2900-0399 30-Day FRN

2900-0399 30-Day FRN.pdf

Student Beneficiary Report - REPS (Restored Entitlement Program for Survivors) (VA Forms 21P-8938 & 21P-8938-1)

2900-0399 30-Day FRN

OMB: 2900-0399

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57816

Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices

sradovich on DSK3GMQ082PROD with NOTICES

assembly is a complex process in the
modern motor vehicle, unlike the
vehicles in the past that the S4.1
provisions were intended to address.
• All Mopar Service Seat Belt
assemblies are properly labeled with the
correct service part number so that the
correct parts are shipped to FCA US
dealerships for use on specific make,
model and model year vehicles and
specific seating positions.
• The owner’s manual for the FCA US
vehicles at issue have always provided
instruction about proper usage and
maintenance information for seatbelts to
the vehicle owner and operator.
Therefore, incorrect usage and
maintenance by the vehicle owner is
highly unlikely. The seatbelt usage
requirement language S4.1(l) is far
exceeded in any of the vehicle owner’s
manuals implicated by the recall.
• In over 25 years and hundreds of
thousands of parts sales, FCA US is not
aware of a single field incident or
consumer complaint arising from the
absence of an I-Sheet during the sale of
any Mopar Service Seat Belt assemblies.
There have been many instances of
similar documentation omissions where
the agency has granted inconsequential
treatment. NHTSA has granted similar
petitions for noncompliance with seat
belt assembly installation and usage
instruction standards. See Mitsubishi
Motors North America, Inc. (77 FR
24762, April 25, 2012); Bentley Motors,
Inc. (75 FR 35877, September 20, 2011);
Hyundai Motor Company (73 FR 49238,
March 2, 2009); Ford Motor Company
(73 FR 11462, March 3, 2008); Mazda
North America Operations (73 FR
11464, March 3, 2008); Ford Motor
Company (73 FR 63051, October 22,
2008); and TRW, Inc. (58 FR 7171,
February 4, 1993).
The most notable grant of
inconsequential treatment, and one
which is substantially similar to
equipment recall T49 (NHTSA 17E–
039), is Subaru of America, Inc. (65 FR
67471, November 9, 2000), where the
agency made the following succinct
observations:
There seems to be little need for the
installation instructions with replacements
for original equipment seat belts. The SAE
J800c Recommended Practice incorporated in
FMVSS No. 209 appears to have been written
as a guide on how to install a seat belt where
one does not exist. The Recommended
Practice discusses such things as how to
determine the correct location for
anchorages, how to create adequate
anchorages and how to properly attach
webbing to the newly installed anchorages.
These instructions do not apply to today’s
replacement market. Additionally, vehicle
manufacturers provide service manuals on
how seat belts should be replaced. NHTSA

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does not believe the ‘‘how to’’ instructions
are necessary in this case. Next, we note that
the subject seat belt assemblies were
distributed without the required ‘usage and
maintenance instructions’ specified in
FMVSS No. 209, S4.1(l), which requires that
seat belt assemblies sold as replacement
equipment have owner instructions on how
to wear the seat belt and how to properly
thread the webbing on seat belts where the
webbing is not permanently attached.
NHTSA believes that the proper usage is
adequately described in the vehicle owner’s
manual. NHTSA does not believe that
instructions about the proper threading of
webbing is applicable to modern original
equipment automobile seat belt systems. This
second instruction sheet is either duplicated
in the owner’s manual or not applicable.

