82_FR_49467 82 FR 49263 - Reflex & Allen USA, Incorporated, Grant of Petition for Decision of Inconsequential Noncompliance

82 FR 49263 - Reflex & Allen USA, Incorporated, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 204 (October 24, 2017)

Page Range49263-49265
FR Document2017-22993

Reflex & Allen USA, Incorporated (RAUS), has determined that certain Reflex & Allen air brake tubing products do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake Hoses. RAUS filed a noncompliance information report dated September 1, 2016, and amended it on September 13, 2016. RAUS also petitioned NHTSA on September 30, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 204 (Tuesday, October 24, 2017)
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Pages 49263-49265]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22993]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0108; Notice 2]


Reflex & Allen USA, Incorporated, Grant of Petition for Decision 
of Inconsequential Noncompliance

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

ACTION: Grant of petition.

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SUMMARY: Reflex & Allen USA, Incorporated (RAUS), has determined that 
certain Reflex & Allen air brake tubing products do not fully comply 
with Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake 
Hoses. RAUS filed a noncompliance information report dated September 1, 
2016, and amended it on September 13, 2016. RAUS also petitioned NHTSA 
on September 30, 2016, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety.

ADDRESSES: For further information regarding this decision please 
contact Leroy Angeles, Office of Vehicle Safety Compliance, the 
National Highway Traffic Safety Administration (NHTSA), telephone (202) 
366-5304, facsimile (202) 366-3081.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Reflex & Allen USA, Incorporated (RAUS), has 
determined that certain Reflex & Allen air brake tubing products do not 
fully comply with paragraph S7.2.1 of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 106, Brake Hoses. RAUS filed a report dated 
September 1, 2016, and amended it on September 13, 2016, pursuant to 49 
CFR part 573, Defect and Noncompliance Responsibility and Reports. RAUS 
also petitioned NHTSA

[[Page 49264]]

on September 30, 2016, 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.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on November 25, 2016, in the Federal Register 
(81 FR 85323). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: https://www.regulations.gov/. Then follow the 
online search instructions to locate docket number ``NHTSA-2016-0108.''
    II. Hoses Involved: Approximately 4,500 Reflex & Allen air brake 
hose products manufactured between October 16, 2015, and August 30, 
2016, are potentially involved.
    III. Noncompliance: RAUS explains that the noncompliance is that 
the subject brake hoses are labeled at intervals ranging from 6.5 
inches to 11.5 inches, thereby exceeding 6-inch maximum spacing 
required by paragraph S7.2.1 of FMVSS No. 106.
    IV. Rule Text: Paragraph S7.2.1 of FMVSS No. 106 states:

    S7.2.1 Hose. Each air brake hose shall be labeled, or cut from 
bulk hose that is labeled, at intervals of not more than 6 inches, 
measured from the end of one legend to the beginning of the next, in 
block capital letters and numerals at least one-eighth of an inch 
high, with the information listed in paragraphs (a) through (e) of 
this section. The information need not be present on hose that is 
sold as part of a brake hose assembly or a motor vehicle.

