Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices 49263 

has also tentatively decided to require, 

as a condition for import eligibility, that 

Canadian-certified multipurpose 

passenger vehicles, trucks, and buses 

with a GVWR of 4,536 kg (10,000 lb) or 

less manufactured on or after September 

1, 2017, and before September 1, 2022, 

comply, as originally manufactured, 

with FMVSS Nos. 138, 201, 206, 208, 

213, and 214, and insofar as they are 

applicable, with FMVSS No. 225, and 

the updated requirements of FMVSS 

Nos. 111 and 226. Finally, NHTSA has 

tentatively decided to require that 

trucks and buses with a GVWR greater 

than 4,536 kg (10,000 lb) manufactured 

on or after August 1, 2019, that are 

subject to FMVSS No. 136 to comply, as 

originally manufactured, with that 

standard in order to be eligible to 

import. Effective dates for the updated 

or newly enacted standards are outlined 

below. 

Future Cut-Off Date 

To avoid the need to amend any 

existing eligibility decisions in the event 

that there are any further requirements 

imposed under the FMVSS that are not 

carried into the corresponding CMVSS, 

NHTSA has tentatively decided to limit 

its import eligibility decisions for 

Canadian-certified motor vehicles to 

those manufactured before September 1, 

2022. Prior to that date, the agency will 

assess whether there is a need to 

condition the import eligibility of any 

subsequently manufactured Canadiancertified vehicles on compliance with 

any additional FMVSS. The agency 

intends to issue new decisions covering 

vehicles manufactured on or after 

September 1, 2022, within a sufficient 

period before that date is reached. 

Tentative Decision 

Pending its review of any comments 

submitted in response to this notice, 

NHTSA hereby tentatively decides 

that— 

(a) All passenger cars manufactured 

on or after September 1, 2017, and 

before May 1, 2018, that as originally 

manufactured, comply with FMVSS 

Nos. 138, 201, 206, 208, 213, 214, 225, 

and insofar as it is applicable with 

FMVSS No. 226; and 

(b) All passenger cars manufactured 

on or after May 1, 2018, and before 

September 1, 2022, that as originally 

manufactured, comply with FMVSS 

Nos. 111, 138, 201, 206, 208, 213, 214, 

225, and insofar as it is applicable, with 

FMVSS No. 226; and 

(c) All multipurpose passenger 

vehicles, trucks, and buses with a 

GVWR of 4,536 kg (10,000 lb) or less 

manufactured on or after September 1, 

2017, and before May 1, 2018, that as 

originally manufactured, comply with 

FMVSS Nos. 138, 201, 206, 208, 213, 

and 214, and insofar as they are 

applicable, with FMVSS Nos. 222, 225, 

and, 226; and 

(d) All multipurpose passenger 

vehicles, trucks, and buses with a 

GVWR of 4,536 kg (10,000 lb) or less 

manufactured on or after May 1, 2018, 

and before September 1, 2022, that as 

originally manufactured, comply with 

FMVSS Nos. 111, 138, 201, 206, 208, 

213, and 214, and insofar as they are 

applicable, with FMVSS Nos. 222, 225, 

and 226; and 

(e) All multipurpose passenger 

vehicles, trucks, and buses with a 

GVWR greater than 4,536 kg (10,000 lb) 

manufactured on or after August 1, 

2019, and before September 1, 2022, 

that as originally manufactured, comply 

with FMVSS No. 136 insofar as it is 

applicable; that are certified by their 

original manufacturer as complying 

with all applicable CMVSS, are eligible 

for importation into the United States 

on the basis that either: 

1. They are substantially similar to 

vehicles of the same make, model, and 

model year originally manufactured for 

importation into and sale in the United 

States, or originally manufactured in the 

United States for sale therein, and 

certified as complying with all 

applicable FMVSS, and are capable of 

being readily altered to conform to all 

applicable FMVSS, or 

2. They have safety features that 

comply with, or are capable of being 

altered to comply with, all applicable 

FMVSS. 

Vehicle Eligibility Number 

In order to import a vehicle made 

admissible under any final decision, the 

importer must indicate to U.S. Customs 

and Border Protection that the vehicle 

has been determined eligible for 

importation. This is done by indicating 

the eligibility number, published under 

that final decision, on the U.S. 

