12546 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices 

b. Performance Reporting 

Award recipients will also collect 

information and report on a project’s 

observed performance with respect to 

the relevant long-term outcomes that are 

expected to be achieved through the 

project. Performance indicators will not 

include formal goals or targets, but will 

include observed measures under 

baseline (pre-project) as well as postimplementation outcomes for an agreedupon timeline, and will be used to 

evaluate and compare projects and 

monitor the results that grant funds 

achieve to the intended long-term 

outcomes of the AMHP. Performance 

reporting continues for several years 

after the project is completed, and 

MARAD does not provide Marine 

Highway Grant funding specifically for 

performance reporting. 

c. Reporting of Matters Related to 

Recipient Integrity and Performance 

If the total value of a selected 

applicant’s currently active grants, 

cooperative agreements, and 

procurement contracts from all Federal 

awarding agencies exceeds $10,000,000 

for any period of time during the period 

of performance of this Federal award, 

then the applicant during that period of 

time must maintain the currency of 

information reported to the SAM that is 

made available in the designated 

integrity and performance system 

(currently FAPIIS) about civil, criminal, 

or administrative proceedings described 

in paragraph 2 of 2 CFR Appendix XII 

to Part 200. This is a statutory 

requirement under Section 872 of Public 

Law 110–417, as amended (41 U.S.C. 

2313). As required by Section 3010 of 

Public Law 111–212, all information 

posted in the designated integrity and 

performance system on or after April 15, 

2011, except past performance reviews 

required for Federal procurement 

contracts, will be publicly available. 

G. Federal Awarding Agency Contacts 

To ensure applicants receive accurate 

information about eligibility, the 

program, or in response to other 

questions, applicants are encouraged to 

contact MARAD directly, rather than 

through intermediaries or third parties. 

Please see contact information in the 

FOR FURTHER INFORMATION CONTACT

section above. 

* * * * * 

By Order of the Acting Maritime 

Administrator. 

T. Mitchell Hudson, Jr., 

Secretary, Maritime Administration. 

[FR Doc. 2022–04599 Filed 3–3–22; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2019–0063; Notice 2] 

General Motors, LLC, Denial of Petition 

for Decision of Inconsequential 

Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Denial of petition. 

SUMMARY: General Motors, LLC, (GM) 

has determined that certain model year 

(MY) 2010–2017 GMC Terrain motor 

vehicles do not fully comply with 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 108, Lamps, Reflective 

Devices, and Associated Equipment. GM 

filed a noncompliance report dated May 

15, 2019. GM subsequently petitioned 

NHTSA on June 7, 2019, for a decision 

that the subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety. This document 

announces the denial of GM’s petition. 

FOR FURTHER INFORMATION CONTACT: 

Leroy Angeles, Office of Vehicle Safety 

Compliance, the National Highway 

Traffic Safety Administration (NHTSA), 

telephone (202) 366–5304, 

leroy.angeles@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

GM has determined that certain MY 

2010–2017 GMC Terrain motor vehicles 

do not fully comply with paragraph 

S10.15.6 and Table XIX of FMVSS No. 

108, Lamps, Reflective Devices, and 

Associated Equipment (49 CFR 

571.108). GM filed a noncompliance 

report dated May 15, 2019, pursuant to 

49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. GM subsequently petitioned 

NHTSA on June 7, 2019, 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, pursuant 

to 49 U.S.C. 30118(d) and 30120(h) and 

49 CFR part 556, Exemption for 

Inconsequential Defect or 

Noncompliance. 

Notice of receipt of GM’s petition was 

published with a 30-day public 

comment period, on February 12, 2020, 

in the Federal Register (85 FR 8095). No 

comments were received. To view the 

petition and all supporting documents 

log onto the Federal Docket 

Management System (FDMS) website at 

https://www.regulations.gov/. Then 

follow the online search instructions to 

locate docket number ‘‘NHTSA–2019– 

0063.’’ 

II. Equipment and Vehicles Involved 

Approximately 726,959 MY 2010– 

2017 GMC Terrain motor vehicles 

manufactured between May 21, 2009, 

and July 13, 2017, are potentially 

involved. 

