[Federal Register: July 14, 2006 (Volume 71, Number 135)]
[Notices]
[Page 40105-40106]
[DOCID:fr14jy06-75]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0579; FRL-8077-3]

Notice of Filing of Pesticide Petitions for Establishment and
Amendment of Regulations for Residues of Pesticide Chemical Spinosad in
or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of pesticide
petitions proposing the establishment and amendment of regulations for
residues of spinosad in or on hops, and amaranth, grain, stover; and to
amend by increasing existing tolerances for cattle, meat; sheep, meat;
goat, meat; horse, meat; poultry, meat; cattle, fat; sheep, fat; goat,
fat; horse, fat; poultry, fat; milk; milk, fat; and egg. Additionally,
existing tolerances for meat byproducts which are currently based on
residues in liver will be amended to establish separate liver
tolerances and lower the meat byproducts tolerances which will now be
based on residues in the kidney as follows: Cattle, meat byproducts,
except liver; sheep, meat byproducts, except liver; goat, meat
byproducts, except liver; horse, meat byproducts, except liver;
poultry, meat byproducts, except liver; cattle, liver; sheep, liver;
goat, liver; and horse, liver.

DATES: Comments must be received on or before August 14, 2006.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0579 and pesticide petition numbers (PP)
3E6802 and 6E7068, by one of the following methods:
     Federal eRulemaking Portal:  http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0579. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation
of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Sidney Jackson, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or

CD ROM the specific information that is claimed as CBI. In addition to
one complete version of the comment that includes information claimed
as CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
     2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What Action is the Agency Taking?

    EPA is printing a summary of each pesticide petition received under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, proposing the establishment or amendment of regulations in
40 CFR part 180 for residues of pesticide chemicals in or on various
food commodities. EPA has determined that these pesticide petitions
contains data or information regarding the elements set forth in FFDCA
section 408(d)(2); however, EPA has not fully evaluated the sufficiency
of the submitted data at this time or whether the data support granting
of these pesticide petitions. Additional data may be needed before EPA
rules on these pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of the petitions included in
this notice, prepared by the petitioner along with a description of the
analytical method available for the detection and measurement of the
pesticide chemical residues is available on EPA's Electronic Docket at
http://www.regulations.gov. To locate this information on the home page

of EPA's Electronic Docket, select ``Quick Search'' and type the OPP
docket ID number. Once the search has located the docket, clicking on
the ``Docket ID'' will bring up a list of all documents in the docket
for the pesticide including the petition summary.

New and Amended Tolerances

     PP 3E6802 and 6E7068. The Interregional Research Project No. 4
(IR-4), 681 Highway 1 South, North Brunswick, NJ 08902-3390, proposes
to establish tolerances for residues of the insecticide spinosad in or
on food commodities: Hops at 22 parts per million (ppm) (6E7068); and
amaranth, grain, stover at 10 ppm (3E6802); and to increase existing
tolerances for cattle, meat at 2 ppm (3E6802); sheep, meat at 2 ppm
(3E6802); goat, meat at 2 ppm (3E6802); horse, meat at 2 ppm (3E6802);
poultry, meat at 0.1 ppm; cattle, fat at 50 ppm (3E6802); sheep, fat at
50 ppm (3E6802); goat, fat at 50 ppm (3E6802); horse, fat at 50 ppm
(3E6802); poultry, fat at 1.3 ppm; milk at 7.0 ppm (3E6802); milk, fat
at 85 ppm (3E6802); and egg at 0.3 ppm (3E6802).
    Additionally, existing tolerances for meat by products which are
currently based on residues in liver will be amended to establish
separate liver tolerances and lower the meat byproducts tolerances
which will now be based on residues in the kidney as follows: Cattle,
meat byproducts, except liver at 5 ppm (3E6802); sheep, meat
byproducts, except liver at 5 ppm (3E6802); goat, meat byproducts,
except liver at 5 ppm (3E6802); horse, meat byproducts, except liver at
5 ppm (3E6802); poultry meat byproducts tolerance raised from 0.03 ppm
and set at 0.1 ppm (3E6802); cattle, liver at 10 ppm (3E6802); sheep,
liver at 10 ppm (3E6802); goat, liver at 10 ppm (3E6802); and horse,
liver at 10 ppm (3E6802).
There is a practical method liquid chromotography mass spectrometry -
atmospheric pressure chemical ionization (LCMS-APCI) for detecting and
measuring levels of spinosad in or on food with a limit of detection
(0.002 ppm) that allows monitoring of food with residues at or above
the level set for these tolerances. The method had undergone successful
EPA laboratory validation is use to measure and evaluate the chemical
residues.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: June 30, 2006.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E6-11003 Filed 7-13-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Notices]
[Page 71967]
[FR Doc No: 2011-29928]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12740-003-VA]

