[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Pages 30616-30619]
[FR Doc No: 2014-12289]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0017]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Voluntary National
Retail Food Regulatory Program Standards

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by June
27, 2014.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0621.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Voluntary National Retail Food Regulatory Program Standards--(OMB
Control Number 0910-0621)--Extension

    The Voluntary National Retail Food Regulatory Program Standards
(Program Standards) define nine essential elements of an effective
regulatory program for retail food establishments; establish basic
quality control criteria for each element; and provide a means of
recognition for those State, local, territorial, tribal, and Federal
regulatory programs that meet the Program Standards. The program
elements addressed by the Program Standards are as follows: (1)
Regulatory foundation, (2) trained regulatory staff, (3) inspection
program based on Hazard Analysis and Critical Control Point (HACCP)
principles, (4) uniform inspection program, (5) foodborne illness and
food defense preparedness and response, (6) compliance and enforcement,
(7) industry and community relations, (8) program support and
resources, and (9) program assessment. Each standard includes a list of
records needed to document conformance with the standard (referred to
in the Program Standards document

as ``quality records'') and has one or more corresponding forms and
worksheets to facilitate the collection of information needed to assess
the retail food regulatory program against that standard. The
respondents are State, local, territorial, tribal, and potentially
other Federal regulatory agencies. Regulatory agencies may use
existing, available records or may choose to develop and use alternate
forms and worksheets that capture the same information.
    In the course of their normal activities, State, local,
territorial, tribal, and Federal regulatory agencies already collect
and keep on file many of the records needed as quality records to
document compliance with each of the Program Standards. Although the
detail and format in which this information is collected and recorded
may vary by jurisdiction, records that are kept as a usual and
customary part of normal agency activities include inspection records,
written quality assurance procedures, records of quality assurance
checks, staff training certificates and other training records, a log
or database of food-related illness or injury complaints, records of
investigations resulting from such complaints, an inventory of
inspection equipment, records of outside audits, and records of
outreach efforts (e.g., meeting agendas and minutes, documentation of
food safety education activities). No new recordkeeping burden is
associated with these existing records, which are already a part of
usual and customary program recordkeeping activities by State, local,
territorial, tribal, and Federal regulatory agencies, and which can
serve as quality records under the Program Standards.
    State, local, territorial, tribal, and Federal regulatory agencies
that enroll in the Program Standards and seek listing in the FDA
National Registry are required to report to FDA on the completion of
the following three management tasks outlined in the Program Standards:
(1) Conducting a program self-assessment, (2) conducting a risk factor
study of the regulated industry, and (3) obtaining an independent
outside audit (verification audit). The results are reported to FDA on
Form FDA 3519, ``FDA National Registry Report'' and Form FDA 3520,
``Release Record and Agreement--Permission to Publish in National
Registry (Permission to Publish in National Registry).'' These forms
are provided in the Program Standards document, and are also provided
on FDA's Web site at: http://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/ProgramStandards/default.htm. If a regulatory
agency follows all the recordkeeping recommendations in the individual
standards and their sample worksheets, it will have all the information
needed to complete the forms.
    In April 2012, the Conference for Food Protection (CFP) recommended
that FDA make two changes to the Program Standards. The changes have
been incorporated into the 2013 version, the draft of which will be
available on FDA's Web site. The first change was the addition of a new
criterion in Standard 9. In order to show conformance with Standard 9,
jurisdictions must implement an intervention strategy to address risk
factors identified in the risk factor study, and then assess the
effectiveness of the intervention strategy through subsequent risk
factor studies or other similar tools. The second change was the
creation of an Administrative Procedures document. The procedures for
enrolling and participating in the Program Standards were previously
included in Standard 9, along with other criteria specific to
conducting a risk factor study. Stakeholders requested that information
pertaining to enrollment and participation in the Program Standards be
included in a separate, stand-alone document. Therefore, the
information about the administration of the Program Standards,
previously in Standard 9, is now provided in the Administrative
Procedures document.
    FDA analyzed whether incorporation of these two changes alters its
estimate of the recordkeeping and reporting burdens. FDA concluded that
there will be no change to the annual recordkeeping burden estimate. In
the course of their normal activities, State, local, territorial,
tribal, and Federal regulatory agencies already implement and document
intervention strategies to address identified risk factors at regulated
food establishments. The intention of the new criterion in Standard 9
is two-fold: (1) To ensure that development and implementation of the
intervention strategy is guided by data collected through the risk
factor study or other similar tools and (2) to ensure that the
regulatory agency considers the effectiveness of the implemented
intervention strategy in light of subsequent data. FDA notes that
jurisdictions have the option to analyze their inspection data as
indicated by the Standard 9 criteria, in lieu of conducting a risk
factor study. This is a less resource-intensive method for tracking
risk factor trends over time. However, the Agency has not changed its
estimate of 333 hours for Standard 9 shown in table 2 of this document.
The Agency will reevaluate its estimate based on data it receives in
the future from participating jurisdictions. As stated in the preceding
paragraph, the second change resulted in the relocation of existing
information from Standard 9 to the Administrative Procedures document
in the 2013 version of the Program Standards. Because there were no
changes to content, there will be no changes to the annual
recordkeeping burden. The two noted changes had no effect on the
reporting burden hour estimates shown in table 2 of this document.