    V. Summary of RAUS's Petition: RAUS 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, RAUS submitted the following reasoning:
    (a) RAUS notified NHTSA in a 573 report in early September of 2016, 
of a potential noncompliance within a population of air brake tubing 
products. The report was subsequently amended to correct affected part 
numbers. As described in RAUS's noncompliance notification, the subject 
air brake tubing is labeled with the complete and correct identifying 
data, but due to a production error, the labeling appears at intervals 
that exceed the 6-inch maximum spacing required by the standard.
    (b) RAUS noted that all affected products are labeled in accordance 
with the requirements of FMVSS No. 106 S7.2.1 except for the print 
legend spacing.
    (c) These products are sold only to one Original Equipment 
Manufacturer (OEM), Volvo Trucks North America (VTNA), which then 
paints the complete chassis to include painting over the tubing. These 
products meet all applicable performance requirements of FMVSS No. 106. 
These products perform exactly as designed. The safety of the vehicle 
is uncompromised.
    (d) The noncompliant products were produced between October 16, 
2015 and August 30, 2016. VTNA first notified RAUS of the noncompliance 
on August 30, 2016. Immediately on that date, RAUS recalibrated the 
equipment to ensure compliance on all future tubing products and is 
conducting initial and secondary quality checks to guarantee compliance 
prior to shipment to VTNA. VTNA is the only customer that receives 
these products and is fully aware of the situation. RAUS fully believes 
that these labeling errors are inconsequential to motor vehicle safety 
because the tubing is properly identified with all required identifiers 
and meets the standards in every other way. The only noncompliance is 
the spacing in which the print legends exceed 6 inch intervals in 
various measurements ranging from 6.5 inches to 11.5 inches.
    (e) This noncompliance does not create an unreasonable risk of 
death or injury in an accident, nor does it create any operational 
issues or safety concerns regarding the vehicle. The Safety Act allows 
for exemptions for manufacturers from the Safety Act's notice and 
remedy requirements particularly when the noncompliance does not create 
an unreasonable risk of death or injury in an accident.
    (f) The subject brake tubing was marked correctly with all required 
identifiers yet the print legends fell beyond the maximum 6 inch 
intervals. This error is inconsequential to motor vehicle safety. One 
of the main purposes FMVSS No. 106, S7.2.1 is to identify the 
manufacturer of the brake tubing in the event of a product recall. If a 
recall of this air brake tubing were to become necessary in the future, 
the affected products could still be easily identified by the markings 
which are conspicuously printed on all of the tubing.
    (g) There are several examples of NHTSA granting petitions from the 
reporting and notification requirements based on determinations of 
inconsequential noncompliance for similar marking/labeling issues 
including the granting of the Grote Industries LLC petition on January 
23, 2015.
    RAUS 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.

NHTSA Decision

    NHTSA Analyses: NHTSA has reviewed and accepts RAUS's analysis that 
the subject noncompliance is inconsequential to motor vehicle safety. 
Specifically, the labeling interval of the brake hose ranging from 6.5 
inches to 11.5 inches poses little if any risk to motor vehicle safety 
given the fact that every product manufactured by RAUS is labeled with 
all information required by FMVSS No. 106.
    RAUS stated that the subject hoses are sold to only one vehicle 
manufacturer, Volvo Trucks North America (VTNA) and are marked with all 
the required identifiers. In addition, RAUS states that the subject 
hoses meet all FMVSS No. 106 requirements other than the labeling 
interval. As part of NHTSA's review of RAUS's petition, NHTSA contacted 
RAUS to verify that every hose produced is in fact labeled. RAUS 
responded that the subject hoses are manufactured in continuous lengths 
that are labeled. Then the subject bulk hose is shipped or transported 
from RAUS's facilities to VTNA on cardboard reels. RAUS stated that 
VTNA cuts individual hoses from the bulk hose and installs them onto 
vehicle chassis frames. The chassis frames and hoses are painted after 
the brake hoses are installed on the chassis.
    NHTSA evaluated if having the required labeling information in 
intervals of 6.5 to 11.5 inches was inconsequential to safety under 
these circumstances. NHTSA reiterates the need for brake hose labeling 
required by paragraph S7.2 of FMVSS No. 106 which can be summarized as: 
(a) The symbol DOT, constituting the manufacturer's certification that 
the hose conforms to all applicable FMVSS; (b) manufacturer's 
designation; (c) date of manufacture; (d) nominal inside hose diameter; 
and (e) hose type designation. In this situation, all required labeling 
was present on every item sold by RAUS to VTNA. The bulk hose was 
labeled at an interval that ranged from 6.5 to 11.5 inch. NHTSA agrees 
that the users of the bulk brake hose would have ready access to all 
required information during handling and processing of the bulk hose. 
Furthermore, NHTSA agrees with RAUS, that in the event of a recall, 
RAUS or VTNA would be able to easily identify the subject hoses by the 
required markings on the bulk hose

