80110 Federal Register / Vol. 75, No. 244 / Tuesday, December 21, 2010 / Notices 

1Panda Power, LLC (Panda Power) is organized 

under the laws of the State of Arizona and is the 

importer of the subject nonconforming replacement 

equipment. Panda Power sold the nonconforming 

replacement equipment while doing business under 

the name Mobile HID. 

2Panda Power’s high-intensity lighting (HID kits 

each contained 2 lamps, 2 lamp ballasts and a 

wiring harness with relay and fuse). 

on weekdays from 10 am to 5 pm except 

Federal Holidays. 

c. Electronically: by logging onto the 

Federal Docket Management System 

(FDMS) Web site at http:// 

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

Comments may also be faxed to 1–202– 

493–2251. 

Comments must be written in the 

English language, and be no greater than 

15 pages in length, although there is no 

limit to the length of necessary 

attachments to the comments. If 

comments are submitted in hard copy 

form, please ensure that two copies are 

provided. If you wish to receive 

confirmation that your comments were 

received, please enclose a stamped, selfaddressed postcard with the comments. 

Note that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Documents submitted to a docket may 

be viewed by anyone at the address and 

times given above. The documents may 

also be viewed on the Internet at 

http://www.regulations.gov by following 

the online instructions for accessing the 

dockets. DOT’s complete Privacy Act 

Statement is available for review in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

Comment closing date: January 20, 

2011. 

Authority: (49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8) 

Issued on: December 15, 2010. 

Claude H. Harris, 

Acting Associate Administrator for 

Enforcement. 

[FR Doc. 2010–32013 Filed 12–20–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2010–0166; Notice 1] 

Panda Power LLC, Receipt of Petition 

for Decision of Inconsequential 

Noncompliance 

Panda Power LLC (Panda Power),1 has 

determined that High Intensity 

Discharge (HID) lighting kits 2 that it 

imported and sold during 2007, 2008 

and 2009 failed to meet the 

requirements of paragraph S7.7 of 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 108, Lamps, Reflective 

Devices, and Associated Equipment. 

Panda Power has filed an appropriate 

report pursuant to 49 CFR Part 573, 

Defect and Noncompliance 

Responsibility and Reports, dated 

February 10, 2010. 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) (see implementing rule at 49 

CFR part 556), Panda Power has 

petitioned for an exemption from the 

notification and remedy requirements of 

49 U.S.C. Chapter 301 on the basis that 

this noncompliance is inconsequential 

to motor vehicle safety. 

This notice of receipt of Panda 

Power’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. 

Panda Power estimates that 

approximately 1,851 headlamp kits that 

it sold during 2007, 2008 and 2009 are 

affected. All of the affected kits were 

manufactured by Guangzhou 

Kingwoodcar Company, LTD, 

Guangzhou City, China. 

Paragraph S7.7 of FMVSS No. 108 

requires: 

S7.7 Replaceable light sources. Each 

replaceable light source shall be designed to 

conform to the dimensions and electrical 

specifications furnished with respect to it 

pursuant to part 564 of this chapter, and shall 

conform to the following requirements: 

(a) If other than an HB Type, the light 

source shall be marked with the bulb 

marking designation specified for it in 

compliance with Appendix A or Appendix B 

of part 564 of this chapter. The base of each 

HB Type shall be marked with its HB Type 

designation. Each replaceable light source 

shall also be marked with the symbol DOT 

and with a name or trademark in accordance 

with paragraph S7.2. 

(b) The measurement of maximum power 

and luminous flux that is submitted in 

compliance with Appendix A or Appendix B 

of part 564 of this chapter shall be made in 

accordance with this paragraph. The filament 

or discharge arc shall be seasoned before 

measurement of either. Measurement shall be 

made with the direct current test voltage 

regulated within one quarter of one percent. 

