[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Notices]
[Pages 6869-6872]
[FR Doc No: 2022-02478]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-D-0049]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Reporting Harmful and Potentially Harmful Constituents
in Tobacco Products and Tobacco Smoke Under the Federal Food, Drug, and
Cosmetic Act

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing an opportunity for public comment on the proposed collection
of certain information by the Agency. Under the Paperwork Reduction Act
of 1995 (PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on Reporting Harmful and
Potentially Harmful Constituents in Tobacco Products and Tobacco Smoke
Under the Federal Food, Drug, and Cosmetic Act.

DATES: Submit either electronic or written comments on the collection
of information by April 8, 2022.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before April 8, 2022. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of April 8, 2022. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2012-D-0049 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Reporting Harmful and Potentially
Harmful Constituents in Tobacco Products and Tobacco Smoke Under the
Federal Food, Drug, and Cosmetic Act.'' Received comments, those filed
in a timely manner (see ADDRESSES), will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Reporting Harmful and Potentially Harmful Constituents in Tobacco
Products and Tobacco Smoke Under the Federal Food, Drug, and Cosmetic
Act

OMB Control Number 0910-0732--Extension

    The Family Smoking Prevention and Tobacco Control Act (Pub. L. 111-
31) (Tobacco Control Act), enacted on June 22, 2009, amended the
Federal Food, Drug, and Cosmetic Act (FD&C Act) and provided FDA with
the authority to regulate the manufacture, marketing, and distribution
of cigarettes, cigarette tobacco, roll-your-own (RYO) tobacco, and
smokeless tobacco products to protect the public health and to reduce
tobacco use by minors. The Tobacco Control Act also gave FDA the
authority to issue regulations deeming other products that meet the
statutory definition of a tobacco product to be subject to chapter IX
of the FD&C Act

(section 901(b) of the FD&C Act (21 U.S.C. 387a(b))).
    In accordance with that authority, on May 10, 2016, FDA issued a
final rule deeming all products that meet the statutory definition of
tobacco product, except accessories of newly deemed tobacco products,
to be subject to FDA's tobacco product authority (final deeming rule)
(81 FR 28974).
    Chapter IX of the FD&C Act now applies to newly regulated products,
including sections 904(a)(3) and (c)(1) (21 U.S.C. 387d(a)(3) and
(c)(1)). Section 904(a)(3) of the FD&C Act requires the submission of
an initial report from each tobacco product manufacturer or importer,
or agents thereof, listing all constituents, including smoke
constituents as applicable, identified as a harmful and potentially
harmful constituent (HPHC) to health by FDA. Reports must be by brand
and by quantity in each brand and subbrand. We note that for
cigarettes, smokeless tobacco, cigarette filler, and RYO tobacco
products, this initial reporting was completed in 2012.
    Section 904(c)(1) of the FD&C Act provides that manufacturers of
tobacco products not on the market as of June 22, 2009, must also
provide the information reportable under section 904(a)(3) at least 90
days prior to introducing the product into interstate commerce.\1\
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    \1\ Note that section 904(c)(1) testing and reporting
requirements are separate from the requirements that must be
satisfied before a new tobacco product (sections 905 and 910 of the
FD&C Act (21 U.S.C. 387e and 387j)), or modified risk tobacco
product (section 911 of the FD&C Act (21 U.S.C. 387k)) may be
marketed.
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    FDA has taken several steps to identify HPHCs to be reported under
section 904 of the FD&C Act, including issuing a guidance discussing
FDA's current thinking on the meaning of the term ``harmful and
potentially harmful constituent'' in the context of implementing the
HPHC list requirement under section 904(e) of the FD&C Act (76 FR 5387,
January 31, 2011, revised guidance issued August 2016). The guidance is
available on the internet at https://www.fda.gov/regulatory-information/search-fda-guidance-documents/harmful-and-potentially-harmful-constituents-tobacco-products-used-section-904e-federal-food-drug. The current established list of HPHCs also is available on the
internet at https://www.fda.gov/tobacco-products/rules-regulations-and-guidance/harmful-and-potentially-harmful-constituents-tobacco-products-and-tobacco-smoke-established-list (77 FR 20034, April 3, 2012).
    The purpose of the information collection is to collect statutorily
mandated information regarding HPHCs in certain tobacco products and
tobacco smoke, by brand and by quantity in each brand and subbrand.
    To facilitate the submission of HPHC information, Forms FDA 3787a-
j, for cigarettes, smokeless tobacco products, and RYO tobacco
products, respectively, in both paper and electronic formats, are
available. Additionally, FDA is developing forms to facilitate the
submission of HPHC information for the deemed tobacco products. We
intend to model these forms on the current HPHC reporting forms (i.e.,
Forms FDA 3787a-j). A proposed information collection for deemed
products will be published in a separate Federal Register notice, and
we will solicit comments on that collection at that time.
    Manufacturers or importers, or their agents, may submit HPHC
information either electronically or in paper format. The FDA
eSubmitter tool, available at https://www.fda.gov/industry/fda-esubmitter/using-esubmitter-prepare-tobacco-product-submissions,
provides electronic forms to streamline the data entry and submission
process for reporting HPHCs for cigarettes, smokeless tobacco products,
and RYO tobacco products. Users of eSubmitter may populate an FDA-
created Excel file and import data into eSubmitter. Whether respondents
decide to submit reports electronically or on paper, each form provides
instructions for completing and submitting HPHC information to FDA. The
forms contain fields for company information, product information, and
HPHC information.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
            Activity                 Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
                                    Reporting for Section 904(c)(1) Products
----------------------------------------------------------------------------------------------------------------
      1. Reporting of Manufacturer/Importer Company and Product Information by Completing Submission Forms
----------------------------------------------------------------------------------------------------------------
Cigarette.......................             380               1             380            1.82             692
RYO.............................              19               1              19            0.43               8
Smokeless.......................              25               1              25            0.63              16
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             716
----------------------------------------------------------------------------------------------------------------
                                    2. Testing of HPHC Quantities in Products
----------------------------------------------------------------------------------------------------------------
Cigarette Filler and RYO........              19               1              19            9.42             179
Smokeless.......................              25               1              25           12.06             302
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             481
----------------------------------------------------------------------------------------------------------------
                                3. Testing of HPHC Quantities in Mainstream Smoke
----------------------------------------------------------------------------------------------------------------
Cigarette: ISO Regimen..........             380               1             380           23.64           8,983
Cigarette: Health Canada Regimen             380               1             380           23.64           8,983
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          17,996
                                 -------------------------------------------------------------------------------

