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Federal Register/Vol. 85, No. 133/Friday, July 10, 2020/Notices

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Federal Register/Vol. 85, No. 133/Friday, July 10, 2020/Notices 41670 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices series, aircraft registration number, requests. These would all be initial MEL Transportation, Docket Operations, M– aircraft serial number, the proposed requests and result in an additional 30, West Building Ground Floor, Room MEL, and nonessential equipment and 33,200 hours each year for the first 5 W12–140, 1200 New Jersey Avenue SE, furnishings list, if applicable. years. Washington, DC 20590. The Docket The FAA currently issues MEL 1,660 × 20 hours = 33,200 hours Section is open on weekdays from 10 approvals under the provisions of Therefore, for the first 5 years, we a.m. to 5 p.m. except for Federal § 91.213(a) through two methods: (1) anticipate an annual burden of 55,392 holidays. • D095 LOA and (2) D195 LOA. The FAA hours (22,192 + 33,200) and 22,192 Electronically: Submit comments is simplifying § 91.213(a) MEL hours thereafter, resulting in an average electronically by logging onto the approvals by transitioning to one of 38,792 hours per year. Federal Docket Management System method of approval, LOA D195, and (FDMS) website at https:// streamlining the application and Issued in Washington, DC, on July 7, 2020. www.regulations.gov/. Follow the online approval process to reduce regulatory Dwayne C. Morris, instructions for submitting comments. costs, burdens, and delays. While Project Manager, Flight Standards Service, • Comments may also be faxed to developing this new § 91.213(a) LOA General Aviation and Commercial Division. (202) 493–2251. policy, the FAA discovered that [FR Doc. 2020–14952 Filed 7–9–20; 8:45 am] Comments must be written in the approval for information collection was BILLING CODE 4910–13–P English language, and be no greater than inadvertently overlooked during the 15 pages in length, although there is no § 91.213 rulemaking process. We now limit to the length of necessary seek to remedy that omission. DEPARTMENT OF TRANSPORTATION attachments to the comments. If Respondents: Approximately 2,638 comments are submitted in hard copy National Highway Traffic Safety aircraft operators of U.S.-registered form, please ensure that two copies are Administration aircraft who desire to operate under 14 provided. If you wish to receive CFR 91.213(a). [Docket No. NHTSA–2020–0066; Notice 1] confirmation that comments you have Frequency: One time for the initial submitted by mail were received, please request for MEL approval and LOA Volkswagen Group of America, Inc., enclose a stamped, self-addressed issuance, and thereafter for MEL Receipt of Petition for Decision of postcard with the comments. Note that revision. Inconsequential Noncompliance all comments received will be posted Estimated Average Burden per AGENCY: National Highway Traffic without change to https:// Response: 20 hours for initial approval; Safety Administration (NHTSA), www.regulations.gov, including any 4 hours for revision Department of Transportation (DOT). personal information provided. Estimated Total Annual Burden: We ACTION: Receipt of petition. All comments and supporting estimate the average annual burden for materials received before the close of the first 10 years will be 38,792 hours. SUMMARY: Volkswagen Group of business on the closing date indicated Due to implementation of new MEL America, Inc., (Volkswagen) has above will be filed in the docket and policy, we anticipate an annual burden determined that certain model year will be considered. All comments and of 55,392 hours for the first 5 years and (MY) 2019 2020 Volkswagen and Audi supporting materials received after the 22,192 hours thereafter, resulting in a motor vehicles do not fully comply with closing date will also be filed and will 10-year average of 38,792 hours per Federal Motor Vehicle Safety Standard be considered to the fullest extent year. Our rationale follows: (FMVSS) No. 138, Tire Pressure possible. The FAA Aerospace Forecast for Monitoring Systems. Volkswagen filed a When the petition is granted or Fiscal Years 2020–2040 projects the noncompliance report dated May 6, denied, notice of the decision will also general aviation fleet to decline slightly, 2020, and later amended it on May 15, be published in the Federal Register rounded up to an average of 0% change 2020. Volkswagen subsequently pursuant to the authority indicated at annually. Therefore, we will use the petitioned NHTSA on May 20, 2020, the end of this notice. current average of 1308 part 91 MEL and later amended it on June 8, 2020, All comments, background LOAs issued per year. Over the past 4 for a decision that the subject documentation, and supporting years, 81% of these LOAs were for noncompliance is inconsequential