The test voltage shall be 12.8v. The 

measurement of luminous flux shall be in 

accordance with the Illuminating 

Engineering Society of North America, LM– 

45, IES Approved Method for Electrical and 

Photometric Measurements of General 

Service Incandescent Filament Lamps (April 

1980); shall be made with the black cap 

installed on Type HB1, Type HB2, Type HB4, 

and Type HB5, and on any other replaceable 

light source so designed; and shall be made 

with the electrical conductor and light source 

base shrouded with an opaque white cover, 

except for the portion normally located 

within the interior of the lamp housing. The 

measurement of luminous flux for the Types 

HB3 and HB4 shall be made with the base 

covered with a white cover as shown in the 

drawings for Types HB3 and HB4 filed in 

Docket No. NHTSA 98–3397. (The white 

cover is used to eliminate the likelihood of 

incorrect lumen measurement that will occur 

should the reflectance of the light source base 

and electrical connector be low). 

(c) The capsule, lead wires and/or 

terminals, and seal on each Type HB1, Type 

HB3, Type HB4, and Type HB5 light source, 

and on any other replaceable light source 

which uses a seal, shall be installed in a 

pressure chamber as shown in Figure 25 so 

as to provide an airtight seal. The diameter 

of the aperture in Figure 25 on a replaceable 

light source (other than an HB Type) shall be 

that dimension furnished for such light 

source in compliance with Appendix A or 

Appendix B of part 564 of this chapter. An 

airtight seal exists when no air bubbles 

appear on the low pressure (connector) side 

after the light source has been immersed in 

water for one minute while inserted in a 

cylindrical aperture specified for the light 

source, and subjected to an air pressure of 

70kPa (10 P.S.I.G.) on the glass capsule side. 

(d) The measurement of maximum power 

and luminous flux that is submitted in 

compliance with section VII of Appendix A 

of part 564 of this chapter, or section IV of 

Appendix B of part 564 of this chapter, shall 

be made with the direct current test voltage 

regulated within one quarter of one percent. 

The test voltage shall be 12.8v. The 

measurement of luminous flux shall be in 

accordance with the Illuminating 

Engineering Society of North America, LM 

45; IES Approved Method for Electrical and 

Photometric Measurements of General 

Service Incandescent Filament Lamps (April 

1980). The filament of a replaceable light 

source shall be seasoned before such 

measurement. The white covers are used to 

eliminate the likelihood of incorrect lumens 

measurement that will occur should the 

reflectance of the light source base and 

electrical connector be low. 

(1) For a light source with a resistive 

element type filament, seasoning of the light 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 244 / Tuesday, December 21, 2010 / Notices 80111 

3Office Activity Number: OA–108–090606G. 

source shall be made in accordance with 

section 2.9 of SAE Standard J1383 APR85 

Performance Requirements for Motor Vehicle 

Headlamps. The measurement of luminous 

flux shall be made with the black cap 

installed on Type HB1, Type HB2, Type HB4, 

and Type HB5 light sources, and on any 

other replaceable light source so designed, 

and shall be made with the electrical 

conductor and light source base shrouded 

with an opaque white colored cover, except 

for the portion normally located within the 

interior of the lamp housing. The 

measurement of luminous flux for Type HB3 

and Type HB4 shall be made with the base 

covered with the white cover shown in the 

drawings for Types HB3 and HB4 filed in 

Docket No. NHTSA 98–3397. 

(2) For a light source using excited gas 

mixtures as a filament or discharge arc, 

seasoning of the light source system, 

including any ballast required for its 

operation, shall be made in accordance with 

section 4.0 of SAE Recommended Practice 

J2009 FEB93 Discharge Forward Lighting 

Systems. With the test voltage applied to the 

ballast input terminals, the measurement of 

luminous flux shall be made with the black 

cap installed, if so designed, and shall be 

made with an opaque white colored cover, 

except for the portion normally located 

within the interior of the lamp housing. 

(e) If a ballast is required for operation, 

each ballast shall bear the following 

permanent markings: 

(1) Name or logo of ballast manufacturer; 

(2) Ballast part number or unique 

identification; 

(3) Part number or other unique 

identification of the light source for which 

the ballast is designed; 

(4) Rated laboratory life of the light source/ 

ballast combination, if the information for the 

light source has been filed in Appendix B of 

part 564 of this chapter; 

(5) A warning that ballast output voltage 

presents the potential for severe electrical 

shock that could lead to permanent injury or 

death; 

(6) Ballast output power in watts and 

output voltage in rms volts AC or DC; and 

(7) The symbol ‘‘DOT’’. 