        Total Section 904(c)(1)   ..............  ..............  ..............  ..............          19,193
         Reporting Burden Hours.
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The burden for this collection of information is estimated to be
19,193 hours. The burden estimate for this collection of information
includes the time it will take to read the instructions, test the
products, and prepare the HPHC report. In arriving at this burden
estimate, FDA estimated the number of tobacco products to be reported
under the requirements of section 904(c)(1) of the FD&C Act annually to
FDA.
    Section 1 of table 1 estimates that 424 respondents (380 cigarettes
receiving authorizations, 19 RYO tobacco receiving authorizations, 25
smokeless receiving authorizations) will submit 424 HPHC reports
annually. Each respondent represents a statutory tobacco product that
receives authorization from FDA for which manufacturers and importers
(or their agents), must report their product information to FDA under
section 904(c)(1) of the FD&C Act at least 90 days prior to delivery
for introduction into interstate commerce for all new products. This
section addresses the time required to report their company information
to FDA through the use of the electronic portal or paper forms.
    The company information reported includes company name; mailing
address; telephone and Fax numbers; FDA Establishment Identifier
number; Data Universal Numbering System number; and point of contact
name, mailing address, and telephone and Fax numbers, as applicable. It
also addresses the time required for manufacturers and importers to
report their product information by entering certain testing
information into the electronic or paper forms.
    The product information includes brand and subbrand name; unique
product identification number; type of product identification number;
product category and subcategory; and mean weight and standard
deviation of tobacco in product.
    We estimate that the burden to enter both the company and product
information is no more than 1.82 hours per response for cigarettes,
0.43 hours per response for RYO, and 0.63 hours per response for
smokeless tobacco products regardless of whether the paper or
electronic Form FDA series 3787 is used. The time to report per tobacco
product types varies because the number of HPHCs varies by tobacco
product category. The total hours estimated for this section is 716.
    The estimated number of responses under section 904(c)(1) of the
FD&C Act is based on FDA's experience, the past 4 years of tobacco
products receiving marketing authorizations from FDA, and actual
responses to FDA under this provision of the FD&C Act for statutorily
regulated products.
    Section 2 of table 1 estimates that 44 respondents (19 cigarette
filler and RYO tobacco receiving authorizations and 25 smokeless
receiving authorizations) will test quantities of HPHCs in an average
of 44 products annually. This section addresses the time required for
manufacturers and importers (or their agents) who must test HPHC
quantities in products. The burden estimates include the burden to test
the tobacco products, draft testing reports, and submit the report to
FDA. The total expected burden for this section is 481 hours.
    Section 3 of table 1 addresses the time required for manufacturers
and importers to test quantities for HPHCs in cigarette smoke. The
burden estimates include: The burden to test the number of replicate
measurements; test date range; manufacture date range; extraction
method; separation method; detection method; and mean quantity and
standard deviation of HPHCs and includes the burden to test the tobacco
products, draft testing reports, and submit the report to FDA. The
annual burden reflects our estimate of the time it takes to test the
tobacco products (i.e., carry out laboratory work). The burden estimate
assumes that manufacturers and importers report HPHC quantities in
cigarette mainstream smoke according to the two smoking regimens. The
total expected burden is 17,996 hours for this section.
    The total estimated burden for this information collection is
19,193 hours and 424 respondents. Our estimated burden for the
information collection reflects an overall increase of 269 respondents
and a corresponding increase of 16,677 hours. We attribute this
adjustment to updated methodology in which the current estimates are
derived from historical statutory tobacco product applications
submitted and authorized by FDA in the past 4 years as (1)
manufacturers and importers (or their agents) of authorized products
are required to submit HPHC reports at least 90 days prior to delivery
for introduction into interstate commerce for all new products and (2)
initial reporting under section 904(a)(3) of the FD&C Act for statutory
products was completed in 2012.

    Dated: February 2, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-02478 Filed 2-4-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 220 (Friday, November 14, 2014)]
[Notices]
[Pages 68238-68242]
[FR Doc No: 2014-26903]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2015-0707; FRL-9917-95]

Certain New Chemicals; Receipt and Status Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is required under the Toxic Substances Control Act (TSCA)
to publish in the Federal Register a notice of receipt of a
premanufacture notice (PMN); an application for a test marketing
exemption (TME), both pending and/or expired; and a periodic status
report on any new chemicals under EPA review and the receipt of notices
of commencement (NOC) to manufacture those chemicals. This document
covers the period from September 16, 2014 to October 3, 2014.

DATES: Comments identified by the specific PMN number, must be received
on or before December 15, 2014.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2015-0707, and the specific PMN number or TME
number for the chemical related to your comment, by one of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental

Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Bernice Mudd, Information Management Division (7407M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-8951; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. As such, the
Agency has not attempted to describe the specific entities that this
action may apply to. Although others may be affected, this action
applies directly to the submitter of the PMNs addressed in this action.

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 email. 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 preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. What action is the Agency taking?

    This document provides receipt and status reports, which cover the
period from September 16, 2014 to October 3, 2014, and consists of PMNs
both pending and/or expired, and the NOCs to manufacture a new chemical
that the Agency has received under TSCA section 5 during this time
period.

III. What is the Agency's authority for taking this action?

    Section 5 of TSCA requires that EPA periodical publish in the
Federal Register receipt and status reports, which cover the following
EPA activities required by provisions of TSCA section 5.
    EPA classifies a chemical substance as either an ``existing''
chemical or a ``new'' chemical. Any chemical substance that is not on
EPA's TSCA Inventory is classified as a ``new chemical,'' while those
that are on the TSCA Inventory are classified as an ``existing
chemical.'' For more information about the TSCA Inventory go to: http://www.epa.gov/opptintr/newchems/pubs/inventory.htm. Anyone who plans to
manufacture or import a new chemical substance for a non-exempt
commercial purpose is required by TSCA section 5 to provide EPA with a
PMN, before initiating the activity. Section 5(h)(1) of TSCA authorizes
EPA to allow persons, upon application, to manufacture (includes
import) or process a new chemical substance, or a chemical substance
subject to a significant new use rule (SNUR) issued under TSCA section
5(a), for ``test marketing'' purposes, which is referred to as a test
marketing exemption, or TME. For more information about the
requirements applicable to a new chemical go to: http://www.epa.gov/oppt/newchems.
    Under TSCA sections 5(d)(2) and 5(d)(3), EPA is required to publish
in the Federal Register a notice of receipt of a PMN or an application
for a TME and to publish in the Federal Register periodic status
reports on the new chemicals under review and the receipt of NOCs to
manufacture those chemicals.