Department of Transportation 

declaration form HS–7. Vehicle 

Eligibility Number VSA–80 is currently 

assigned to Canadian-certified passenger 

cars, Vehicle Eligibility Number VSA– 

81 is currently assigned to Canadiancertified multipurpose passenger 

vehicles, trucks, and buses with a 

GVWR of 4,536 kg (10,000 lb) or less, 

and Vehicle Eligibility Number VSA–82 

is currently assigned to Canadiancertified multipurpose passenger 

vehicles, trucks, and buses with a 

GVWR greater than 4,536 kg (10,000 lb). 

If this tentative decision is made final, 

all passenger cars admissible under the 

final decision will be assigned vehicle 

eligibility number VSA–80, all 

multipurpose passenger vehicles, 

trucks, and buses with a GVWR of less 

than 4,536 kg (10,000 lb) admissible 

under the final decision will be assigned 

vehicle eligibility number VSA–81, and 

all multipurpose passenger vehicles, 

trucks, and buses with a GVWR greater 

than 4,536 kg (10,000 lb) admissible 

under the final decision will be assigned 

vehicle eligibility number VSA–82. 

Authority: 49 U.S.C. 30141(a)(1)(A), 

(a)(1)(B), and (b)(1); 49 CFR 593.8; delegation 

of authority at 49 CFR 1.95. 

Jack Danielson, 

Acting Deputy Administrator. 

[FR Doc. 2017–22693 Filed 10–23–17; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2016–0108; Notice 2] 

Reflex & Allen USA, Incorporated, 

Grant of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition. 

SUMMARY: Reflex & Allen USA, 

Incorporated (RAUS), has determined 

that certain Reflex & Allen air brake 

tubing products do not fully comply 

with Federal Motor Vehicle Safety 

Standard (FMVSS) No. 106, Brake 

Hoses. RAUS filed a noncompliance 

information report dated September 1, 

2016, and amended it on September 13, 

2016. RAUS also petitioned NHTSA on 

September 30, 2016, for a decision that 

the subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety. 

ADDRESSES: For further information 

regarding this decision please contact 

Leroy Angeles, Office of Vehicle Safety 

Compliance, the National Highway 

Traffic Safety Administration (NHTSA), 

telephone (202) 366–5304, facsimile 

(202) 366–3081. 

SUPPLEMENTARY INFORMATION: 

I. Overview: Reflex & Allen USA, 

Incorporated (RAUS), has determined 

that certain Reflex & Allen air brake 

tubing products do not fully comply 

with paragraph S7.2.1 of Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

106, Brake Hoses. RAUS filed a report 

dated September 1, 2016, and amended 

it on September 13, 2016, pursuant to 49 

CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. RAUS also petitioned NHTSA 


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49264 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices 

on September 30, 2016, pursuant to 49 

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

CFR part 556, 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. 

Notice of receipt of the petition was 

published, with a 30-day public 

comment period, on November 25, 

2016, in the Federal Register (81 FR 

85323). No comments were received. To 

view the petition and all supporting 

documents log onto the Federal Docket 

Management System (FDMS) Web site 

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

follow the online search instructions to 

locate docket number ‘‘NHTSA–2016– 

0108.’’ 

II. Hoses Involved: Approximately 

4,500 Reflex & Allen air brake hose 

products manufactured between 

October 16, 2015, and August 30, 2016, 

are potentially involved. 

III. Noncompliance: RAUS explains 

that the noncompliance is that the 

subject brake hoses are labeled at 

intervals ranging from 6.5 inches to 11.5 

inches, thereby exceeding 6-inch 

maximum spacing required by 

paragraph S7.2.1 of FMVSS No. 106. 

IV. Rule Text: Paragraph S7.2.1 of 

FMVSS No. 106 states: 

S7.2.1 Hose. Each air brake hose shall be 

labeled, or cut from bulk hose that is labeled, 

at intervals of not more than 6 inches, 

measured from the end of one legend to the 

beginning of the next, in block capital letters 

and numerals at least one-eighth of an inch 

high, with the information listed in 

paragraphs (a) through (e) of this section. The 

information need not be present on hose that 

is sold as part of a brake hose assembly or 

a motor vehicle. 

V. Summary of RAUS’s Petition: 

RAUS described the subject 

noncompliance and stated its belief that 

the noncompliance is inconsequential 

as it relates to motor vehicle safety. 

In support of its petition, RAUS 

submitted the following reasoning: 

(a) RAUS notified NHTSA in a 573 

report in early September of 2016, of a 

potential noncompliance within a 

population of air brake tubing products. 

The report was subsequently amended 

to correct affected part numbers. As 

described in RAUS’s noncompliance 

notification, the subject air brake tubing 

is labeled with the complete and correct 

identifying data, but due to a production 

error, the labeling appears at intervals 

that exceed the 6-inch maximum 

spacing required by the standard. 

