                AGENCY:  National Highway Traffic                       business on the closing date indicated                Test results for generations 1 through 6
                                                Safety Administration (NHTSA),                          above will be filed in the docket and                 of the turn signal assemblies showed
                                                Department of Transportation (DOT).                     will be considered. All comments and                  that they do not meet all the minimum
                                                                                                        supporting materials received after the               photometry requirements of paragraph
                                                ACTION: Receipt of petition.
                                                                                                        closing date will also be filed and will              S7.1.1.13.1 of FMVSS No. 108.


                                           VerDate Sep<11>2014   20:18 Oct 03, 2017   Jkt 244001   PO 00000   Frm 00136   Fmt 4703   Sfmt 4703   E:\FR\FM\04OCN1.SGM   04OCN1


                                                                            Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices                                                    46347

                                                  IV. Rule Text: Paragraph S7.1.1.13.1                    Gillig, in concert with Hamsar                      output for Generation 3 turn signals
                                                of FMVSS No. 108, states, in pertinent                  Diversco (Hamsar), its lighting supplier,             achieve 105%–575% of minimum
                                                part:                                                   conducted a series of compliance testing              values. The PI output for Generation 4
                                                  S7.1.1.13 Photometry                                  for Generations 1 to 6. In order to                   turn signals achieve 109%–386% of
                                                  S7.1.1.13.1 When tested according to the              accurately execute the testing, Hamsar                minimum values. The PI output for
                                                procedure of S14.2.1, each front turn signal            used CAD drawings of the Gillig Low-                  Generation 5 turn signals achieve
                                                lamp must be designed to conform to the                 Floor to construct an aluminum test                   224%–267% of minimum values.
                                                base photometry requirements plus any                   stand fixture. The test stand precisely               Finally, the PI output for Generation 6
                                                applicable multipliers as shown in Tables               matched the orientation and angle at                  turn signals achieve 114%–1022% of
                                                VI–a and VI-b for the number of lamp                    which the turn signal would have been
                                                compartments or individual lamps and the                                                                      minimum values.
                                                                                                        installed on a Gillig Low-Floor bus.
                                                type of vehicle it is installed on.                                                                              Gillig further contends that the turn
                                                                                                        Hamsar then conducted a series of tests
                                                   V. Summary of Gillig’s Petition: Gillig              measuring the PI output using samples                 signals are sufficiently bright and visible
                                                described the subject noncompliance                     of each of the available generations of               overall and there is little if any
                                                and stated its belief that the                          turn signals. A summary of test data                  perceptible difference in light output
                                                noncompliance is inconsequential as it                  shows:                                                when compared with a compliant turn
                                                relates to motor vehicle safety.                                                                              signal. The comparisons also illustrate
                                                                                                           (a) For Generations 1 and 2 (the oldest
                                                   In support of its petition, Gillig                   generations), the assemblies meet the                 how visually similar the performance of
                                                submitted the following reasoning:                      minimum photometric intensity (PI)                    the earlier generations of the assemblies
                                                   1. Analysis: For front turn signals, the             requirements for 3 of 5 groups and allowable          are to the FMVSS No. 108 standard, and
                                                FMVSS No. 108 photometry                                60% of minimum PI at 13 of 19 individual              why their noncompliance garnered no
                                                requirements provide that ‘‘when tested                 test points. The turn signal’s overall PI             attention, by Gillig or its customers, in
                                                                                                        output of 1271 candelas is approximately              over twenty years of production.
                                                according to the procedure of S14.2.1,                  25% below the combined minimum
                                                each front turn signal lamp must be                     requirements for all 5 groups (1710 candelas).           2. NHTSA has Previously Granted
                                                designed to conform to the base                            (b) For turn signals in Generation 3, the          Petitions Where Lighting Equipment Did
                                                photometry requirements plus any                        assemblies meet the minimum PI                        Not Meet the Photometry Requirements:
                                                applicable multipliers 1 for the number                 requirements of 3 of 5 test groups and                Gillig contends that from its inception,
                                                of lamp compartments or individual                      allowable 60% of minimum PI at 13 of 19
                                                                                                        individual test points. However, the overall          the Safety Act has included a provision
                                                lamps and the type of vehicle it is                                                                           recognizing that some noncompliances
                                                                                                        PI output for Generation 3 turn signals of
                                                installed on.’’ See FMVSS No. 108,                                                                            pose little or no safety risk. In applying
                                                                                                        2506 candelas is 47% greater than the
                                                S7.1.1.13.1.                                            combined minimum requirements for all 5               this recognition to particular fact
