[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Notices]
[Pages 4196-4197]
[FR Doc No: 2018-01789]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP18-45-000]

Dominion Energy Transmission, Inc.; Notice of Application

    Take notice that on January 10, 2018, Dominion Energy Transmission,
Inc. (Dominion), 120 Tredegar Street, Richmond, Virginia 23219, filed
in Docket No. CP18-45-000 an application pursuant to section 7(c) of
the Natural Gas Act (NGA), and Part 157 of the Commission's regulations
requesting authorization to construct and operate the Sweden Valley
Project (Project), all as more fully set forth in the application which
is on file with the Commission and open to public inspection. The
filing is available for review at the Commission in the Public
Reference Room or may be viewed on the Commission's website 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 at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions concerning this application may be directed to Kenan
W. Carioti, Regulatory & Certificates Analyst III, Dominion Energy
Transmission, Inc., 707 East Main Street, Richmond, VA 23219 at (804)
771-4018.
    Specifically, the Project will enable Dominion to provide 120,000
dekatherms per day of firm transportation service from Pennsylvania to
Ohio for delivery to Tennessee Gas Pipeline Company, L.L.C. The Project
will include construction of: Approximately 1.7 miles 20-inch-diameter
pipeline lateral to the new Port Washington Metering and Regulation
(M&R) delivery point in Tuscarawas County, OH; approximately 3.2 miles
of 24-inch-diameter pipeline looping in Greene County, PA; the re-wheel
of compressors on three existing centrifugal compression sets at
Dominion's existing Newark Compressor Station in Licking County, OH;
the installation of regulation equipment at Dominion existing South
Bend Compressor Station in Armstrong County, PA and Leidy M&R Station
in Clinton County, PA; and the construction of related appurtenant
facilities. Dominion is proposing incremental rates for transportation
service on the facilities proposed for construction herein. The cost of
the project will be $49,876,709 million.
    Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9),
within 90 days of this Notice, the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made in the proceeding with the
Commission and must mail a copy to the applicant and to every other
party. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties.

However, the non-party commentors will not receive copies of all
documents filed by other parties or issued by the Commission (except
for the mailing of environmental documents issued by the Commission)
and will not have the right to seek court review of the Commission's
final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the eFiling link at
http://www.ferc.gov. Persons unable to file electronically should
submit an original and 7 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street NE, Washington,
DC 20426.
    Comment Date: 5:00 p.m. Eastern time on February 14, 2018.

    Dated: January 24, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-01789 Filed 1-29-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Notices]
[Page 56953]
[FR Doc No: 2013-22508]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold an Open Meeting on September 17,
2013, at 3:00 p.m., in Room 10800 at the Commission's headquarters
building, to hear oral argument in an appeal by Montford and Company,
Inc., d/b/a Montford Associates, and Earnest V. Montford from an
initial decision of an administrative law judge.
    The law judge found that Montford Associates, a former investment
adviser, and Montford, its president and sole owner, violated Sections
206(1) and (2) of the Investment Advisers Act of 1940 by failing to
disclose a material conflict of interest: That they were receiving
substantial payments from an investment manager they were also
recommending. The law judge further found that they made materially
false and misleading statements in Forms ADV in violation of Advisers
Act Section 207 and that the firm failed to amend its Forms ADV in
violation of Advisers Act Section 204 and Rule 204-1(a)(2), misconduct
that Montford aided and abetted and caused. The law judge imposed an
industry-wide bar against Montford, entered a cease-and-desist order
against both Respondents, and ordered them to pay disgorgement and
civil penalties totaling $860,000.
    The issues likely to be considered at oral argument include whether
the proceeding should be dismissed under Section 4E of the Securities
Exchange Act of 1934, which provides a ``deadline for completing
enforcement investigations . . . not later than 180 days after''
issuance of a Wells notice; whether Respondents violated the Advisers
Act and its rule by failing to disclose their receipt of $210,000 from
an investment manager that they recommended to clients and, if so, the
extent to which sanctions are warranted under the circumstances.
    For further information, please contact the Office of the Secretary
at<PHONE_NUMBER>.

     Dated: September 10, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-22508 Filed 9-12-13; 11:15 am]
BILLING CODE 8011-01-P


or equal to one gallon per hour. This method must be combined with a
tank tightness test that can detect a 0.2 gallon per hour leak rate
performed at least every three years;
    (iii) Use an automatic tank gauging system to perform release
detection at least every 30 days that can detect a leak rate less than
or equal to two gallons per hour. This method must be combined with a
tank tightness test that can detect a 0.2 gallon per hour leak rate
performed at least every two years;
    (iv) Perform vapor monitoring (conducted in accordance with Sec.
280.43(e) for a tracer compound placed in the tank system) capable of
detecting a 0.1 gallon per hour leak rate at least every two years;
    (v) Perform inventory control (conducted in accordance with
Department of Defense Directive 4140.25; ATA Airport Fuel Facility
Operations and Maintenance Guidance Manual; or equivalent procedures)
at least every 30 days that can detect a leak equal to or less than 0.5
percent of flow-through; and
    (A) Perform a tank tightness test that can detect a 0.5 gallon per
hour leak rate at least every two years; or
    (B) Perform vapor monitoring or groundwater monitoring (conducted
in accordance with Sec.  280.43(e) or (f), respectively, for the stored
regulated substance) at least every 30 days; or
    (vi) Another method approved by the implementing agency if the
owner and operator can demonstrate that the method can detect a release
as effectively as any of the methods allowed in paragraphs (d)(1)(i)
through (v) of this section. In comparing methods, the implementing
agency shall consider the size of release that the method can detect
and the frequency and reliability of detection.
    (2) Methods of release detection for piping. Owners and operators
of underground piping associated with field-constructed tanks less than
or equal to 50,000 gallons must meet the release detection requirements
in subpart D of this part. Owners and operators of underground piping
associated with airport hydrant systems and field-constructed tanks
greater than 50,000 gallons must follow either the requirements in
subpart D (except Sec.  280.43(e) and (f) must be combined with
inventory control as stated below) or use one or a combination of the
following alternative methods of release detection:
    (i)(A) Perform a semiannual or annual line tightness test at or
above the piping operating pressure in accordance with the table below.