(b) RAUS noted that all affected 

products are labeled in accordance with 

the requirements of FMVSS No. 106 

S7.2.1 except for the print legend 

spacing. 

(c) These products are sold only to 

one Original Equipment Manufacturer 

(OEM), Volvo Trucks North America 

(VTNA), which then paints the 

complete chassis to include painting 

over the tubing. These products meet all 

applicable performance requirements of 

FMVSS No. 106. These products 

perform exactly as designed. The safety 

of the vehicle is uncompromised. 

(d) The noncompliant products were 

produced between October 16, 2015 and 

August 30, 2016. VTNA first notified 

RAUS of the noncompliance on August 

30, 2016. Immediately on that date, 

RAUS recalibrated the equipment to 

ensure compliance on all future tubing 

products and is conducting initial and 

secondary quality checks to guarantee 

compliance prior to shipment to VTNA. 

VTNA is the only customer that receives 

these products and is fully aware of the 

situation. RAUS fully believes that these 

labeling errors are inconsequential to 

motor vehicle safety because the tubing 

is properly identified with all required 

identifiers and meets the standards in 

every other way. The only 

noncompliance is the spacing in which 

the print legends exceed 6 inch intervals 

in various measurements ranging from 

6.5 inches to 11.5 inches. 

(e) This noncompliance does not 

create an unreasonable risk of death or 

injury in an accident, nor does it create 

any operational issues or safety 

concerns regarding the vehicle. The 

Safety Act allows for exemptions for 

manufacturers from the Safety Act’s 

notice and remedy requirements 

particularly when the noncompliance 

does not create an unreasonable risk of 

death or injury in an accident. 

(f) The subject brake tubing was 

marked correctly with all required 

identifiers yet the print legends fell 

beyond the maximum 6 inch intervals. 

This error is inconsequential to motor 

vehicle safety. One of the main purposes 

FMVSS No. 106, S7.2.1 is to identify the 

manufacturer of the brake tubing in the 

event of a product recall. If a recall of 

this air brake tubing were to become 

necessary in the future, the affected 

products could still be easily identified 

by the markings which are 

conspicuously printed on all of the 

tubing. 

(g) There are several examples of 

NHTSA granting petitions from the 

reporting and notification requirements 

based on determinations of 

inconsequential noncompliance for 

similar marking/labeling issues 

including the granting of the Grote 

Industries LLC petition on January 23, 

2015. 

RAUS concluded by expressing the 

belief 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. 

NHTSA Decision 

NHTSA Analyses: NHTSA has 

reviewed and accepts RAUS’s analysis 

that the subject noncompliance is 

inconsequential to motor vehicle safety. 

Specifically, the labeling interval of the 

brake hose ranging from 6.5 inches to 

11.5 inches poses little if any risk to 

motor vehicle safety given the fact that 

every product manufactured by RAUS is 

labeled with all information required by 

FMVSS No. 106. 

RAUS stated that the subject hoses are 

sold to only one vehicle manufacturer, 

Volvo Trucks North America (VTNA) 

and are marked with all the required 

identifiers. In addition, RAUS states that 

the subject hoses meet all FMVSS No. 

106 requirements other than the labeling 

interval. As part of NHTSA’s review of 

RAUS’s petition, NHTSA contacted 

RAUS to verify that every hose 

produced is in fact labeled. RAUS 

responded that the subject hoses are 

manufactured in continuous lengths 

that are labeled. Then the subject bulk 

hose is shipped or transported from 

RAUS’s facilities to VTNA on cardboard 

reels. RAUS stated that VTNA cuts 

individual hoses from the bulk hose and 

installs them onto vehicle chassis 

frames. The chassis frames and hoses 

are painted after the brake hoses are 

installed on the chassis. 

NHTSA evaluated if having the 

required labeling information in 

intervals of 6.5 to 11.5 inches was 

inconsequential to safety under these 

circumstances. NHTSA reiterates the 

need for brake hose labeling required by 

paragraph S7.2 of FMVSS No. 106 

which can be summarized as: (a) The 

symbol DOT, constituting the 

manufacturer’s certification that the 

hose conforms to all applicable FMVSS; 

(b) manufacturer’s designation; (c) date 

of manufacture; (d) nominal inside hose 

diameter; and (e) hose type designation. 