                                                   A front turn signal lamp meets the                   groups (1710 candelas).2                              situations, the agency considers whether
                                                photometry requirements of FMVSS No.                       (c) For turn signals in Generation 4, the          the noncompliance gives rise to ‘‘a
                                                108 if it: (1) Meets the minimum                        assemblies meet the minimum PI
                                                                                                                                                              significantly greater risk than . . . in a
                                                photometric intensity (‘‘PI’’)                          requirements for 3 of 5 test groups and
                                                                                                        allowable 60% of minimum PI at 15 of 19               compliant vehicle.’’ See 69 FR 19897–
                                                requirement in each of the five test
                                                                                                        individual test points. However, the overall          19900 (April 14, 2000).
                                                groups, (2) none of the values for the
                                                                                                        PI output for Generation 4 turn signals of               Relying on this same principle, Gillig
                                                individual test points are less than 60%                2120 candelas is 24% greater than the
                                                of its own minimum PI value, and (3)                                                                          contends that despite the technical
                                                                                                        combined minimum requirements for all 5
                                                the minimum PI value between test                       groups (1710 candelas).                               noncompliance with the PI
                                                points is not less than the lower                          (d) For turn signals in Generation 5, the          requirements, the light output in
                                                specified minimum value of the two                      assemblies meet the minimum PI                        Generation 1–6 turn signals is
                                                closest adjacent test points on a                       requirements for 2 of 5 test groups and               sufficiently bright and does not create a
                                                horizontal or vertical line. Stated                     allowable 60% of minimum PI 8 of 19                   greater risk than turn signal assemblies
                                                another way, an individual test point                   individual test points. However, the overall          that fully meet the photometric
                                                                                                        PI output for Generation 5 turn signals of
                                                may be up to 40% below its minimum                      1403 candelas is only 18% below the
                                                                                                                                                              parameters. Gillig states that NHTSA
                                                PI value as long as the group in which                  combined minimum requirements for all 5               has considered deviations from these
                                                it is contained achieves the overall                    groups (1710 candelas).                               photometric parameters on numerous
                                                group minimum PI value. Based on this                      (e) For turn signal assemblies in Generation       occasions, frequently finding that there
                                                approach, even if the turn signal did not               6, the assemblies also meet the minimum               is no need for a recall remedy campaign
                                                meet the minimum photometry                             photometric intensity for 3 of 5 test groups          when there are other factors
                                                requirements at multiple individual test                and allowable 60% of minimum photometric              contributing to the overall brightness of
                                                points, the assembly complies with the                  intensity for 12 of 19 individual test points.
                                                                                                        The overall photometric intensity output for
                                                                                                                                                              the equipment.
                                                standard as long as the overall light                   Generation 6 turn signals of 4201 candelas is            For example, the agency granted a
                                                intensity of all the test points included               146% greater than the combined minimum                petition by General Motors 3 where its
                                                within the group does not fall below the                requirements for all 5 groups (1710 candelas).        turn signals met the photometry
                                                required minimum value of the group.
                                                                                                          Gillig states that for the test groups in           requirements in 3 of 4 test groups and
                                                (See 61 FR 1663; January 23, 1996)
                                                (‘‘The photometric requirements for turn                each generation that meets the PI                     produced, on average, 90% of the
                                                signal lamps may be met at zones or                     requirements, the values for those                    required PI output. For the three
                                                groups of test points, instead of at                    groups well exceed the minimum values                 complying groups of turn signals, the
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                                                individual test points.’’)                              for the group. The PI output for groups               assemblies exceeded the light intensity
                                                                                                        exceeding the minimum values in                       requirements by at least 20%.
                                                  1 All of the designs of the turn signal assemblies
                                                                                                        Generations 1 and 2 achieve 119%–                        Gillig further states that the agency
                                                employ a reflector. Since the spacing from the          242% of minimum values. The PI                        granted similar petitions for
                                                geometric centroid of the turn signal to the lighted                                                          inconsequential noncompliance where
                                                edge of the lower beam of the headlamp is greater         2 In addition, the integrated side markers for

                                                than 100 mm, a multiplier is not applicable.            Generation 3 turn signals were tested and meet all
                                                (FMVSS No. 108, S7.1.1.10.3, S7.1.1.10.4(a)).           photometric requirements.                               3 61   FR 1663–1664 (January 22, 1996).