Recordkeeping

    FDA's recordkeeping burden estimate includes time required for a
State, local, territorial, tribal, or Federal agency to review the
instructions in the Program Standards, compile information from
existing sources, and create any records recommended in the Program
Standards that are not already kept in the normal course of the
agency's usual and customary activities. Sample worksheets are provided
to assist in this compilation. In estimating the time needed for the
program self-assessment (Program Standards 1 through 8, shown in table
1 of this document), FDA considered responses from four State and three
local jurisdictions that participated in an FDA Program Standards pilot
study. Table 2 of this document shows the estimated recordkeeping
burden for the completion of the baseline data collection, and table 3
of this document shows the estimated recordkeeping burden for the
verification audit.

                        Table 1--Self-Assessment
------------------------------------------------------------------------
                                                            Hours per
            Standard             Recordkeeping activity       record
------------------------------------------------------------------------
No. 1: Regulatory Foundation...  Self-Assessment:                   16
                                  Completion of
                                  worksheet recording
                                  results of
                                  evaluations and
                                  comparison on
                                  worksheets \1\.

No. 2: Trained Regulatory Staff  Self-Assessment:                   19.3
                                  Completion of CFP
                                  Field Training Manual
                                  and Documentation of
                                  Successful
                                  Completion--Field
                                  Training Process;
                                  completion of summary
                                  worksheet of each
                                  employee training
                                  records 1 2.
No. 3: HACCP Principles........  Self-Assessment:                    4
                                  Completion of
                                  worksheet
                                  documentation \1\.
No. 4: Uniform Inspection        Self-Assessment:                   19
 Program.                         Completion of
                                  worksheet
                                  documentation of
                                  jurisdiction's
                                  quality assurance
                                  procedures 1 2.
No. 5: Foodborne Illness         Self-Assessment:                    5
 Investigation.                   Completion of
                                  worksheet
                                  documentation \1\.
No. 6: Compliance Enforcement..  Self-Assessment:                   19
                                  Selection and review
                                  of 20 to 70
                                  establishment files
                                  at 25 minutes per
                                  file, estimate is
                                  based on a mean
                                  number of 45;
                                  completion of
                                  worksheet \1\.
No. 7: Industry and Community    Self-Assessment:                    2
 Relations.                       Completion of
                                  worksheet \1\.
No. 8: Program Support and       Self-Assessment:                    8
 Resources.                       Selection and review
                                  of establishment
                                  files \1\.
                                                        ----------------
    Total......................  ......................             92.3
------------------------------------------------------------------------
\1\ Or comparable documentation.
\2\ Estimates will vary depending on number of regulated food
  establishments and the number of inspectors employed by the
  jurisdiction.

                    Table 2--Baseline Data Collection
------------------------------------------------------------------------
                                                            Hours per
            Standard             Recordkeeping activity       record
------------------------------------------------------------------------
No. 9: Program Assessment......  Risk Factor Study and              333
                                  Intervention Strategy
                                  \1\.
------------------------------------------------------------------------
\1\ Calculation based on mean sample size of 39 and average FDA
  inspection time for each establishment type. Estimates will vary
  depending on number of regulated food establishments within a
  jurisdiction and the number of inspectors employed by the
  jurisdiction.

                       Table 3--Verification Audit
------------------------------------------------------------------------
                                                            Hours per
            Activity             Recordkeeping activity       record
------------------------------------------------------------------------
Administrative Procedures......  Verification Audit \1\           46.15
------------------------------------------------------------------------
\1\ We estimate that no more than 50% of time spent to complete self-
  assessment of all nine Standards is spent completing verification
  audit worksheets. Time will be considerably less if less than nine
  Standards require verification audits.

    FDA estimates the burden of this collection of information as
follows:

                                                   Table 4--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of                       Average burden
                              Activity                                  Number of       records per      Total annual         per          Total hours
                                                                      recordkeepers     recordkeeper       records       recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
Recordkeeping for FDA Worksheets \2\...............................             500                1              500            94.29           47,145
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ Or comparable documentation.

    FDA bases its estimates of the number of recordkeepers and the
hours per record on its experience with the Program Standards. As of
September 30, 2013, 563 jurisdictions were enrolled in the Program
Standards. However, based upon the level of ongoing support provided by
FDA to enrolled jurisdictions and the number of forms submitted
annually, FDA estimates that no more than 500 jurisdictions actively
participate in the Program Standards during any given year. There are
approximately 3,000 jurisdictions in the United States and its
territories that have retail food regulatory programs. Enrollment in
the Program Standards is voluntary and, therefore, FDA does not expect
all jurisdictions to participate.
    FDA bases its estimate of the hours per record on the recordkeeping
estimates for the management tasks of self-assessment, risk factor
study, and verification audit (tables 1, 2, and 3 of this document)
that enrolled jurisdictions must perform a total of 471.45 hours (92.3
+ 333 + 46.15 = 471.45). Enrolled jurisdictions must conduct the work
described in tables 1, 2, and 3 over a 5-year period. Therefore, FDA
estimates that annually 500 recordkeepers will spend 94.29 hours
(471.45 / 5 = 94.29) performing the required recordkeeping for a total
of 47,145 hours as shown in table 4 of this document.