Jordan Hydroelectric Limited Partnership; Notice of Availability
of Final Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's regulations, 18 CFR Part
380 (Order No. 486, 52 FR 47897), the Office of Energy Projects has
reviewed the application for an original license for the 3.0-megawatt
(MW) Flannagan Hydroelectric Project located on the Pound River, at the
U.S. Army Corps of Engineers' (Corps) John W. Flannagan Dam and
Reservoir, near the Town of Clintwood, in Dickenson County, Virginia,
and prepared a final Environmental Assessment (EA). In the final EA,
Commission staff assess the potential environmental effects of
licensing the project and conclude that issuing a license for the
project, with appropriate environmental measures, would not constitute
a major federal action significantly affecting the quality of the human
environment.
    A copy of the final EA is on file with the Commission and is
available for public inspection. The final EA may also be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at (866)
208-3676, or for TTY,<PHONE_NUMBER>.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: November 10, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-29928 Filed 11-18-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Notices]
[Pages 11079-11080]
[FR Doc No: 2022-04153]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-0030]

Fresenius Kabi USA, LLC, et al.; Withdrawal of Approval of Five
Abbreviated New Drug Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is
withdrawing approval of five abbreviated new drug applications (ANDAs)
from multiple applicants. The applicants notified the Agency in writing
that the drug products were no longer marketed and requested that the
approval of the applications be withdrawn.

DATES: Approval is withdrawn as of March 30, 2022

FOR FURTHER INFORMATION CONTACT: Martha Nguyen, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 75, Rm. 1676, Silver Spring, MD 20993-0002, 240-
402-6980, [email protected].

SUPPLEMENTARY INFORMATION: The applicants listed in the table have
informed FDA that these drug products are no longer marketed and have
requested that FDA withdraw approval of the applications under the
process described in Sec.  314.150(c) (21 CFR 314.150(c)). The
applicants have also, by their requests, waived their opportunity for a
hearing. Withdrawal of approval of an application or abbreviated
application under Sec.  314.150(c) is without prejudice to refiling.

------------------------------------------------------------------------
    Application No.                Drug                  Applicant
------------------------------------------------------------------------
ANDA 065408............  Epirubicin               Fresenius Kabi USA,
                          Hydrochloride (HCl)      LLC, Three Corporate
                          Injection, 150           Dr., Lake Zurich, IL
                          milligrams (mg)/75       60047.
                          milliliters (mL) (2 mg/
                          mL), 10 mg/5 mL (2 mg/
                          mL), 50 mg/25 mL (2 mg/
                          mL), and 200 mg/100 mL
                          (2 mg/mL).
ANDA 065411............  Epirubicin HCl           Do.
                          Injection, 200 mg/100
                          mL (2 mg/mL) and 50 mg/
                          25 mL (2 mg/mL).
ANDA 065440............  Idarubicin HCl           Do.
                          Injection, 1 mg/mL.
ANDA 077790............  Fludarabine Phosphate    Hospira, Inc., 275
                          for Injection, 50 mg/    North Field Dr., Lake
                          vial.                    Forest, IL 60045.
ANDA 091008............  Gabapentin Capsules,     Jiangsu Hengrui
                          100 mg, 300 mg, and      Pharmaceuticals Co.,
                          400 mg.                  Ltd., U.S. Agent,
                                                   Venus Pharmaceutical
                                                   Laboratories Inc.,
                                                   506 Carnegie Center,
                                                   Suite 100, Princeton,
                                                   NJ 08540.
------------------------------------------------------------------------

    Therefore, approval of the applications listed in the table, and
all amendments and supplements thereto, is hereby withdrawn as of March
30, 2022. Approval of each entire application is withdrawn, including
any strengths and dosage forms inadvertently missing from the table.
Introduction or delivery for introduction into interstate commerce of
products without approved new drug applications violates section 301(a)
and (d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(a)
and (d)). Drug products that are listed in the table that are in
inventory on March 30, 2022 may continue to be dispensed until the
inventories have been depleted or the drug products have reached their
expiration dates or otherwise become violative, whichever occurs first.

    Dated: February 18, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-04153 Filed 2-25-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Rules and Regulations]
[Pages 50307-50308]
[FR Doc No: 2019-20681]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1989-0011; FRL-10000-36-Region 3]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Novak Sanitary
Landfill Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 3 announces
the partial deletion of the Novak Sanitary Landfill Superfund Site
(Site) located in South Whitehall Township, Pennsylvania, from the
National Priorities List (NPL). The NPL, promulgated pursuant to
section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
The EPA and the Commonwealth of Pennsylvania, through the Pennsylvania
Department of Environmental Protection (PADEP), have determined that
all appropriate response actions to address the groundwater portion of
the Site, other than monitoring, operations and maintenance, and Five-
Year Reviews (FYRs), have been completed. However, this deletion does
not preclude future actions under Superfund. This partial deletion
pertains only to the groundwater portion of the Site. The landfill and
landfill gas components of the Site will remain on the NPL and are not
being considered for deletion as part of this action.