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                                                46348                        Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices

                                                the product did not meet the                              pre-trip inspections.10 Gillig has never             requirements for 2 of 5 test groups and
                                                photometric intensity requirements.4                      received a complaint, notice or report               allowable 60% of minimum PI 12 of 19
                                                   Here, because the PI output of the                     related to visibility concerns with the              individual test points. However, the overall
                                                compliant test groups within                              Generation 1–6 turn signals,                         PI output for Generation 5 turn signals of
                                                                                                                                                               2385 candelas is only 39% below the
                                                Generations 3, 4 and 6 exceeds the                        underscoring the overall visibility of the           combined minimum requirements for all 5
                                                candela requirements by a substantial                     turn signals.                                        groups (1710 candelas).
                                                margin, a range of 24%–146% above the                        Gillig concluded by expressing the                   (e) For turn signal assemblies in Generation
                                                additional candela offsets the overall                    belief that the subject noncompliance is             6, the assemblies also meet the minimum
                                                performance of the turn signals.5                         inconsequential as it relates to motor               photometric intensity for 4 of 5 test groups
                                                   Gillig observes that in some instances,                vehicle safety, and that its petition to be          and allowable 60% of minimum photometric
                                                involving reduced photometric output,                     exempted from providing notification of              intensity for 17 of 19 individual test points.
                                                NHTSA has denied the petition on the                      the noncompliance, as required by 49                 The overall photometric intensity output for
                                                basis that the condition created a                        U.S.C. 30118, and a remedy for the                   Generation 6 turn signals of 5655 candelas is
                                                                                                                                                               231% greater than the combined minimum
                                                measurable impact on the driver’s                         noncompliance, as required by 49
                                                                                                                                                               requirements for all 5 groups (1710 candelas).
                                                ability to see objects on or above the                    U.S.C. 30120, should be granted.
                                                road.6 In contrast, the only indication of                   3. Supplemental Petition: In April                   Thus, the new PI output for groups
                                                such an impact involves the Generation                    2017, and as part of its ongoing quality             that exceed the minimum values are:
                                                7 assemblies for which Gillig is in the                   review process, Gillig contracted with                  • Generations 1 and 2 achieve 122%–
                                                process of conducting a recall remedy                     an independent lighting certification                267% of minimum values.
                                                campaign. There is no indication that                     laboratory (Calcoast-ITL) to conduct a                  • Generation 3 achieves 192%–428%
                                                the deviation in performance for                          series of additional compliance tests for            of minimum values.
                                                Generations 1–6 has led to any difficulty                 the turn signals included in Generations                • Generation 4 achieves 125%–598%
                                                in seeing and responding to the turn                      1–6. In order to accurately execute the              of minimum values.
                                                                                                          testing, CAD drawings of the front of the               • Generation 5 achieves 367%–445%
                                                signals, and as supported by the field
                                                                                                          Gillig Low-Floor bus were used to                    of minimum values.
                                                history, the turn signal assemblies have                                                                          • Generation 6 achieves 143%–
                                                operated successfully for years and in                    construct an aluminum test stand
                                                                                                          fixture. The test stand precisely                    1185% of minimum values.
                                                some cases decades.                                                                                               As a result, the groups that exceed the
                                                   Gillig states that the agency has long                 matched the orientation and angles at
                                                                                                                                                               minimum values in each lamp
                                                considered changes in light output in                     which the right and left front turn
                                                                                                                                                               compensate for the groups that are
                                                the range presented here as being                         signals would have been installed on
                                                                                                                                                               below the minimums to the extent that
                                                visually imperceptible to vehicle                         the bus. The laboratory then conducted
                                                                                                                                                               the overall PI outputs of the most recent
                                                occupants or other drivers.7 Gillig also                  a series of tests measuring the PI output
                                                                                                                                                               four generation of lights (Generations 3–
                                                states that the agency has noted that                     using samples of each of the available
                                                                                                                                                               6) significantly exceed the overall PI
                                                turn signals, unlike head lamps, do not                   generations of turn signals. The testing
                                                                                                                                                               output required for a front turn signal
                                                affect road illumination so that a                        was certified to have been conducted in
                                                                                                                                                               lamp (1710 candelas).
                                                reduced amount of light output would                      accordance with the FMVSS 108 Test
                                                                                                                                                                  As part of Gillig’s supplemental
                                                not, by itself, create an increased risk to               Procedure (TP–108–13). A summary of
                                                                                                                                                               petition, they submitted a video which
                                                the public.8                                              the test data provides:
                                                                                                                                                               shows a side-by-side comparison of
                                                   Finally, according to Gillig, the                         (a) For Generations 1 and 2 (the oldest           Generation 1–6 turn signal assemblies
                                                environment in which the Gillig turn                      generations), the assemblies meet the                with a newer generation of turn signal
                                                signals are used diminishes any                           minimum photometric intensity (PI)
                                                                                                          requirements for 3 of 5 groups and allowable
                                                                                                                                                               that exceeds all FMVSS No. 108
                                                potential risk to safety. Because the                                                                          minimum requirements for photometry.
                                                buses in which the subject turn signals                   60% of minimum PI at 13 of 19 individual
                                                                                                          test points. The turn signal’s overall PI            Gillig says that the comparisons were
                                                are installed are predominantly public                    output of 1364 candelas is approximately             performed with the lights in their
                                                transit buses, they are managed by fleet                  20% below the combined minimum                       various generations installed on the
                                                operators and undergo regular                             requirements for all 5 groups (1710 candelas).       same bus as it is driven through a
                                                maintenance and reviews by skilled                           (b) For turn signals in Generation 3, the         turning maneuver (filmed indoors to
                                                technicians.9 Part of that process                        assemblies meet the minimum PI
                                                                                                                                                               control ambient lighting throughout the
                                                includes a pre-trip inspection. That                      requirements of 3 of 5 test groups and
                                                                                                          allowable 60% of minimum PI at 15 of 19              comparisons). Gillig believes that it is
                                                protocol requires a review of the bus’s                                                                        evident from the multiple angles in the
                                                                                                          individual test points. However, the overall
                                                operating systems, including a review of                  PI output for Generation 3 turn signals of           video that the lights from Generation 1–
                                                the turn signals. Consequently, if the                    2387 candelas is 40% greater than the                6 are so bright and large that they are
                                                photometric intensity of the Generations                  combined minimum requirements for all 5              virtually indistinguishable from the
                                                1–6 lights were inadequate, trained                       groups (1710 candelas).11                            newer version.
                                                professional service personnel and                           (c) For turn signals in Generation 4, the            To view Gillig’s petition analyses, test
                                                drivers would have identified this over                   assemblies meet the minimum PI
                                                                                                                                                               data and video in its entirety you can
                                                the years, and in some cases, decades of                  requirements for 4 of 5 test groups and
                                                                                                          allowable 60% of minimum PI at 15 of 19              visit https://www.regulations.gov by
                                                                                                          individual test points. However, the overall         following the online instructions for
                                                   4 78 FR 46000 (July 30, 2013); 55 FR 37602