           Maximum Leak Detection Rate Per Test Section Volume
------------------------------------------------------------------------
                                            Semiannual     Annual test--
                                            test--leak    leak detection
                                          detection rate    rate not to
      Test section volume (gallons)        not to exceed      exceed
                                           (gallons per    (gallons per
                                               hour)           hour)
------------------------------------------------------------------------
<50,000.................................             1.0            0.5
>=50,000 to <75,000.....................             1.5            0.75
>=75,000 to <100,000....................             2.0            1.0
>=100,000...............................             3.0            1.5
------------------------------------------------------------------------

    (B) Piping segment volumes >=100,000 gallons not capable of meeting
the maximum 3.0 gallon per hour leak rate for the semiannual test may
be tested at a leak rate up to 6.0 gallons per hour according to the
following schedule:

        Phase In For Piping Segments >=100,000 Gallons In Volume
------------------------------------------------------------------------

------------------------------------------------------------------------
First test...................  Not later than October 13, 2018 (may use
                                up to 6.0 gph leak rate).
Second test..................  Between October 13, 2018 and October 13,
                                2021 (may use up to 6.0 gph leak rate).
Third test...................  Between October 13, 2021 and October 13,
                                2022 (must use 3.0 gph for leak rate).
Subsequent tests.............  After October 13, 2022, begin using
                                semiannual or annual line testing
                                according to the Maximum Leak Detection
                                Rate Per Test Section Volume table
                                above.
------------------------------------------------------------------------

    (ii) Perform vapor monitoring (conducted in accordance with Sec.
280.43(e) for a tracer compound placed in the tank system) capable of
detecting a 0.1 gallon per hour leak rate at least every two years;
    (iii) Perform inventory control (conducted in accordance with
Department of Defense Directive 4140.25; ATA Airport Fuel Facility
Operations and Maintenance Guidance Manual; or equivalent procedures)
at least every 30 days that can detect a leak equal to or less than 0.5
percent of flow-through; and
    (A) Perform a line tightness test (conducted in accordance with
paragraph (d)(2)(i) of this section using the leak rates for the
semiannual test) at least every two years; or
    (B) Perform vapor monitoring or groundwater monitoring (conducted
in accordance with Sec.  280.43(e) or (f), respectively, for the stored
regulated substance) at least every 30 days; or
    (iv) Another method approved by the implementing agency if the
owner and operator can demonstrate that the method can detect a release
as effectively as any of the methods allowed in paragraphs (d)(2)(i)
through (iii) of this section. In comparing methods, the implementing
agency shall consider the size of release that the method can detect
and the frequency and reliability of detection.
    (3) Recordkeeping for release detection. Owners and operators must
maintain release detection records according to the recordkeeping
requirements in Sec.  280.45.
    (e) Applicability of closure requirements to previously closed UST
systems. When directed by the implementing agency, the owner and
operator of an UST system with field-constructed tanks or airport
hydrant system permanently closed before October 13, 2015 must assess
the excavation zone and close the UST system in accordance with subpart
G of this part if releases from the UST may, in the judgment of the
implementing agency, pose a current or potential threat to human health
and the environment.

Appendix I to Part 280--Notification for Underground Storage Tanks
(Forms)
[GRAPHIC] [TIFF OMITTED] TR15JY15.043

[GRAPHIC] [TIFF OMITTED] TR15JY15.044

[GRAPHIC] [TIFF OMITTED] TR15JY15.045

[GRAPHIC] [TIFF OMITTED] TR15JY15.046

[GRAPHIC] [TIFF OMITTED] TR15JY15.047

[GRAPHIC] [TIFF OMITTED] TR15JY15.048

Appendix II to Part 280--Notification of Ownership for Underground
Storage Tanks (Form)
[GRAPHIC] [TIFF OMITTED] TR15JY15.049

Appendix III to Part 280--Statement for Shipping Tickets and Invoices

    Note. A federal law (the Solid Waste Disposal Act, as amended),
requires owners of certain underground storage tanks to notify
implementing agencies of the existence of their tanks. Notifications
must be made within 30 days of bringing the tank into use. Consult
EPA's regulation at 40 CFR 280.22 to determine if you are affected
by this law.

0
2. Revise part 281 to read as follows:

PART 281--APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS

Subpart A--Purpose, General Requirements and Scope
Sec.
281.10 Purpose.
281.11 General requirements.
281.12 Scope and definitions.
Subpart B--Components of a Program Application
281.20 Program application.
281.21 Description of state program.
281.22 Procedures for adequate enforcement.
281.23 Memorandum of agreement.
281.24 Attorney General's statement.
Subpart C--Criteria for No Less Stringent
281.30 New UST system design, construction, installation, and
notification.
281.31 Upgrading existing UST systems.
281.32 General operating requirements.
281.33 Release detection.
281.34 Release reporting, investigation, and confirmation.
281.35 Release response and corrective action.
281.36 Out-of-service UST systems and closure.
281.37 Financial responsibility for UST systems containing
petroleum.
281.38 Lender liability.
281.39 Operator training.
Subpart D--Adequate Enforcement of Compliance
281.40 Requirements for compliance program and authority.
281.41 Requirements for enforcement authority.
281.42 Requirements for public participation.
281.43 Sharing of information.
Subpart E--Approval Procedures
281.50 Approval procedures for state programs.
281.51 Revision of approved state programs.
Subpart F--Withdrawal of Approval of State Programs
281.60 Criteria for withdrawal of approval of state programs.
281.61 Procedures for withdrawal of approval of state programs.

    Authority: 42 U.S.C. 6912, 6991(c), 6991(d), 6991(e), 6991(i),
6991(k).

Subpart A--Purpose, General Requirements and Scope

Sec.  281.10  Purpose.

    (a) This part specifies the requirements that state programs must
meet for approval by the Administrator under section 9004 of the Solid
Waste Disposal Act, and the procedures EPA will follow in approving,
revising and withdrawing approval of state programs.
    (b) State submissions for program approval must be in accordance
with the procedures set out in this part.
    (c) A state may apply for approval under this part at any time
after the promulgation of release detection, prevention, and corrective
action regulations under Sec.  9003 of the Solid Waste Disposal Act.
    (d) Any state program approved by the Administrator under this part
shall at all times be conducted in accordance with the requirements of
this part.

