42720 Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices 

other original equipment manufacturer 

and that those inflators have a number 

of unique design features that influence 

burn rates and internal ballistic 

dynamics, including greater vent-areato-propellant-mass ratios, steel end 

caps, and thinner propellant wafers. See 

Second Petition at p. 11–12. In addition, 

GM states that the physical environment 

of the GMT900 vehicles better protects 

the covered passenger inflators from 

temperature cycling that can cause 

rupture. Id. 

Finally, to supplement its internal 

analysis, GM has retained a third-party 

expert, Orbital ATK, to conduct a longterm aging study that will estimate the 

service life expectancy of the covered 

passenger inflators in the GMT900 

vehicles. See Second Petition at pp. 17– 

18. GM anticipates that this study will 

be complete in August 2017. Id. 

IV. Consolidation 

GM’s Second Petition for 

Inconsequentiality is virtually identical 

to the Petition for Inconsequentiality 

submitted on November 15, 2016. First, 

both petitions involve the same covered 

passenger inflators (i.e., frontal 

passenger inflator types ‘‘SPI YP’’ and 

‘‘PSPI–L YD’’). Second, both petitions 

involve the same vehicle platform (i.e., 

the GMT900). Third, both petitions rely 

upon the same purported evidence to 

support the safety of the inflators (i.e., 

estimated field deployments, ballistic 

testing, and stress-strength interference 

analysis). Fourth, both petitions will 

rely upon the same forthcoming report 

by Orbital ATK. According, it is 

appropriate to evaluate and dispose of 

the two petitions simultaneously. In the 

interest of clarity, consistency, and 

efficiency, the Agency is consolidating 

the Second Petition with the First 

Petition under Docket No. NHTSA– 

2016–0124. 

Authority: 49 U.S.C. 30101, et seq., 30118, 

30120(h), 30162, 30166(b)(1), 30166(g)(1); 

delegation of authority at 49 CFR 1.95(a); 49 

CFR parts 556, 573, 577. 

Issued: August 31, 2017. 

Stephen P. Wood, 

Acting Chief Counsel. 

[FR Doc. 2017–19139 Filed 9–8–17; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2017–0018] 

Volkswagen Group of America; 

Receipt of Petition for Temporary 

Exemption From FMVSS No. 108 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of receipt of a petition for 

a temporary exemption from certain 

headlamp requirements of Federal 

Motor Vehicle Safety Standard (FMVSS) 

No. 108, Lamps, Reflective devices, and 

Associated Equipment. 

SUMMARY: In accordance with the 

procedures, Volkswagen Group of 

America (Volkswagen, or Petitioner) has 

petitioned the agency for a temporary 

exemption from certain headlamp 

requirements of FMVSS No. 108 to 

allow the use of adaptive driving beam 

headlights. Volkswagen requests the 

exemption on the basis that it would 

facilitate the development or field 

evaluation of a new motor vehicle safety 

feature providing a safety level at least 

equal to that of the standard. NHTSA 

has made no judgment on the merits of 

the application. This notice of receipt of 

an application for a temporary 

exemption is published in accordance 

with statutory and administrative 

provisions. 

DATES: You should submit your 

comments not later than October 11, 

2017. 

FOR FURTHER INFORMATION CONTACT: John 

Piazza, Office of the Chief Counsel, 

NCC–112, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

Telephone: (202) 366–2992; Fax: (202) 

366–3820. 

ADDRESSES: We invite you to submit 

comments on the application described 

above. You may submit comments 

identified by docket number in the 

heading of this notice by any of the 

following methods: 

• Fax: 1–202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE., West Building Ground 

Floor, Room W12–140, Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act discussion 

below. We will consider all comments 

received before the close of business on 

the comment closing date indicated 

above. To the extent possible, we will 

also consider comments filed after the 

closing date. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov at any time or to 

1200 New Jersey Avenue SE., West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. Telephone: 

(202) 366–9826. 

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) or you 

may visit http://www.dot.gov/ 

privacy.html. 

Confidential Business Information: If 

you wish to submit any information 

under a claim of confidentiality, you 

should submit three copies of your 

complete submission, including the 

information you claim to be confidential 

business information, to the Chief 

Counsel, NHTSA, at the address given 

under FOR FURTHER INFORMATION

CONTACT. In addition, you should 

submit two copies, from which you 

have deleted the claimed confidential 

business information, to Docket 

Management at the address given above. 