III. Noncompliance 

GM explains that the noncompliance 

is that the subject vehicles are equipped 

with lower beam headlamps that do not 

meet the photometry requirements of 

paragraph S10.15.6 and Table XIX of 

FMVSS No. 108. Specifically, a 

reflection from the headlamps’ housing 

is directed 80 degrees outboard and 45 

degrees upward, as measured from each 

lamp’s optical axis, which illuminates 

two small areas high above the vehicle. 

When tested by GM, this reflection from 

a single point on each lamp measured 

approximately 450–470 candela (cd). 

This is more than three times brighter 

than the designated maximum of 125 cd 

at test points 10°U to 90°U, as stated in 

Table XIX–a. 

IV. Rule Requirements 

Paragraph S10.15.6 and Table XIX of 

FMVSS No. 108 include the 

requirements relevant to this petition. 

Each replaceable bulb headlamp must 

be designed to conform to the 

photometry requirements of Table XVIII 

for upper beam and Table XIX for lower 

beam as specified in Table II–d for the 

specific headlamp unit and aiming 

method when tested according to the 

procedure of paragraph S14.2.5 using 

any replaceable light source designated 

for use in the system under test. 

V. Summary of GM’s Petition 

The following views and arguments 

presented in this section, ‘‘V. Summary 

of GM’s Petition,’’ are the views and 

arguments provided by GM and do not 

reflect the views of the Agency. GM 

described the subject noncompliance 

and contends that the noncompliance is 

inconsequential as it relates to motor 

vehicle safety. 

In support of its petition, GM 

submitted the following reasoning: 

1. The noncompliance caused by this 

reflection has no effect on vehicle safety for 

oncoming or surrounding vehicles. The 

narrow reflection in question does not create 

a safety risk for oncoming or surrounding 

drivers, due to the extreme angle of the 

reflection. This angle, 80 degrees outboard 

and 45 degrees upward from each lamp’s 

optical axis, is far above the range where the 

reflection could cause glare for oncoming or 

surrounding drivers, including the industryrecognized ‘‘glare points’’ referenced in Table 

XIX of FMVSS No. 108 at the following 


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Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices 12547 

1Cf. Gen. Motors Corporation; Ruling on Petition 

for Determination of Inconsequential 

Noncompliance, 69 FR 19897, 19899 (Apr. 14, 

2004) (citing prior cases where noncompliance was 

expected to be imperceptible, or nearly so, to 

vehicle occupants or approaching drivers). 

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’’). 

ranges: 0.5°U–1.5°L to L, 1°U–1.5°L to L, 

0.5°U–1°R to R, 1.5°U–°R to R. 

2. The noncompliance caused by this 

reflection has no effect on vehicle safety for 

drivers of the subject vehicles. The areas 

illuminated by the narrow reflections in 

question are not visible to drivers of the 

subject vehicles. These two small areas 

appear high above the vehicle, one to the far 

left and the other to the far right of the 

vehicle, well outside of the driver’s view. 

GM says, while these reflections may be 

somewhat perceptible in certain extremely 

dense fog or snow conditions, there would be 

no effect on vehicle safety due to the small 

size and far outboard location in the driver’s 

peripheral field of view. GM claims that any 

detectable light due to such reflection would 

be negligible compared to other outside 

sources of illumination such as glare from 

oncoming traffic or fog glare forward of the 

vehicle. 

3. GM is aware of only a single customer 

inquiry associated with this condition and is 

not aware of any crashes or injuries. GM 

reviewed all relevant field data and found 

just a single customer inquiry within the US 

and Canadian vehicle population of nearly 

820,000 vehicles sold, 726,595 of which were 

sold in the US and 92,747 were sold in 

Canada, over eight model years. The 

customer stated, ‘‘Left head lamp seems to 

have a portion of the light that shines up in 

the trees at near a 45-degree angle.’’ GM 

identified no other related field reports, 

including in warranty, Transportation Recall 

Enhancement, Accountability and 

Documentation (TREAD), Vehicle Owner 

Questionnaire (VOQ), and legal data. 

4. GM claims that the headlamps comply 

with recognized industry standards. GM cited 

S6.1.1 of the SAE International Standard 

J1383, Performance Requirements for Motor 

Vehicle Headlamps (May 26, 2010), which 

sets forth certain industry-recognized 

intensity and size limits on headlamp 

photometrics. Specifically, for a zone 

extending 20° left to 20° right, and 10° to 60° 

up from the lamp optical axis, the light 

projected cannot exceed 550 candelas and 

cannot occupy more than five percent of the 

zone’s total area. The reflection from the 

subject lamps is well outside of this zone. 

