[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Notices]
[Pages 39154-39155]
[FR Doc No: 2018-16951]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Reports, Forms, and Record Keeping Requirements Agency
Information Collection Activity Under OMB Review

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

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces the Information Collection Request (ICR) abstracted
below will be submitted to the Office of Management and Budget (OMB)
for review and comment. The ICR describes the nature of the information
collection and its expected burden. A Federal Register Notice with a
60-day comment period soliciting public comments on the following
information collection was published on May 18, 2018 (83 FR

23336). NHTSA did not receive any public comments in response to the
60-day notice.

DATES: Comments must be received on or before September 7, 2018.

ADDRESSES: You may submit comments, within 30 days, to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street NW, Washington DC 20503, Attention NHTSA Desk Officer.

FOR FURTHER INFORMATION CONTACT: Dr. Kathy Sifrit, Office of Behavioral
Safety Research (NPD-320), National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE, W46-472, Washington, DC
20590. Dr. Sifrit's phone number is<PHONE_NUMBER> and her email
address is [email protected].

SUPPLEMENTARY INFORMATION:
    Title: Hazard Perception and Distracted Driving Training
Intervention for Teens
    Type of Request: New information collection requirement.
    Abstract: The National Highway Traffic Safety Administration
(NHTSA) proposes to collect information from newly-licensed teen
drivers for a one-time voluntary study to evaluate Risk Awareness and
Perception Training (RAPT), a hazard perception and distracted driving
training intervention to improve novice driver safety. NHTSA proposes
to collect information from a sample of newly-licensed teen drivers in
two States to determine (1) their eligibility to participate in a study
to evaluate RAPT hazard perception training; (2) their hazard
perception performance before and after they complete RAPT or placebo
training, and again six months after training; and (3) their driving
exposure via driving logs to account for potential differences across
participants. In addition, participants will agree to allow researchers
to access their crash and citation records for six months to support
analyses of the effects of RAPT training on crash and citation rates.
NHTSA will invite an estimated 20,000 newly licensed drivers ages 16
through 19 in two States to participate, with the goal of recruiting
10,000 volunteers--7,500 from a first State and 2,500 from a second
State for validation. Participation will be voluntary and solicited
through the distribution of recruiting letters at Department of Motor
Vehicle locations (DMVs) when new drivers obtain their license. Once
obtaining consent from the teen and their guardian(s) through an
informed consent agreement, study participants will be randomly
assigned within age and sex categories to either participation in the
RAPT or the placebo condition. Participants in the RAPT condition will
complete the training protocol; those in the placebo condition will
view a vehicle maintenance video. A subsample of 2,000 participants
will also be asked to complete a week-long trip log to record driving
exposure during the study period. The 7,500 participants in the first
State will be invited to complete a six-month follow-up test to see
whether they retained the RAPT training; these participants will also
be asked questions about any crashes or traffic tickets during their
first six months of driving to capture any unreported crashes or
incidents. NHTSA will use the information to produce a technical report
that presents the results of the study. The technical report will
provide aggregate (summary) statistics and tables as well as the
results of statistical analysis of the information, but it will not
include any personal information. The technical report will be shared
with State Highway Safety Offices as well as other stakeholders
interested in improving the safety of novice teen drivers. The total
estimated burden for recruitment (2,000 hours), the initial training
(7,500 hours), the trip log (1,167 hours) and the follow-up data
collection (1,875 hours) is 12,542 hours.
    Comments are invited on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) The accuracy of the Department's estimate of the burden of the
proposed information collection;
    (iii) Ways to enhance the quality, utility and clarity of the
information to be collected; and
    (iv) Ways to minimize the burden of the collection of information
on respondents, including the use of automated collection techniques or
other forms of information technology.
    A comment to OMB is most effective if OMB receives it within 30
days of publication of this notice.

    Authority:  44 U.S.C. Section 3506(c)(2)(A).