Reporting

    FDA requires regulatory jurisdictions that participate in the
Program Standards to submit two forms annually: Form FDA 3519, ``FDA
National Registry Report,'' and Form FDA 3520, ``Permission to Publish
in National Registry.'' Form FDA 3519 requires the name and address of
the jurisdiction; completion dates for the self-assessment, risk factor
study

(original and update), and verification audit; names of the person(s)
who completed the self-assessment, verification audit, risk factor
study (baseline report), risk factor study (update), and action plan;
signature of the program manager; and date the form was completed. Form
FDA 3520 requires the name and address of the jurisdiction, contact
information for the enrollee's designated contact person, completion
date of the self-assessment, date of the verification audit report,
name of the auditor, signature of the official completing the form, and
date the form was completed.
    The reporting burden in table 5 of this document includes only the
time necessary to fill out and send the forms, as compiling the
underlying information (including self-assessment reports, baseline
surveys, outside audits, and supporting documentation) is accounted for
under the recordkeeping estimates in table 4 of this document.
    In the Federal Register of February 3, 2014 (79 FR 6200), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 5--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
              Activity                      Form FDA            Number of     responses per   Total annual   Average burden per response    Total hours
                                                               respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Submission of ``FDA National         3519..................             500               1             500  0.1 (6 minutes)............              50
 Registry Report''.
Submission of ``Permission to        3520..................             500               1             500  0.1 (6 minutes)............              50
 Publish in National Registry''.
Request for Documentation of         Conference for Food                500               3           1,500  0.1 (6 minutes)............             150
 Successful Completion of Staff       Protection Training
 Training.                            Plan and Log.
                                                            --------------------------------------------------------------------------------------------
    Total..........................  ......................  ..............  ..............  ..............  ...........................             250
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA bases its estimates of the number of respondents and the hours
per response on its experience with the Program Standards over the past
14 years. As explained previously in this document, FDA estimates that
no more than 500 regulatory jurisdictions will participate in the
Program Standards in any given year. FDA estimates a total of 12
minutes annually for each enrolled jurisdiction to complete both forms.
FDA bases its estimate on the small number of data elements on the two
forms and the ease of availability of the information. FDA estimates
that annually 500 regulatory jurisdictions will submit one Form FDA
3519 for a total of 500 annual responses. Each submission is estimated
to take 0.1 hour (6 minutes) per response for a total of 50 hours. FDA
estimates that annually 500 regulatory jurisdictions will submit one
Form FDA 3520 for a total of 500 annual responses. Each of these
submissions is estimated to take 0.1 hour (6 minutes) per response for
a total of 50 hours. FDA estimates that annually 500 regulatory
jurisdictions will submit 3 requests for documentation of successful
completion of staff training using the CFP Training Plan and Log for a
total of 1,500 annual responses. Each submission is estimated to take
0.1 hour (6 minutes) per response for a total of 150 hours. Thus, the
total reporting burden for this information collection is 250 hours.

    Dated: May 22, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-12289 Filed 5-27-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 85, Number 170 (Tuesday, September 1, 2020)]
[Notices]
[Pages 54372-54373]
[FR Doc No: 2020-19249]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP20-1118-000.
    Applicants: Boardwalk Storage Company, LLC.
    Description: Sec.  4(d) Rate Filing: Intermediate GMS Filing to be
effective 9/25/2020.
    Filed Date: 8/25/20.
    Accession Number: 20200825-5064.
    Comments Due: 5 p.m. ET 9/8/20.

    Docket Numbers: RP20-1119-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: TPC 2020-08-25 GT&C Section 3
Revisions to be effective 9/25/2020.
    Filed Date: 8/25/20.
    Accession Number: 20200825-5139.
    Comments Due: 5 p.m. ET 9/8/20.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern

time on the specified date(s). Protests may be considered, but
intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 26, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-19249 Filed 8-31-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 199 (Tuesday, October 19, 2021)]
[Notices]
[Page 57882]
[FR Doc No: 2021-22687]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93303; File No. SR-EMERALD-2021-27]

Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of
Withdrawal of Proposed Rule Change To Amend Its Fee Schedule To Adjust
the Options Regulatory Fee

October 13, 2021.
    On August 12, 2021, MIAX Emerald, LLC (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to amend the
Exchange's fee schedule to revise the Options Regulatory Fee charged
starting August 12, 2021. The proposed rule change was immediately
effective upon filing with the Commission pursuant to Section
19(b)(3)(A) of the Act.\3\ The proposed rule change was published for
comment in the Federal Register on August 27, 2021.\4\ The Commission
received one comment letter on the proposal from the Exchange noting
that it planned to withdraw File No. EMERALD-2021-27.\5\ On October 7,
2021, the Exchange withdrew the proposed rule change (SR-EMERALD-2021-
27).
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ See Securities Exchange Act Release No. 92726 (August 23,
2021), 86 FR 48268.
    \5\ See Letter to Vanessa Countryman, Secretary, Commission,
from Michael Slade, AVP and Associate Counsel, Exchange, dated
September 30, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-22687 Filed 10-18-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 15, 2006 (Volume 71, Number 157)]
[Notices]
[Page 46900-46901]
[DOCID:fr15au06-29]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-8087-8]

Access to Confidential Business Information by Computer Sciences
Corporation's Identified Subcontractors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has authorized subcontractors of its prime contractor,
Computer Sciences Corporation of Chantilly, VA access to information
which has been submitted to EPA under all sections of the Toxic
Substances Control Act (TSCA). Some of the information may be claimed
or determined to be Confidential Business Information (CBI).

