3384 Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Notices 

2See Gen. Motors, LLC; Grant of Petition for 

Decision of Inconsequential Noncompliance, 78 FR 

35355 (June 12, 2013) (finding noncompliance had 

no effect on occupant safety because it had no effect 

on the proper operation of the occupant 

classification system and the correct deployment of 

an air bag); Osram Sylvania Prods. Inc.; Grant of 

Petition for Decision of Inconsequential 

Noncompliance, 78 FR 46000 (July 30, 2013) 

(finding occupant using noncompliant light source 

would not be exposed to significantly greater risk 

than occupant using similar compliant light 

source). 

3 Morgan 3 Wheeler Limited; Denial of Petition for 

Decision of Inconsequential Noncompliance, 81 FR 

21663, 21666 (Apr. 12, 2016). 

4United States v. Gen. Motors Corp., 565 F.2d 

754, 759 (D.C. Cir. 1977) (finding defect poses an 

unreasonable risk when it ‘‘results in hazards as 

potentially dangerous as sudden engine fire, and 

where there is no dispute that at least some such 

hazards, in this case fires, can definitely be 

expected to occur in the future’’). 

upon NHTSA’s prior decisions on 

noncompliance issues is the safety risk 

to individuals who experience the type 

of event against which the recall would 

otherwise protect.2 NHTSA also does 

not consider the absence of complaints 

or injuries to show that the issue is 

inconsequential to safety. ‘‘Most 

importantly, the absence of a complaint 

does not mean there have not been any 

safety issues, nor does it mean that there 

will not be safety issues in the future.’’ 3

‘‘[T]he fact that in past reported cases 

good luck and swift reaction have 

prevented many serious injuries does 

not mean that good luck will continue 

to work.’’ 4

NHTSA considered the following 

factors in evaluating this petition: 

First, according to the data provided by 

Toyota, the noncompliant material has a 

mass that is insignificant when compared to 

the overall mass of the carpet assembly. The 

petitioner stated that the mass of the loop 

fastener constitutes approximately 0.037 

percent or less of the soft material portions 

of the carpet assembly. However, while 

Toyota argues that the noncompliant material 

would not significantly fuel a fire, should it 

become exposed, the relative measure, i.e., 

percentage, of a material characteristic, i.e., 

mass, surface area, thickness, etc. without 

consideration of other factors, e.g. the 

surrounding of the noncompliant material 

with complying materials, does not alone 

mean such a material would not significantly 

fuel a fire upon exposure to an ignition 

source. 

Second, the loop fastener material in the 

subject vehicles is covered by the carpet 

material which complies with FMVSS No. 

302, thus, the loop fastener material is 

protected from contact with an ignition 

source originating from the occupant space. 

Third, the data submitted by Toyota shows 

that, when tested as a single unit, the loop 

fasteners along with the carpet comply with 

FMVSS No. 302. 

Toyota also stated that NHTSA has 

granted previous petitions whose facts 

align with those at issue in the instant 

case. These include a Paccar petition (57 

FR 45868, October 5, 1992), a Fischer 

Price (60 FR 41152, August 11, 1995) 

petition, a Century petition, (60 FR 

41148, August 11, 1995), Kolcraft (63 FR 

24585, May 4, 1998), Cosco petition (60 

FR 41150, August 11, 1995) and a 

Toyota petition (80 FR 4035, January 26, 

2015) where the non-compliant material 

represented a small percentage of the 

interior fabric. As NHTSA states 

previously in this section, the relative 

measure, i.e., percentage, of a material 

characteristic, i.e., mass, surface area, 

thickness, etc. without consideration of 

other factors does not alone mean such 

a material would not significantly fuel 

a fire upon exposure to an ignition 

source. Toyota also offered a past grant 

where a combination of compliant and 

non-compliant fabric met FMVSS No. 

302 when tested as a single unit. 

(Kolcraft (63 FR 24585, May 4, 1998)). 

Finally, Toyota cited several grants 

where NHTSA determined that 

noncompliant fabric located where it 

would not encounter an ignition source 

was inconsequential to safety. These 

include two Cosco petitions, (63 FR 

30809, (June 5, 1998) and 60 FR 41150 

(August 11, 1995), two Toyota petitions 

(83 FR 16433, (April 16, 2018) and (80 

FR 4035, January 26, 2015)) and a Ford 

petition (63 FR 40780, (July 30, 1998)). 