    Issued in Washington, DC, on August 3, 2018.
Jeff Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2018-16951 Filed 8-7-18; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 83, Number 88 (Monday, May 7, 2018)]
[Notices]
[Page 20123]
[FR Doc No: 2018-09573]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83143; File No. SR-CHX-2018-001]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Designation of a Longer Period on Commission Action on a
Proposed Rule Change To Adopt the Route QCT Cross Routing Option

May 1, 2018.
    On March 6, 2018, the Chicago Stock Exchange, Inc. (``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule
change to adopt the Route QCT Cross routing option. The proposed rule
change was published for comment in the Federal Register on March 20,
2018.\3\ The Commission has received no comment letters on the proposed
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 82870 (March 14,
2018), 83 FR 12214.
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    Section 19(b)(2) of the Act \4\ 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 disapproved. The
45th day after publication of the notice for this proposed rule change
is May 4, 2018. The Commission is extending this 45-day time period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider this proposed rule change. Accordingly, the
Commission, pursuant to Section 19(b)(2) of the Act,\5\ designates June
18, 2018, as the date by which the Commission shall either approve or
disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-CHX-2018-001).
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    \5\ Id.
    \6\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-09573 Filed 5-4-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Notices]
[Page 25604]
[FR Doc No: 2017-11460]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2013-0677; FRL-9961-06]

Receipt of Information Under the Toxic Substances Control Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is announcing its receipt of information submitted
pursuant to a rule, order, or consent agreement issued under the Toxic
Substances Control Act (TSCA). As required by TSCA, this document
identifies each chemical substance and/or mixture for which information
has been received; the uses or intended uses of such chemical substance
and/or mixture; and describes the nature of the information received.
Each chemical substance and/or mixture related to this announcement is
identified in Unit I. under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
John Schaeffer, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-8173; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Chemical Substances and/or Mixtures

    Information received about the following chemical substance and/or
mixture is provided in Unit IV.: Octamethylcyclotetrasiloxane (D4)
(CASRN 556-67-2).

II. Authority

    Section 4(d) of TSCA (15 U.S.C. 2603(d)) requires EPA to publish a
notice in the Federal Register reporting the receipt of information
submitted pursuant to a rule, order, or consent agreement promulgated
under TSCA section 4 (15 U.S.C. 2603).

III. Docket Information

    A docket, identified by the docket identification (ID) number EPA-
HQ-OPPT-2013-0677, has been established for this Federal Register
document, which announces the receipt of the information. Upon EPA's
completion of its quality assurance review, the information received
will be added to the docket identified in Unit IV., which represents
the docket used for the TSCA section 4 rule, order, and/or consent
agreement. In addition, once completed, EPA reviews of the information
received will be added to the same docket. Use the docket ID number
provided in Unit IV. to access the information received and any
available EPA review.
    EPA's dockets are available electronically at http://www.regulations.gov or in person at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

IV. Information Received

    As specified by TSCA section 4(d), this unit identifies the
information received by EPA.

Octamethylcyclotetrasiloxane (D4) (CASRN 556-67-2).

    1. Chemical Use: D4 is used as an intermediate for silicone
copolymers and other chemicals. D4 is also used in industrial
processing applications as a solvent (which becomes part of a product
formulation or mixture), finishing agent, and an adhesive and sealant
chemical. It is also used for both consumer and commercial purposes in
paints and coatings, and plastic and rubber products and has consumer
uses in polishes, sanitation, soaps, detergents, adhesives, and
sealants.
    2. Applicable Rule, Order, or Consent Agreement: Enforceable
Consent Agreement for Environmental Testing for
Octamethylcyclotetrasiloxane (D4) (CASRN 556-67-2).
    3. Information Received: The following listing describes the nature
of the information received. The information will be added to the
docket for the applicable TSCA section 4 rule, order, or consent
agreement and can be found by referencing the docket ID number
provided. EPA reviews of information will be added to the same docket
upon completion.
    4. D4 Environmental Testing ECA--Interim Progress Report #6. The
docket ID number assigned to this information is EPA-HQ-OPPT-2012-0209.

