Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Notices 9725 

Additionally, ‘‘BUSINESS 

CONFIDENTIAL’’ must be included in 

the ‘‘Type Comment’’ field. Filers of 

submissions containing business 

confidential information must also 

submit a public version of their 

comments indicating where confidential 

information has been redacted. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. The file name of the public 

version should begin with the character 

‘‘P.’’ The ‘‘BC’’ and ‘‘P’’ should be 

followed by the name of the person or 

entity submitting the comments or reply 

comments. Filers submitting comments 

containing no business confidential 

information should name their file using 

the character ‘‘P,’’ followed by the name 

of the person or entity submitting the 

comments. 

Please do not attach separate cover 

letters to electronic submissions; rather, 

include any information that might 

appear in a cover letter in the comments 

themselves. Similarly, to the extent 

possible, please include any exhibits, 

annexes, or other attachments in the 

same file as the submission itself, not as 

separate files. 

USTR strongly urges submitters to file 

comments through 

www.regulations.gov, if at all possible. 

Any alternative arrangements must be 

made with Kent Shigetomi in advance 

of transmitting a comment. Mr. 

Shigetomi should be contacted at (202) 

395–9459. General information 

concerning USTR is available at http:// 

www.ustr.gov. 

Inspection of Submissions: 

Submissions in response to this notice, 

except for information granted 

‘‘business confidential’’ status, will be 

available for public viewing at http:// 

www.regulations.gov. Such submissions 

may be viewed by entering the docket 

number USTR–2012–0002 in the search 

field at: http://www.regulations.gov. 

John M. Melle, 

Assistant U.S. Trade Representative for the 

Americas. 

[FR Doc. 2012–3717 Filed 2–16–12; 8:45 am] 

BILLING CODE 3190–W2–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Reports, Forms, and Recordkeeping 

Requirements 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), this notice 

announces that the Information 

Collection Request (ICR) abstracted 

regarding the passenger motor vehicle 

insurance companies and rental/leasing 

companies comply with 49 CFR Part 

544, Insurer Reporting Requirement, has 

been forwarded to the Office of 

Management and Budget (OMB) for 

review and comment. The ICR describes 

the nature of the information collections 

and their expected burden. The Federal 

Register Notice with a 60-day comment 

period was published on November 25, 

2011 (76 FR 72750). The agency 

received no comments. 

DATES: Comments must be submitted on 

or before March 19, 2012. 

ADDRESSES: Send comments, within 30 

days, to the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street NW., Washington, DC 20503, 

Attention NHTSA Desk Officer. 

Comments are invited on: Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Department, 

including whether the information will 

have practical utility; the accuracy of 

the Department’s estimate of the burden 

of the proposed information collection; 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

A comment to OMB is most effective 

if OMB receives it within 30 days of 

publication. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carlita Ballard at the National Highway 

Traffic Safety Administration, Office of 

International Policy, Fuel Economy and 

Consumer Programs (NVS–131), 1200 

New Jersey Ave., SE., West Building, 

Room W43–439, NVS–131, Washington, 

DC 20590. Ms. Ballard’s telephone 

number is (202) 366–0846. Please 

identify the relevant collection of 

information by referring to its OMB 

Control Number. 

SUPPLEMENTARY INFORMATION: 

National Highway Traffic Safety 

Administration 

Title: 49 CFR part 544; Insurer 

Reporting Requirement. 

OMB Control Number: 2127–0547. 

Type of Request: Request for public 

comment on a previously approved 

collection of information. 

Abstract: This information collection 

supports the Department’s strategic goal 

of Economic Growth and Trade. The 

Motor Vehicle Theft Law Enforcement 

Act of 1984, added Title VI to the Motor 

Vehicle and Information Cost Savings 

Act (recodified as Chapter 331 of Title 

49, United States Code) which 

mandated this information collection. 

The 1984 Theft Act was amended by the 

Anti Car Theft Act (ACTA) of 1992 (Pub. 