When you send a comment containing 

information claimed to be confidential 

business information, you should 

include a cover letter setting forth the 

information specified in our 

confidential business information 

regulation (49 CFR part 512). 

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority for Temporary 

Exemptions 

The National Traffic and Motor 

Vehicle Safety Act (‘‘Safety Act’’), 

codified at 49 U.S.C. Chapter 301, 

provides the Secretary of Transportation 

authority to exempt, on a temporary 

basis and under specified 


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Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices 42721 

1 49 U.S.C. 30113(3). 

circumstances, motor vehicles from a 

motor vehicle safety standard or bumper 

standard. This authority is set forth at 

49 U.S.C. 30113. The Secretary has 

delegated the authority for 

implementing this section to NHTSA. 

The Safety Act authorizes the 

Secretary to grant a temporary 

exemption to a vehicle manufacturer 

under certain conditions. Under the 

conditions relevant to this petition, the 

Secretary may grant a petition on 

finding that the exemption is consistent 

with the public interest and with the 

Safety Act, and that the exemption 

would make easier the development or 

field evaluation of a new motor vehicle 

safety feature providing a safety level at 

least equal to the safety level of the 

standard.1

NHTSA established 49 CFR part 555, 

Temporary Exemption From Motor 

Vehicle Safety and Bumper Standards, 

to implement the statutory provisions 

concerning temporary exemptions. The 

requirements specified in 49 CFR 555.5 

state that the petitioner must set forth 

the basis of the application by providing 

the information required under Part 

555.6, and the reasons why the 

exemption would be in the public 

interest and consistent with the 

objectives of 49 U.S.C. Chapter 301. 

A petition on the basis that the 

exemption would make easier the 

development or field evaluation of a 

new motor vehicle safety feature 

providing a safety level at least equal to 

the safety level of the standard must 

include the information specified in 49 

CFR 555.6(b). The main requirements of 

that section include: 

(1) A description of the safety or 

impact protection features, and 

research, development, and testing 

documentation establishing the 

innovational nature of such features; 

(2) An analysis establishing that the 

level of safety or impact protection of 

the feature is equivalent to or exceeds 

the level of safety or impact protection 

established in the standard from which 

exemption is sought, including the 

following: A detailed description of how 

a vehicle equipped with the safety or 

impact protection feature differs from 

one that complies with the standard; if 

applicant is presently manufacturing a 

vehicle conforming to the standard, the 

results of tests conducted to substantiate 

certification to the standard; and the 

results of tests conducted on the safety 

or impact protection features that 

demonstrates performance which meets 

or exceeds the requirements of the 

standard; 

(3) Substantiation that a temporary 

exemption would facilitate the 

development or field evaluation of the 

vehicle; 

(4) A statement whether, at the end of 

the exemption period, the manufacturer 

intends to conform to the standard, 

apply for a further exemption, or 

petition for rulemaking to amend the 

standard to incorporate the safety or 

impact protection features; and 

(5) A statement that not more than 

2,500 exempted vehicles will be sold in 

the United States in any 12-month 

period for which an exemption may be 

granted pursuant to this paragraph. 

II. Overview of Petition 

Volkswagen has submitted a petition 

asking the agency for a temporary 

exemption from certain headlamp 

requirements of FMVSS No. 108 for 

vehicles equipped with adaptive driving 

beam (‘‘ADB’’) headlamps. ADB is 

defined by SAE International (‘‘SAE’’) as 

a long-range forward visibility light 

beam that adapts to the presence of 

opposing (i.e., approaching from the 

opposite direction) and preceding 

vehicles by modifying portions of the 

projected light in order to reduce glare 

to the drivers and riders of those 

vehicles. Volkswagen wishes to install 

its ‘‘Matrix Beam’’ ADB system on Audi 

A7 models, which may also include S7 

and Rs7 variants (collectively, ‘‘subject 

vehicles’’). 

In order to do so, Volkswagen 

requests an exemption from S9.4 and 

S10.14.6 of FMVSS No. 108. S9.4 

requires that a vehicle have a means of 

switching between lower and upper 

beams designed and located so that it 

may be operated conveniently by a 

simple movement of the driver’s hand 

or foot; that the switch have no dead 

point; and, except as provided by 

S6.1.5.2, that the lower and upper 

beams must not be energized 

simultaneously except momentarily for 

temporary signaling purposes or during 

switching between beams. S10.14.6 

specifies the photometry requirements 

for integral beam headlighting systems. 