Even if the reflections were within this zone, 

the headlamps would remain compliant, as 

the reflection would not exceed the 

maximum of five percent of the total area or 

the maximum of 550 candelas. 

5. According to GM, the headlamps comply 

with applicable requirements for global 

regions, including UNECE R1123. S6.2.4 and 

Annex 3, Figure B of UNECE R112 specify 

photometric test points for the passing beam 

(i.e., lower beam headlamp). The photometric 

points extend to 4° above the lamp optical 

axis. The subject reflection is well above 

those test points. 

6. The subject condition has been corrected 

for service parts and does not affect currentgeneration vehicles. GM is purging all 

affected service and replacement headlamps 

from dealer stock. The supplier, Stanley, has 

redesigned service and replacement 

headlamps to eliminate the reflections that 

cause the issue by adding graining to specific 

portions of the reflector. At the time of the 

original submission, GM projected the 

redesigned lamps would be available on June 

12, 2019. Current-generation GMC Terrain 

vehicles (model years 2018 and newer) use 

a different headlamp design and are not 

affected by this condition. 

GM concluded 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. 

VI. NHTSA’s Analysis 

The burden of establishing the 

inconsequentiality of a failure to comply 

with a performance requirement in a 

standard—as opposed to a labeling 

requirement—is more substantial and 

difficult to meet. Accordingly, the 

Agency has not found many such 

noncompliances inconsequential.1

Potential performance failures of safetycritical equipment, like seat belts or air 

bags, are rarely deemed inconsequential. 

An important issue to consider in 

determining inconsequentiality is the 

safety risk to individuals who 

experience the type of event against 

which the recall would otherwise 

protect.2 The Safety Act is preventive, 

and manufacturers cannot and should 

not wait for deaths or injuries to occur 

in their vehicles before they carry out a 

recall. See, e.g., United States v. Gen. 

Motors Corp., 565 F.2d 754, 759 (D.C. 

Cir. 1977). Indeed, the very purpose of 

a recall is to protect individuals from 

risk. See id. 

NHTSA 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

Motor vehicle headlamps are, among 

other things, required to provide 

forward illumination for driving 

conditions in a manner that does not 

cause safety consequences for the driver 

of the vehicle, or other roadway drivers. 

In particular, this can include sources of 

glare caused by light reflected back to 

the driver or other roadway drivers. 

Paragraph S10.15.6 with Table XIX of 

FMVSS No. 108 requires a maximum 

luminous intensity of 125 cd at test 

points within the boundaries of 10°U to 

90°U and 90°L to 90°R. GM explains 

that in the subject vehicles, the lower 

beam headlamps have a reflection from 

the headlamp housing that is 80 degrees 

outboard and 45 degrees upward, which 

when measured has a luminous 

intensity of 450–470 cd that exceeds the 

125 cd limit. 

NHTSA concurs with GM’s argument 

that the operator of the noncompliant 

vehicle will not likely be affected as the 

reflection is directed outboard. 

However, NHTSA does not concur with 

GM’s argument that the narrow 

reflection has no effect on oncoming or 

surrounding vehicles due to its extreme 

angle. The requirement of having a 

maximum of 125 cd at test points 10°U 

to 90°U and 90°L to 90°R reduces the 

presence of glare and veiling glare from 

oncoming or surrounding vehicles. The 

beam of light coming from the 

noncompliant headlamp exceeds the 

photometric requirement by more than 

three times, and may cause glare or be 

distracting to surrounding vehicles. 

Furthermore, certain weather conditions 

such as snow and fog could result in 

light from the noncompliant lamp 

causing veiling glare to other motorists 

driving in the proximity of the vehicle 

having the noncompliant lamp. 

NHTSA reviewed GM’s other 

arguments that their products met other 

standards (SAE J1383 and UNECE R112) 

and did not find these arguments 

compelling because those standards are 

not substitutes for the requirements 

contained in FMVSS No. 108. 

Additionally, GM’s explanation that the 

subject condition has been corrected for 

service parts and does not affect currentgeneration vehicles does not address the 

vehicles in the recall population and is 


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12548 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices 

therefore not a basis to not carry out a 

recall. 