DATES: Access to the confidential data will occur no sooner than August
22, 2006.

FOR FURTHER INFORMATION CONTACT: For generalinformation contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
    For technical information contact: Scott M. Sherlock, TSCA Security
Staff, Environmental Assistance Division (7408M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
(202)564-8257; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Notice Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to those persons who are or may be subject to
TSCA reporting requirements. Since other entities may also be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Documents?

    1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number EPA-HQ-OPPT-2003-0004.
The official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include CBI or other information
whose disclosure is restricted by statute.The official public docket is
the collection of materials that is available for public viewing at the
EPA Docket Center, Rm. B102-Reading Room, EPA West, 1301 Constitution
Ave., NW., Washington, DC. The EPA Docket Center is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The EPA
Docket Center Reading Room telephone number is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket, which is located in EPA Docket
Center, is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings athttp://www.epa.gov/fedrgstr/.

II. What Action is the Agency Taking?

    Under GSA Contract Number GS00T99ALD0204, Task Order Number
T0002AJMZ39, Computer Sciences Corporation (CSC) of 15000 Conference
Center Drive, Chantilly, VA and its subcontractors Digital Intelligence
Systems Corporation (Disys) of 4151 LaFayette Center Drive, Suite 600,
Chantilly, VA; Tek Systems of 7437 Race Road S, Hanover, MD; and Yoh
I.T. of 1818 Market Street, Philadelphia, PA, will assist the Office of
Pollution Prevention and Toxics (OPPTS) in computer operations and
maintenance of TSCA CBI Computer Systems and Communications Network,
linking CBI sites, located in Washington, DC. CSC and its
subcontractors will also assist in maintaining and operating the EPA
CBI computer facilities located in Research Triangle Park, NC.
    In accordance with 40 CFR 2.306(j), EPA has determined that under
GSA Contract Number GS00T99ALD0204, Task Order Number T0002AJMZ39, CSC
and its subcontractors will require

access to CBI submitted to EPA Under all sections of TSCA, to perform
successfully the duties specified under the contract.
    CSC and its subcontractor personnel will be given access to
information submitted to EPA under all sections of TSCA. Some of the
information may claimed or determined to be CBI.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that the Agency may provide CSC and its
subcontractors access to these CBI materials on a need-to- know basis
only. All access to TSCA CBI under this contract will take place at EPA
Headquarters and Research Triangle Park, NC facilities. CSC and its
subcontract personnel will be required to adhere to all provisions of
EPA's TSCA Confidential Business Information Security Manual.
    Clearance for access to TSCA CBI under GSA Contract Number
GS00T99ALD0204, Task Order Number T0002AJMZ39 may continue until
September 30, 2007.
    CSC's subcontractors and subcontract personnel will be required to
sign non-disclosure agreements and be briefed on appropriate security
procedures before they are permitted access to the CBI.

List of Subjects

    Environmental protection, Confidential business information.

    Dated: August 7, 2006.
Brion Cook,
Director, Information Management Division, Office of Pollution
Prevention and Toxics.

[FR Doc. E6-13348 Filed 8-14-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Notices]
[Pages 20908-20910]
[FR Doc No: 2013-08057]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP13-725-000.
    Applicants: Panhandle Eastern Pipe Line Company, LP.
    Description: Flow Through of Cash-Out Revenues filed on 3-28-13.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5022.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-726-000.
    Applicants: Panhandle Eastern Pipe Line Company, LP.
    Description: Flow Through of Penalty Revenues Report filed on 3-28-
13.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5023.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-727-000.
    Applicants: Vector Pipeline L.P.
    Description: Annual Fuel Use Report of Vector Pipeline L.P.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5029.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-728-000.
    Applicants: ANR Storage Company.
    Description: Tenaska Gas Storage Agmt to be effective 4/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5032.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-729-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Cap Rel Neg Rate Agmt Filing (Vanguard 597, 598 to
Tenaska 860, 861) to be effective 4/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5035.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-730-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Amendment to Non-conforming Agreement (MacQuarie Cook
26833) to be effective 4/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5036.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-731-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Amendment to Neg Rate Agmt (Devon 34694-46) to be
effective 4/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5037.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-732-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Interstate Power Negotiated Rate to be effective 4/1/
2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5066.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-733-000.
    Applicants: Elba Express Company, L.L.C.
    Description: Annual Interruptible Revenue Crediting Report of Elba
Express Company, L.L.C.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5073.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-734-000.
    Applicants: Carolina Gas Transmission Corporation.
    Description: Rainbow Non-Conforming Agreement Tariff Filing to be
effective 5/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5104.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-735-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Nicor Negotiated Rate to be effective 4/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5116.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-736-000.
    Applicants: Fayetteville Express Pipeline LLC.
    Description: FEP 2013 Hub Area--Point Addition Filing to be
effective 5/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5136.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-737-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Annual Incidental Purchase and Sales Report of Rockies
Express Pipeline LLC.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5137.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-738-000.
    Applicants: Pine Needle LNG Company, LLC.
    Description: 2013 Annual Fuel and Electric Power Tracker Filing to
be effective 5/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5140.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-739-000.
    Applicants: UGI Storage Company.
    Description: UGI Storage Compliance Filing TL-96 to be effective 4/
1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5161.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-740-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Negotiated Rate Service Agreement--BG Energy
Merchants--140986 to be effective 4/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5191.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-741-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 03/28/13 Negotiated Rates--United Energy Trading, LLC
(RTS) 5095-18 & 19 to be effective 4/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5211.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-742-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 03/28/13 Negotiated Rates--JP Morgan Ventures Energy
Corp. (RTS) 6025-44 & 45 to be effective 4/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5214.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-743-000.
    Applicants: ANR Pipeline Company.
    Description: DTCA 2013 to be effective 5/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5215.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-745-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Penalty Revenue Crediting Report of Natural Gas
Pipeline Company of America LLC.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5246.
    Comments Due: 5 p.m. ET 4/9/13.