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

    Dated: April 10, 2017.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
[FR Doc. 2017-11460 Filed 6-1-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 21, 2010 (Volume 75, Number 98)]
[Notices]
[Page 28668]
[DOCID:fr21my10-145]

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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 May 26, 2010 at 10
a.m., in the Auditorium, Room L-002.
    The subject matter of the Open Meeting will be:
    Item 1: The Commission will consider whether to propose new Rule
613 of Regulation NMS that would require national securities exchanges
and national securities associations to act jointly in developing a
national market system plan to create, implement, and maintain a
consolidated audit trail that would capture customer and order event
information, mostly in real time, for all orders in NMS securities,
across all markets, from the time of order inception through routing,
cancellation, modification, or execution.
    Item 2: The Commission will consider a recommendation to adopt
amendments to Rule 15c2-12 under the Securities Exchange Act of 1934, a
rule pertaining to municipal securities disclosure. The Commission will
also consider related interpretive guidance to assist brokers, dealers
and municipal securities dealers in meeting their obligations under the
antifraud provisions of the federal securities laws.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: May 18, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-12369 Filed 5-19-10; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Page 1748]
[FR Doc No: 2016-32051]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4235-DR; Docket ID FEMA-2016-0001]

Commonwealth of the Northern Mariana Islands; Amendment No. 3 to
Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster for the
Commonwealth of the Northern Mariana Islands (FEMA-4235-DR), dated
August 5, 2015, and related determinations.

DATES: Effective Date: December 21, 2016.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated December 21, 2016, the President amended the cost-sharing
arrangements regarding Federal funds provided under the authority of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''), in a letter to W. Craig
Fugate, Administrator, Federal Emergency Management Agency, Department
of Homeland Security, under Executive Order 12148, as follows:

    I have determined that the damage in certain areas of the
Commonwealth of the Northern Mariana Islands resulting from Typhoon
Soudelor during the period of August 1-3, 2015, is of sufficient
severity and magnitude that special cost sharing arrangements are
warranted regarding Federal funds provided under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act'').
    Therefore, I amend my declarations of August 5, 2015, and August
24, 2015, to authorize Federal funds for hazard mitigation measures
associated with sections 404 and 406 of the Stafford Act at 100
percent of total eligible costs.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-32051 Filed 1-5-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: October 25, 2010 (Volume 75, Number 205)]
[Notices]
[Page 65470-65471]
[DOCID:fr25oc10-41]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 1

October 13, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP11-50-000.
    Applicants: Fayetteville Express Pipeline LLC.
    Description: Fayetteville Express Pipeline LLC submits Part 6,
Section 9. Overrun, Unauthorized Overrun Gas Charges; Penalty Revenue,
Version 0.1.0 in Compliance with Order dated 9/30/2010, to be effective
10/1/2010.
    Filed Date: 10/08/2010.
    Accession Number: 20101008-5065.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 20, 2010.

    Docket Numbers: RP11-51-000.
    Applicants: Northern Natural Gas Company.

    Description: Northern Natural Gas Company submits tariff filing per
154.204: 20101008 MID 17 Modifications to be effective 9/24/2010.
    Filed Date: 10/08/2010.
    Accession Number: 20101008-5073.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 20, 2010.

    Docket Numbers: RP11-52-000.
    Applicants: Gas Transmission Northwest Corporation.
    Description: Gas Transmission Northwest Corporation submits tariff
filing per 154.204: RP10-954 Update TOC to be effective 8/9/2010.
    Filed Date: 10/08/2010.
    Accession Number: 20101008-5117.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 20, 2010.

    Docket Numbers: RP11-53-000.
    Applicants: ETC Tiger Pipeline, LLC.
    Description: ETC Tiger Pipeline, LLC submits tariff filing per
154.203: ETC Tiger eTariff Baseline Filing to be effective 12/1/2010.
    Filed Date: 10/08/2010.
    Accession Number: 20101008-5153.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 20, 2010.