IV. Receipt and Status Reports

    In Table I. of this unit, EPA provides the following information
(to the extent that such information is not claimed as CBI) on the PMNs
received by EPA during this period: The EPA case number assigned to the
PMN, the date the PMN was received by EPA, the projected end date for
EPA's review of the PMN, the submitting manufacturer/importer, the
potential uses identified by the manufacturer/importer in the PMN, and
the chemical identity.

                                                    Table I--31 PMNs Received From 9/16/14 to 10/3/14
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Projected
               Case No.                 Received date    notice  end     Manufacturer/importer              Use                       Chemical
                                                            date
--------------------------------------------------------------------------------------------------------------------------------------------------------
P-14-0846............................       9/15/2014      12/14/2014  Alberdingk Boley Inc....  (S) Coating for wood....  (G) Alkanoic acid, hydroxy-
                                                                                (hydroxyalkyl)-methyl-,
                                                                                polymer with
                                                                                diisocyanatoalkane,-hydro--
                                                                                hydroxypoly(oxy-alkanediyl)
                                                                                and isocyanato-1-
                                                                                (isocyanatoalkyl)-
                                                                                trimethylcycloalkane,
                                                                                tetrahydroxyalkanel
                                                                                triacrylate-blocked, compd.
                                                                                with triethylamine.
P-14-0849............................       9/16/2014      12/15/2014  CBI.....................  (G) Intermediate........  (G) Amine terminated
                                                                                copolymer.
P-14-0850............................       9/17/2014      12/16/2014  Mcgean-Rohco Inc. 130130  (S) Grain refiner for     (S) 1-methylpyridinium-3-
                                                                                alkaline zinc electro     carboxylate.
                                                                                deposits.
P-14-0851............................       9/17/2014      12/16/2014  CBI.....................  (S) Reactive polymer for  (G) Polyurethane.
                                                                                use in adhesive
                                                                                applications.
P-14-0852............................       9/17/2014      12/16/2014  CBI.....................  (G) Reactive polymer for  (G) Polyurethane.
                                                                                use in adhesive
                                                                                applications.

P-14-0853............................       9/17/2014      12/16/2014  CBI.....................  (G) Reactive polymer for  (G) Polyurethane.
                                                                                use in adhesive
                                                                                applications.
P-14-0854............................       9/17/2014      12/16/2014  CBI.....................  (G) Reactive polymer for  (G) Polyurethane.
                                                                                use in adhesive
                                                                                applications.
P-14-0855............................       9/17/2014      12/16/2014  CBI.....................  (S) Reactive polymer for  (G) Polyurethane.
                                                                                use in adhesive
                                                                                applications.
P-14-0856............................       9/17/2014      12/16/2014  CBI.....................  (S) Reactive polymer for  (G) Polyurethane.
                                                                                use in adhesive
                                                                                applications.
P-14-0857............................       9/17/2014      12/16/2014  CBI.....................  (S) Reactive polymer for  (G) Polyurethane.
                                                                                use in adhesive
                                                                                applications.
P-14-0858............................       9/17/2014      12/16/2014  CBI.....................  (S) Reactive polymer for  (G) Polyurethane.
                                                                                use in adhesive
                                                                                applications.
P-14-0859............................       9/17/2014      12/16/2014  CBI.....................  (G) Agriculture           (G) Iron EDDHSA.
                                                                                Fertilizer.
P-14-0861............................       9/19/2014      12/18/2014  Kaneka North America LLC  (G) Component of          (G) Alkyl alkenoic acid,
                                                                                adhesive.                 alkyl ester, telomer with
                                                                                alkyl alkenoate,
                                                                                trialkoxysilyl substituted
                                                                                alkane and trilalkoxysilyl
                                                                                alkyl alkyl alkenoate, bis
                                                                                substituted diazenyl-
                                                                                initiated.
P-14-0862............................       9/22/2014      12/21/2014  CBI.....................  (G) Industrial            (G) Furanose ester.
                                                                                intermediate.
P-14-0863............................       9/22/2014      12/21/2014  CBI.....................  (G) Acrylic pressure      (G) Solution acrylic polymer.
                                                                                sensitive adhesive.
P-14-0865............................       9/23/2014      12/22/2014  CBI.....................  (G) Isolated              (G) Aromatic amide oxime.
                                                                                intermediate.
P-14-0868............................       9/26/2014      12/25/2014  Allnex USA Inc..........  (S) Coatings for          (G) Substituted
                                                                                automobile headlights,    carbopolycycle, polymer with
                                                                                polycarbonate glazing,    disubstituted alkane
                                                                                and films.                substituted alkyl acrylate-
                                                                                blocked.
P-14-0869............................       9/26/2014      12/25/2014  H.B. Fuller Company.....  (G) Industrial adhesive.  (G) Hexanedioic acid, polymer
                                                                                with alkyldiol, 1,6-
                                                                                hexanediol, dicarboxylic
                                                                                acid anhydride, 1,1'-
                                                                                methylenebis[isocyanatobenze
                                                                                ne], alkylene oxides and
                                                                                .alpha., .alpha.', .alpha.''-
                                                                                1,2,3-
                                                                                propanetriyltris[.omega.-
                                                                                hydroxypoly[oxy(methyl-1,2-
                                                                                ethanediyl)]].
P-14-0870............................       9/26/2014      12/25/2014  H.B. Fuller Company.....  (G) Industrial adhesive.  (G) Hexanedioic acid, polymer
                                                                                with alkyldiol, 1,6-
                                                                                hexanediol, dicarboxylic
                                                                                acid anhydride, 1,1'-
                                                                                methylenebis[4-
                                                                                isocyanatobenzene], alkylene
                                                                                oxides and .alpha.,
                                                                                .alpha.', .alpha.''-1,2,3-
                                                                                propanetriyltris[.omega.-
                                                                                hydroxypoly[oxy(methyl-1,2-
                                                                                ethanediyl)]].
P-14-0871............................       9/29/2014      12/28/2014  CBI.....................  (G) Asphalt additive....  (G) Fatty acid rxn products
                                                                                with
                                                                                aminoalkylhydroxyamines.
P-14-0872............................       9/29/2014      12/28/2014  CBI.....................  (G) Asphalt additive....  (G) Fatty acid rxn products
                                                                                with aminoalkyamines.
P-14-0873............................       9/30/2014      12/29/2014  CBI.....................  (S) Chemical              (G) Substituted
                                                                                intermediate for use in   naphthalenesulfonic acid.
                                                                                the manufacture of a
                                                                                dye.
P-14-0874............................       9/30/2014      12/29/2014  CBI.....................  (G) Ingredient in a       (G) Polyacrylate.
                                                                                coating for industrial
                                                                                equipment.
P-15-0001............................       10/3/2014        1/1/2015  Croda...................  (G) Inert surfactant in   (S) Oxirane, 2-methyl-,
                                                                                food use and non-food     polymer with oxirane,
                                                                                use pesticide             monohexadecyl ether,
                                                                                formulations.             phosphate.
P-15-0002............................       10/3/2014        1/1/2015  Croda...................  (G) Inert surfactant in   (S) Oxirane, 2-methyl-,
                                                                                food use and non-food     polymer with oxirane,
                                                                                use pesticide             monohexadecyl ether,
                                                                                formulations.             phosphate, sodium salt.
P-15-0003............................       10/3/2014        1/1/2015  Croda...................  (G) Inert surfactant in   (S) Oxirane, 2-methyl-,
                                                                                food use and non-food     polymer with oxirane,
                                                                                use pesticide             monohexadecyl ether,
                                                                                formulations.             phosphate, potassium salt.