[[Page 49265]]

before the hose is cut or installed in vehicles.
    As part of its analysis, NHTSA also considered if the hoses need to 
be labeled after they are installed on vehicles. Paragraph S7.2.1 of 
FMVSS No. 106 states ``. . . The information need not be present on 
hose that is sold as part of a brake hose assembly or a motor 
vehicle.'' The vehicle manufacturer who installs the subject hoses into 
their vehicles, in this case VTNA, is required to certify the vehicles 
they manufacture meet all applicable Federal Motor Vehicle Safety 
Standards, including FMVSS No. 106. Therefore, VTNA, by cutting and 
installing the hose on its vehicles takes responsibility for the hose 
as part of the vehicle. Should there be an issue with the brake hoses 
installed on VTNA vehicles, VTNA would be responsible for identifying 
scope and conducting a recall of the vehicles.
    RAUS stated that on August 30, 2016, they recalibrated their 
equipment and implemented quality checks to ensure compliance of all 
future hoses delivered to VTNA.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that RAUS has met its burden of persuasion that the subject FMVSS No. 
106 noncompliance is inconsequential to motor vehicle safety. 
Accordingly, NHTSA hereby grants RAUS's petition and RAUS is 
consequently exempted from the obligation of providing notification of, 
and a free remedy for, that noncompliance under 49 U.S.C. 30118 and 
30120.
    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, this decision 
only applies to the subject hoses that RAUS no longer controlled at the 
time it determined that the noncompliance existed. However, the 
granting of 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 hoses under their control after RAUS 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. 2017-22993 Filed 10-23-17; 8:45 am]
BILLING CODE 4910-59-P



                                                                                 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices                                               49263