VII. NHTSA’s Decision 

In consideration of the foregoing, 

NHTSA has decided that GM has not 

met its burden of persuasion that the 

subject FMVSS No. 108 noncompliance 

is inconsequential to motor vehicle 

safety. Accordingly, GM’s petition is 

hereby denied, and GM is consequently 

obligated to provide notification of and 

free remedy for that noncompliance 

under 49 U.S.C. 30118 and 30120. 

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

Delegations of authority at 49 CFR 1.95 and 

501.8) 

Anne L. Collins, 

Associate Administrator for Enforcement. 

[FR Doc. 2022–04540 Filed 3–3–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Passive Activity Credit 

Limitations 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Internal Revenue Service, 

as part of its continuing effort to reduce 

paperwork and respondent burden, 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on continuing 

information collections, as required by 

the Paperwork Reduction Act of 1995. 

The IRS is soliciting comments 

concerning reporting requirements for 

passive activity credit limitations. 

DATES: Written comments should be 

received on or before May 3, 2022 to be 

assured of consideration. 

ADDRESSES: Direct all written comments 

to Andres Garcia, Internal Revenue 

Service, Room 6526, 1111 Constitution 

Avenue NW, Washington, DC 20224, or 

by email to omb.unit@irs.gov. Include 

OMB control number 1545–1034 or 

Passive Activity Credit Limitations in 

the subject line of the message. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the form should be directed to 

Kerry Dennis at (202) 317–5751, or at 

Internal Revenue Service, Room 6526, 

1111 Constitution Avenue NW, 

Washington, DC 20224, or through the 

internet, at Kerry.L.Dennis@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Passive Activity Credit 

Limitations. 

OMB Number: 1545–1034. 

Form Number: 8582–CR. 

Abstract: Under Internal Revenue 

Code section 469, credits from passive 

activities, to the extent they do not 

exceed the tax attributable to net passive 

income, are not allowed, Form 8582–CR 

is used to figure the passive activity 

credit allowed and the amount of credit 

to be reported on the tax return. 

Current Actions: There is no change to 

the regulation or burden at this time. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Individuals or 

households, business or other for-profit 

organizations, and farms. 

Estimated Number of Respondents: 

300,000. 

Estimated Time per Respondent: 7 

hours, 53 minutes. 

Estimated Total Annual Burden 

Hours: 2,370,600 hours. 

The following paragraph applies to all 

the collections of information covered 

by this notice. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid OMB control number. 

Books or records relating to a collection 

of information must be retained if their 

contents may become material in the 

administration of any internal revenue 

law. Generally, tax returns and tax 

return information are confidential, as 

required by 26 U.S.C. 6103. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB 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 automated collection 

techniques or other forms of information 

technology; and (e) estimates of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Approved: March 1, 2022. 

Kerry L. Dennis, 

Tax Analyst. 

[FR Doc. 2022–04630 Filed 3–3–22; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Requesting 

comments on Enhanced Oil Recovery 

Credit 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

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 take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

Currently, the IRS is soliciting 

comments concerning enhanced oil 

recovery credit. 

DATES: Written comments should be 

received on or before May 3, 2022 to be 

assured of consideration. 

ADDRESSES: Direct all written comments 

to Andres Garcia, Internal Revenue 

Service, Room 6526, 1111 Constitution 

Avenue NW, Washington, DC 20224, or 

by email to omb.unit@irs.gov. Include 

OMB Number 1545–1292 or Enhanced 

Oil Recovery Credit in the subject line 

of the message. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of this collection should be 

directed to LaNita Van Dyke, at (202) 

317–6009, at Internal Revenue Service, 

Room 6526, 1111 Constitution Avenue 

NW, Washington, DC 20224, or through 

the internet at Lanita.VanDyke@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Enhanced Oil Recovery Credit. 

OMB Number: 1545–1292. 

Form Number: 8830. 

Abstract: This regulation provides 

guidance concerning the costs subject to 

the enhanced oil recovery credit, the 

circumstances under which the credit is 

available, and procedures for certifying 

to the Internal Revenue Service that a 

project meets the requirements of 

section 43(c) of the Internal Revenue 

Code. 

Current Actions: There are no changes 

being made to the regulations, at this 

time. Form 8830 was not issued for 

2019–2020 because the section 43 credit 

was completely phased out and the form 

was not needed due to the continued 

high price of crude oil; however, it will 

apply again for tax years beginning in 

2021. The changes made to Form 8830, 

reflect Notice 2021–47. This will 

increase the number of responses by 


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