P-15-0004............................       10/3/2015        1/1/2015  Croda...................  (G) Inert surfactant in   (S) Oxirane, 2-methyl-,
                                                                                food use and non-food     polymer with oxirane,
                                                                                use pesticide             monohexadecyl ether,
                                                                                formulations.             phosphate, ammonium salt.
P-15-0005............................       10/3/2014        1/1/2015  Croda...................  (G) Inert surfactant in   (S) Ethanol, 2-amino-,
                                                                                food use and non-food     compound, with 2-
                                                                                use pesticide             methyloxirane polymer with
                                                                                formulations.             oxirane monohexadecyl ether
                                                                                phosphate.
P-15-0006............................       10/3/2014        1/1/2015  Croda...................  (G) Inert surfactant in   (S) Ethanol, 2-amino-,
                                                                                food use and non-food     compound, with 2-
                                                                                use pesticide             methyloxirane polymer with
                                                                                formulations.             oxirane monohexadecyl ether
                                                                                phosphate.
P-15-0007............................       10/3/2014        1/1/2015  Shin Etsu Silicones of    (G) The release agent     (G) Organopolysiloxane.
                                                                        America.                  including this material
                                                                                are applied to a dye.
P-15-0009............................       10/6/2014        1/1/2015  International Flavors &   (S) Fragrance ingredient  (S) Cyclohecane, 2-ethoxy-1,3-
                                                                        Fragrances Inc.           for use in fragrances     dimethyl-*.
                                                                                for soaps, detergents,
                                                                                cleaners and other
                                                                                household products.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In Table II. of this unit, EPA provides the following information
(to the extent that such information is not claimed as CBI) on the NOCs
received by EPA during this period: The EPA case number assigned to the
NOC, the date the NOC was received by EPA, the projected end date for
EPA's review of the NOC, and chemical identity.

                               Table II--35 NOCs Received From 9/16/14 to 10/3/14
----------------------------------------------------------------------------------------------------------------
                                                               Commencement
                 Case No.                    Received date    notice end date               Chemical
----------------------------------------------------------------------------------------------------------------
P-14-0566................................         9/15/2014          9/6/2014  (S) Mixture of 4-decenal,9-
                                                                                hydroxy-5,9-dimethyl-, (4Z)-.
P-13-0429................................         9/17/2014         8/27/2014  (G) Acrylic copolymer emulsion.
P-13-0516................................         9/17/2014         8/27/2014  (G) Alkanedioic acid, polymer
                                                                                with (haloalkyl)oxirane,
                                                                                (hydroxyalkyl)-alkyldiol,
                                                                                (alkylethylidene)bis[hydroxybenz
                                                                                ene] and oxirane-alkenoate
                                                                                polymer with hydroxy-
                                                                                (hydroxyalkyl)-alkanoic acid and
                                                                                isocyanato-(isocyanatoalkyl)-
                                                                                cycloalkane, compound with N,N-
                                                                                dialkylalkylamine.
P-13-0334................................         9/17/2014         8/28/2014  (G) Propenoic acid ester, polymer
                                                                                with alkyl propenoate, N-
                                                                                (dimethyloxoalkyl)alkylamide,
                                                                                alkenylbenzene, alkyl propenoate
                                                                                and alkyl alkyl propenoate.
P-13-0335................................         9/17/2014         8/28/2014  (G) Propenoic acid ester, polymer
                                                                                with alkyl propenoate, N-
                                                                                (dimethyloxoalkyl)alkylamide,
                                                                                alkenylbenzene and alkyl alkyl
                                                                                propenoate.
P-14-0302................................         9/17/2014          9/8/2014  (G) Alkanedioic acid, polymer
                                                                                with dialkyl carbonate,
                                                                                alkanediol, hydroxy-
                                                                                (hydroxymethyl)-2-
                                                                                alkylcarboxylic acid,
                                                                                methylenebis[isocyanatocycloalka
                                                                                ne] and alkyl-2-alkenoate,
                                                                                compound with N,N-
                                                                                dialkylalkylamine.
P-14-0031................................         9/17/2014         9/11/2014  (G) Substituted fatty acids,
                                                                                polymers with alkanedioic acid,
                                                                                substituted carbomonocycles,
                                                                                substituted alkanoates,
                                                                                alkanediol, compounds. with
                                                                                substituted alkanol.
P-08-0551................................         9/18/2014        11/20/2010  (S) 1-propene, 1,3,3,3-
                                                                                tetrafluoro-, (1Z)-.
P-14-0514................................         9/19/2014         9/10/2014  (G) Acrylic copolymer.
P-14-0515................................         9/19/2014         9/10/2014  (G) Acrylic copolymer.
P-14-0516................................         9/19/2014         9/10/2014  (G) Acrylic copolymer.
P-13-0951................................         9/22/2014          9/8/2014  (G) Zinc carboxylate.
P-14-0495................................         9/23/2014          9/5/2014  (S) Hexanedioic acid, polymers
                                                                                with 1,3-butanediol, 1,4-
                                                                                butanediol, di-et malonate, 1,6-
                                                                                diisocyanatohexane, ethoxylated
                                                                                reduced me esters of reduced
                                                                                polymound. oxidized
                                                                                tetrafluoroethylene, 1,6-
                                                                                hexanediol, 1,1'-
                                                                                methylenebis[isocyanatobenzene],
                                                                                propylene glycol and
                                                                                tripropylene glycol.
P-09-0066................................         9/23/2014          9/8/2014  (G) Benzoic acid phenyl ester.
P-14-0440................................         9/24/2014         8/27/2014  (G) Arylalkylphosphonium salt.
P-14-0042................................         9/24/2014          9/4/2014  (G) Substituted perfluoroether.
P-14-0306................................         9/24/2014         9/24/2014  (G) Alklyl borate ester.
P-14-0359................................         9/25/2014         9/18/2014  (G) Sulfurized olefin and oil.
P-14-0505................................         9/26/2014         8/27/2014  (G) 2-propenoic acid,1,1-[2-ethyl-
                                                                                2-[[(1-oxo-2-propen-1-
                                                                                yl)oxy]methyl]-1,3-propanediyl]
                                                                                ester, polymer with 1,1-(1,2-
                                                                                ethanediyl) ester.
P-14-0439................................         9/26/2014          9/4/2014  (G) Aryl-substituted amide.