L. 102–519). NHTSA is authorized 

under 49 U.S.C. 33112, to collect this 

information. This information collection 

supports the agency’s economic growth 

and trade goal through rulemaking 

implementation developed to help 

reduce the cost of vehicle ownership by 

reducing the cost of comprehensive 

insurance coverage. 49 U.S.C. 33112 

requires certain passenger motor vehicle 

insurance companies and rental/leasing 

companies to provide information to 

NHTSA on comprehensive insurance 

premiums, theft and recoveries and 

actions taken to address motor vehicle 

theft. 

Affected Public: Business or other for 

profit. 

Estimated Total Annual Burden: 

Based on prior years’ insurer 

compilation information, the agency 

estimates that the time to review and 

compile information for the reports will 

take approximately a total of 19,625 

burden hours (17,500 man-hours for 25 

insurance companies and 2,125 manhours for 5 rental and leasing 

companies). Claim Adjusters incur 

separate burden hours from the number 

of insurers. Claim adjuster’s duties are 

those of normal business practice and 

do not assist in preparing or compiling 

information for the reports. There has 

been a decrease in the number of 

companies required to report since the 

last reporting period, also, some 

companies have merged into one entity 

or have been exempted from the 

reporting requirements since the last 

reporting period. The agency has reestimated the burden hours to be 19,625 

total annual hours requested in lieu of 

63,238 as the current OMB inventory. 

This is a decrease of 43,613 hours. Most 

recent year insurer compilation 

information estimates reveal that it takes 

an average cost of $47.00 per hour for 

clerical and technical staff to prepare 

the annual reports. Therefore, the 

agency estimates the total cost 

associated with the burden hours is 

$922,375. 

The burden hour for rental and 

leasing companies is significantly less 

than that for insurance companies 

because rental and leasing companies 

comply with fewer reporting 

requirements than the insurance 

companies. The reporting burden is 

mstockstill on DSK4VPTVN1PROD with NOTICES

9726 Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Notices 

1Utilimaster Corporation, a wholly owned 

subsidiary of Spartan Motors, Inc., is manufacturer 

of motor vehicles and is registered under the laws 

of Delaware. 

2Spartan Motors, Inc., is a manufacturer of motor 

vehicles and is registered under the laws of the state 

of Michigan. 

3Utilimaster’s petition, which was filed under 49 

CFR part 556, requests an agency decision to 

exempt Utilimaster as a vehicle manufacturer from 

the notification and recall responsibilities of 49 CFR 

part 573 for the 9,861 affected vehicles. However, 

a decision on this petition cannot relieve vehicle 

distributors and dealers of the prohibitions on the 

sale, offer for sale, introduction or delivery for 

introduction into interstate commerce of the 

noncompliant vehicles under their control after 

Utilimaster notified them that the subject 

noncompliance existed. 

based on insurers’ salaries, clerical and 

technical expenses, and labor costs. 

Comments are invited on: Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Department, 

including whether the information will 

have practical utility; the accuracy of 

the Department’s estimate of the burden 

of the proposed information collection; 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

A Comment to OMB is most effective 

if OMB receives it within 30 days of 

publication. 

Issued on: February 13, 2012. 

Christopher J. Bonanti, 

Associate Administrator for Rulemaking. 

[FR Doc. 2012–3760 Filed 2–16–12; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2012–0019; Notice 1] 

Utilimaster Corporation, Receipt of 

Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Receipt of Petition. 

SUMMARY: Utilimaster Corporation 

(Utilimaster) 1 has determined that 

certain model year 2009–2011 

Utilimaster walk-in van-type trucks 

manufactured between September 1, 

2009, and December 22, 2011, do not 

fully comply with paragraph S4.2.1 of 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 206, Door Locks and Door 

Retention Components. Utilimaster has 

filed an appropriate report dated 

December 30, 2011, pursuant to 49 CFR 

part 573, Defect and Noncompliance 

Responsibility and Reports. 

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

30120(h) (see implementing rule at 49 

CFR part 556), Spartan Motors, Inc.,2 on 

behalf of Utilimaster has submitted a 

petition for an exemption from the 

notification and remedy requirements of 

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

this noncompliance is inconsequential 

to motor vehicle safety. 