                                                    has also tentatively decided to require,                originally manufactured, comply with                  multipurpose passenger vehicles,
                                                    as a condition for import eligibility, that             FMVSS Nos. 138, 201, 206, 208, 213,                   trucks, and buses with a GVWR of less
                                                    Canadian-certified multipurpose                         and 214, and insofar as they are                      than 4,536 kg (10,000 lb) admissible
                                                    passenger vehicles, trucks, and buses                   applicable, with FMVSS Nos. 222, 225,                 under the final decision will be assigned
                                                    with a GVWR of 4,536 kg (10,000 lb) or                  and, 226; and                                         vehicle eligibility number VSA–81, and
                                                    less manufactured on or after September                    (d) All multipurpose passenger                     all multipurpose passenger vehicles,
                                                    1, 2017, and before September 1, 2022,                  vehicles, trucks, and buses with a                    trucks, and buses with a GVWR greater
                                                    comply, as originally manufactured,                     GVWR of 4,536 kg (10,000 lb) or less                  than 4,536 kg (10,000 lb) admissible
                                                    with FMVSS Nos. 138, 201, 206, 208,                     manufactured on or after May 1, 2018,                 under the final decision will be assigned
                                                    213, and 214, and insofar as they are                   and before September 1, 2022, that as                 vehicle eligibility number VSA–82.
                                                    applicable, with FMVSS No. 225, and                     originally manufactured, comply with
                                                                                                                                                                     Authority: 49 U.S.C. 30141(a)(1)(A),
                                                    the updated requirements of FMVSS                       FMVSS Nos. 111, 138, 201, 206, 208,                   (a)(1)(B), and (b)(1); 49 CFR 593.8; delegation
                                                    Nos. 111 and 226. Finally, NHTSA has                    213, and 214, and insofar as they are                 of authority at 49 CFR 1.95.
                                                    tentatively decided to require that                     applicable, with FMVSS Nos. 222, 225,
                                                    trucks and buses with a GVWR greater                    and 226; and                                          Jack Danielson,
                                                    than 4,536 kg (10,000 lb) manufactured                     (e) All multipurpose passenger                     Acting Deputy Administrator.
                                                    on or after August 1, 2019, that are                    vehicles, trucks, and buses with a                    [FR Doc. 2017–22693 Filed 10–23–17; 8:45 am]
                                                    subject to FMVSS No. 136 to comply, as                  GVWR greater than 4,536 kg (10,000 lb)                BILLING CODE 4910–59–P
                                                    originally manufactured, with that                      manufactured on or after August 1,
                                                    standard in order to be eligible to                     2019, and before September 1, 2022,
                                                    import. Effective dates for the updated                 that as originally manufactured, comply               DEPARTMENT OF TRANSPORTATION
                                                    or newly enacted standards are outlined                 with FMVSS No. 136 insofar as it is
                                                    below.                                                  applicable; that are certified by their               National Highway Traffic Safety
                                                                                                            original manufacturer as complying                    Administration
                                                    Future Cut-Off Date                                     with all applicable CMVSS, are eligible               [Docket No. NHTSA–2016–0108; Notice 2]
                                                       To avoid the need to amend any                       for importation into the United States
                                                    existing eligibility decisions in the event             on the basis that either:                             Reflex & Allen USA, Incorporated,
                                                    that there are any further requirements                    1. They are substantially similar to               Grant of Petition for Decision of
                                                    imposed under the FMVSS that are not                    vehicles of the same make, model, and                 Inconsequential Noncompliance
                                                    carried into the corresponding CMVSS,                   model year originally manufactured for
                                                    NHTSA has tentatively decided to limit                  importation into and sale in the United               AGENCY: National Highway Traffic
                                                    its import eligibility decisions for                    States, or originally manufactured in the             Safety Administration (NHTSA),
                                                    Canadian-certified motor vehicles to                    United States for sale therein, and                   Department of Transportation (DOT).
                                                    those manufactured before September 1,                  certified as complying with all                       ACTION: Grant of petition.
                                                    2022. Prior to that date, the agency will               applicable FMVSS, and are capable of
                                                                                                            being readily altered to conform to all               SUMMARY:   Reflex & Allen USA,