P-96-0190................................         9/26/2014          9/4/2014  (S) 2,5-furandione, polymer with
                                                                                1,2-ethanediol, 2,2'-[(4-
                                                                                methylphenyl)imino]bis[ethanol],
                                                                                2,2'-oxybis[ethanol] and
                                                                                3a,4,7,7a-tetrahydro-4,7-methano-
                                                                                1H-indene.
P-14-0521................................         9/29/2014         9/17/2014  (G) Methylenediphenyl
                                                                                diisocyanate prepolymer.
P-14-0354................................         9/30/2014          9/4/2014  (G) Depolymerized polyurethane.
P-13-0646................................         9/30/2014         9/11/2014  (G) Fluoroalkyl acrylate
                                                                                copolymer modified with
                                                                                polysiloxanes.
P-13-0647................................         9/30/2014         9/11/2014  (G) Fluoroalkyl acrylate
                                                                                copolymer.
P-13-0648................................         9/30/2014         9/11/2014  (G) Fluoroalkyl acrylate
                                                                                copolymer modified with
                                                                                polysiloxanes.
P-13-0649................................         9/30/2014         9/11/2014  (G) Fluoroalkyl acrylate
                                                                                copolymer.
P-13-0678................................         9/30/2014         9/11/2014  (G) Fluoroalkyl methylacrylate
                                                                                copolymer.
P-13-0679................................         9/30/2014         9/11/2014  (G) Fluoroalkyl acrylate
                                                                                copolymer.
P-13-0849................................         9/30/2014         9/26/2014  (G) Modified polymer of
                                                                                ethenylbenzene, buta-1,3-diene,
                                                                                and substituted methyl
                                                                                acrylates.
P-14-0380................................         10/1/2014         9/10/2014  (S) Cashew, nutshell liquid,
                                                                                reaction products with aniline
                                                                                and formaldehyde.
P-14-0268................................         10/6/2014         9/15/2014  (S) Carbamic acid, N-(3-
                                                                                isoocyanatomethylphenyl)-, 2-[2-
                                                                                (2-butoxyethoxy)ethoxy]ethyl
                                                                                ester.
P-14-0441................................         10/6/2014         9/24/2014  (G) Heterocylic dione polymer
                                                                                with alkenylbenzene and
                                                                                alkoxpoly(oxy-
                                                                                alkanediyl)alkylacrylate.
P-14-0945................................           7/23/14            7/9/14  (G) Alkoxysilane.
P-14-0946................................           7/23/14            7/9/14  (G) Alkoxysilane.
----------------------------------------------------------------------------------------------------------------

    If you are interested in information that is not included in these
tables, you may contact EPA as described in Unit II. to access
additional non-CBI information that may be available.

    Authority:  15 U.S.C. 2601 et seq.

    Dated: October 27, 2014.
Chandler Sirmons,
Acting Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 2014-26903 Filed 11-13-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Notices]
[Pages 39673-39675]
[FR Doc No: 2020-14211]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0098; Docket No. NHTSA-2017-0101; Docket No.
NTHSA-2019-0049; Notice 2]

FCA US, LLC and AGC Glass Company North America, Grant of
Petitions for Decision of Inconsequential Noncompliance

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

ACTION: Grant of petitions.

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

SUMMARY: FCA US, LLC, f/k/a Chrysler Group, LLC (FCA) has determined
that the rear liftgate privacy glass equipped in certain model year
(MY) 2013-2017 Jeep Compass and certain MY 2018 Jeep Wrangler motor
vehicles do not fully comply with Federal Motor Vehicle Safety Standard
(FMVSS) No. 205, Glazing Materials. Similarly, AGC Glass Company North
America, d.b.a. AGC Automotive Americas Co. (AGC) determined that the
same liftgate privacy glass sold as replacement parts for MY 2013-2017
Jeep Compass motor vehicles do not fully comply with FMVSS No. 205. The
petitioners have requested that NHTSA deem the subject noncompliance
inconsequential to motor vehicle safety. As the issues involved in both
petitions are identical, NHTSA is addressing both petitions in this
single notice, which announces the grant of both petitions.

FOR FURTHER INFORMATION CONTACT: Leroy Angeles, Office of Vehicle
Safety Compliance, NHTSA, telephone<PHONE_NUMBER>, facsimile (202)
366-3081.