Sec.  281.11  General requirements.

    (a) State program elements. The following substantive elements of a
state program must be addressed in a state application for approval:
    (1) Requirements for all existing and new underground storage
tanks:
    (i) New UST systems (design, construction, installation, and
notification);
    (ii) Upgrading of existing UST systems;
    (iii) General operating requirements;
    (iv) Release detection;
    (v) Release reporting, investigation, and confirmation;
    (vi) Out-of-service USTs and closure;
    (vii) Release response and corrective action;
    (viii) Financial responsibility for UST systems containing
petroleum; and
    (ix) Operator training.
    (2) Provisions for adequate enforcement of compliance with the
above program elements.
    (b) Final approval. The state must demonstrate that its
requirements under each state program element for existing and new UST
systems are no less stringent than the corresponding federal
requirements as set forth in subpart C of this part. The state must
also demonstrate that it has a program that provides adequate
enforcement of compliance with these requirements.
    (c) States with programs approved under this part are authorized to
administer the state program in lieu of the federal program and will
have primary enforcement responsibility with respect to the
requirements of the approved program. EPA retains authority to take
enforcement action in approved states as necessary and will notify the
designated lead state agency of any such intended action.

Sec.  281.12  Scope and definitions.

    (a) Scope. (1) The Administrator may approve either partial or
complete state programs. A ``partial'' state program regulates either
solely UST systems containing petroleum or solely UST systems
containing hazardous substances. If a ``partial'' state program is
approved, EPA will administer the remaining part of the program. A
``complete'' state program regulates both petroleum and hazardous
substance tanks.
    (2) EPA will administer the UST program in Indian country, except
where Congress has clearly expressed an intention to grant a state
authority to regulate petroleum and hazardous substance USTs in Indian
country. In either case, this decision will not impair a state's
ability to obtain program approval for petroleum or hazardous
substances in non-Indian country in accordance with this part.
    (3) Nothing in this subpart precludes a state from:
    (i) Adopting or enforcing requirements that are more stringent or
more extensive than those required under this part; or
    (ii) Operating a program with a greater scope of coverage than that
required under this part. Where an approved state program has a greater
scope of coverage than required by federal law, the additional coverage
is not part of the federally-approved program.
    (b) Definitions. (1) The definitions in 40 CFR part 280 apply to
this entire part except as described below.
    (i) States may use the definitions associated with tank and piping
secondary containment as defined in section 9003 of the Solid Waste
Disposal Act.
    (ii) States may use the definitions associated with operator
training as described in Sec.  9010 of the Solid Waste Disposal Act.
    (2) For the purposes of this part the term ``final approval'' means
the approval received by a state program that meets the requirements in
Sec.  281.11(b).

Subpart B--Components of a Program Application

Sec.  281.20  Program application.

    Any state that seeks to administer a program under this part must
submit an application containing the following parts:
    (a) A transmittal letter from the Governor of the state requesting
program approval;

    (b) A description in accordance with Sec.  281.21 of the state
program and operating procedures;
    (c) A demonstration of the state's procedures to ensure adequate
enforcement;
    (d) A Memorandum of Agreement outlining roles and responsibilities
of EPA and the implementing agency;
    (e) An Attorney General's statement in accordance with Sec.  281.25
certifying to applicable state authorities; and
    (f) Copies of all applicable state statutes and regulations.

Sec.  281.21  Description of state program.

    A state seeking to administer a program under this part must submit
a description of the program it proposes to administer under state law
in lieu of the federal program. The description of a state's existing
or planned program must include:
    (a) The scope of the state program:
    (1) Whether the state program regulates UST systems containing
petroleum or hazardous substances, or both;
    (2) Whether the state program is more stringent or broader in scope
than the federal program, and in what ways; and
    (3) Whether the state has any existing authority in Indian country
or has existing agreements with Indian tribes relevant to the
regulation of underground storage tanks.
    (b) The organization and structure of the state and local agencies
with responsibility for administering the program. The jurisdiction and
responsibilities of all state and local implementing agencies must be
delineated, appropriate procedures for coordination set forth, and one
state agency designated as a ``lead agency'' to facilitate
communications between EPA and the state.
    (c) Staff resources to carry out and enforce the required state
program elements, both existing and planned, including the number of
employees, agency where employees are located, general duties of the
employees, and current limits or restrictions on hiring or utilization
of staff.
    (d) An existing state funding mechanism to meet the estimated costs
of administering and enforcing the required state program elements, and
any restrictions or limitations upon this funding.

Sec.  281.22  Procedures for adequate enforcement.

    A state must submit a description of its compliance monitoring and
enforcement procedures, including related state administrative or
judicial review procedures.

Sec.  281.23  Memorandum of agreement.

    EPA and the approved state will negotiate a Memorandum of Agreement
(MOA) containing proposed areas of coordination and shared
responsibilities between the state and EPA and separate EPA and state
roles and responsibilities in areas including, but not limited to:
Implementation of partial state programs; enforcement; compliance
monitoring; EPA oversight; and sharing and reporting of information. At
the time of approval, the MOA must be signed by the Regional
Administrator and the appropriate official of the state lead agency.

Sec.  281.24   Attorney General's statement.

    (a) A state must submit a written demonstration from the Attorney
General that the laws and regulations of the state provide adequate
authority to carry out the program described under Sec.  281.21 and to
meet other requirements of this part. This statement may be signed by
independent legal counsel for the state rather than the Attorney
General, provided that such counsel has full authority to independently
represent the state Agency in court on all matters pertaining to the
state program. This statement must include citations to the specific
statutes, administrative regulations, and where appropriate, judicial
decisions that demonstrate adequate authority to regulate and enforce
requirements for UST systems. State statutes and regulations cited by
the state Attorney General must be fully effective when the program is
approved.
    (b) If a state currently has authority over underground storage
tank activities in Indian country, the statement must contain an
appropriate analysis of the state's authority.

Subpart C--Criteria for No Less Stringent

Sec.  281.30  New UST system design, construction, installation, and
notification.