                                                (September 12, 1990); 61 FR 1663 (January 22,             PI output for Generation 4 turn signals of           accessing the dockets and by using the
                                                1996).                                                    3307 candelas is 93% greater than the                docket ID number for this petition
                                                                                                          combined minimum requirements for all 5
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                                                   5 63 FR 70179 (December 18, 1998); 61 FR 1663–                                                              shown in the heading of this notice.
                                                1664 (January 22, 1996.                                   groups (1710 candelas).                                 NHTSA notes that the statutory
                                                   6 66 FR 38340 (July 23, 2001).                            (d) For turn signals in Generation 5, the         provisions (49 U.S.C. 30118(d) and
                                                   7 59 FR 65428 (December 19, 1994).                     assemblies meet the minimum PI
                                                                                                                                                               30120(h)) that permit manufacturers to
                                                   8 66 FR 38341 (July 23, 2001).
                                                                                                            10 64
                                                                                                                                                               file petitions for a determination of
                                                   9 The Typical life cycle for a public transit bus is          FR 44575 (August 16, 1999).
                                                either 12 years or 500,000 miles, meaning that the          11 In
                                                                                                                addition, the integrated side markers for
                                                                                                                                                               inconsequentiality allow NHTSA to
                                                majority of the vehicles with Generation 1–6 turn         Generation 3 turn signals were tested and meet all   exempt manufacturers only from the
                                                signals may no longer be in service.                      photometric requirements.                            duties found in sections 30118 and