    Docket Numbers: RP11-54-000.
    Applicants: Northern Natural Gas Company.
    Description: Northern Natural Gas Company submits tariff filing per
154.204: 20101012 Miscellaneous Tariff Filing to be effective 11/12/
2010.
    Filed Date: 10/12/2010.
    Accession Number: 20101012-5137.
    Comment Date: 5 p.m. Eastern Time on Monday, October 25, 2010.

    Docket Numbers: RP11-55-000.
    Applicants: J.P. Morgan Ventures Energy Corporation Sempra Energy
Trading LLC.
    Description: Request of Sempra Energy Trading LLC and J.P. Morgan
Ventures Energy Corporation for Temporary Waiver, Expedited
Consideration, and Shortened Notice.
    Filed Date: 10/08/2010.
    Accession Number: 20101008-5170.
    Comment Date: 5 p.m. Eastern Time on Friday, October 15, 2010.

    Docket Numbers: RP11-56-000.
    Applicants: Kinder Morgan Interstate Gas Transmission LLC.
    Description: Kinder Morgan Interstate Gas Transmission LLC submits
tariff filing per 154.203: Errata to Baseline Filing to be effective 8/
13/2010.
    Filed Date: 10/12/2010.
    Accession Number: 20101012-5212.
    Comment Date: 5 p.m. Eastern Time on Monday, October 25, 2010.

    Docket Numbers: RP11-57-000.
    Applicants: PetroLogistics Natural Gas Storage, LLC.
    Description: PetroLogistics Natural Gas Storage, LLC submits tariff
filing per 154.203: Proposed Revisions to FERC Gas Tariff to Comply
with Order No. 587-U to be effective 11/1/2010.
    Filed Date: 10/12/2010.
    Accession Number: 20101012-5228.
    Comment Date: 5 p.m. Eastern Time on Monday, October 25, 2010.

    Docket Numbers: RP11-58-000.
    Applicants: Fayetteville Express Pipeline LLC.
    Description: Fayetteville Express Pipeline LLC submits tariff
filing per 154.203: FEP Compliance with Order on Non-Conforming
Agreements to be effective 10/1/2010.
    Filed Date: 10/12/2010.
    Accession Number: 20101012-5258.
    Comment Date: 5 p.m. Eastern Time on Monday, October 25, 2010.

    Docket Numbers: CP11-5-000.
    Applicants: Rager Mountain Storage Company LLC.
    Description: Rager Mountain Storage Company LLC submits the
Abbreviated Application requesting authorization to lease and operate
an existing natural gas storage facility in Interstate Commerce.
    Filed Date: 10/07/2010.
    Accession Number: 20101008-0207.
    Comment Date: 5 p.m. Eastern Time on Monday, October 25, 2010.

    Docket Numbers: CP11-6-000.
    Applicants: Peoples Natural Gas Company LLC.
    Description: Abbreviated Application of Peoples Natural Gas Company
LLC for issuance of a limited jurisdiction certificate to authorize the
lease and operation of Intrastate Storage Capacity in support of
interstate.
    Filed Date: 10/07/2010.
    Accession Number: 20101008-0205.
    Comment Date: 5 p.m. Eastern Time on Monday, October 25, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings 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) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-26854 Filed 10-22-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Notices]
[Pages 27637-27638]
[FR Doc No: 2019-12430]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-D-2105]

Mouse Embryo Assay for Assisted Reproduction Technology Devices;
Draft Guidance for Industry and Food and Drug Administration Staff;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of the draft guidance entitled ``Mouse Embryo Assay
for Assisted Reproduction Technology Devices.'' This draft guidance
document provides recommendations on conducting the Mouse Embryo Assay
(MEA) to support premarket submissions and lot release of assisted
reproduction technology devices. This draft guidance is not final nor
is it in effect at this time.

DATES: Submit either electronic or written comments on the draft
guidance by August 12, 2019 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2019-D-2105 for ``Mouse Embryo Assay for Assisted Reproduction
Technology Devices.'' Received comments will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the draft guidance document entitled
``Mouse Embryo Assay for Assisted Reproduction Technology Devices'' to
the Office of Policy, Guidance and Policy Development, Center for
Devices and Radiological Health, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002.
Send one self-addressed adhesive label to assist that office in
processing your request.

