21152 Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Notices 

1OSRAM SYLVANIA Products Inc., is a 

manufacturer of motor vehicle replacement 

equipment and is registered under the laws of the 

state of Delaware. 

2OSRAM submitted an amended version of the 

report on January 6, 2012. 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD 2012 0045] 

Requested Administrative Waiver of 

the Coastwise Trade Laws: Vessel 

LOST SOUL; Invitation for Public 

Comments 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Notice. 

SUMMARY: As authorized by 46 U.S.C. 

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. 

DATES: Submit comments on or before 

May 9, 2012. 

ADDRESSES: Comments should refer to 

docket number MARAD–2012–0045. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

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

All comments will become part of this 

docket and will be available for 

inspection and copying at the above 

address between 10 a.m. and 5 p.m., 

E.T., Monday through Friday, except 

Federal holidays. An electronic version 

of this document and all documents 

entered into this docket is available on 

the World Wide Web at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Room W21–203, 

Washington, DC 20590. Telephone 202– 

366–5979, Email Joann.Spittle@dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel LOST SOUL is: 

Intended Commercial Use of Vessel: 

‘‘Pleasure charter.’’ 

Geographic Region: ‘‘California, 

Oregon, Washington.’’ 

The complete application is given in 

DOT docket MARAD–2012–0045 at 

http://www.regulations.gov. Interested 

parties may comment on the effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. If MARAD determines, in 

accordance with 46 U.S.C. 12121 and 

MARAD’s regulations at 46 CFR part 

388, that the issuance of the waiver will 

have an unduly adverse effect on a U.S.- 

vessel builder or a business that uses 

U.S.-flag vessels in that business, a 

waiver will not be granted. Comments 

should refer to the docket number of 

this notice and the vessel name in order 

for MARAD to properly consider the 

comments. Comments should also state 

the commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

By Order of the Maritime Administrator. 

Dated: April 3, 2012. 

Julie P. Agarwal, 

Secretary, Maritime Administration. 

[FR Doc. 2012–8457 Filed 4–6–12; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2012–0008; Notice 1] 

OSRAM SYLVANIA Products Inc., 

Receipt of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Receipt of Petition. 

SUMMARY: OSRAM SYLVANIA 

Products, Inc.1 (OSRAM) has 

determined that certain Type HB2 

replaceable light sources, manufactured 

between September 25, 2011, and 

October 8, 2011, do not fully comply 

with paragraph S7.7 of Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

108, Lamp, Reflective Devices, and 

Associated Equipment. OSRAM has 

filed an appropriate report dated 

November 23, 2011 2, 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), OSRAM 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 OSRAM’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. 

Equipment involved: Affected are 

approximately 40,544 Type HB2 

replaceable light sources that were 

manufactured by OSRAM Sylvania 

Products, Inc., between September 25, 

2011, and October 8, 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 Type HB2 replaceable light 

sources that OSRAM no longer 

controlled at the time it determined that 

the noncompliance existed. 

Noncompliance: OSRAM explains 

that the noncompliance is due to an 

error in the production facility. Certain 

Type HB2 replaceable light sources 

were produced with an incorrect upper 

beam filament wire which results in an 

upper beam luminous flux outside 

(below) the specifications as required in 

paragraph S7.7 of FMVSS No. 108. 

Rule text: Paragraph S7.7 of FMVSS 

No. 108 requires in pertinent part: 

S7.7 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:* * * 

Summary of OSRAM’s Analysis and 

Arguments: 

OSRAM stated its belief that although 

the subject Type HB2 replaceable light 

source may not meet the required 

luminous flux specifications the 

noncompliance is inconsequential to 

motor vehicle safety. OSRAM came to 

this conclusion based on the following 

results of testing that it conducted on a 

large sample of lamps using the subject 

noncompliant Type HB2 replaceable 

light sources: 


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