    Docket Numbers: RP13-746-000.
    Applicants: TC Offshore LLC.
    Description: TC Offshore LLC Transporter's Use Report for 2012.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5247.
    Comments Due: 5 p.m. ET 4/9/13.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP13-431-001.
    Applicants: Dominion Transmission, Inc.
    Description: DTI--Compliance Filing--Reservation Charge Crediting
to be effective 3/1/2013.
    Filed Date: 3/28/13.
    Accession Number: 20130328-5143.
    Comments Due: 5 p.m. ET 4/9/13.

    Any person desiring to protest in any the above proceedings must
file in

accordance with Rule 211 of the Commission's Regulations (18 CFR
385.211) on or before 5:00 p.m. Eastern time on the specified comment
date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated March 29, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-08057 Filed 4-5-13; 8:45 am].
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44483-44484]
[FR Doc No: 2017-20201]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81641; File No. SR-NYSE-2017-36]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Designation of a Longer Period for Commission Action on a
Proposed Rule Change To Adopt New Equity Trading Rules for Trading UTP
Securities on Pillar, Including Orders and Modifiers, Order Ranking and
Display, and Order Execution and Routing

September 18, 2017.
    On July 28, 2017, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities

Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to adopt new equity trading rules to allow the
Exchange to trade securities that are listed on a national securities
exchange other than NYSE (``UTP Securities'') \3\ pursuant to unlisted
trading privileges for the first time on Pillar, the Exchange's new
trading technology platform. The proposed rule change was published for
comment in the Federal Register on August 9, 2017.\4\ The Commission
has received no comments on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See NYSE Rule 1.1(ii) for a definition of UTP Security.
    \4\ See Securities Exchange Act Release No. 81310 (Aug. 3,
2017), 82 FR 37257 (Aug. 9, 2017).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be approved or
disapproved. The 45th day after publication of the notice for this
proposed rule change is September 23, 2017. The Commission is extending
this 45-day time period.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
the Commission has sufficient time to consider the proposed rule
change. Accordingly, the Commission, pursuant to Section 19(b)(2) of
the Act,\6\ designates November 7, 2017, as the date by which the
Commission should either approve or disapprove or institute proceedings
to determine whether to disapprove the proposed rule change (File
Number SR-NYSE-2017-36).
---------------------------------------------------------------------------

    \6\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-20201 Filed 9-21-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: December 15, 2006 (Volume 71, Number 241)]
[Notices]
[Page 75530]
[DOCID:fr15de06-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP03-323-012]

Williston Basin Interstate Pipeline Company; Notice of Negotiated
Rate

December 8, 2006.
    Take notice that on December 4, 2006, Williston Basin Interstate
Pipeline Company (Williston Basin), tendered for filing with the
Commission a revised negotiated Rate Schedule IT-1 Service Agreement.
The proposed effective date of the revised Service Agreement is
December 2, 2006.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of 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 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-21390 Filed 12-14-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Notices]
[Page 44710]
[FR Doc No: 2021-17321]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2020-0623; FRL-8867-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Natural Gas Transmission and
Storage (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NESHAP for Natural Gas
Transmission and Storage (EPA ICR Number 1789.11, OMB Control Number
2060-0418), to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. This is a
proposed extension of the ICR, which is currently approved through
October 31, 2021. Public comments were previously requested, via the
Federal Register, on February 8, 2021 during a 60-day comment period.
This notice allows for an additional 30 days for public comments. A
fuller description of the ICR is given below, including its estimated
burden and cost to the public. An agency may neither conduct nor
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before September 13,
2021.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2020-0623, online using www.regulations.gov (our preferred method),
or by mail to: EPA Docket Center, Environmental Protection Agency, Mail
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA's
policy is that all comments received will be included in the public
docket without change including any personal information provided,
unless the comment includes profanity, threats, information claimed to
be Confidential Business Information (CBI), or other information whose
disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.
    Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room are closed to the public,
with limited exceptions, to reduce the risk of transmitting COVID-19.
Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. We encourage the public to
submit comments via https://www.regulations.gov/, or email, as there
may be a delay in processing mail and faxes. Hand deliveries and
couriers may be received by scheduled appointment only. For further
information on the EPA Docket Center services and the current status,
please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Muntasir Ali, Sector Policies and
Program Division (D243-05), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina, 27711; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
https://www.regulations.gov, or in person at the EPA Docket Center, WJC
West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC.
The telephone number for the Docket Center is<PHONE_NUMBER>. For
additional information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Natural Gas Transmission and Storage (40 CFR
part 63, subpart HHH) apply to existing facilities and new facilities
that are major sources of hazardous air pollutants (HAP) and that
either transport or store natural gas prior to entering the pipeline to
a local distribution company or to a final end user (if there is no
local distribution company). In general, all NESHAP standards require
initial notifications, performance tests, and periodic reports by the
owners/operators of the affected facilities. They are also required to
maintain records of the occurrence and duration of any startup,
shutdown, or malfunction in the operation of an affected facility, or
any period during which the monitoring system is inoperative. These
notifications, reports, and records are essential in determining
compliance with 40 CFR part 63, subpart HHH.
    Form Numbers: None.
    Respondents/affected entities: Natural gas transmission and storage
facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart HHH).
    Estimated number of respondents: 73 (total).
    Frequency of response: Initially, occasionally, and semiannually.
    Total estimated burden: 3,780 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $448,000 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: There is an increase in the total
estimated burden from the most recently-approved ICR as currently
identified in the OMB Inventory of Approved Burdens. This increase is
not due to any program changes. This increase is due to an increase in
the number of affected sources subject to the rule based on the latest
available data and taking into account growth in this industry. The
growth rate for the industry is based on our consultations with the
Agency's internal industry experts, including a review of EPA's ECHO,
GHGRP, and data from related rulemakings. There are no capital/startup
or operation and maintenance costs incurred as a result of these
standards because the industry has primarily installed flares to
control emissions.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2021-17321 Filed 8-12-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14245-14247]
[FR Doc No: 2023-04662]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0042; Notice 2]