As noted above, NHTSA evaluates each 

petition on its individual facts and does 

not consider itself to be bound by these 

earlier grants. Nonetheless, NHTSA has 

evaluated the subject petition and has 

made a determination in a similar 

fashion. 

VII. NHTSA’s Decision 

NHTSA finds that Toyota has met its 

burden of persuasion of demonstrating 

that the noncompliant small loop 

fasteners sewn into the carpet at issue 

in this case do not present a risk to 

safety. The noncompliant fabric present 

here must be separated from the carpet 

to be deemed noncompliant as the 

carpet and loop patch together meet the 

standard. The loop fasteners also 

constitute a small percentage of the 

fabric area and are located where they 

are not likely to encounter an ignition 

source. Accordingly, Toyota’s petition is 

hereby granted. Toyota is consequently 

exempted from the obligation of 

providing notification of, and a free 

remedy for, the 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 

vehicles that Toyota no longer 

controlled at the time it determined that 

the noncompliance existed. However, 

the granting of this petition does not 

relieve vehicle distributors and dealers 

of the prohibitions on the sale, offer for 

sale, or introduction or delivery for 

introduction into interstate commerce of 

the noncompliant vehicles under their 

control after Toyota 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) 

Otto G. Matheke, III, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2022–01132 Filed 1–20–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; Equal Employment 

Opportunity Complaint Forms 

AGENCY: Departmental Offices, U.S. 

Department of the Treasury. 

ACTION: Notice. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other federal agencies to comment on 

the proposed information collections 

listed below, in accordance with the 

Paperwork Reduction Act of 1995. 

DATES: Written comments must be 

received on or before March 22, 2022. 

ADDRESSES: Send comments regarding 

the burden estimate, or any other aspect 

of the information collection, including 

suggestions for reducing the burden, by 

the following method: 

• Federal E-rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Refer to Docket Number TREAS–DO– 

2022–0003 and the specific Office of 

Management and Budget (OMB) control 

number 1505–0262. 

FOR FURTHER INFORMATION CONTACT: For 

questions related to these programs, 

please contact Guizelous Molock by 

emailing pra@treasury.gov, or calling 

(202) 923–0498. Additionally, you can 

view the information collection requests 

at www.reginfo.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Equal Employment Opportunity 

Compliant Forms. 


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Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Notices 3385 

OMB Control Number: 1505–0262. 

Type of Review: Extension of a 

currently approved collection. 

Description: Title 29 of the United 

States Code of Federal Regulations 

(CFR) part 1614, directs agencies to 

maintain a continuing program to 

promote equal opportunity and to 

identify and eliminate discriminatory 

practices and policies. The Department 

of the Treasury (Department) is thus 

required to process complaints of 

employment discrimination from 

Department employees, former 

employees and applicants for jobs with 

the Department who claim 

discrimination based on their 

membership in a protected class, such 

as, race, color, religion, sex (including 

pregnancy, sexual orientation and 

gender identity), national origin, age 

(over 40), disability, genetic 

information, or retaliation for engaging 

in prior protected activity. Claims of 

discrimination based on parental status 

are processed as established by 

Executive Order 11478 (as amended by 

Executive Order 13152). Federal 

agencies must offer pre-complaint 

‘‘informal’’ counseling and/or 

Alternative Dispute Resolution (ADR) to 

these ‘‘aggrieved individuals’’ (the 

aggrieved), claiming discrimination by 

officials of the Department. If the 

complaint is not resolved during the 

informal process, agencies must issue a 

Notice of Right to File a Complaint of 

Discrimination form to the aggrieved. 

This information is being collected for 

the purpose of processing informal and 

formal complaints of employment 

discrimination against the Department 

on the bases of race, color, religion, sex 

(including pregnancy, sexual orientation 

and gender identity), national origin, 

age (over 40), disability, genetic 

information, parental status, or 

retaliation. Pursuant to 29 CFR 

1614.105, the aggrieved must participate 

in pre-complaint counseling to try to 

informally resolve his/her complaint 

prior to filing a complaint of 

discrimination. Information provided on 

the pre-complaint forms may be used by 

the aggrieved to assist in determining if 

she or he would like to file a formal 

complaint against the Department. The 

information captured on these forms 

will be reviewed by the staff of the 

Department’s Office of Civil Rights and 

Diversity to frame the claims for 

investigation and determine whether the 

claims are within the parameters 

established in 29 CFR part 1614. In 

addition, data from the complaint forms 

is collected and aggregated for the 

purpose of discerning whether any 

Department of the Treasury policies, 

practices or procedures may be 

curtailing the equal employment 

opportunities of any protected group. 