DATES: This action is effective September 25, 2019.

ADDRESSES: Docket: EPA has established a docket for this action under
Docket Identification No. EPA-HQ-SFUND-

1989-0011. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the site information repositories. Locations, contacts, phone numbers
and viewing hours are:
    USEPA Region III Administrative Records Room, 1650 Arch Street--6th
Floor, Philadelphia, Pennsylvania 19103-2029,<PHONE_NUMBER>. Business
Hours: Monday through Friday, 8:00 a.m.-4:30 p.m.; by appointment only.
    Local Repository: Parkland Community Library, 4422 Walbert Avenue,
Allentown, Pennsylvania 18104,<PHONE_NUMBER>. Business Hours: Monday
through Thursday 9 a.m.-9 p.m.; Friday 9 a.m.-6 p.m.; Saturday 9 a.m.-1
p.m.; closed Sunday.

FOR FURTHER INFORMATION CONTACT: Rombel Arquines, Remedial Project
Manager, U.S. Environmental Protection Agency, Region III, (3SD21),
1650 Arch Street, Philadelphia, PA 19103,<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The potion of the site to be deleted from
the NPL is the groundwater of the Novak Sanitary Landfill Superfund
Site, South Whitehall Township, Lehigh County, Pennsylvania. A Notice
of Intent for Partial Deletion for this Site was published in the
Federal Register (84 FR 38905) on August 8, 2019.
    The closing date for comments on the Notice of Intent for Partial
Deletion was September 9, 2019. No public comments were received.
    EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment.
Deletion from the NPL does not preclude further remedial action.
Whenever there is a significant release from a site deleted from the
NPL, the deleted site may be restored to the NPL without application of
the hazard ranking system. Deletion of a site from the NPL does not
affect responsible party liability in the unlikely event that future
conditions warrant further actions.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Dated: September 17, 2019.
 Cosmo Servidio,
Regional Administrator, Region III.

    For reasons set out in the preamble, 40 CFR part 300 is amended as
follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.

0
2. Table 1 of appendix B to part 300 is amended by revising the entry
for ``PA, Novak Sanitary Landfill'' to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
                State                        Site name               City/county                Notes \a\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
PA..................................  Novak Sanitary Landfill  South Whitehall          P
                                                                Township.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS
  score need not be greater than or equal to 28.50).
 * * * * * * *
P = Sites with partial deletion(s).

* * * * *
[FR Doc. 2019-20681 Filed 9-24-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Notices]
[Pages 57216-57218]
[FR Doc No: 2013-22561]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0165; Notice 1]

General Motors, LLC, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: General Motors, LLC (GM) \1\ has determined that certain model
year (MY) 2011 through 2013 Buick Regal and MY 2013 Chevrolet Malibu
passenger cars may not fully comply with the telltale bulb outage
requirement found in paragraph S5.5.6 of Federal Motor Vehicle Safety
Standard (FMVSS) No 108, Lamps, Reflective Devices, and Associated
Equipment. GM has filed an appropriate report dated October 3, 2012,
pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility
and Reports.
---------------------------------------------------------------------------

    \1\ General Motors, LLC is a manufacturer of motor vehicles and
is registered under the laws of the state of Michigan.

---------------------------------------------------------------------------
DATES: October 17, 2013.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and be
submitted by any of the following methods:
     Mail: Send by mail addressed to: U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Deliver: Deliver comments by hand to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
     Electronically: Submit comments electronically by: logging
onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/. Follow the online instructions for submitting
comments. Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If

comments are submitted in hard copy form, please ensure that two copies
are provided. If you wish to receive confirmation that your comments
were received, please enclose a stamped, self-addressed postcard with
the comments. Note that all comments received will be posted without
change to http://www.regulations.gov, including any personal
information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.

SUPPLEMENTARY INFORMATION:
    I. GM's petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see
implementing rule at 49 CFR Part 556), GM submitted a petition for an
exemption from the notification and remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this noncompliance is inconsequential to
motor vehicle safety.
    This notice of receipt of GM's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    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, these provisions
only apply to the 109,563 \2\ vehicles that GM no longer controlled at
the time it determined that the noncompliance existed.
---------------------------------------------------------------------------

    \2\ GM's petition, which was filed under 49 CFR Part 556,
requests an agency decision to exempt GM as a motor vehicle
manufacturer from the notification and recall responsibilities of 49
CFR Part 573 for the 109,563 affected vehicles. However, a decision
on this petition cannot relieve vehicle distributors and dealers of
the prohibitions on the sale, offer for sale, introduction or
delivery for introduction into interstate commerce of the
noncompliant motor vehicles under their control after GM notified
them that the subject noncompliance existed.
---------------------------------------------------------------------------