FCS US understands that while
FMVSS No. 209 S4.1(k) and S4.1(l) may
be somewhat antiquated, it is
nevertheless required to fully comply
with this safety standard. In this regard
FCA US has made process changes to
ensure that hard copies of the I-Sheets
will be included with all Mopar Service
Seat Belt assemblies shipped to its
dealers. Moreover, FCA US has
implemented changes in its part
ordering process to ensure that all ISheets for Mopar Service Seat Belt
assemblies affected by recall T49
(NHTSA 17E–039) have been uploaded
to on-line resources (StarPartsTM and
DealerCONNECT) and directly linked to
the specific Mopar Service Seat Belt part
numbers. Going forward, this hard copy
and on-line mating of the service parts
and S4.1(k) and S4.1(l) instructions will
ensure that the documentation
requirement of FMVSS No. 209 will be
met.
FCA US 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 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, any
decision on this petition only applies to
the subject vehicles that FCA US no
longer controlled at the time it
determined that the noncompliance
existed. However, any decision on this
petition does not relieve vehicle
distributors and dealers of the

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prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant vehicles under their
control after FCA US 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,
Associate Administrator for Enforcement.
[FR Doc. 2017–26425 Filed 12–6–17; 8:45 am]
BILLING CODE 4910–59–P

DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0399]

Agency Information Collection Activity
Under OMB Review: Student
Beneficiary Report—REPS (Restored
Entitlement Program for Survivors)
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:

In compliance with the
Paperwork Reduction Act (PRA) of
1995, this notice announces that the
Veterans Benefits Administration
(VBA), Department of Veterans Affairs,
will submit the collection of
information abstracted below to the
Office of Management and Budget
(OMB) for review and comment. The
PRA submission describes the nature of
the information collection and its
expected cost and burden and it
includes the actual data collection
instrument.

SUMMARY:

Comments must be submitted on
or before January 8, 2018.
ADDRESSES: Submit written comments
on the collection of information through
www.Regulations.gov, or to Office of
Information and Regulatory Affairs,
Office of Management and Budget, Attn:
VA Desk Officer; 725 17th St. NW.,
Washington, DC 20503 or sent through
electronic mail to oira_submission@
omb.eop.gov. Please refer to ‘‘OMB
Control No. 2900–0399’’ in any
correspondence.
DATES:

FOR FURTHER INFORMATION CONTACT:

Cynthia Harvey-Pryor, Office of Quality,
Privacy and Risk, Department of
Veterans Affairs, 811 Vermont Avenue,
Floor 5, Area 368, Washington, DC
20420, (202) 461–5870 or email
[email protected]. Please
refer to ‘‘OMB Control No. 2900–0399’’
in any correspondence.
SUPPLEMENTARY INFORMATION:

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Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices

sradovich on DSK3GMQ082PROD with NOTICES

Authority: 42 U.S.C. 402; Executive Order
12436.

Title: Student Beneficiary Report—
REPS (Restored Entitlement Program for
Survivors) (VA Forms 21P–8938 & 21P–
8938–1).
OMB Control Number: 2900–0399.
Type of Review: Revision of a
currently approved collection.
Abstract: Restored Entitlement
Program for Survivors (REPS) benefits
are payable to certain surviving spouses
and children of veterans who died in
service prior to August 13, 1981 or who
died as a result of a service-connected
disability incurred or aggravated prior to
August 13, 1981. Child beneficiaries
over age 18 and under age 23 must be
enrolled full-time in an approved postsecondary school.
Executive Order 12436 ‘‘Payment of
Certain Benefits to Survivors of Persons
Who Died In or As A Result of Military
Service’’ (found at 42 U.S.C. 402 (Note))
directs VA administer the provisions of
Public Law 97–377 Section 156. VA
codified this authority at 38 CFR 3.812.
VBA uses VA Forms 21–8938 and 21–
8938–1 to verify that a surviving child
who is receiving REPS benefits based on
schoolchild status is in fact enrolled
full-time in an approved school and is
otherwise eligible for continued
benefits. VA Form 21–8938 is generated
by VA’s central computer system each
March and sent to all student
beneficiaries. If the completed form is
not received by the end of May, the
beneficiary is sent a system-generated
due process letter with another VA
Form 21–8938. VBA uses VA Form 21–
8938–1 if another copy of the form is
needed by a respondent.
The VA Form number is being
changed to ‘‘21P–8941’’ to reflect
Pension and Fiduciary Service’s
responsibility for the form.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The Federal Register
Notice with a 60-day comment period
soliciting comments on this collection
of information was published at 82 FR
45363 on September 28, 2017.
Affected Public: Individuals and
households.
Estimated Annual Burden: 1,767
hours.
Estimated Average Burden per
Respondent: 20 minutes.
Frequency of Response: Annually.
Estimated Number of Respondents:
5,300.