    In order to be considered no less stringent than the corresponding
federal requirements for new UST system design, construction,
installation, and notification, the state must have requirements that
ensure all new underground storage tanks, and the attached piping in
contact with the ground and used to convey the regulated substance
stored in the tank, conform to the following:
    (a) Be designed, constructed, and installed in a manner that will
prevent releases for their operating life due to manufacturing defects,
structural failure, or corrosion. Unless the state requires
manufacturer and installer financial responsibility and installer
certification in accordance with section 9003(i)(2) of the Solid Waste
Disposal Act, then the state must meet the following:
    (1) New or replaced tanks and piping must use interstitial
monitoring within secondary containment in accordance with section
9003(i)(1) of the Solid Waste Disposal Act except as follows:
    (i) Underground piping associated with: Airport hydrant systems or
field-constructed tanks greater than 50,000 gallons or
    (ii) Underground suction piping that meets Sec.  281.33(d)(2)(ii).
    (2) New motor fuel dispenser systems installed and connected to an
UST system must be equipped with under-dispenser containment in
accordance with section 9003(i)(1) of the Solid Waste Disposal Act.

    Note to paragraph (a). Codes of practice developed by nationally
recognized organizations and national independent testing
laboratories may be used to demonstrate that the state program
requirements are no less stringent in this area.

    (b) Be provided with equipment to prevent spills and tank overfills
when new tanks are installed or existing tanks are upgraded, unless the
tank does not receive more than 25 gallons at one time. Flow
restrictors used in vent lines are not allowable forms of overfill
prevention when overfill prevention is installed or replaced.
    (c) All UST system owners and operators must notify the
implementing agency of the existence of any new UST system and notify
the implementing agency within a reasonable timeframe when assuming
ownership of an UST system using a process designated by the
implementing agency.

Sec.  281.31  Upgrading existing UST systems.

    In order to be considered no less stringent than the corresponding
federal upgrading requirements, the state must have requirements that
ensure existing UST systems meet the requirements of Sec.  281.30; are
upgraded to prevent releases for their operating life due to corrosion,
spills, or overfills; or are permanently closed with the following
exceptions:
    (a) Upgrade requirements for previously deferred UST systems.
Previously deferred airport hydrant fuel distribution systems and UST
systems with field-constructed tanks must within three years of the
effective date of its state requirements meet the requirements of Sec.
281.30 or be permanently closed. This provision would not apply,
however, to states that did not defer these UST systems and

already had, prior to the effective date of this provision, existing
requirements with specified compliance periods for these types of UST
systems.
    (b) Upgrade requirements for other UST systems. States may allow
UST systems to be upgraded if the state determines that the upgrade is
appropriate to prevent releases for the operating life of the UST
system due to corrosion and spills or overfills.

Sec.  281.32  General operating requirements.

    In order to be considered no less stringent than the corresponding
federal general operating requirements, the state must have
requirements that ensure all new and existing UST systems conform to
the following:
    (a) Prevent spills and overfills by ensuring that the space in the
tank is sufficient to receive the volume to be transferred and that the
transfer operation is monitored constantly;
    (b) Where equipped with cathodic protection, be operated and
maintained by a person with sufficient training and experience in
preventing corrosion, and in a manner that ensures that no releases
occur during the operating life of the UST system;

    Note to paragraph (b).  Codes of practice developed by
nationally recognized organizations and national independent testing
laboratories may be used to demonstrate the state program
requirements are no less stringent.

    (c) Be made of or lined with materials that are compatible with the
substance stored; in order to ensure compatibility, the state
requirements must also include provisions for demonstrating
compatibility with new and innovative regulated substances or other
regulated substances identified by the implementing agency or include
other provisions determined by the implementing agency to be no less
protective of human health and the environment than the provisions for
demonstrating compatibility;
    (d) At the time of upgrade or repair, be structurally sound and
upgraded or repaired in a manner that will prevent releases due to
structural failure or corrosion during their operating lives;
    (e) Have spill and overfill prevention equipment periodically
tested or inspected in a manner and frequency that ensures its
functionality for the operating life of the equipment and have the
integrity of containment sumps used for interstitial monitoring of
piping periodically tested in a manner and frequency that prevents
releases during the operating life of the UST system;
    (f) Have operation and maintenance walkthrough inspections
periodically conducted in a manner and frequency that ensures proper
operation and maintenance for the operating life of the UST system; and
    (g) Have records of monitoring, testing, repairs, and inspections.
These records must be made readily available when requested by the
implementing agency.

Sec.  281.33  Release detection.