    II. Vehicles Involved: Affected are approximately 109,563 MY 2011
through 2013 Buick Regal and MY 2013 Chevrolet Malibu passenger cars
manufactured from January 20, 2010 through September 18, 2012.
    III. Noncompliance: GM explains that the subject vehicles are
equipped with front turn signals, each of which incorporates two light
sources. When both light sources of either front turn signal fail, bulb
outage indication is provided as required by paragraph S5.5.6 of FMVSS
No. 108. However, bulb outage indication is not provided if only one of
the light sources fails in either front turn signal assembly. If a
single bulb fails to illuminate, the turn signal is still illuminated
by the other bulb.
    IV. Rule Text: Paragraph S5.5.6 of FMVSS No. 108 specifically
states:

    S5.5.6 Each vehicle equipped with a turn signal operating unit
shall also have an illuminated pilot indicator. Failure of one or
more turn signal lamps to operate shall be indicated in accordance
with SAE Standard J588e, Turn Signal Lamps, September 1970 . . .

    V. Summary of GM'S Analyses: GM stated its belief that the lack of
bulb outage indication is inconsequential to motor vehicle safety for
the following reasons:
    1. As delivered to the customer the turn signal lamps function
properly and meet all requirements of FMVSS No. 108. This is not a
situation where the photometric output of the turn signals fails to
meet the requirements as delivered to the customer. In fact, the light
output of the normally operating turn signals greatly exceeds the
photometric requirements as produced.
    2. Most drivers will never be affected by the reduction of
photometric output, without outage indication as a result of a single
front bulb failure, because the failure rate of the turn signal bulb is
extremely low. The bulb life of these turn signals is three to four
times the life of the bulbs used in turn signals when the bulb outage
indication requirement was incorporated into the standard. The bulbs
used in the subject front turn signals have a tested life of 1,100
hours at 12.8 volts. Using this information in a Monte Carlo simulation
analysis provides the following results:

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Years...........................................             2.5             5.0             7.5            10.0
Miles...........................................          31,250          62,500          93,750         125,000
No. of Burnouts.................................               0               0               1               4
SIM Vehicles....................................          10,000          10,000          10,000          10,000
Failure IPTV....................................           0.000           0.000           0.400           4.000
----------------------------------------------------------------------------------------------------------------

    Consequently, it is extremely unlikely a driver will experience a
single turn signal bulb failure over the life of the vehicle, and thus
the lack of outage indication, with a single bulb failure, is
inconsequential to motor vehicle safety.

    3. With a single bulb, the turn signal still functions and provides
perceptible indication that the vehicle may be turning. In the
extremely remote case that both light sources were to fail, in either
front turn signal, bulb outage is indicated as required by the
standard.
    4. In the Malibu vehicle, if an outboard front turn bulb is not
working, the inboard bulb continues to meet the photometric
requirements. In this case, the centroid of the light shifts and is
greater than 100 mm from the lit edge of the low beam head lamp. The
light output of the inboard bulb easily meets the minimum photometric
requirements specified in FMVSS No. 108.
    5. If the inboard bulb burns out on the Malibu, or either bulb on
the Regal, the remaining lamp continues to provide light which meets
the photometric requirements in some zones, and comes close to the
requirements in most of the remaining zones. This light exceeds the
standard turn signal photometric requirements, but due to the location
of the turn signal (i.e., the turn signal centroid within 100 mm of the
lit edge of the low beam lamp) the 2.5 multiplier must be applied to
photometric requirements.
    a. For the Malibu turn signal lamps, the photometric requirements
with the 2.5 multiplier, are met in three of the five zones; and are
within 25% of the requirements in a 4th zone.

    b. For the Regal turn signal lamps, the photometric requirements
with the 2.5 multiplier, are met in two of the five zones; and are
within 25% of the requirements in two other zones. The Malibu and Regal
turn signal lamps provide the required light under normal driving
conditions. In the unlikely circumstance that a single bulb stops
functioning, the remaining bulb continues to provide the minimum turn
signal light specified in the standard and is generally within 25% of
the minimum required light after the 2.5 multiplier is applied. In the
case of these vehicles, GM's analysis indicates the light provided by
the single bulb is perceptible to the motoring public.
    GM has additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles will comply with
FMVSS No. 108.
    In summation, GM believes that the described noncompliance of its
vehicles is inconsequential to motor vehicle safety, and that its
petition, to exempt from providing recall notification of noncompliance
as required by 49 U.S.C. 30118 and remedying the recall noncompliance
as required by 49 U.S.C. 30120 should be granted.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-22561 Filed 9-16-13; 8:45 am]
BILLING CODE 4910-59-P