Forms: TD F 62–03.1, TD F 62–03.2, 

TD F 62–03.4, TD F 62–03.6, TD 62– 

03.7, TD 62–03.8, TD F 62–03.9, TD F 

62–03.10, TD F 62–03.11, TD F 63–03.5. 

Affected Public: Individuals and 

Households. 

Estimated Number of Respondents: 1 

to 20 respondents. 

Frequency of Response: On Occasion. 

Estimated Total Number of Annual 

Responses: 90. 

Estimated Time per Response: 3 

minutes to 1 hour. 

Estimated Total Annual Burden 

Hours: 47. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and included in the 

request for Office of Management and 

Budget approval. All comments will 

become a matter of public record. 

Comments are invited on: (a) Whether 

the collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information to be collected; (d) 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of technology; and (e) estimates of 

capital or start-up costs and costs of 

operation, maintenance, and purchase 

of services required to provide 

information. 

Authority: 44 U.S.C. 3501 et seq. 

Dated: January 14, 2022. 

Molly Stasko, 

Treasury PRA Clearance Officer. 

[FR Doc. 2022–01110 Filed 1–20–22; 8:45 am] 

BILLING CODE 4810–AK–P 

DEPARTMENT OF THE TREASURY 

Federal Financial Assistance 

Infrastructure Programs Subject to the 

Build America, Buy America 

Provisions of the Infrastructure 

Investment and Jobs Act 

AGENCY: Department of the Treasury. 

ACTION: Notice. 

SUMMARY: Pursuant to section 70913 of 

the Infrastructure Investment and Jobs 

Act, the Department of the Treasury has 

prepared the report provided below 

regarding its financial assistance 

programs that provide funding that may 

be used by recipients for infrastructure 

projects. 

FOR FURTHER INFORMATION CONTACT:

For further information about the 

programs administered by the Office of 

Recovery Programs, contact Brette 

Fishman, Director, Office of Grant 

Policy, Office of Recovery Programs, at 

OfficeOfRecoveryPrograms@

treasury.gov or (844) 529–9527. 

For further information about the 

RESTORE Act, Direct Component 

program administered by the Office of 

Gulf Coast Restoration, contact Maureen 

Klovers, Program Director, Office of Gulf 

Coast Restoration at maureen.klovers2@

treasury.gov or (844) 529–9527. 

SUPPLEMENTARY INFORMATION: 

Treasury’s Identification of Federal 

Financial Assistance Infrastructure 

Programs Subject to the Build America, 

Buy America Provisions of the 

Infrastructure Investment and Jobs Act 

1. Introduction 

On November 15, 2021, President 

Biden signed into law the Infrastructure 

Investment and Jobs Act (IIJA), which 

includes the ‘‘Build America, Buy 

America Act’’ (the Act). This Act 

ensures that Federal infrastructure 

programs require the use of materials 

produced in the United States, increases 

the requirement for American-made 

content, and strengthens the waiver 

process associated with Buy America 

provisions. 

The Act requires that within 60 days 

of its enactment, January 14, 2022, each 

agency must submit to the Office of 

Management and Budget (OMB) and 

Congress and publish in the Federal 

Register a report (‘‘60-day report’’) 

listing all Federal financial assistance 

programs for infrastructure 

administered by the agency. In these 60- 

day reports, agencies are required to 

identify and provide a list of which of 

these programs are ‘‘deficient,’’ as 

defined in the Act. 

In an effort to aid agencies towards 

compliance with Sections 70913 

(Identification of Deficient Programs) 

and 70914 (Application of Buy America 

Preference) of the IIJA, OMB issued 

memorandum M–22–08, ‘‘Identification 

of Federal Financial Assistance 

Infrastructure Programs Subject to the 

Build America, Buy America Provisions 

of the Infrastructure Investment and 

Jobs Act’’ on December 20, 2021. This 

memorandum provides criteria that 

assist agencies in identifying which 

programs constitute infrastructure 

programs and helps them determine if 

any of these programs are considered 

deficient as described in section 

70913(c) of the IIJA. 

OMB memorandum M–22–08 also 

informs agencies regarding items that 

are required to be contained in the 60- 


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