BMW of North America, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance

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

ACTION: Grant of petition.

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

SUMMARY: BMW of North America, LLC (BMW), a subsidiary of BMW AG,
Munich, Germany, has determined that certain model year (MY) 2018 BMW
M4 Coupe and BMW M4 convertible motor vehicles do not fully comply with
Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection
and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying
Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms
(10,000 pounds) or Less. BMW filed a noncompliance report dated April
26, 2017, and subsequently petitioned NHTSA on May 19, 2017, for a
decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This document announces the grant of
BMW's petition.

FOR FURTHER INFORMATION CONTACT: Ahmad Barnes, Office of Vehicle Safety
Compliance, the National Highway Traffic Safety Administration (NHTSA),
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Overview

    BMW has determined that certain MY 2018 BMW M4 Coupe and BMW M4
convertible motor vehicles do not fully comply with one or more of the
following paragraphs: S4.3(a), S4.3(c) and S4.3(d) of FMVSS No. 110,
Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load
Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536
kilograms (10,000 pounds) or Less (49 CFR 571.110). BMW filed a
noncompliance report dated April 26, 2017, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports. BMW subsequently
petitioned NHTSA on May 19, 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 BMW's petition was published in the Federal
Register (82 FR 40640) with a 30-day public comment period, on August
25, 2017. One comment was received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) web page at: http://www.regulations.gov/. Then follow the online
search instruction to locate docket number ``NHTSA-2017-0042.''

II. Vehicles Involved

    Approximately 93 MY 2018 BMW M4 Coupe and BMW M4 Convertible motor
vehicles, manufactured between February 28, 2017, and March 24, 2017,
are potentially involved.

III. Noncompliance

    BMW describes three noncompliances of the affected vehicles
equipped with a vehicle placard that may not fully conform to FMVSS No.
110. Although the affected vehicles were equipped with 20-inch tires,
the FMVSS No. 110 vehicle placard states that the vehicles were
equipped with 18-inch tires. Additionally, the vehicle placard for the
BMW M4 Coupe states a vehicle capacity weight of 390 kilograms (kg)
although it should state a vehicle capacity weight of 381 kg.
Furthermore, the placard for the BMW M4 Convertible states a
manufacturer's recommended cold tire inflation pressure of 32 psi when
it should state a tire inflation pressure of 33 psi.

IV. Rule Requirements

    Paragraph S4.3 of FMVSS No. 110 includes the requirements relevant
to this petition. Each vehicle, except for a trailer or incomplete
vehicle, shall show the information specified in paragraph S4.3 (a)
through (g), and may show, at the manufacturer's option, the
information specified in paragraphs S4.3 (h) and (i), on a placard
permanently affixed to the driver's side B-pillar. The information
shall be in the English language and conform in color and format, not
including the border surrounding the entire placard, as shown in the
example set forth in Figure 1 of FMVSS No. 110. Additionally, the
vehicle placard must state the vehicle manufacturer's recommended cold
tire inflation pressure for front, rear and spare tires. The vehicle
placard must state the tire size designation, indicated by the headings
``size'' or ``original tire size'' or ``original size'' and ``spare
tire'' or ``spare,'' for the tires installed at the time of first
purchase for purposes other than resale.