SUPPLEMENTARY INFORMATION: I. Overview: FCA has determined that certain
MY 2013-2017 Jeep Compass and MY 2018 Jeep Wrangler motor vehicles do
not fully comply with paragraphs S5.1.1 and S5.1.2 of FMVSS No. 205,
Glazing Materials (49 CFR 571.205). FCA filed noncompliance reports
dated October 10, 2017, and April 25, 2019, pursuant to 49 CFR part
573, Defect and Noncompliance Responsibility and Reports. FCA
petitioned NHTSA on November 2, 2017, and May 15, 2019, 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, pursuant to 49 U.S.C. 30118(d) and
30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or
Noncompliance. FCA later submitted supplemental petitions to their
November 2, 2017, and May 15, 2019, petitions on June 3, 2019 and May
31, 2019, respectively. Notices of receipt of FCA's petitions were
published with a 30-day public comment period on April 16, 2018, and
September 12, 2019, in the Federal Register (83 FR 16430 and 84 FR
48209). No comments were received.
    In addition, AGC has determined that the rear privacy glass
manufactured as replacement glass for certain MY 2013-2017 Jeep Compass
motor vehicles do not fully comply with paragraph S5.1.2 of FMVSS No.
205, Glazing Materials. AGC filed a report dated October 13, 2017,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. AGC also petitioned NHTSA on November 8, 2017, 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, pursuant to 49 U.S.C. 30118(d) and
30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or
Noncompliance. Notice of receipt of AGC's petition was published with a
30-day public comment period on April 11, 2018, in the Federal Register
(83 FR 15676). No comments were received.
    II. Vehicles and Equipment Involved: Approximately 287,064 MY 2013-
2017 Jeep Compass motor vehicles, manufactured between January 18,
2013, and December 23, 2016, and approximately 1,804 MY 2018 Jeep
Wrangler motor vehicles, manufactured between October 13, 2018, and
October 19, 2018, are potentially involved.
    In addition, approximately 5,000 replacement privacy glass parts
manufactured for replacement of the rear liftgate glass in MY 2013-2017
Jeep Compass motor vehicles, manufactured between January 16, 2013, and
June 30, 2017, are potentially involved.
    III. Noncompliance: The petitioners explain that the noncompliance
is that the rear liftgate privacy glass equipped in or sold as
replacement glass for certain MY 2013-2017 Jeep Compass and MY 2018
Jeep Wrangler motor vehicles do not fully comply with paragraphs S5.1.1
and S5.1.2 of FMVSS No. 205. Specifically, the liftgate glass has the
AS2 glazing marking when it should have been marked with the AS3
glazing marking.
    IV. Rule Requirements: Paragraphs S5.1.1 and S5.1.2 of FMVSS No.
205 include the requirements relevant to this petition. Except as
otherwise specifically provided by FMVSS No. 205, glazing for use in
multipurpose passenger vehicles shall conform to the requirements for
glazing for use in trucks as specified in ANSI/SAE Z26.1-1996. Glazing
intended for aftermarket replacement is required to meet the
requirements of this standard or the requirements of 49 CFR 571.205(a)
applicable to the glazing being replaced.
    V. Summary of FCA's Petitions: FCA described the subject
noncompliance and stated their belief that the subject noncompliance is
inconsequential as it relates to motor vehicle safety.
    In support of their petition, FCA submitted the following
arguments:
    1. NHTSA recently described the glazing materials certification and
marking requirements as follows: ``A prime glazing manufacturer
certifies its glazing by adding to the marks required by section 7 of
ANSI/SAE Z26.1-1996.'' American National Standard Institute (``ANSI''),
standard ANSI/SAE Z26.1-1996, requires privacy glass to meet AS3
requirements for light transmissibility and requires labeling the glass
with an AS3 marking.
    2. FCA stated that the liftgate glass glazing of the affected
vehicles otherwise meets all marking and performance requirements of
FMVSS No. 205 and ANSI Z26.1-1996. FCA cited NHTSA as previously
noting, ``The purpose of this standard (FMVSS No. 205) is to ensure a
necessary degree of transparency in motor vehicle windows for driver
visibility, and to minimize the possibility of occupants being thrown
through the vehicle windows in collisions.'' Since all transparent
sections of the affected glazing fully meet all the applicable
performance requirements, FCA does not believe the incorrect AS2
marking impacts the applicable performance requirements. FCA also does
not believe that the incorrect AS2 marking impacts the ability of the
glazing to satisfy the stated purpose or affect the performance of the
glazing as required by FMVSS No. 205.
    3. FCA also stated that the subject glazing meets all applicable
performance requirements of FMVSS No. 205 and FCA believes there is no
safety performance implication associated with this technical
noncompliance.
    4. In addition to meeting all the component level performance
requirements of FMVSS No. 205, the subject glazing also fully meets the
vehicle level installation requirements as specified by FMVSS No. 205.
The subject glazing at 22% light transmissibility, is permitted in the
liftgate glass location on the affected Jeep Compass and Jeep Wrangler
vehicles.
    5. The actual transmissibility of the subject liftgate glass
glazing (approximately 22%) is consistent with