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                                                                           Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices                                                 46349

                                                30120, respectively, to notify owners,            Abstract: Form 637 is used to apply                         or start-up costs and costs of operation,
                                                purchasers, and dealers of a defect or         for excise tax registration. The                               maintenance, and purchase of services
                                                noncompliance and to remedy the                registration applies to a person required                      to provide information.
                                                defect or noncompliance. Therefore, any        to be registered under Revenue code                              Approved: September 28, 2017.
                                                decision on this petition only applies to      section 4101 for purposes of the federal                       L. Brimmer,
                                                the subject buses that Gillig no longer        excise tax on taxable fuel imposed
                                                                                                                                                              Senior Tax Analyst.
                                                controlled at the time it determined that      under Code sections 4041 and 4071; and
                                                                                                                                                              [FR Doc. 2017–21260 Filed 10–3–17; 8:45 am]
                                                the noncompliance existed. However,            to certain manufacturers or sellers and
                                                                                                                                                              BILLING CODE 4830–01–P
                                                any decision on this petition does not         purchasers that must register under
                                                relieve vehicle distributors and dealers       Code section 4222 to be exempt from
                                                of the prohibitions on the sale, offer for     the excise tax on taxable articles. The
                                                                                                                                                              DEPARTMENT OF THE TREASURY
                                                sale, or introduction or delivery for          data is used to determine if the
                                                introduction into interstate commerce of       applicant qualifies for the exemption.                         Internal Revenue Service
                                                the noncompliant vehicles under their          Taxable fuel producers are required by
                                                control after Gillig notified them that        Code section 4101 to register with the                         Proposed Collection; Comment
                                                the subject noncompliance existed.             Service before incurring any tax                               Request for Regulation Project
                                                   Authority: (49 U.S.C. 30118, 30120:         liability.
                                                                                                  Current Actions: Section B, line 8 is                       AGENCY: Internal Revenue Service (IRS),
                                                delegations of authority at 49 CFR 1.95 and                                                                   Treasury.
                                                501.8)                                         removed because it was a burdensome
                                                                                               to applicants to request their tax                             ACTION: Notice and request for
                                                Jeffrey M. Giuseppe,                           returns/financials at this stage of the                        comments.
                                                Director, Office of Vehicle Safety Compliance. process.
                                                                                                                                                              SUMMARY:    The Internal Revenue Service
                                                [FR Doc. 2017–21257 Filed 10–3–17; 8:45 am]       Type of Review: Revision of a
                                                                                                                                                              (IRS), as part of its continuing effort to
                                                BILLING CODE 4910–59–P                         currently approved collection.
                                                                                                  Affected Public: Business or other for-                     reduce paperwork and respondent
                                                                                               profit organizations, and not-for-profit                       burden, invites the general public and
                                                                                               institutions, and farms.                                       other Federal agencies to take this
                                                DEPARTMENT OF THE TREASURY                        Estimated Number of Respondents:                            opportunity to comment on information
                                                                                               2,000.                                                         collections, as required by the
                                                Internal Revenue Service                          Estimated Time per Respondent: 11                           Paperwork Reduction Act of 1995. The
                                                                                               hr., 19 min.                                                   IRS is soliciting comments concerning
                                                Proposed Collection; Comment                      Estimated Total Annual Burden                               Low-income Housing Credit for
                                                Request for Form 637                           Hours: 22,620.                                                 Federally-assisted Buildings.
                                                AGENCY: Internal Revenue Service (IRS),           The following paragraph applies to all                      DATES: Written comments should be
                                                Treasury.                                      of the collections of information covered                      received on or before December 4, 2017