Volkswagen indicates that Matrix Beam 

may not comply with these 

requirements. 

The basis for the application is that 

the exemption would make easier the 

development or field evaluation of a 

new motor vehicle safety feature 

providing a safety level at least equal to 

that of the standard. Volkswagen 

explains how the Matrix Beam system 

operates and the safety benefits it 

believes the system would offer. 

Volkswagen states that the safety benefit 

is that ADB enhances nighttime 

visibility for the driver while at the 

same time reducing glare (relative to the 

glare that would be caused by 

headlamps on upper beam) to oncoming 

and preceding vehicles. In order to 

establish the innovational and safetyimproving nature of the Matrix Beam 

system, Volkswagen summarizes, refers 

to, and submits research, development, 

and testing documentation, including 

the following: A recent technical paper 

summarizing the safety benefits of ADB 

systems; Toyota’s pending petition for 

rulemaking to amend FMVSS No. 108 to 

allow ADB (Docket No. NHTSA–2013– 

0004); an excerpt from the United 

Kingdom version of the Audi owner’s 

manual explaining the Matrix Beam 

system; and an Audi Matrix LED 

headlight training document. 

Volkswagen states that it has received 

EU Type Approval for its system and is 

currently installing the system on the 

following EU Audi models: A4, A6, A7, 

A8, TT, and Q7. Volkswagen explains 

that Audi has sold 122,979 vehicles 

equipped with the Matrix Beam in 55 

markets outside the United States. Of 

the 77,014 model year 2016 vehicles, 

only 69 warranty cases were found 

involving a customer complaint related 

to the adjustment or functionality of the 

Matrix Beam headlamps (a repair per 

1000-vehicle rate of 0.90 R/1000 

(0.09%)). Volkswagen states that this 

shows that the Matrix Beam is very 

reliable. Volkswagen states that the 

Matrix Beam system complies with a 

recently-published SAE standard for 

ADB systems, SAE J3069 JUN2016. 

Volkswagen also provides compliance 

test reports to demonstrate that the nonexempt subject vehicles comply with 

the headlamp-related requirements of 

FMVSS No. 108. 

Petitioner states that a temporary 

exemption would facilitate the 

development and field evaluation of the 

Matrix Beam system. Volkswagen 

explains that it intends to collect 

feedback from customers who purchase 

the exempt vehicles and to obtain data 

multiple times throughout the duration 

of the exemption. Each time the 

customer brings their vehicle to the 

dealer for service or routine 

maintenance, the customer will be given 

a survey. The survey will inquire about 

the customer’s typical driving 

characteristics, satisfaction with the 

Matrix Beam, overall Matrix Beam 

performance, and views on the safety of 

the Matrix Beam. Volkswagen believes 

that this will enable it to both achieve 

a relatively high response rate as well as 

monitor changes in customer responses 

based on length of time of ownership 

and mileage. Volkswagen requests that 

it be permitted to import and sell 2,500 

exempted vehicles during each of the 


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42722 Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices 

12-month periods covered by the 

exemption. Petitioner states that on or 

before the end of the exemption period, 

it hopes that the pending Toyota 

petition for rulemaking will be granted, 

and that FMVSS No. 108 will be 

amended to allow ADB. If by the end of 

the exemption period, FMVSS No. 108 

has not been so amended, then 

Volkswagen intends either to cease 

offering the system in the United States 

or request an extension. 

III. Completeness and Comment Period 

Upon receiving a petition, NHTSA 

conducts an initial review of the 

petition with respect to whether the 

petition is complete and whether the 

petitioner appears to be eligible to apply 

for the requested exemption. The agency 

has tentatively concluded that the 

petition from Volkswagen is complete 

and that Volkswagen is eligible to apply 

for a temporary exemption. The agency 

has not made any judgment on the 

merits of the application, and is placing 

a copy of the petition and other related 

materials in the docket. 

The agency seeks comment from the 

public on the merits of Volkswagen’s 

application for a temporary exemption 

from S9.4 and S10.14.6 of FMVSS No. 

108. We are providing a 30-day 

comment period. After considering 

public comments and other available 

information, we will publish a notice of 

final action on the application in the 

Federal Register. 

Issued on September 5, 2017. 

Raymond R. Posten, 

Associate Administrator for Rulemaking. 