all the other glazing rearward of the driver (i.e. left and right side
windows, and the left and right rear quarter window glazing) on the
affected Jeep Compass and Jeep Wrangler vehicles. Accordingly, there is
no reason for the customer, state inspection authorities, service
personnel or anyone else to focus on or detect any distinction
involving the subject liftgate glass.
    6. In the extremely unlikely event that a glazing corresponding to
the incorrect markings (i.e. solar glazing with 70% transmittance) was
installed on the affected vehicles, this would also be fully compliant
with all requirements of FMVSS No. 205, including component level and
vehicle level marking requirements of the standard.
    7. FCA is not aware of any crashes, injuries, or customer
complaints associated with this condition.
    8. NHTSA has previously granted similar inconsequential treatment
for FMVSS No. 205 marking noncompliances. Examples of similar granted
inconsequentiality petitions for incorrect markings related to glazing
include:
    [cir] Supreme Corporation, 81 FR 72850, (October 21, 2016).
    [cir] Mitsubishi Motors North America, Inc., 80 FR 72482, (November
19, 2015).
    [cir] Ford Motor Company, 80 FR 11259, (March 2, 2015).
    [cir] Custom Glass Solutions Upper Sandusky Corp., 80 FR 3737,
(January 23, 2015).
    [cir] General Motors, LLC, 81 FR 23402, (April 28, 2014).
    [cir] Fiji Heavy Industries U.S.A. Inc., 78 FR 59088, (September
25, 2013).
    [cir] Ford Motor Company, 78 FR 32531, (May 30, 2013).
    [cir] Pilkington North America, Inc., 78 FR 22942, (April 17,
2013).
    [cir] Pilkington Glass of Canada LTD., 71 FR 39141, (July 11,
2006).
    [cir] General Motors, 70 FR 49973, (August 25, 2005).
    [cir] Freightliner LLC, 68 FR 65991, (November 24, 2003).
    [cir] Toyota Motors North America Inc, 68 FR 10307, (March 4,
2003).
    [cir] Guardian Ind. Corp., 67 FR 65185, (October 23, 2002).
    [cir] Ford Motor Company, 64 FR 70115, (December 15, 1999).
    [cir] Western Star Trucks Inc, 63 FR 66232, (December 1, 1998).
    VI. Summary of AGC's Petition: AGC described the subject
noncompliance and stated their belief that the subject noncompliance is
inconsequential as it relates to motor vehicle safety.
    In support of its petition, AGC submitted the following arguments:
    1. The only error in the logo mark was including the incorrect AS
standard. The logo and the parts were otherwise fully compliant. All
other information was correct. The AS3 mark relates to meeting certain
light transmission requirements for privacy glass. The glass met those
requirements as confirmed by both AGC and its primary customer, FCA.
The glass also met all other applicable Federal motor vehicle safety
standards. This error did not change the character of the glass or its
performance. It was a simple marking error and will not in any way
impact or affect motor vehicle safety. AGC produced up to 5,000 parts
to be installed as replacement glass over the relevant time period. As
soon as AGC found the potential error, it was immediately corrected by
replacing the print screen that included the incorrect AS2 mark and
instead used a print screen which included the correct AS3 mark in the
logo. No parts are produced today for these model vehicles for
replacement glass without the correct AS3 mark in the logo. All parts,
which AGC had in its possession and which were confirmed a customer
still had that were not already installed, were destroyed or returned
to AGC.
    There is nothing that would affect or impact vehicle safety
resulting from this erroneous AS2 mark being included in the logo and
this error should be classified as inconsequential to motor vehicle
safety.
    2. The logo error will not mislead or affect consumers. Consumers
would never look at a logo and know or understand that privacy glass
with an AS2 logo should have an AS3 mark instead in that logo. Only
someone trained in the intricate requirements of ANSI and the
differences in light transmission between a part meeting the AS3
standard versus a part meeting the AS2 standard would know whether
including the AS2 mark was an error or not. Therefore, the fact that
there are vehicles on the road which have the incorrect AS2 mark in the
logo will not be misleading, nor should it require any of those parts
to be replaced since the consumer will not know the difference, will
not be misled by looking at the logo mark for this part, there will be
no confusion about the performance or compliance of the parts with all
applicable FMVSSs, and the error does not affect the safety of the
vehicle. Every consumer that had their rear liftgate replaced with
privacy glass that included the logo with the incorrect AS2 mark still
has exactly what they expected to receive and paid for regardless of
this error as the rear privacy glass for their Jeep Compass does not
pose any safety risk to them or others who may ride on their vehicle.
    Both FCA and AGC concluded by expressing the belief that the
subject noncompliance is inconsequential as it relates to motor vehicle
safety, and that their petitions 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.
    FCA and AGC's complete petitions and all supporting documents are
available by logging onto the Federal Docket Management System (FDMS)
website at https://www.regulations.gov and following the online search
instructions to locate the associated docket number listed in the title
of this notice.
    VII. NHTSA's Analysis: NHTSA has evaluated the merits of AGC and
FCA's petitions for inconsequential noncompliance.
    The purpose of FMVSS No. 205 is to reduce injuries resulting from
impact to glazing surfaces, to ensure a necessary degree of
transparency in motor vehicle windows for driver visibility, and to
minimize the possibility of occupants being thrown through the vehicle
windows in collisions.
    The subject replacement glazing in AGC's petition and the subject
vehicles in FCA's petition pertain to liftgate glass that was
incorrectly marked as AS2 glazing material when it should have been
marked as AS3 glazing material.
    The difference in performance requirements between AS2 and AS3
glazing is that AS2 glazing is required to have a luminous
transmittance of at least 70% while AS3 has no luminous transmittance
requirement. Because AS3 glazing does not have a luminous transmittance
requirement, it is typically darker in tint. The luminous transmittance
for the subject glazing, which was incorrectly marked as AS2, is 22%.
    The first factor NHTSA considered in its evaluation was if the
liftgate glass sold as replacement glazing by AGC and equipped in the
subject vehicles by FCA is compliant with FMVSS No. 205 requirements.
Both AGC and FCA stated that the subject liftgate glass meets all
marking and performance requirements for AS3 glazing in accordance with
FMVSS No. 205, other than the incorrect AS marking. NHTSA reviewed the
test data provided by the petitioners and believes the data supports
the petitioners' statements that the subject glazing meets the
applicable requirements for AS3 glazing stated in FMVSS No. 205.
    Furthermore, NHTSA recognizes that FMVSS No. 205 allows AS2 glazing
to be installed anywhere in motor vehicles

except windshields, and AS3 glazing to be installed anywhere in motor
vehicles except windshields and certain specified locations. AS3
glazing is permitted to be installed in liftgates of the subject
vehicles.
    AGC believes that most consumers likely would not recognize the
marking error while individuals highly trained in glazing standards
would recognize the marking error. NHTSA does not find these arguments
compelling and believes that it is reasonable for someone in the repair
industry to rely on the incorrect AS markings located on the
noncompliant glazing material and replace it with glazing material
corresponding to those markings. This would mean that the individual
making the vehicle repair would replace the liftgate with AS2 glazing
instead of AS3 glazing.
    However, because compliant AS2 glazing will always meet the
performance requirements of compliant AS3 glazing, no impact to safety
is anticipated.
    VIII. NHTSA's Decision: In consideration of the foregoing analysis,
NHTSA finds that FCA and AGC have met their burden of persuasion that
the FMVSS No. 205 noncompliance is inconsequential to motor vehicle
safety. Accordingly, the FCA and AGC petitions are hereby granted. FCA
and AGC are exempted from the obligation of providing notification of,
and a remedy for, the subject 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 vehicles and equipment that FCA and AGC no
longer controlled at the time it determined that the noncompliance
existed. However, the granting of these petitions does not relieve
vehicle and 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 vehicles and equipment
under their control after FCA and AGC 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)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2020-14211 Filed 6-30-20; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 85, Number 222 (Tuesday, November 17, 2020)]
[Notices]
[Pages 73271-73272]
[FR Doc No: 2020-23921]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-OAR-2019-0471; FRL-10015-27-Region 9]