                                                                                               by this notice:                                                to be assured of consideration.
                                                ACTION: Notice and request for
                                                                                                  An agency may not conduct or                                ADDRESSES: Direct all written comments
                                                comments.                                      sponsor, and a person is not required to                       to L. Brimmer, Internal Revenue
                                                SUMMARY: The Internal Revenue Service          respond to, a collection of information                        Service, Room 6526, 1111 Constitution
                                                (IRS), as part of its continuing effort to     unless the collection of information                           Avenue NW., Washington, DC 20224.
                                                reduce paperwork and respondent                displays a valid OMB control number.                           Requests for additional information or
                                                burden, invites the general public and         Books or records relating to a collection                      copies of the regulations should be
                                                other Federal agencies to take this            of information must be retained as long                        directed to Martha R. Brinson, Internal
                                                opportunity to comment on information as their contents may become material                                   Revenue Service, Room 6526, 1111
                                                collections, as required by the                in the administration of any internal                          Constitution Avenue NW., Washington,
                                                Paperwork Reduction Act of 1995. The           revenue law. Generally, tax returns and                        DC 20224, or through the Internet at
                                                IRS is soliciting comments concerning          tax return information are confidential,                       Martha.R.Brinson@irs.gov.
                                                Form 637, Application for Registration         as required by 26 U.S.C. 6103.                                 SUPPLEMENTARY INFORMATION:
                                                (For Certain Excise Tax Activities).              Request For Comments: Comments                                 Title: Low-income Housing Credit for
                                                                                               submitted in response to this notice will                      Federally-assisted Buildings.
                                                DATES: Written comments should be
                                                                                               be summarized and/or included in the                              OMB Number: 1545–1005.
                                                received on or before December 4, 2017         request for OMB approval. All
                                                to be assured of consideration.                                                                                  Regulation Project Number: T.D. 8302.
                                                                                               comments will become a matter of                                  Abstract: The regulation provides
                                                ADDRESSES: Direct all written comments         public record. Comments are invited on:                        state and local housing credit agencies
                                                to L. Brimmer, Internal Revenue                (a) Whether the collection of                                  and owners of qualified low-income
                                                Service, Room 6526, 1111 Constitution          information is necessary for the proper                        buildings with guidance regarding
                                                Avenue NW., Washington, DC 20224.              performance of the functions of the                            compliance with the waiver
                                                Requests for additional information or         agency, including whether the                                  requirement of section 42(d)(6) of the
                                                copies of the form and instructions            information shall have practical utility;                      Internal Revenue Code. The regulation
                                                should be directed to Martha R. Brinson, (b) the accuracy of the agency’s estimate                            requires documentary evidence of
                                                Internal Revenue Service, Room 6526,           of the burden of the collection of                             financial distress leading to a potential
                                                1111 Constitution Avenue NW.,                  information; (c) ways to enhance the
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                                                                                                                                                              claim against a Federal mortgage
                                                Washington, DC 20224 or through the            quality, utility, and clarity of the                           insurance fund in order to get a written
                                                Internet at Martha.R.Brinson@irs.gov.          information to be collected; (d) ways to                       waiver from the IRS for the acquirer of
                                                SUPPLEMENTARY INFORMATION:                     minimize the burden of the collection of                       the qualified low-income building to
                                                   Title: Application for Registration (For information on respondents, including                             properly claim the low-income housing
                                                Certain Excise Tax Activities).                through the use of automated collection                        credit.
                                                   OMB Number: 1545–0014.                      techniques or other forms of information                          Current Actions: There is no change to
                                                   Form Number: Form 637.                      technology; and (e) estimates of capital                       this existing regulation.


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Document Created: 2018-10-25 09:53:34
Document Modified: 2018-10-25 09:53:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionReceipt of petition.
DatesThe closing date for comments on the petition is November 3, 2017.
FR Citation82 FR 46346 

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