    In order to be considered no less stringent than the corresponding
federal requirements for release detection, the state must have
requirements that at a minimum ensure all UST systems are provided with
release detection that conforms to the following:
    (a) General methods. Release detection requirements for owners and
operators must consist of a method, or combination of methods, that is:
    (1) Capable of detecting a release of the regulated substance from
any portion of the UST system that routinely contains regulated
substances--as effectively as any of the methods allowed under this
part--for as long as the UST system is in operation. In comparing
methods, the implementing agency shall consider the size of release
that the method can detect and the speed and reliability with which the
release can be detected.
    (2) Designed, installed, calibrated, operated and maintained so
that releases will be detected in accordance with the capabilities of
the method;
    (3) Operated and maintained, and electronic and mechanical
components and other equipment are tested or inspected periodically, in
a manner and frequency that ensures proper operation to detect releases
for the operating life of the release detection equipment.
    (b) Phase-in of requirements. Release detection requirements must,
at a minimum, be applied at all UST systems immediately, except for UST
systems previously deferred under Sec.  280.10(a)(1). Release detection
requirements must, at a minimum, be scheduled to be applied to those
previously deferred UST systems as follows:
    (1) Immediately when a new previously deferred UST system is
installed; and
    (2) For any previously deferred UST system within three years of
the effective date of its state requirements. This provision would not
apply, however, to states that did not defer these UST systems and
already had, prior to the effective date of this provision, existing
release detection requirements with specified compliance periods for
these types of UST systems.
    (c) Requirements for petroleum tanks. All petroleum tanks must meet
the following requirements:
    (1) All petroleum tanks must be sampled, tested, or checked for
releases at least monthly, except that tanks installed before October
13, 2015 or upgraded tanks (that is, tanks and piping protected from
releases due to corrosion and equipped with both spill and overfill
prevention devices) may temporarily use monthly inventory control (or
its equivalent) in combination with tightness testing (or its
equivalent) conducted every five years for the first 10 years after the
tank is installed; and
    (2) New or replaced petroleum tanks must use interstitial
monitoring within secondary containment in accordance with section
9003(i)(1) of the Solid Waste Disposal Act except when the state
requires manufacturer and installer financial responsibility and
installer certification in accordance with section 9003(i)(2) of the
Solid Waste Disposal Act.
    (d) Requirements for petroleum piping. All underground piping
attached to the tank that routinely conveys petroleum must conform to
the following:
    (1) If the petroleum is conveyed under greater than atmospheric
pressure:
    (i) The piping must be equipped with release detection that detects
a release within an hour by restricting or shutting off flow or
sounding an alarm; and
    (ii) The piping must have monthly monitoring applied or annual
tightness tests conducted.
    (2) If suction lines are used:
    (i) Tightness tests must be conducted at least once every three
years, unless a monthly method of detection is applied to this piping;
or
    (ii) The piping is designed to allow the contents of the pipe to
drain back into the storage tank if the suction is released and is also
designed to allow an inspector to immediately determine the integrity
of the piping system.
    (3) Except as provided for in Sec.  281.30(a)(1) new or replaced
petroleum piping must use interstitial monitoring within secondary
containment in accordance with section 9003(i)(1) of the Solid Waste
Disposal Act except when the state requires evidence of financial
responsibility and certification in accordance with section 9003(i)(2)
of the Solid Waste Disposal Act.
    (e) Requirements for hazardous substance UST systems. All new
hazardous substance UST systems must use interstitial monitoring within
secondary containment of the tanks and the attached underground piping
that

conveys the regulated substance stored in the tank. For hazardous
substance UST systems installed prior to October 13, 2015, owners and
operators can use another form of release detection if the owner and
operator can demonstrate to the state (or the state otherwise
determines) that another method will detect a release of the regulated
substance as effectively as other methods allowed under the state
program for petroleum UST systems and that effective corrective action
technology is available for the hazardous substance being stored that
can be used to protect human health and the environment.

Sec.  281.34  Release reporting, investigation, and confirmation.

    In order to be considered no less stringent than the corresponding
federal requirements for release reporting, investigation, and
confirmation, the state must have requirements that ensure all owners
and operators conform with the following:
    (a) Promptly investigate all suspected releases, including:
    (1) When unusual operating conditions, release detection signals
and environmental conditions at the site suggest a release of regulated
substances may have occurred or the interstitial space may have been
compromised; and
    (2) When required by the implementing agency to determine the
source of a release having an impact in the surrounding area; and
    (b) Promptly report all confirmed underground releases and any
spills and overfills that are not contained and cleaned up.
    (c) Ensure that all owners and operators contain and clean up
unreported spills and overfills in a manner that will protect human
health and the environment.

Sec.  281.35  Release response and corrective action.

    In order to be considered no less stringent than the corresponding
federal requirements for release response and corrective action, the
state must have requirements that ensure:
    (a) All releases from UST systems are promptly assessed and further
releases are stopped;
    (b) Actions are taken to identify, contain and mitigate any
immediate health and safety threats that are posed by a release (such
activities include investigation and initiation of free product
removal, if present);
    (c) All releases from UST systems are investigated to determine if
there are impacts on soil and groundwater, and any nearby surface
waters. The extent of soil and groundwater contamination must be
delineated when a potential threat to human health and the environment
exists.
    (d) All releases from UST systems are cleaned up through soil and
groundwater remediation and any other steps are taken, as necessary to
protect human health and the environment;
    (e) Adequate information is made available to the state to
demonstrate that corrective actions are taken in accordance with the
requirements of paragraphs (a) through (d) of this section. This
information must be submitted in a timely manner that demonstrates its
technical adequacy to protect human health and the environment; and
    (f) In accordance with Sec.  280.67, the state must notify the
affected public of all confirmed releases requiring a plan for soil and
groundwater remediation, and upon request provide or make available
information to inform the interested public of the nature of the
release and the corrective measures planned or taken.

Sec.  281.36  Out-of-service UST systems and closure.

    In order to be considered no less stringent than the corresponding
federal requirements for temporarily closed UST systems and permanent
closure, the state must have requirements that ensure UST systems
conform with the following:
    (a) Removal from service. All new and existing UST systems
temporarily closed must:
    (1) Continue to comply with general operating requirements, release
reporting and investigation, and release response and corrective
action;
    (2) Continue to comply with release detection requirements if
regulated substances are stored in the tank;
    (3) Be closed off to outside access; and
    (4) Be permanently closed if the UST system has not been protected
from corrosion and has not been used in one year, unless the state
approves an extension after the owner and operator conducts a site
assessment.
    (b) Permanent closure of UST systems. All tanks and piping must be
cleaned and permanently closed in a manner that eliminates the
potential for safety hazards and any future releases. The owner or
operator must notify the state of permanent UST system closures. The
site must also be assessed to determine if there are any present or
were past releases, and if so, release response and corrective action
requirements must be complied with.
    (c) All UST systems taken out of service before the effective date
of the federal regulations must permanently close in accordance with
paragraph (b) of this section when directed by the implementing agency.

Sec.  281.37  Financial responsibility for UST systems containing
petroleum.