(f) For light sources that use excited gas 

mixtures as a filament or discharge arc, the 

‘‘rated laboratory life’’ shall be determined in 

accordance with sections 4.3 and 4.9 of SAE 

Recommended Practice J2009 FEB93 

Forward Discharge Lighting Systems. 

(g) After the force deflection test conducted 

in accordance with S9, the permanent 

deflection of the glass envelope shall not 

exceed 0.13 mm in the direction of the 

applied force. 

Panda Power did not describe the 

noncompliances in detail, instead it 

deferred to the agency’s concern that the 

subject HID headlamp kits may not 

comply with one or more of the 

regulations enforced by the agency. This 

concern was described as an apparent 

noncompliance in a letter sent to Panda 

Power dated September 2, 2009. The 

letter was sent to Panda Power as part 

of a National Highway Traffic Safety 

Administration (NHTSA) Office of 

Vehicle Safety Compliance Office 

Activity.3

In the petition Panda Power argues 

that the noncompliance is 

inconsequential to motor vehicle safety 

for the following reasons: (1) The kits 

were originally intended for sale to the 

agricultural community to be placed on 

tractors and combines, for off-road 

vehicles, and for exhibition purposes; 

(2) the HID bulbs that were sold with 

the kits in 2007 and 2008 are likely 

burned out by now and no longer 

functioning; and (3) Panda Power no 

longer sells the headlamp kits. 

Supported by the above stated 

reasons, Panda Power believes that the 

described FMVSS No. 108 

noncompliance is inconsequential to 

motor vehicle safety, and that its 

petition, to exempt it from providing 

recall notification of noncompliance as 

required by 49 U.S.C. 30118 and 

remedying the recall noncompliance as 

required by 49 U.S.C. 30120, should be 

granted. 

NHTSA notes that the statutory 

provisions (49 U.S.C. 30118(d) and 

30120(h)) that permit manufacturers to 

file petitions for a determination of 

inconsequentiality allow NHTSA to 

exempt manufacturers only from the 

duties found in sections 30118 and 

30120, respectively, to notify owners, 

purchasers, and dealers of a defect or 

noncompliance and to remedy the 

defect or noncompliance. 

Interested persons are invited to 

submit written data, views, and 

arguments on this petition. Comments 

must refer to the docket and notice 

number cited at the beginning of this 

notice and be submitted by any of the 

following methods: 

a. 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. 

b. By hand delivery 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 am to 5 pm except 

Federal holidays. 

c. Electronically: by logging onto the 

Federal Docket Management System 

(FDMS) Web site at http:// 

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

Comments may also be faxed to 1–202– 

493–2251. 

Comments must be written in the 

English language, and be no greater than 

15 pages in length, although there is no 

limit to the length of necessary 

attachments to the comments. If 

comments are submitted in hard copy 

form, please ensure that two copies are 

provided. If you wish to receive 

confirmation that your comments were 

received, please enclose a stamped, selfaddressed postcard with the comments. 

Note that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Documents submitted to a docket may 

be viewed by anyone at the address and 

times given above. The documents may 

also be viewed on the Internet at http:// 

www.regulations.gov by following the 

online instructions for accessing the 

dockets. DOT’s complete Privacy Act 

Statement is available for review in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

DATES: Comment closing date: January 

20, 2011. 

Authority: 49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8. 

Issued on: December 15, 2010. 

Claude H. Harris, 

Acting Associate Administrator for 

Enforcement. 

[FR Doc. 2010–32010 Filed 12–20–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

December 15, 2010. 

The Department of the Treasury is 

planning to submit the following public 

information collection requirement(s) to 

OMB for review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. Copies of the 

submission(s) may be obtained by 

calling the Treasury Bureau Clearance 

Officer listed. Comments regarding this 

information collection should be 

addressed to the OMB reviewer listed 

and to the Treasury Department 

Clearance Officer, Department of the 

Treasury, Room 11020, 1750 


srobinson on DSKHWCL6B1PROD with NOTICES