V. Summary of BMW's Petition

    The following views and arguments presented in this section, ``V.
Summary of BMW's Petition,'' are the views and arguments provided by
BMW. They have not been evaluated by the Agency and do not reflect the
views of the Agency. BMW describes the subject noncompliance and states
its belief that the noncompliance is inconsequential as it relates to
motor vehicle safety.
    BMW states that the affected BMW M4 Coupe motor vehicles were
equipped with 20-inch tires while the vehicle placard incorrectly
states that the vehicles are equipped with 18-inch tires and indicates
a vehicle capacity weight of 390kg. The placard should state that the
vehicles are equipped with 20-inch tires and have a vehicle capacity
weight of 381 kg.
    Based on its analysis and evaluation of the components, and systems
including brakes, steering, and suspension in the BMW M4 Coupe motor
vehicles, BMW believes that the incorrect vehicle capacity weight of
390 kg provided on the noncompliant vehicle placard ``will not result
in a vehicle overload condition.'' Furthermore, BMW explains that ``the
vehicle was designed to account for a larger vehicle capacity weight
than the weight stated on the tire information placard.''
    BMW states that the BMW M4 Coupe vehicles ``are equipped with a
Part 567 certification label which states accurate information for the
Gross Vehicle Weight Rating (GVWR).'' Therefore, BMW contends that ``a
vehicle operator who uses this information would be able to determine
the correct maximum vehicle weight.''
    The BMW M4 Convertible vehicles were equipped with a tire
information placard that incorrectly states that they were equipped
with 18-inch tires when it should state that the subject vehicles were
equipped with 20-inch tires. The placard also lists the manufacturer's
recommended tire inflation pressure as 32 psi when it should have been
marked 33 psi.
    BMW claims that the tires installed on the subject convertible
motor vehicles will not result in a vehicle overload condition in both
the front and rear tires when the subject tires are inflated to the
incorrectly listed manufacturer's recommended cold tire inflation
pressure of 32 psi. BMW says that the subject convertible vehicle tires
comply with FMVSS No. 110 S4.2.1 which requires the vehicle normal load
to be no more than 94 percent of the load rating at the vehicle
manufacturer's recommended cold inflation pressure for that tire. The
vehicle normal load on the tire is the load on an individual tire that
is calculated by distributing each axle's share of the curb weight,
accessory weight, and normal occupant weight, and dividing by 2. BMW
calculated that a normal load per front tire is 534 kg and a normal
load per rear tire is 466 kg. According to BMW's assessment, the
subject tires comply with FMVSS No. 110 S4.1.2 which requires the
vehicle normal load to be no more than 94 percent of the load rating at
the vehicle manufacturer's recommended cold inflation pressure for that
tire.
    The load rating is the highest vehicle maximum load on the tire for
the vehicle and is provided by the sources listed in S4.4.2 (a). Using
the European Tyre and Rim Technical Organization (ETRTO) Standard Load
table, BMW says the load rating for the front tire is 605 kg and the
load rating for the rear tires is 700 kg. The sum of the load ratings
for the front tires is 1,210 kg and the GAWR is 1,050 kg and the sum of
the load ratings for the rear tires is 1,400 kg and the GAWR is 1,250
kg. Therefore, BMW says the 20-inch front and rear tires, ``inflated to
32 psi, are sufficient to support vehicle loading.''
    BMW says there are multiple sources available to the consumer to
determine the correct tire pressure for tires equipped on the subject
convertible vehicles. Specifically, BMW refers to FMVSS No. 110 S4.3(f)
which requires that the tire information placard instructs the consumer
to see Owner's Manual for additional information. BMW also refers to
FMVSS No 138 S4.5(a) which requires the Owner's Manual to contain a
statement that instructs the consumer to check each tire's inflation
pressure monthly and if the consumer finds that the vehicle has tires
of a different size than the size indicated on the vehicle placard or
tire inflation pressure label, the consumer should determine the proper
tire inflation pressure for those tires.
    Because those statements required by FMVSS No. 110 S4.3(f) and
FMVSS No. 138 S4.5(a) are present in the Owner's Manual provided
hardcopy and electronically in the vehicle, BMW contends that a
consumer would be able to access the information needed to set the tire
inflation pressures to the correct levels. Furthermore, BMW says a
consumer can contact its customer relations service or its roadside
assistance service which has representatives available 24/7 to assist
with determining the correct tire pressure. The consumer is able to
access the contact information for the roadside assistance service in
the vehicle's portfolio, the vehicle's media console and via the
emergency call button on the overhead console. The customer relations
contact information can be found in the vehicle's portfolio, Owner's
Manual and the Service and Warranty Book.
    BMW states that its customer relations service has not received any
contacts regarding the subject noncompliances. BMW is also unaware of
any consumer experiencing issues or any accidents or injuries related
to the subject noncompliances
    BMW says that NHTSA has granted prior petitions that are similar to
the subject petition. BMW does not reference a specific petition but
states that NHTSA found ``that although the tire information placard
displayed the manufacturer's recommended cold tire inflation pressure
which was a smaller value than that which was required for the tires
equipped on the vehicle, the load carrying capacity of the equipped
tires, at this smaller tire pressure, was still sufficient and would
not lead to a vehicle overload condition.
    BMW concluded by expressing the belief that the noncompliances are
inconsequential as they relate to motor vehicle safety, and that its
petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.

VI. Comments

    NHTSA received one comment from the general public. While NHTSA
takes great interest in the public's concerns and appreciates the
commenter's feedback, the comment does not address the purpose of this
particular petition.