as it materials submitted to the docket may initial MEL approval and 19% were for relates to motor vehicle safety. This be viewed by anyone at the address and MEL revision. We estimate a 20 hour notice announces receipt of times given above. The documents may burden for an initial MEL request and a Volkswagen’s petition. also be viewed on the internet at https:// 4 hour burden for an MEL revision. This DATES: Send comments on or before www.regulations.gov by following the results in an annual burden of 22,192 August 10, 2020. online instructions for accessing the hours. docket. The docket ID number for this × × ADDRESSES: Interested persons are 1,308 81% = 1,060; 1,060 20 hours invited to submit written data, views, petition is shown in the heading of this = 21,200 hours notice. × × and arguments on this petition. 1,308 19% = 248; 248 4 hours = 992 Comments must refer to the docket and DOT’s complete Privacy Act hours notice number cited in the title of this Statement is available for review in a 21,200 hours + 992 hours = 22,192 notice and submitted by any of the Federal Register notice published on hours following methods: April 11, 2000 (65 FR 19477–78). Additionally, there are 8,300 active • Mail: Send comments by mail SUPPLEMENTARY INFORMATION: D095 LOAs. The new FAA policy will addressed to the U.S. Department of I. Overview: Volkswagen has phase out the use of D095 over five Transportation, Docket Operations, M– determined that certain MY 2019 2020 years. Holders of D095 LOAs who wish 30, West Building Ground Floor, Room Volkswagen and Audi motor vehicles do to operate under § 91.213(a) must W12–140, 1200 New Jersey Avenue SE, not fully comply with the requirements request D195 LOA issuance. Therefore, Washington, DC 20590. of paragraph S6(f)(3) of FMVSS No. 138, on average, for the first 5 years, we • Hand Delivery: Deliver comments Tire Pressure Monitoring Systems (49 anticipate an additional 1,660 MEL LOA by hand to the U.S. Department of CFR 571.138). Volkswagen filed a VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 E:\FR\FM\10JYN1.SGM 10JYN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices 41671 noncompliance report dated May 6, reflect the views of the Agency. has it been made aware of any accidents 2020, and later amended it on May 15, Volkswagen described the subject or injuries that have occurred as a result 2020, pursuant to 49 CFR part 573, noncompliance and stated their belief of this issue. Defect and Noncompliance that the noncompliance is Volkswagen concluded by expressing Responsibility and Reports. Volkswagen inconsequential as it relates to motor its belief that the subject noncompliance subsequently petitioned NHTSA on May vehicle safety. is inconsequential as it relates to motor 20, 2020, but amended it on June 8, In support of its petition, Volkswagen vehicle safety, and that its petition to be 2020, for an exemption from the submitted the following reasoning: exempted from providing notification of notification and remedy requirements of 1. A rapid tire pressure loss on one or the noncompliance, as required by 49 49 U.S.C. Chapter 301 on the basis that more tires is accurately detected and the U.S.C. 30118, and a remedy for the this noncompliance is inconsequential low tire pressure warning telltale will noncompliance, as required by 49 as it relates to motor vehicle safety, illuminate and warn the driver. U.S.C. 30120, should be granted. pursuant to 49 U.S.C. 30118(d) and 2. A pressure loss on fewer than four NHTSA notes that the statutory 30120(h) and 49 CFR part 556, tires at the same time and rate will be provisions (49 U.S.C. 30118(d) and Exemption for Inconsequential Defect or detected, and the low tire pressure 30120(h)) that permit manufacturers to Noncompliance. warning telltale will illuminate and file petitions for a determination of This notice of receipt of Volkswagen’s warn the driver. inconsequentiality allow NHTSA to petition is published under 49 U.S.C. 3. A simultaneous pressure loss on all exempt manufacturers only from the 30118 and 30120 and does not represent four tires at the same rate will be duties found in sections 30118 and any Agency decision or other exercise of detected and indicated to the driver, but 30120, respectively, to notify owners, judgment concerning the merits of the not in the required 20 minutes. Internal purchasers, and dealers of a defect or petition. tests have shown that in those tests noncompliance and to remedy the II. Vehicles Involved: Approximately where the pressure loss was not defect or noncompliance. Therefore, any 299,043 of the following MY 2019–2020 detected in 20 minutes, a warning to the decision on this petition only applies to Volkswagen and Audi motor vehicles driver was still shown in under 50 the subject vehicles that Volkswagen no manufactured between November 26, minutes.
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