In this situation, all required labeling 

was present on every item sold by 

RAUS to VTNA. The bulk hose was 

labeled at an interval that ranged from 

6.5 to 11.5 inch. NHTSA agrees that the 

users of the bulk brake hose would have 

ready access to all required information 

during handling and processing of the 

bulk hose. Furthermore, NHTSA agrees 

with RAUS, that in the event of a recall, 

RAUS or VTNA would be able to easily 

identify the subject hoses by the 

required markings on the bulk hose 


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Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices 49265 

before the hose is cut or installed in 

vehicles. 

As part of its analysis, NHTSA also 

considered if the hoses need to be 

labeled after they are installed on 

vehicles. Paragraph S7.2.1 of FMVSS 

No. 106 states ‘‘. . . The information 

need not be present on hose that is sold 

as part of a brake hose assembly or a 

motor vehicle.’’ The vehicle 

manufacturer who installs the subject 

hoses into their vehicles, in this case 

VTNA, is required to certify the vehicles 

they manufacture meet all applicable 

Federal Motor Vehicle Safety Standards, 

including FMVSS No. 106. Therefore, 

VTNA, by cutting and installing the 

hose on its vehicles takes responsibility 

for the hose as part of the vehicle. 

Should there be an issue with the brake 

hoses installed on VTNA vehicles, 

VTNA would be responsible for 

identifying scope and conducting a 

recall of the vehicles. 

RAUS stated that on August 30, 2016, 

they recalibrated their equipment and 

implemented quality checks to ensure 

compliance of all future hoses delivered 

to VTNA. 

NHTSA’s Decision: In consideration 

of the foregoing, NHTSA finds that 

RAUS has met its burden of persuasion 

that the subject FMVSS No. 106 

noncompliance is inconsequential to 

motor vehicle safety. Accordingly, 

NHTSA hereby grants RAUS’s petition 

and RAUS is consequently exempted 

from the obligation of providing 

notification of, and a free remedy for, 

that 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 

hoses that RAUS no longer controlled at 

the time it determined that the 

noncompliance existed. However, the 

granting of this petition does not relieve 

equipment distributors and dealers of 

the prohibitions on the sale, offer for 

sale, or introduction or delivery for 

introduction into interstate commerce of 

the noncompliant hoses under their 

control after RAUS 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). 

Jeffrey M. Giuseppe, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2017–22993 Filed 10–23–17; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for REG–132455–11 Reporting 

of Minimum Essential Coverage (TD 

9660–Final) 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of information collection; 

request for comments. 

SUMMARY: The Internal Revenue Service 

(IRS), 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 Form 1094–B, Transmittal of 

Health Coverage Information Returns 

and Form 1095–B, Health Coverage. 

DATES: Written comments should be 

received on or before December 26, 2017 

to be assured of consideration. 

ADDRESSES: Direct all written comments 

to L. Brimmer, Internal Revenue 

Service, Room 6526, 1111 Constitution 

Avenue NW., Washington, DC 20224. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the regulation should be 

directed to Taquesha Cain, at (202) 317– 

8979, Room 6526, 1111 Constitution 

Avenue NW., Washington, DC 20224, or 

through the internet at 

Taquesha.R.Cain@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Transmittal of Health Coverage 

Information Returns and Health 

Coverage. 

OMB Number: 1545–2252. 

Form Number: 1094–B and 1095–B. 

Abstract: The Form 1094–B and Form 

1095–B under the authority of IRC 

section 6055, added by Public Law 111– 

148, Patient Protection and Affordable 

Care Act (ACA), section 1502(a). Section 

6055(a) requires every health insurance 

issuer, sponsor of a self-insured health 

plan, government agency that 

administers government-sponsored 

health insurance programs and other 

entity that provides minimum essential 

coverage to file annual returns reporting 

information for each individual for 

whom minimum essential coverage is 

provided. Form 1094–B, serves as a 

transmittal for Form 1095–B, Health 

Coverage. 

Current Actions: There is no change to 

this existing regulation. However, the 

agency has updated the number of 

respondents to reflect the most recent 

data available. 

Type of Review: Revision of a 

currently approved collection. 

Affected Public: Business or other forprofit organizations, not-for-profit 

institutions, farms, and state, local, or 

tribal governments. 

1094–B: 

Estimated Number of Respondents: 

30,000. 

Estimated Time per Respondent: 10 

minutes. 

Estimated Total Annual Burden 

Hours: 5,000. 

1095–B: 

Estimated Number of Respondents: 

125,000,000. 

Estimated Time per Respondent: 1 

minute. 

Estimated Total Annual Burden 

Hours: 2,083,333. 

The following paragraph applies to all 

of 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 as long as 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, 


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