VII. NHTSA's Analysis

    The intent of FMVSS No. 110 is to ensure that vehicles are equipped
with tires that are properly inflated to handle maximum vehicle loads
and to provide relevant information to prevent overloading.
    According to BMW, the M4 Coupe model's Tire and Loading Information
label incorrectly displays a Vehicle Capacity Weight of 390 kg instead
of the correct amount of 381 kg. BMW has determined that there would
not be any adverse impact on these vehicles because the vehicle was
designed to account for a larger vehicle capacity weight than the
weight stated on the tire loading label. NHTSA concurs with BMW's
rationale. A load of 9 kg ((20) pounds or (5) pounds per tire) is a 1
percent difference in the loading on each tire. We believe this loading
to be well within the design safety factor of

the tires. As stated by BMW, we also agree that the additional 9 kg
load should not adversely affect vehicle braking, steering and
stability due to the robustness of the subject vehicles being capable
of accounting for a larger vehicle capacity weight than stated on the
tire information placard. This marginal load should be within the
design safety factor of the vehicle components as well.
    NHTSA also concurs with BMW's statement that a vehicle designed to
withstand a larger capacity weight than stated on its tire loading
label would not present a consequential safety problem. Although the M4
Convertible is equipped with 20-inch tires, the model's Tire and
Loading Information label incorrectly displays a cold tire pressure of
32 psi when it should display 33 psi. Considering the specifications of
the 20-inch tires in the ETRTO reference book, it is apparent that even
at the lower listed tire pressure, the tires are more than adequate to
carry the vehicle's load. The vehicle's equipped tires are Extra Load
(XL) tires. ETRTO specifies use of Standard Load tables for tire
pressures up to 36 psi. The load index for the front tires is 94 and at
a pressure of 32 psi results in a load capacity of 605 kgs or 1210 kgs
for the front axle. The GAWR for the front axle is 1050 kgs. The load
index for the rear tires is 99 and at a pressure of 32 psi results in a
load capacity of 700 kgs or 1400 kgs for the rear axle. The GAWR for
the rear axle is 1250 kgs. Therefore, there is adequate load carrying
capacity in the tire at the lower pressure and there is no safety issue
resulting in underinflation of tires if a consumer uses the tire
pressure on the vehicle's label.
    Paragraph S<IP_ADDRESS> of FMVSS No. 110 requires that the vehicle
normal load on the tire shall not be greater than 94 percent of the
load rating at the vehicle manufacturer's recommended cold inflation
pressure for that tire. The vehicle normal load per tire is calculated
by distributing 2 occupants (for a 4-occupant vehicle), at the front
axle. Per FMVSS No. 110 definition of vehicle capacity weight, using 68
kgs per occupant results in a vehicle normal load per front tire of 534
kgs and a normal load per rear tire of 466 kgs.
    BMW explained that they utilized a worst-case scenario by
calculating the vehicle's normal load using an automatic transmission
because it has a greater weight than the manual transmission, both of
which may be utilized in the subject vehicles. For the front tires, the
load rating is 605 kgs each, when multiplied by 94 percent, yields a
value of 568 kgs, which exceeds the previously stated 534 kg normal
vehicle load value. For the rear tires, the load rating is 700 kgs
each, when multiplied by 94 percent yields a value of 658 kgs, which
exceeds the previously stated 466 kg normal vehicle load value. NHTSA
concurs with utilizing a worst-case scenario approach to these
calculations as it is all inclusive of the affected vehicle population.
    The purpose of the FMVSS No. 110 tire information label is to
convey accurate information for the vehicle to be operated in a safe
manner. As is the case with BMW in this petition, should a vehicle
operator require additional or corroborating information regarding the
vehicle's Tire and Loading Information Label, there are other
information sources that can be consulted to clearly identify--in this
case--the correct tire pressure. Should a vehicle operator ever
question what the correct tire pressure should be, they can consult the
vehicle's hardcopy owner's manual, the in-vehicle electronic owner's
manual, or contact BMW directly for further information in order to
verify the correct tire pressure.
    NHTSA has previously granted petitions for inconsequential
noncompliance regarding FMVSS No. 110 related to vehicles for which the
vehicle placard contained tire size and tire pressure information which
did not match the tires equipped on the vehicle under similar
conditions.

VIII. NHTSA's Decision

    NHTSA agrees with BMW that the subject noncompliance is
inconsequential to motor vehicle safety because there would be no
effect of the noncompliance on the operational safety of the subject
vehicles. No adverse impact on braking, steering or on-road stability
can result in driving the subject vehicles at the incorrect vehicle
capacity weight listed on the tire information placard. The vehicles
were designed to account for a larger vehicle capacity weight than the
weight stated on the tire information placard. Furthermore, the
affected vehicles can maintain the maximum vehicle loads even at the
lower manufacturer's recommended cold tire inflation pressure on the
tire information placard.
    In consideration of the foregoing, NHTSA finds that BMW has met its
burden of persuasion that the FMVSS No. 110 noncompliance in the
affected vehicles is inconsequential to motor vehicle safety.
Accordingly, BMW's petition is granted and BMW is exempted from the
obligation of providing notification of, and a free remedy for, that
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 that BMW no longer controlled at
the time it determined that the noncompliance existed. However, the
granting of this petition does not relieve vehicle 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 under their control after BMW 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. 2023-04662 Filed 3-6-23; 8:45 am]
BILLING CODE 4910-59-P