    (a) In order to be considered no less stringent than the federal
requirements for financial responsibility for UST systems containing
petroleum, the state requirements for financial responsibility for
petroleum UST systems must ensure that:
    (1) Owners and operators have $1 million per occurrence for
corrective action and third-party claims in a timely manner to protect
human health and the environment;
    (2) Owners and operators not engaged in petroleum production,
refining, and marketing and who handle a throughput of 10,000 gallons
of petroleum per month or less have $500,000 per occurrence for
corrective action and third-party claims in a timely manner to protect
human health and the environment;
    (3) Owners and operators of 1 to 100 petroleum USTs must have an
annual aggregate of $1 million; and
    (4) Owners and operators of 101 or more petroleum USTs must have an
annual aggregate of $2 million.
    (b) States may allow the use of a wide variety of financial
assurance mechanisms to meet this requirement. Each financial mechanism
must meet the following criteria in order to be no less stringent than
the federal requirements. The mechanism must: Be valid and enforceable;
be issued by a provider that is qualified or licensed in the state; not
permit cancellation without allowing the state to draw funds; ensure
that funds will only and directly be used for corrective action and
third party liability costs; and require that the provider notify the
owner or operator of any circumstances that would impair or suspend
coverage.
    (c) States must require owners and operators to maintain records
that demonstrate compliance with the state financial responsibility
requirements, and these records must be made readily available when
requested by the implementing agency.

Sec.  281.38  Lender liability.

    (a) A state program that contains a security interest exemption
will be considered to be no less stringent than, and as broad in scope
as, the federal program provided that the state's exemption:
    (1) Mirrors the security interest exemption provided for in 40 CFR
part 280, subpart I; or

    (2) Achieves the same effect as provided by the following key
criteria:
    (i) A holder, meaning a person who maintains indicia of ownership
primarily to protect a security interest in a petroleum UST or UST
system or facility or property on which a petroleum UST or UST system
is located, who does not participate in the management of the UST or
UST system as defined under Sec.  280.10 of this chapter, and who does
not engage in petroleum production, refining, and marketing as defined
under Sec.  280.200(b) of this chapter is not:
    (A) An ``owner'' of a petroleum UST or UST system or facility or
property on which a petroleum UST or UST system is located for purposes
of compliance with the requirements of 40 CFR part 280; or
    (B) An ``operator'' of a petroleum UST or UST system for purposes
of compliance with the requirements of 40 CFR part 280, provided the
holder is not in control of or does not have responsibility for the
daily operation of the UST or UST system.
    (ii) [Reserved]
    (b) [Reserved]

Sec.  281.39  Operator training.

    In order to be considered no less stringent than the corresponding
federal requirements for operator training, the state must have an
operator training program that meets the minimum requirements of
section 9010 of the Solid Waste Disposal Act.

Subpart D--Adequate Enforcement of Compliance

Sec.  281.40  Requirements for compliance monitoring program and
authority.

    (a) Any authorized representative of the state engaged in
compliance inspections, monitoring, or testing must have authority to
obtain by request any information from an owner or operator with
respect to the UST system(s) that is necessary to determine compliance
with the UST regulations.
    (b) Any authorized representative of the state must have authority
to require an owner or operator to conduct monitoring or testing.
    (c) Authorized representatives must have the authority to enter any
site or premises subject to UST regulations or in which records
relevant to the operation of the UST system(s) are kept, and to copy
these records, obtain samples of regulated substances, and inspect or
conduct the monitoring or testing of UST system(s).
    (d) State programs must have procedures for receipt, evaluation,
retention, and investigation of records and reports required of owners
or operators and must provide for enforcement of failure to submit
these records and reports.
    (e)(1) State programs must have inspection procedures to determine,
independent of information supplied by regulated persons, compliance
with program requirements, and must provide for enforcement of failure
to comply with the program requirements. States must maintain a program
for systematic inspections of facilities subject to UST regulations in
a manner designed to determine compliance or non-compliance, to verify
accuracy of information submitted by owners or operators of regulated
USTs, and to verify adequacy of methods used by owners or operators in
developing that information.
    (2) When inspections are conducted, samples taken, or other
information gathered, these procedures must be conducted in a manner
(for example, using proper ``chain of custody'' procedures) that will
produce evidence admissible in an enforcement proceeding, or in court.
    (f) Public effort in reporting violations must be encouraged and
states must make available information on reporting procedures. State
programs must maintain a program for investigating information obtained
from the public about suspected violations of UST program requirements.
    (g) The state must maintain the data collected through inspections
and evaluation of records in such a manner that the implementing agency
can monitor over time the compliance status of the regulated community.
Any compilation, index, or inventory of such facilities and activities
shall be made available to EPA upon request.

Sec.  281.41  Requirements for enforcement authority.

    (a) Any state administering a program must have the authority to
implement the following remedies for violations of state program
requirements:
    (1) To restrain immediately and effectively any person by order or
by suit in state court from engaging in any unauthorized activity that
is endangering or causing damage to public health or the environment;
    (2) To sue in courts of competent jurisdiction to enjoin any
threatened or continuing violation of any program requirement;
    (3) To assess or sue to recover in court civil penalties as
follows:
    (i) Civil penalties for failure to notify or for submitting false
information pursuant to tank notification requirements must be capable
of being assessed up to $5,000 or more per violation.
    (ii) Civil penalties for failure to comply with any state
requirements or standards for existing or new tank systems must be
capable of being assessed for each instance of violation, up to $5,000
or more for each tank for each day of violation. If the violation is
continuous, civil penalties shall be capable of being assessed up to
$5,000 or more for each day of violation.
    (4) To prohibit the delivery, deposit, or acceptance of a regulated
substance into an underground storage tank identified by the
implementing agency to be ineligible for such delivery, deposit, or
acceptance in accordance with section 9012 of the Solid Waste Disposal
Act.
    (b) The burden of proof and degree of knowledge or intent required
under state law for establishing violations under paragraph (a)(3) of
this section, must be no greater than the burden of proof or degree of
knowledge or intent that EPA must provide when it brings an action
under Subtitle I of the Solid Waste Disposal Act.
    (c) A civil penalty assessed, sought, or agreed upon by the
implementing agency(ies) under paragraph (a)(3) of this section must be
appropriate to the violation.

Sec.  281.42  Requirements for public participation.

    Any state administering a program must provide for public
participation in the state enforcement process by providing any one of
the following three options:
    (a) Authority that allows intervention analogous to Federal Rule
24(a)(2) from Title IV of the Federal Rules of Civil Procedure, and
assurance by the state that it will not oppose intervention under the
state analogue to Rule 24(a)(2) on the ground that the applicant's
interest is adequately represented by the state.
    (b) Authority that allows intervention of right in any civil action
to obtain the remedies specified in Sec.  281.41 by any citizen having
an interest that is or may be adversely affected; or
    (c) Assurance by the appropriate state agency that:
    (1) It will provide notice and opportunity for public comment on
all proposed settlements of civil enforcement actions (except where
immediate action is necessary to adequately protect human health and
the environment);
    (2) It will investigate and provide responses to citizen complaints
about violations; and

    (3) It will not oppose citizen intervention when permissive
intervention is allowed by statute, rule, or regulation.