                                                    assess whether there is a need to                                                                             Incorporated (RAUS), has determined
                                                    condition the import eligibility of any                 applicable FMVSS, or
                                                                                                               2. They have safety features that                  that certain Reflex & Allen air brake
                                                    subsequently manufactured Canadian-                                                                           tubing products do not fully comply
                                                    certified vehicles on compliance with                   comply with, or are capable of being
                                                                                                            altered to comply with, all applicable                with Federal Motor Vehicle Safety
                                                    any additional FMVSS. The agency                                                                              Standard (FMVSS) No. 106, Brake
                                                    intends to issue new decisions covering                 FMVSS.
                                                                                                                                                                  Hoses. RAUS filed a noncompliance
                                                    vehicles manufactured on or after                       Vehicle Eligibility Number                            information report dated September 1,
                                                    September 1, 2022, within a sufficient                                                                        2016, and amended it on September 13,
                                                    period before that date is reached.                        In order to import a vehicle made
                                                                                                            admissible under any final decision, the              2016. RAUS also petitioned NHTSA on
                                                    Tentative Decision                                      importer must indicate to U.S. Customs                September 30, 2016, for a decision that
                                                      Pending its review of any comments                    and Border Protection that the vehicle                the subject noncompliance is
                                                    submitted in response to this notice,                   has been determined eligible for                      inconsequential as it relates to motor
                                                    NHTSA hereby tentatively decides                        importation. This is done by indicating               vehicle safety.
                                                    that—                                                   the eligibility number, published under               ADDRESSES: For further information
                                                      (a) All passenger cars manufactured                   that final decision, on the U.S.                      regarding this decision please contact
                                                    on or after September 1, 2017, and                      Department of Transportation                          Leroy Angeles, Office of Vehicle Safety
                                                    before May 1, 2018, that as originally                  declaration form HS–7. Vehicle                        Compliance, the National Highway
                                                    manufactured, comply with FMVSS                         Eligibility Number VSA–80 is currently                Traffic Safety Administration (NHTSA),
                                                    Nos. 138, 201, 206, 208, 213, 214, 225,                 assigned to Canadian-certified passenger              telephone (202) 366–5304, facsimile
                                                    and insofar as it is applicable with                    cars, Vehicle Eligibility Number VSA–                 (202) 366–3081.
                                                    FMVSS No. 226; and                                      81 is currently assigned to Canadian-                 SUPPLEMENTARY INFORMATION:
                                                      (b) All passenger cars manufactured                   certified multipurpose passenger                         I. Overview: Reflex & Allen USA,
                                                    on or after May 1, 2018, and before                     vehicles, trucks, and buses with a                    Incorporated (RAUS), has determined
                                                    September 1, 2022, that as originally                   GVWR of 4,536 kg (10,000 lb) or less,                 that certain Reflex & Allen air brake
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    manufactured, comply with FMVSS                         and Vehicle Eligibility Number VSA–82                 tubing products do not fully comply
                                                    Nos. 111, 138, 201, 206, 208, 213, 214,                 is currently assigned to Canadian-                    with paragraph S7.2.1 of Federal Motor
                                                    225, and insofar as it is applicable, with              certified multipurpose passenger                      Vehicle Safety Standard (FMVSS) No.
                                                    FMVSS No. 226; and                                      vehicles, trucks, and buses with a                    106, Brake Hoses. RAUS filed a report
                                                      (c) All multipurpose passenger                        GVWR greater than 4,536 kg (10,000 lb).               dated September 1, 2016, and amended
                                                    vehicles, trucks, and buses with a                      If this tentative decision is made final,             it on September 13, 2016, pursuant to 49
                                                    GVWR of 4,536 kg (10,000 lb) or less                    all passenger cars admissible under the               CFR part 573, Defect and
                                                    manufactured on or after September 1,                   final decision will be assigned vehicle               Noncompliance Responsibility and
                                                    2017, and before May 1, 2018, that as                   eligibility number VSA–80, all                        Reports. RAUS also petitioned NHTSA