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18:50 Dec 06, 2017

Jkt 244001

By direction of the Secretary.
Cynthia Harvey-Pryor,
Department Clearance Officer, Office of
Quality, Privacy and Risk, Department of
Veterans Affairs.
[FR Doc. 2017–26315 Filed 12–6–17; 8:45 am]
BILLING CODE 8320–01–P

DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0394]

Agency Information Collection Activity
Under OMB Review: Certification of
School Attendance—REPS
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:

In compliance with the
Paperwork Reduction Act (PRA) of
1995, this notice announces that the
Veterans Benefits Administration
(VBA), Department of Veterans Affairs,
will submit the collection of
information abstracted below to the
Office of Management and Budget
(OMB) for review and comment. The
PRA submission describes the nature of
the information collection and its
expected cost and burden and it
includes the actual data collection
instrument.
DATES: Comments must be submitted on
or before January 8, 2018.
ADDRESSES: Submit written comments
on the collection of information through
www.Regulations.gov, or to Office of
Information and Regulatory Affairs,
Office of Management and Budget, Attn:
VA Desk Officer; 725 17th St. NW.,
Washington, DC 20503 or sent through
electronic mail to oira_submission@
omb.eop.gov. Please refer to ‘‘OMB
Control No. 2900–0394’’ in any
correspondence.
FOR FURTHER INFORMATION CONTACT:
Cynthia Harvey-Pryor, Office of Quality,
Privacy and Risk, Department of
Veterans Affairs, 811 Vermont Avenue,
Floor 5, Area 368, Washington, DC
20420, (202) 461–5870 or email
[email protected]. Please
refer to ‘‘OMB Control No. 2900–0394’’
in any correspondence.
SUPPLEMENTARY INFORMATION:
SUMMARY:

Authority: Public Law 97–377 Section 156;
42 U.S.C. 402; Executive Order 12436.

Title: Certification of School
Attendance—REPS (VA Form 21P–
8926)
OMB Control Number: 2900–0394.
Type of Review: Reinstatement with
change of a currently approved
collection.

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Fmt 4703

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57817

Abstract: Restored Entitlement
Program for Survivors (REPS) benefits
are payable to certain surviving spouses
and children of veterans who died in
service prior to August 13, 1981 or who
died as a result of a service-connected
disability incurred or aggravated prior to
August 13, 1981. Child beneficiaries
over age 18 and under age 23 must be
enrolled full-time in an approved postsecondary school.
VBA uses VA Form 21–8926 to verify
that a beneficiary who is receiving REPS
benefits based on schoolchild status is
enrolled full-time in an approved school
and is otherwise eligible for continued
benefits. VBA has used the information
collected to make such benefit eligibility
determinations and ensure REPS
payments are issued properly.
This form number has been updated
to ‘‘21P–8926’’ from ‘‘21–8926’’ to
reflect change of ownership of the form
to VBA’s Pension and Fiduciary Service.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The Federal Register
Notice with a 60-day comment period
soliciting comments on this collection
of information was published at 82 FR
45112 on November 27, 2017.
Affected Public: Individuals and
households.
Estimated Annual Burden: 300 hours.
Estimated Average Burden per
Respondent: 15 minutes.
Frequency of Response: Annual.
Estimated Number of Respondents:
1,200.
By direction of the Secretary.
Cynthia Harvey-Pryor,
Department Clearance Officer, Office of
Quality, Privacy and Risk, Department of
Veterans Affairs.
[FR Doc. 2017–26313 Filed 12–6–17; 8:45 am]
BILLING CODE 8320–01–P

DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0405]

Agency Information Collection Activity
Under OMB Review: REPS Annual
Eligibility Report
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:

In compliance with the
Paperwork Reduction Act (PRA) of
1995, this notice announces that the
Veterans Benefits Administration
(VBA), Department of Veterans Affairs,

SUMMARY:

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