Sec.  281.43  Sharing of information.

    (a) States with approved programs must furnish EPA, upon request,
any information in state files obtained or used in the administration
of the state program. This information includes:
    (1) Any information submitted to the state under a claim of
confidentiality. The state must submit that claim to EPA when providing
such information. Any information obtained from a state and subject to
a claim of confidentiality will be treated in accordance with federal
regulations in 40 CFR part 2; and
    (2) Any information that is submitted to the state without a claim
of confidentiality. EPA may make this information available to the
public without further notice.
    (b) EPA must furnish to states with approved programs, upon
request, any information in EPA files that the state needs to
administer its approved state program. Such information includes:
    (1) Any information that is submitted to EPA without a claim of
confidentiality; and
    (2) Any information submitted to EPA under a claim of
confidentiality, subject to the conditions in 40 CFR part 2.

Subpart E--Approval Procedures

Sec.  281.50  Approval procedures for state programs.

    (a) The following procedures are required for all applications,
regardless of whether the application is for a partial or complete
program, as defined in Sec.  281.12.
    (b) Before submitting an application to EPA for approval of a state
program, the state must provide an opportunity for public notice and
comment in the development of its underground storage tank program.
    (c) When EPA receives a state program application, EPA will examine
the application and notify the state whether its application is
complete, in accordance with the application components required in
Sec.  281.20. The 180-day statutory review period begins only after EPA
has determined that a complete application has been received.
    (d) The state and EPA may by mutual agreement extend the review
period.
    (e) After receipt of a complete program application, the
Administrator will tentatively determine approval or disapproval of the
state program. EPA shall issue public notice of the tentative
determination in the Federal Register and other mechanisms to attract
state-wide attention. Notice of the tentative determination must also:
    (1) Afford the public 30 days after the notice to comment on the
state's application and the Administrator's tentative determination;
and
    (2) Include a general statement of the areas of concern, if the
Administrator indicates the state program may not be approved; and
    (3) Note the availability for inspection by the public of the state
program application; and
    (4) Indicate that a public hearing will be held by EPA no earlier
than 30 days after notice of the tentative determination unless
insufficient public interest is expressed, at which time the Regional
Administrator may cancel the public hearing.
    (f) Within 180 days of receipt of a complete state program
application, the Administrator must make a final determination whether
to approve the state program after review of all public comments. EPA
will give notice of its determination in the Federal Register and
codify the approved state program. The notice must include a statement
of the reasons for this determination and a response to significant
comments received.

Sec.  281.51  Revision of approved state programs.

    (a) Either EPA or the approved state may initiate program revision.
Program revision may be necessary when the controlling federal or state
statutory or regulatory authority is changed or when responsibility for
the state program is shifted to a new agency or agencies. The state
must inform EPA of any proposed modifications to its basic statutory or
regulatory authority or change in division of responsibility among
state agencies. EPA will determine in each case whether a revision of
the approved program is required. Approved state programs must submit a
revised application within three years of any changes to this part that
requires a program revision.
    (b) Whenever the Administrator has reason to believe that
circumstances have changed with respect to an approved state program or
the federal program, the Administrator may request, and the state must
provide, a revised application as prescribed by EPA.
    (c) The Administrator will approve or disapprove program revisions
based on the requirements of this part and Subtitle I of the Solid
Waste Disposal Act pursuant to the procedures under this section, or
under Sec.  281.50 if EPA has reason to believe the proposed revision
will receive significant negative comment from the public.
    (1) The Administrator must issue public notice of planned approval
or disapproval of a state program revision in the Federal Register and
other mechanisms to attract state-wide attention. The public notice
must summarize the state program revision, indicate whether EPA intends
to approve or disapprove the revision, and provide for an opportunity
to comment for a period of 30 days.
    (2) The Administrator's decision on the proposed revision becomes
effective 60 days after the date of publication in the Federal Register
in accordance with paragraph (c)(1) of this section, unless significant
negative comment opposing the proposed revision is received during the
comment period. If significant negative comment is received, EPA must
notify the state and within 60 days after the date of publication,
publish in the Federal Register either:
    (i) A withdrawal of the immediate final decision, which will then
be treated as a tentative decision in accordance with the applicable
procedures of Sec.  281.50(e) and (f); or
    (ii) A notice that contains a response to significant negative
comments and affirms either that the immediate final decision takes
effect or reverses the decision.
    (d) Revised state programs that receive approval must be codified
in the Federal Register.

Subpart F--Withdrawal of Approval of State Programs

Sec.  281.60  Criteria for withdrawal of approval of state programs.

    The Administrator may withdraw program approval when the Agency
determines that a state no longer has adequate regulatory or statutory
authority or is not administering and enforcing an approved program in
accordance with this part. The state must have adequate capability to
administer and enforce the state program. In evaluating whether such
capability exists, the Agency will consider whether the state is
implementing an adequate enforcement program by evaluating the quality
of compliance monitoring and enforcement actions.

Sec.  281.61  Procedures for withdrawal of approval of state programs.

    (a) The following procedures apply when a state with an approved
program voluntarily transfers to EPA those program responsibilities
required by federal law.
    (1) The state must give EPA notice of the proposed transfer, and
submit, at

least 90 days before the transfer, a plan for the orderly transfer of
all relevant program information necessary for EPA to administer the
program.
    (2) Within 30 days of receiving the state's transfer plan, EPA must
evaluate the plan and identify any additional information needed by the
federal government for program administration.
    (3) At least 30 days before the transfer is to occur, EPA must
publish notice of the transfer in the Federal Register and other
mechanisms to attract state-wide attention.
    (b) The following procedures apply when the Administrator considers
withdrawing approval.
    (1) When EPA begins proceedings to determine whether to withdraw
approval of a state program (either on its own initiative or in
response to a petition from an interested person), withdrawal
proceedings will be conducted in accordance with procedures set out in
40 CFR 271.23(b) and (c), except for Sec.  271.23(b)(8)(iii) to the
extent that it deviates from requirements under Sec.  281.60.
    (2) If the state fails to take appropriate action within a
reasonable time, not to exceed 120 days after notice from the
Administrator that the state is not administering and enforcing its
program in accordance with the requirements of this part, EPA will
withdraw approval of the state's program.