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                                                    49264                        Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices

                                                    on September 30, 2016, pursuant to 49                      (c) These products are sold only to                inconsequential as it relates to motor
                                                    U.S.C. 30118(d) and 30120(h) and 49                     one Original Equipment Manufacturer                   vehicle safety, and that its petition to be
                                                    CFR part 556, for an exemption from the                 (OEM), Volvo Trucks North America                     exempted from providing notification of
                                                    notification and remedy requirements of                 (VTNA), which then paints the                         the noncompliance, as required by 49
                                                    49 U.S.C. Chapter 301 on the basis that                 complete chassis to include painting                  U.S.C. 30118, and a remedy for the
                                                    this noncompliance is inconsequential                   over the tubing. These products meet all              noncompliance, as required by 49
                                                    as it relates to motor vehicle safety.                  applicable performance requirements of                U.S.C. 30120, should be granted.
                                                       Notice of receipt of the petition was                FMVSS No. 106. These products
                                                                                                                                                                  NHTSA Decision
                                                    published, with a 30-day public                         perform exactly as designed. The safety
                                                    comment period, on November 25,                         of the vehicle is uncompromised.                         NHTSA Analyses: NHTSA has
                                                    2016, in the Federal Register (81 FR                       (d) The noncompliant products were                 reviewed and accepts RAUS’s analysis
                                                    85323). No comments were received. To                   produced between October 16, 2015 and                 that the subject noncompliance is
                                                    view the petition and all supporting                    August 30, 2016. VTNA first notified                  inconsequential to motor vehicle safety.
                                                    documents log onto the Federal Docket                   RAUS of the noncompliance on August                   Specifically, the labeling interval of the
                                                    Management System (FDMS) Web site                       30, 2016. Immediately on that date,                   brake hose ranging from 6.5 inches to
                                                    at: https://www.regulations.gov/. Then                  RAUS recalibrated the equipment to                    11.5 inches poses little if any risk to
                                                    follow the online search instructions to                ensure compliance on all future tubing                motor vehicle safety given the fact that
                                                    locate docket number ‘‘NHTSA–2016–                      products and is conducting initial and                every product manufactured by RAUS is
                                                    0108.’’                                                 secondary quality checks to guarantee                 labeled with all information required by
                                                       II. Hoses Involved: Approximately                    compliance prior to shipment to VTNA.                 FMVSS No. 106.
                                                    4,500 Reflex & Allen air brake hose                     VTNA is the only customer that receives                  RAUS stated that the subject hoses are
                                                    products manufactured between                           these products and is fully aware of the              sold to only one vehicle manufacturer,
                                                    October 16, 2015, and August 30, 2016,                  situation. RAUS fully believes that these             Volvo Trucks North America (VTNA)
                                                    are potentially involved.                               labeling errors are inconsequential to                and are marked with all the required
                                                       III. Noncompliance: RAUS explains                    motor vehicle safety because the tubing               identifiers. In addition, RAUS states that
                                                    that the noncompliance is that the                      is properly identified with all required              the subject hoses meet all FMVSS No.
                                                    subject brake hoses are labeled at                      identifiers and meets the standards in                106 requirements other than the labeling
                                                    intervals ranging from 6.5 inches to 11.5               every other way. The only                             interval. As part of NHTSA’s review of
                                                    inches, thereby exceeding 6-inch                        noncompliance is the spacing in which                 RAUS’s petition, NHTSA contacted
                                                    maximum spacing required by                             the print legends exceed 6 inch intervals             RAUS to verify that every hose
                                                    paragraph S7.2.1 of FMVSS No. 106.                      in various measurements ranging from                  produced is in fact labeled. RAUS
                                                       IV. Rule Text: Paragraph S7.2.1 of                   6.5 inches to 11.5 inches.                            responded that the subject hoses are
                                                    FMVSS No. 106 states:                                      (e) This noncompliance does not                    manufactured in continuous lengths
                                                                                                            create an unreasonable risk of death or               that are labeled. Then the subject bulk
