Federal Register / Vol. 63, No. 148 / Monday, August 3, 1998 / Notices 41321

return times. The pedals on these

assemblies were cycled at room

temperature. Since the vast majority of

driving is done with a only limited

pedal movement, each cycle consisted

of a 10 per cent application of pedal

travel. Every 2,000 cycles the pedal

return at ¥40 degrees F (¥40 degrees

C) was checked. The results, shown in

Figure 5 [of the application], indicate

that most pedals will return within the

specified time limit after 10,000 cycles,

and all pedals will easily meet the time

limits after 15,000 cycles.

5. Warranty Data—GM has reviewed

recent warranty data for the 1997

Corvette, as well as complaint data. We

are unaware of any data suggesting the

subject condition is a real world safety

issue.

No comments were received on the

application.

FMVSS No. 124 requires that the

accelerator control system return to the

idle position in the event of a single

point disconnection or severance of the

system in no more than three seconds

after the pedal is released when tested

at temperatures from ¥18 degrees C (0

degrees F) to ¥40 degrees C (¥40

degrees F also). If the severance is of one

of the three pedal return springs inside

the passenger compartment, full return

will take longer than three seconds

when the temperature of the passenger

compartment is below ¥32 degrees C

(¥26 degrees F).

In this instance, there are many

mitigating circumstances that render the

noncompliance inconsequential to

safety. First, the noncompliance does

not result in the throttle sticking open

at extreme low temperatures. It merely

closes more slowly as a result of

congealed lubricant on a new pedal

assembly with tightly fitting parts. (GM

determined that the lubricant was not

necessary for long term durability or

corrosion protection and discontinued

its use to avoid further noncompliances.) Even with one return

spring removed, the accelerator pedal

returns at least 85 percent of full travel

within the specified time. The worst

consequence is merely the duration of

an elevated idle speed for about six

seconds, and the vehicle is subject to

this condition only for periods when the

temperature in the passenger

compartment is below ¥26 degrees F.

Second, the pedal assemblies loosen up

enough in about 2000 miles of normal

driving to correct the noncompliance.

While pedal assemblies with all three

return springs satisfy the performance

requirements of FMVSS No. 124 under

all temperature conditions regardless of

congealed lubrication or tight fit of

parts, even those with one spring

removed will satisfy the standard after

about 2,000 miles of use despite the

congealed lubrication at ¥40 degrees F.

It is unlikely that many of the first 9,500

1997 Corvettes, which had lubricated

pedal assemblies, have not yet corrected

themselves. Third, it is extremely

unlikely that a pedal return spring

would fail during the first 2000 miles of

driving. The springs are designed for an

infinite fatigue life, and they are

mounted in a protected area. Also, they

are direct acting compression springs

not dependent upon connections.

In consideration of the foregoing, it is

hereby found that General Motors

Corporation has met its burden of

persuasion that the noncompliance

discussed herein is inconsequential to

motor vehicle safety, and its application

is granted.

(49 U.S.C. 30118 and 30120; delegations

of authority at 49 CFR 1.50 and 501.8)

Issued on: July 28, 1998.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 98–20654 Filed 7–31–98; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[Docket No. NHTSA–97–3146]

Toyota Technical Center, U.S.A., Inc.,

Grant of Application for Decision of

Inconsequential Noncompliance

Toyota Technical Center, U.S.A., Inc.

(Toyota) of Washington, DC on behalf of

the Toyota Motor Manufacturing,

Kentucky, Inc. (TMMK) has determined

that some 1998 model Toyota Sienna

vehicles fail to comply with 49 CFR

571.120, Federal Motor Vehicle Safety

Standard (FMVSS) No. 120, ‘‘Tire

selection and rims for vehicles other

than passenger cars,’’ and has filed an

appropriate report pursuant to 49 CFR

Part 573, ‘‘Defect and Noncompliance

Reports.’’ Toyota has also applied to be

exempted from the notification and

remedy requirements of 49 U.S.C.

Chapter 301—‘‘Motor Vehicle Safety’’

on the basis that the noncompliance is

inconsequential to motor vehicle safety.

Notice of receipt of the application

was published, with a 30-day comment

period, on December 10, 1997, in the

Federal Register (62 FR 65127). NHTSA

received no comments on this

application during the 30-day comment

period.

In FMVSS No. 120, paragraph S5.3

states that the recommended cold

inflation pressure for the designated tire

must appear either on the certification

label or a tire information label.

Toyota produced 4,358 vehicles from

May 12, 1997 through October 13, 1997

which do not meet the labeling

requirements stated in the standard. The

recommended 240KPa (35 PSI) cold

inflation pressure for the designated tire

(P205/70R15) is misstated on the

certification label as 220 KPa (33 PSI).

Toyota supported its application for

inconsequential noncompliance with

the following three statements:

1. On these vehicles, Toyota has

applied a voluntary tire information

label, on which the correct

recommended pressure, ‘‘240 KPa/35

PSI’’ (at maximum loaded vehicle

weight) appears, [located at ] the door

opening portion of the driver side Bpillar. Toyota believes that owners will

refer to this tire information label rather

than the certification label, making the

possibility of confusion due to the

different tire inflation pressures quite

low.

2. The vehicle owner’s manual also

indicates the correct recommended

inflation pressure.