[FR Doc. 2015-15914 Filed 7-14-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Notices]
[Pages 17508-17510]
[FR Doc No: 2017-07162]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0023; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming
Model Year 2010 Chevrolet Camaro Passenger Cars (PC) Are Eligible for
Importation

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

ACTION: Receipt of petition.

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

SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
model year (MY) 2010 Chevrolet Camaro Passenger Cars (PC) that were not
originally manufactured to comply with all applicable Federal motor
vehicle safety standards (FMVSS), are eligible for importation into the
United States because they are substantially similar to vehicles that
were originally manufactured for sale in the United States and that
were certified by their manufacturer as complying with the safety
standards (the U.S.-certified version of the 2010 Chevrolet Camaro PC)
and they are capable of being readily altered to conform to the
standards.

DATES: The closing date for comments on the petition is May 11, 2017.

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 in the title of this notice and be
submitted by any of the following methods:
     Mail: Send comments 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 Delivery: 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 https://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 comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the Internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided that
the motor vehicle is substantially similar to a motor vehicle
originally manufactured for importation into and sale in the United
States, certified under 49 U.S.C. 30115, and of the same model year as
the model of the motor vehicle to be compared, and is capable of being
readily altered to conform to all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
    Wallace Environmental Testing Laboratories, Inc. (WETL), Inc. of
Houston, Texas (Registered Importer R-90-005) has petitioned NHTSA to
decide whether nonconforming 2010 Chevrolet Camaro PC's are eligible
for importation into the United States. The vehicles which WETL
believes are substantially similar are MY 2010 Chevrolet Camaro PC's
sold in the United States and certified by their manufacturer as
conforming to all applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified MY 2010
Chevrolet Camaro PC's to their U.S.-certified counterparts, and found
the vehicles to be substantially similar with respect to compliance
with most FMVSS.
    WETL submitted information with its petition intended to
demonstrate that non-U.S. certified MY 2010 Chevrolet Camaro PC's, as
originally manufactured, conform to many applicable FMVSS in the same
manner as their U.S.-certified counterparts, or are capable of being
readily altered to conform to those standards. Specifically, the
petitioner claims that the non U.S.-certified MY 2010 Chevrolet Camaro
PC's, as originally manufactured, conform to: Standard Nos. 102
Transmission Shift Lever Sequence, Starter Interlock, and Transmission
Braking Effect, 103 Windshield Defrosting and Defogging Systems, 104
Windshield Wiping and Washing Systems, 106 Brake Hoses, 108 Lamps,
Reflective Devices and Associated Equipment, 111 Rear Visibility, 113
Hood Latch System, 114 Theft Protection and Rollaway Prevention, 116
Motor Vehicle Brake Fluids, 118 Power-Operated Window, Partition, and
Roof Panel System, 124 Accelerator Control Systems, 126 Electronic
Stability Control Systems, 135 Light Vehicle Brake Systems, 201
Occupant Protection in Interior Impact, 202a Head Restraints,203 Impact
Protection from Steering Control System, 204 Steering Control Rearward
Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention
Components, 207 Seating Systems, 209 Seat Belt Assemblies, 210 Seat
Belt Assembly Anchorages, 212 Windshield Mounting, 214 Side Impact
Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion,
225 Child Restraint Anchorage Systems, 301 Fuel System Integrity, 302
Flammability of Interior Materials.
    The petitioner also contends that the subject non-U.S certified
vehicles are capable of being readily altered to meet the following
standards, in the manner indicated:
    Standard No. 101 Controls and Displays: Replacement of the original
instrument cluster with the U.S. model component and reprogramming the
associated software as described in the petition.
    Standard No. 110 Tire Selection and Rims: installation of the
required tire information placard.
    Standard No. 138 Tire Pressure Monitoring Systems: Installation of
a tire pressure monitoring system identical to, and with the same part
number as the system installed in the U.S. Certified vehicle.
    Standard No. 208 Occupant Crash Protection: All programs in this
system are based on the USA SA program codes and all hardware parts
bear the USA part numbers. In addition, documentation required as part
of an Owner's manual or supplemental documentation must be provided by
the Registered Importer.
    The petitioner additionally states that a vehicle identification
plate must be affixed to the vehicle near the left windshield pillar to
meet the requirements of 49 CFR part 565.
    Because the subject petition covers nonconforming vehicles that
have been manufactured on or after September 1, 2006, compliance with
the advanced air bag requirements of FMVSS No. 208 is of significant
concern to the agency. NHTSA is therefore particularly interested in
comments regarding the ability of a Registered Importer to readily
alter the subject vehicles to fully meet the driver and front outboard
passenger frontal crash protection and child passenger protection
requirements of FMVSS No. 208. The following is a partial listing of
the components that may be affected:

a. Driver's frontal air bag module
b. Passenger frontal air bag module
c. Passenger frontal air bag cover
d. Knee air bags
e. Knee bolsters
f. Passenger outboard frontal seat belt system
g. Driver and front outboard seat assemblies including seat tracks and
internal seat components

h. Steering wheel components, including the clock spring assembly, the
steering column, and all connecting components
i. Instrument panel
j. Instrument panel support structure (i.e. cross beam)
k. Occupant sensing and classification systems, including sensors and
processors
l. Restraint control modules
m. Passenger air bag status indicator light system, including related
display components and wiring
n. Wiring harnesses between the restraint control module, occupant
classification system and restraint system components
o. Control system computer software and firmware.

    All comments received before the close of business on the closing
date indicated above will be considered, and will be available for
examination in the docket at the above addresses both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
will be published in the Federal Register pursuant to the authority
indicated below.

    Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-07162 Filed 4-10-17; 8:45 am]
BILLING CODE 4910-59-P