                                                       S7.2.1 Hose. Each air brake hose shall be                                                                  hose is shipped or transported from
                                                    labeled, or cut from bulk hose that is labeled,
                                                                                                            injury in an accident, nor does it create
                                                    at intervals of not more than 6 inches,                 any operational issues or safety                      RAUS’s facilities to VTNA on cardboard
                                                    measured from the end of one legend to the              concerns regarding the vehicle. The                   reels. RAUS stated that VTNA cuts
                                                    beginning of the next, in block capital letters         Safety Act allows for exemptions for                  individual hoses from the bulk hose and
                                                    and numerals at least one-eighth of an inch             manufacturers from the Safety Act’s                   installs them onto vehicle chassis
                                                    high, with the information listed in                    notice and remedy requirements                        frames. The chassis frames and hoses
                                                    paragraphs (a) through (e) of this section. The         particularly when the noncompliance                   are painted after the brake hoses are
                                                    information need not be present on hose that            does not create an unreasonable risk of               installed on the chassis.
                                                    is sold as part of a brake hose assembly or             death or injury in an accident.                          NHTSA evaluated if having the
                                                    a motor vehicle.                                           (f) The subject brake tubing was                   required labeling information in
                                                       V. Summary of RAUS’s Petition:                       marked correctly with all required                    intervals of 6.5 to 11.5 inches was
                                                    RAUS described the subject                              identifiers yet the print legends fell                inconsequential to safety under these
                                                    noncompliance and stated its belief that                beyond the maximum 6 inch intervals.                  circumstances. NHTSA reiterates the
                                                    the noncompliance is inconsequential                    This error is inconsequential to motor                need for brake hose labeling required by
                                                    as it relates to motor vehicle safety.                  vehicle safety. One of the main purposes              paragraph S7.2 of FMVSS No. 106
                                                       In support of its petition, RAUS                     FMVSS No. 106, S7.2.1 is to identify the              which can be summarized as: (a) The
                                                    submitted the following reasoning:                      manufacturer of the brake tubing in the               symbol DOT, constituting the
                                                       (a) RAUS notified NHTSA in a 573                     event of a product recall. If a recall of             manufacturer’s certification that the
                                                    report in early September of 2016, of a                 this air brake tubing were to become                  hose conforms to all applicable FMVSS;
                                                    potential noncompliance within a                        necessary in the future, the affected                 (b) manufacturer’s designation; (c) date
                                                    population of air brake tubing products.                products could still be easily identified             of manufacture; (d) nominal inside hose
                                                    The report was subsequently amended                     by the markings which are                             diameter; and (e) hose type designation.
                                                    to correct affected part numbers. As                    conspicuously printed on all of the                   In this situation, all required labeling
                                                    described in RAUS’s noncompliance                       tubing.                                               was present on every item sold by
                                                    notification, the subject air brake tubing                 (g) There are several examples of                  RAUS to VTNA. The bulk hose was
                                                    is labeled with the complete and correct                NHTSA granting petitions from the                     labeled at an interval that ranged from
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    identifying data, but due to a production               reporting and notification requirements               6.5 to 11.5 inch. NHTSA agrees that the
                                                    error, the labeling appears at intervals                based on determinations of                            users of the bulk brake hose would have
                                                    that exceed the 6-inch maximum                          inconsequential noncompliance for                     ready access to all required information
                                                    spacing required by the standard.                       similar marking/labeling issues                       during handling and processing of the
                                                       (b) RAUS noted that all affected                     including the granting of the Grote                   bulk hose. Furthermore, NHTSA agrees
                                                    products are labeled in accordance with                 Industries LLC petition on January 23,                with RAUS, that in the event of a recall,
                                                    the requirements of FMVSS No. 106                       2015.                                                 RAUS or VTNA would be able to easily
                                                    S7.2.1 except for the print legend                         RAUS concluded by expressing the                   identify the subject hoses by the
                                                    spacing.                                                belief that the subject noncompliance is              required markings on the bulk hose