3. The Maximum Loaded Vehicle

Weight (MLVW)—the weight of the

heaviest vehicle of the car line with full

accessories, passengers in all designated

seating positions, and maximum cargo

and luggage load—of the Toyota Sienna

is 2,365 kg. In such [a] fully-loaded

condition, the rear axle is loaded more

than the front [axle], resulting in a rear

axle load of 1,204 kg or 602 kg on each

rear tire. The load limit of the subject

P205/70R15 tire inflated to 220 KPa (33

PSI) is 650 kg. Therefore, there still

exists a 48 kg margin under the MLVW.

Since the Sienna is a passenger

vehicle—as opposed to a cargo

vehicle—it is unlikely that the owner

will overload it.

The reason for requiring the

maximum permissible tire inflation

pressure to be provided on a permanent

label in the vehicle is to give the vehicle

user the necessary information to

minimize the likelihood that the tires

will be overloaded or overinflated. In

this case, the too-low maximum

inflation pressure shown on the vehicle

label raises concerns that the tires will

be overloaded when the vehicle is fully

loaded. However, NHTSA believes

Toyota has provided sound reasons to

conclude that these concerns are

unlikely in the circumstances of this

application. First, the vans have correct

maximum inflation pressures shown on

a tire information label on the vehicle

and in the owner’s manual, but a toolow maximum inflation pressure on the

certification label. Second, and most
41322 Federal Register / Vol. 63, No. 148 / Monday, August 3, 1998 / Notices

significantly, even if the tires are

inflated to the too-low maximum

inflation pressure shown on the vehicle

certification label, the tires would still

not be overloaded.

In consideration of the foregoing,

NHTSA has decided that the applicant

has met its burden of persuasion that

the noncompliance it describes is

inconsequential to safety. Accordingly,

its application is granted, and the

applicant is exempted from providing

the notification of the noncompliance

that is required by 49 U.S.C. 30118, and

from remedying the noncompliance, as

required by 49 U.S.C. 30120. (49 U.S.C.

30118, delegations of authority at 49

CFR 1.50 and 501.8).

Issued on: July 29, 1998.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 98–20629 Filed 7–31–98; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF THE TREASURY

Customs Service

Proposed Collection; Comment

Request; Automated Commercial

System Surety Data Element

Enhancements

ACTION: Notice and request for

comments.

SUMMARY: As part of its continuing effort

to reduce paperwork and respondent

burden, Customs invites the general

public and other Federal agencies to

comment on an information collection

requirement concerning the

enhancement of Surety Data Elements

collected by the Customs Automated

Commercial System (ACS) by the

addition of two new data elements. This

request for comment is being made

pursuant to the Paperwork Reduction

Act of 1995 (Public Law 104–13; 44

U.S.C. 3505(c)(2)).

DATES: Written comments should be

received on or before October 2, 1998,

to be assured of consideration.

ADDRESSES: Direct all written comments

to U.S. Customs Service, Information

Services Group, Attn.: J. Edgar Nichols,

1300 Pennsylvania Avenue, NW, Room

3.2C Washington, DC 20229.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information

should be directed to U.S. Customs

Service, Attn.: J. Edgar Nichols, Room

3.2C, 1300 Pennsylvania Avenue NW,

Washington, DC 20229, Tel. (202) 927–

1426; or to Mr. Byron Kissane, Room

5.2C, 1300 Pennsylvania Avenue NW,

Washington, DC 20229, Tel. (202) 927–

0380.

SUPPLEMENTARY INFORMATION: At the

request of the American Surety Trade

Association, the Customs Service

proposes to add two additional data

elements to the Automated Broker

Interface (ABI) module of ACS. These

new data elements are bond amount and

producer account number. The new data

elements, which are each ten characters

in length, shall be captured in the ABI

environment only and will not be

entered on-line by Customs field

personnel for non-ABI entry summary

transactions. Additionally, these new

data elements will be added to the

Automated Surety Interface download.

This will facilitate the surety accounting

procedures. Customs invites the general

public and other Federal agencies to

comment on proposed and/or

continuing information collections

pursuant to the Paperwork Reduction

Act of 1995 (Pub. L. 104–13; 44 U.S.C.

3505(c)(2)). The comments should

address: (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

estimates 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 including the use

of automated collection techniques or

the use of other forms of information

technology; and (e) estimates of capital

or start-up costs and costs of operations,

maintenance, and purchase of services

to provide information. The comments

that are submitted will be summarized

and included in the Customs request for

Office of Management and Budget

(OMB) approval. All comments will

become a matter of public record. In this

document Customs is soliciting

comments concerning the following

information collection:

Title: Entry and Entry Summary

(Electronic Record).

OMB Number: 1515–0065.

Form Number: Customs Form 7501

and Electronic Record A–40.

Abstract: Customs Form 7501 and

Electronic Record A–40 are used by

Customs as a record of the impact

transaction, to collect proper duty,

taxes, exactions, certifications and

enforcement endorsements, and to

provide copies to Census for statistical

purposes.

Current Actions: This change will add

two data elements to the electronic

record only. There are no other changes

to the information collection.

Type of Review: Extension (with

change).

Affected Public: Businesses,

Individuals, Institutions.

Estimated Number of Respondents:

600,000.

Estimated Time Per Respondent: 5

minutes.

Estimated Total Annual Burden

Hours: 50,000.

Estimated Total Annualized Cost on

the Public: N/A.

Dated: July 24, 1998.

J. Edgar Nichols,

Team Leader, Information Services Group.

[FR Doc. 98–20624 Filed 7–31–98; 8:45 am]

BILLING CODE 4820–02–P