This notice of receipt of Utilimaster’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. 

Affected are approximately 9,861 

model year 2009–2011 Utilimaster walkin van-type trucks manufactured 

between September 1, 2009, and 

December 22, 2011. 

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, 

these provisions only apply to the 

subject 9,861 3 model year 2009–2011 

trucks that Utilimaster no longer 

controlled at the time it determined that 

the noncompliance existed. 

Utilimaster explains that the 

noncompliance is that while the sliding 

doors on the vehicles are equipped with 

a door latch system with a fully latched 

position, no door closure warning 

system, as required by paragraph S4.2.1 

of FMVSS No. 206, is installed. 

Paragraph S4.2.1 of FMVSS No. 206 

requires in pertinent part: 

S4.2 Sliding Side Doors. 

S4.2.1 Latch System. Each sliding door 

system shall be equipped with either: 

(a) At least one primary door latch system, 

or 

(b) A door latch system with a fully latched 

position and a door closure warning system. 

The door closure warning system shall be 

located where it can be clearly seen by the 

driver. Upon certification a manufacturer 

may not thereafter alter the designation of a 

primary latch. Each manufacturer shall, upon 

request from the National Highway Traffic 

Safety Administration, provide information 

regarding such designation * * * 

Summary of Utilimaster’s Analysis and 

Arguments 

The sliding door latch requirements 

contained in paragraph S4.2.1 of 

FMVSS No. 206 were adopted in 

February 2007 as part of a broader 

upgrade to the Agency’s existing door 

latch and retention requirements. The 

standard defines ‘‘Primary Door Latch’’ 

as ‘‘a latch equipped with both a fully 

latched position and a secondary 

latched position and is designated as a 

‘primary door latch’ by the 

manufacturer.’’ It defines ‘‘Door Closure 

Warning System’’ as ‘‘a system that will 

activate a visual signal when a door 

latch system is not in its fully latched 

position and the vehicle ignition is 

activated.’’ The effective date of these 

requirements was September 1, 2009. 

(The load test requirements of paragraph 

S4.2.2 of FMVSS No. 206 became 

effective September 1, 2010; the subject 

vehicles do comply with the load 

requirements.) 

As set forth in Utilimaster’s 

noncompliance report, Utilimaster 

determined that the new latch 

requirements applied to these vehicles, 

but were not designed into vehicles 

built after the effective date. (This 

omission was the result of Utilmaster’s 

previous misinterpretation as to the 

applicability of the FMVSS No. 206 

amendments to these particular 

vehicles.) 

Specifically, the sliding doors on the 

subject vehicles are equipped with a 

door latch that does not meet the abovereferenced definition of a ‘‘primary door 

latch,’’ because these vehicles lack a 

secondary latched position. Thus, these 

vehicles do not meet the paragraph 

S4.2.1(a) compliance option. Moreover, 

these vehicles are not equipped with a 

‘‘door closure warning system’’ and, 

therefore, they do not meet the 

paragraph S4.2.1(b) compliance option. 

In any event, we believe that the 

omission of a door closure warning 

system on these vehicles is 

inconsequential to safety. This is due to 

the particular characteristics of the 

sliding doors on these vehicles, which 

will immediately provide adequate 

visual (and audible) feedback to the 

driver to alert him or her in the event 

a door is unlatched. 

The door has approximately 0.315 

inches of engagement into the door seal. 

Therefore, should the sliding door not 

be in the latched position, it would be 

readily apparent to the driver before the 

vehicle is driven. 

Even if the driver did not notice the 

gap in the door prior to the vehicle 

being driven, these doors would provide 

immediate visual feedback to the driver 

as soon as the vehicle begins to move. 

The sliding doors, on these vehicles, are 

designed to slide longitudinally on a 

track when the sliding door handle is 

activated and a small force is applied in 

the same longitudinal direction. As a 

mstockstill on DSK4VPTVN1PROD with NOTICES