[FR Doc. 2017–19086 Filed 9–8–17; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

[Docket No. TTB–2017–0003] 

Proposed Information Collections; 

Comment Request (No. 66) 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau (TTB); Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of our continuing 

effort to reduce paperwork and 

respondent burden, and as required by 

the Paperwork Reduction Act of 1995, 

we invite comments on the proposed or 

continuing information collections 

listed below in this notice. 

DATES: We must receive your written 

comments on or before November 13, 

2017. 

ADDRESSES: As described below, you 

may send comments on the information 

collections listed in this document 

using the ‘‘Regulations.gov’’ online 

comment form for this document, or you 

may send written comments via U.S. 

mail or hand delivery. TTB no longer 

accepts public comments via email or 

fax. 

• https://www.regulations.gov: Use 

the comment form for this document 

posted within Docket No. TTB–2017– 

0003 on ‘‘Regulations.gov,’’ the Federal 

e-rulemaking portal, to submit 

comments via the Internet; 

• U.S. Mail: Michael Hoover, 

Regulations and Rulings Division, 

Alcohol and Tobacco Tax and Trade 

Bureau, 1310 G Street NW., Box 12, 

Washington, DC 20005. 

• Hand Delivery/Courier in Lieu of 

Mail: Michael Hoover, Alcohol and 

Tobacco Tax and Trade Bureau, 1310 G 

Street NW., Suite 400, Washington, DC 

20005. 

Please submit separate comments for 

each specific information collection 

listed in this document. You must 

reference the information collection’s 

title, form or recordkeeping requirement 

number, and OMB number (if any) in 

your comment. 

You may view copies of this 

document, the information collections 

listed in it and any associated 

instructions, and all comments received 

in response to this document within 

Docket No. TTB–2017–0003 at https://

www.regulations.gov. A link to that 

docket is posted on the TTB Web site at 

https://www.ttb.gov/forms/comment-onform.shtml. You may also obtain paper 

copies of this document, the 

information collections described in it 

and any associated instructions, and any 

comments received in response to this 

document by contacting Michael Hoover 

at the addresses or telephone number 

shown below. 

FOR FURTHER INFORMATION CONTACT: 

Michael Hoover, Alcohol and Tobacco 

Tax and Trade Bureau, 1310 G Street 

NW., Box 12, Washington, DC 20005; 

telephone (202) 453–1039, ext. 135; or 

email informationcollections@ttb.gov 

(please do not submit comments on this 

notice to this email address). 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

The Department of the Treasury and 

its Alcohol and Tobacco Tax and Trade 

Bureau (TTB), as part of a continuing 

effort to reduce paperwork and 

respondent burden, invite the general 

public and other Federal agencies to 

comment on the proposed or continuing 

information collections listed below in 

this notice, as required by the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Comments submitted in response to 

this notice will be included or 

summarized in our request for Office of 

Management and Budget (OMB) 

approval of the relevant information 

collection. All comments are part of the 

public record and subject to disclosure. 

Please do not include any confidential 

or inappropriate material in comments. 

For each information collection listed 

below, we invite comments on: (a) 

Whether the information collection is 

necessary for the proper performance of 

the agency’s functions, including 

whether the information has practical 

utility; (b) the accuracy of the agency’s 

estimate of the information collection’s 

burden; (c) ways to enhance the quality, 

utility, and clarity of the information 

collected; (d) ways to minimize the 

information collection’s burden 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 the requested information. 

Information Collections Open for 

Comment 

Currently, we are seeking comments 

on the following information collections 

(forms, recordkeeping requirements, or 

questionnaires): 

Title: Application for Amended Basic 

Permit under the Federal Alcohol 

Administration Act. 

OMB Number: 1513–0019. 

TTB Form Number: F 5100.18. 

Abstract: The Federal Alcohol 

Administration Act (FAA Act) at 27 

U.S.C. 203 requires that a person apply 

for and receive a permit (known as a 

‘‘basic permit’’) to engage in the 

business of importing distilled spirits, 

wine, or malt beverages into the United 

States; to engage in the business of 

distilling spirits or producing wine; and 

to engage in the business of purchasing 

for resale at wholesale distilled spirits, 

wine, or malt beverages. Section 204 of 

the FAA Act imposes minimum 

requirements for basic permits and 

authorizes the Secretary of the Treasury 

to prescribe the manner and form of all 

applications for basic permits. 

TTB F 5100.18 is completed by a 

person who has a basic permit under the 

FAA Act and wants to amend that 

permit. Amendment of a basic permit 

may become necessary when changes 


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