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                                                                                 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices                                          49265

                                                    before the hose is cut or installed in                    Authority: (49 U.S.C. 30118, 30120:                 information for each individual for
                                                    vehicles.                                               delegations of authority at 49 CFR 1.95 and           whom minimum essential coverage is
                                                                                                            501.8).                                               provided. Form 1094–B, serves as a
                                                       As part of its analysis, NHTSA also
                                                    considered if the hoses need to be                      Jeffrey M. Giuseppe,                                  transmittal for Form 1095–B, Health
                                                    labeled after they are installed on                     Director, Office of Vehicle Safety Compliance.        Coverage.
                                                                                                                                                                     Current Actions: There is no change to
                                                    vehicles. Paragraph S7.2.1 of FMVSS                     [FR Doc. 2017–22993 Filed 10–23–17; 8:45 am]
                                                                                                                                                                  this existing regulation. However, the
                                                    No. 106 states ‘‘. . . The information                  BILLING CODE 4910–59–P
                                                                                                                                                                  agency has updated the number of
                                                    need not be present on hose that is sold
                                                                                                                                                                  respondents to reflect the most recent
                                                    as part of a brake hose assembly or a                                                                         data available.
                                                    motor vehicle.’’ The vehicle                            DEPARTMENT OF THE TREASURY                               Type of Review: Revision of a
                                                    manufacturer who installs the subject                                                                         currently approved collection.
                                                    hoses into their vehicles, in this case                 Internal Revenue Service
                                                                                                                                                                     Affected Public: Business or other for-
                                                    VTNA, is required to certify the vehicles               Proposed Collection; Comment                          profit organizations, not-for-profit
                                                    they manufacture meet all applicable                    Request for REG–132455–11 Reporting                   institutions, farms, and state, local, or
                                                    Federal Motor Vehicle Safety Standards,                 of Minimum Essential Coverage (TD                     tribal governments.
                                                    including FMVSS No. 106. Therefore,                     9660–Final)                                              1094–B:
                                                    VTNA, by cutting and installing the                                                                              Estimated Number of Respondents:
                                                    hose on its vehicles takes responsibility               AGENCY:  Internal Revenue Service (IRS),              30,000.
                                                    for the hose as part of the vehicle.                    Treasury.                                                Estimated Time per Respondent: 10
                                                    Should there be an issue with the brake                 ACTION: Notice of information collection;             minutes.
                                                    hoses installed on VTNA vehicles,                       request for comments.                                    Estimated Total Annual Burden
                                                    VTNA would be responsible for                                                                                 Hours: 5,000.
                                                                                                            SUMMARY:    The Internal Revenue Service
                                                    identifying scope and conducting a                                                                               1095–B:
                                                                                                            (IRS), as part of its continuing effort to
                                                    recall of the vehicles.                                                                                          Estimated Number of Respondents:
                                                                                                            reduce paperwork and respondent
                                                       RAUS stated that on August 30, 2016,                                                                       125,000,000.
                                                                                                            burden, invites the general public and
                                                    they recalibrated their equipment and                                                                            Estimated Time per Respondent: 1
                                                                                                            other Federal agencies to take this
                                                    implemented quality checks to ensure                                                                          minute.
                                                                                                            opportunity to comment on continuing
                                                                                                                                                                     Estimated Total Annual Burden
                                                    compliance of all future hoses delivered                information collections, as required by
                                                                                                                                                                  Hours: 2,083,333.
                                                    to VTNA.                                                the Paperwork Reduction Act of 1995.
                                                                                                                                                                     The following paragraph applies to all
                                                       NHTSA’s Decision: In consideration                   The IRS is soliciting comments
                                                                                                                                                                  of the collections of information covered
                                                    of the foregoing, NHTSA finds that                      concerning Form 1094–B, Transmittal of
                                                                                                                                                                  by this notice:
                                                    RAUS has met its burden of persuasion                   Health Coverage Information Returns
                                                                                                                                                                     An agency may not conduct or
                                                                                                            and Form 1095–B, Health Coverage.
                                                    that the subject FMVSS No. 106                                                                                sponsor, and a person is not required to
                                                    noncompliance is inconsequential to                     DATES: Written comments should be
                                                                                                                                                                  respond to, a collection of information
                                                    motor vehicle safety. Accordingly,                      received on or before December 26, 2017               unless the collection of information
                                                    NHTSA hereby grants RAUS’s petition                     to be assured of consideration.                       displays a valid OMB control number.
                                                    and RAUS is consequently exempted                       ADDRESSES: Direct all written comments                   Books or records relating to a
                                                    from the obligation of providing                        to L. Brimmer, Internal Revenue                       collection of information must be
                                                    notification of, and a free remedy for,                 Service, Room 6526, 1111 Constitution                 retained as long as their contents may
                                                    that noncompliance under 49 U.S.C.                      Avenue NW., Washington, DC 20224.                     become material in the administration
                                                    30118 and 30120.                                        FOR FURTHER INFORMATION CONTACT:                      of any internal revenue law. Generally,
                                                                                                            Requests for additional information or                tax returns and tax return information
                                                       NHTSA notes that the statutory                       copies of the regulation should be                    are confidential, as required by 26
                                                    provisions (49 U.S.C. 30118(d) and                      directed to Taquesha Cain, at (202) 317–              U.S.C. 6103.
                                                    30120(h)) that permit manufacturers to                  8979, Room 6526, 1111 Constitution                       Request for Comments: Comments
                                                    file petitions for a determination of                   Avenue NW., Washington, DC 20224, or                  submitted in response to this notice will
                                                    inconsequentiality allow NHTSA to                       through the internet at                               be summarized and/or included in the
                                                    exempt manufacturers only from the                      Taquesha.R.Cain@irs.gov.                              request for OMB approval. All
                                                    duties found in sections 30118 and                      SUPPLEMENTARY INFORMATION:                            comments will become a matter of
                                                    30120, respectively, to notify owners,                     Title: Transmittal of Health Coverage              public record. Comments are invited on:
                                                    purchasers, and dealers of a defect or                  Information Returns and Health                        (a) Whether the collection of
                                                    noncompliance and to remedy the                         Coverage.                                             information is necessary for the proper
                                                    defect or noncompliance. Therefore, this                   OMB Number: 1545–2252.                             performance of the functions of the
                                                    decision only applies to the subject                       Form Number: 1094–B and 1095–B.                    agency, including whether the
                                                    hoses that RAUS no longer controlled at                    Abstract: The Form 1094–B and Form                 information shall have practical utility;
                                                    the time it determined that the                         1095–B under the authority of IRC                     (b) the accuracy of the agency’s estimate
                                                    noncompliance existed. However, the                     section 6055, added by Public Law 111–                of the burden of the collection of
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    granting of this petition does not relieve              148, Patient Protection and Affordable                information; (c) ways to enhance the
                                                    equipment distributors and dealers of                   Care Act (ACA), section 1502(a). Section              quality, utility, and clarity of the
                                                    the prohibitions on the sale, offer for                 6055(a) requires every health insurance               information to be collected; (d) ways to
                                                    sale, or introduction or delivery for                   issuer, sponsor of a self-insured health              minimize the burden of the collection of
                                                    introduction into interstate commerce of                plan, government agency that                          information on respondents, including
                                                    the noncompliant hoses under their                      administers government-sponsored                      through the use of automated collection
                                                    control after RAUS notified them that                   health insurance programs and other                   techniques or other forms of information
                                                                                                            entity that provides minimum essential                technology; and (e) estimates of capital
                                                    the subject noncompliance existed.
                                                                                                            coverage to file annual returns reporting             or start-up costs and costs of operation,


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Document Created: 2018-10-25 10:09:25
Document Modified: 2018-10-25 10:09:25
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
ActionGrant of petition.
FR Citation82 FR 49263 

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