Delegation of the Title V Permitting Program to the Navajo Nation
Environmental Protection Agency for the Former Bennett Freeze

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The purpose of this notice is to announce that the
Environmental Protection Agency (EPA), Region IX granted the Navajo
Nation Environmental Protection Agency's (NNEPA) request to supplement
its delegation of authority to administer the Clean Air Act (the Act)
Federal title V operating permits program. Under this supplemental
delegation, the NNEPA's authority to issue and implement title V
operating permits pursuant to EPA regulations is geographically
extended to include an area located in the western portion of the
Navajo Nation reservation known as the Former Bennett Freeze. The terms
and conditions of the supplemental delegation are specified in a Second
Supplemental Delegation of Authority Agreement (Agreement) between the
EPA Region IX and the NNEPA, effective on July 28, 2020.

DATES: The effective date for the Agreement between the EPA and the
NNEPA is July 28, 2020. Pursuant to section 307(b)(1) of the Clean Air
Act, judicial review of this final decision, to the extent it is
available, may be sought by filing a petition for review in the United
States Court of Appeals for the Ninth Circuit within 60 days of
November 17, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0471. Publicly available docket
materials, including the Agreement, are available through https://www.regulations.gov, or by contacting the person identified in the FOR
FURTHER INFORMATION CONTACT section. Effective July 28, 2020 all
notifications, requests, applications, reports and other correspondence
required under 40 CFR part 71 for the Former Bennett Freeze must be
submitted to the NNEPA's Air Quality Control Program Office at the
following address: NNEPA--Operating Permit Program, P.O. Box 529, Fort
Defiance, AZ 86504, Attn: Glenna Lee.

FOR FURTHER INFORMATION CONTACT: Lisa Beckham, Air Permits Office (Air-
3-1), Air & Radiation Divison, EPA Region IX,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The purpose of this notice is to announce
that effective on July 28, 2020, the EPA Region IX granted the NNEPA's
request to supplement its existing full delegation of authority to
administer the part 71 Federal operating permits program to include the
Former Bennett Freeze.
    Previously, on October 15, 2004, the EPA and the Navajo Nation (or
``Tribe'') entered into an initial delegation of authority agreement,
which authorized the Tribe to administer the part 71 program on behalf
of the EPA for all sources located within a Delegated Program Area
specified in that agreement. At that time, the Tribe did not request
that the EPA make any determination regarding the Tribe's eligibility
to administer the part 71 program over two coal-fired generating
stations located on the Reservation (the Four Corners Power Plant and
the Navajo Generating Station), and an area within the western portion
of the Navajo Nation Reservation known as the ``Former Bennett
Freeze.'' On March 21, 2006, the EPA and the NNEPA entered into a
supplemental delegation of authority agreement for the purpose of
delegation of administration of the part 71 program over the Four
Corners Power Plant and the Navajo Generating Station.
    The Act and its implementing regulations under 40 CFR part 71
authorize the EPA to delegate authority to administer the part 71
program to any eligible tribe that submits a demonstration of adequate
regulatory procedures and authority for administration of the part 71
operating permits program.
    In order to be considered an ``eligible tribe,'' the NNEPA
submitted, on October 31, 2018, an application for a determination,
under the provisions of the Tribal Authority Rule (TAR), 40 CFR part
49, that it is eligible to be treated

in the same manner as a state for the purpose of receiving delegation
of authority to administer the Federal part 71 operating permit program
for the Former Bennett Freeze. The EPA Region IX reviewed NNEPA's
application and determined that it met the four criteria for
eligibility, identified in 40 CFR 49.6, for the Former Bennett Freeze,
and was thus eligible for entering into a supplemental delegation
agreement with the EPA Region IX to administer the part 71 program for
the Former Bennett Freeze.\1\ The EPA Region IX's eligibility
determination was signed on April 28, 2020.
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    \1\ The Tribe's initial delegation agreement excluded the Former
Bennett Freeze because of ongoing litigation between the Hopi Tribe
and the Navajo Nation. On December 4, 2006, the U.S. District Court
for the District of Arizona found that lands in the Former Bennett
Freeze were no longer ``under litigation'', and that the
restrictions on development were no longer in force. Honyoama v.
Shirley. No CIV74-842-PHX EHC (D. Ariz.) (Order and final judgement,
Dec 4, 2006).
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    Pursuant to 40 CFR 71.10(b), the EPA Region IX herby notifies the
public that effective July 28, 2020, it granted the NNEPA's request and
is fully delegating the authority to administer the Federal operating
permits program for the Former Bennett Freeze as set forth under 40 CFR
part 71 and in the Agreement. The terms and conditions for the
supplemental delegation are specified in the Agreement between the EPA
Region IX and the NNEPA.
    If, at any time, the EPA Region IX determines that the NNEPA is not
adequately administering or cannot adequately administer the
requirements of part 71 or fulfill the terms of the Agreement, this
supplemental delegation may be revoked, in whole or in part, pursuant
to 40 CFR 71.10(c), after appropriate consultation with the NNEPA. The
EPA will notify the public through a Federal Register notice of a
partial or full termination of this Agreement.
    Under the supplemental delegation, the EPA retains the authority to
(1) object to the issuance of any part 71 permit for sources located in
the Former Bennett Freeze, (2) act upon petitions submitted by the
public regarding sources in the Former Bennett Freeze, and (3) collect
fees from the owners or operators of any sources in the Former Bennett
Freeze if it is demonstrated that the NNEPA is not adequately
administering the part 71 program with respect to the Former Bennett
Freeze, in accordance with the Agreement, 40 CFR part 71, and/or the
Act. Because the EPA is retaining its authority to act upon petitions
submitted pursuant to 40 CFR 71.10(h) and 71.11(n), any such petitions
must be submitted to the EPA Region IX following the procedures set
forth in those regulations.

    Dated: October 21, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020-23921 Filed 11-16-20; 8:45 am]
BILLING CODE 6560-50-P