FOR FURTHER INFORMATION CONTACT: Yun-shang Piao, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. G119, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Assisted Reproduction Technology (ART) devices can directly or
indirectly contact gametes and/or embryos during use. ART devices are
typically assessed for their embryotoxic potential using the MEA to
determine whether they negatively affect gametes and/or embryos.
Several classification regulations under 21 CFR part 884 include
special controls that require MEA testing or information. MEA may also
be used by sponsors to support

premarket submissions for other devices that are intended to contact
gametes and/or embryos during their use. However, there are no
voluntary consensus standards that describe how to conduct the MEA.
This draft guidance provides recommendations for conducting the MEA to
support premarket submissions for devices that are intended to contact
gametes and/or embryos and to comply with the special controls for
those devices classified under 21 CFR 884 that require MEA testing or
information.

II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Mouse Embryo
Assay for Assisted Reproduction Technology Devices.'' It does not
establish any rights for any person and is not binding on FDA or the
public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations. This guidance
is not subject to Executive Order 12866.

III. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do
so by downloading an electronic copy from the internet. A search
capability for all Center for Devices and Radiological Health guidance
documents is available at https://www.fda.gov/medical-devices/device-advice-comprehensive-regulatory-assistance/guidance-documents-medical-devices-and-radiation-emitting-products. This guidance document is also
available at https://www.regulations.gov. Persons unable to download an
electronic copy of ``Mouse Embryo Assay for Assisted Reproduction
Technology Devices'' may send an email request to<EMAIL_ADDRESS>to receive an electronic copy of the document.
Please use the document number 16015 to identify the guidance you are
requesting.

IV. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information. These collections of information are subject to review by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520). The collections of information in
the following FDA regulations have been approved by OMB as listed in
the following table:

------------------------------------------------------------------------
                                                            OMB Control
          21 CFR Part                     Topic                 No.
------------------------------------------------------------------------
807, subpart E.................  Premarket Notification.       0910-0120
800, 801, and 809..............  Medical Device Labeling       0910-0485
                                  Regulations.
------------------------------------------------------------------------

    Dated: June 6, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-12430 Filed 6-12-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Notices]
[Pages 54330-54331]
[FR Doc No: 2015-22605]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75813; SR-NYSEArca-2015-02]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change, As
Modified by Amendment No. 1 Thereto, To Amend NYSE Arca Equities Rule
8.600 To Adopt Generic Listing Standards for Managed Fund Shares

September 2, 2015.
    On February 17, 2015, NYSE Arca, Inc. (``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 NYSE Arca
Equities Rule 8.600 to adopt generic listing standards for Managed Fund
Shares.\3\ The proposed rule change was published for comment in the
Federal Register on March 10, 2015.\4\ The Commission initially
received three comment letters on the proposal.\5\ On April 17, 2015,
pursuant

to section 19(b)(2) of the Act,\6\ the Commission designated a longer
period within which to either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether to disapprove the proposed rule change.\7\ On June 3,
2015, the Exchange filed Amendment No. 1 to the proposed rule change.
On June 11, 2015, the Commission published a notice of filing of
Amendment No. 1 to the proposed rule change and an order instituting
proceedings under section 19(b)(2)(B) of the Act \8\ to determine
whether to approve or disapprove the proposed rule change, as modified
by Amendment No. 1 thereto.\9\ The Commission subsequently received one
additional comment letter on the proposal.\10\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The term ``Managed Fund Share'' is defined in NYSE Arca
Equities Rule 8.600(c)(1).
    \4\ See Securities Exchange Act Release No. 74433 (Mar. 4,
2015), 80 FR 12690.
    \5\ See letter dated March 31, 2015 from Anonymous; letter dated
March 31, 2015 from Dorothy Donohue, Deputy General Counsel,
Securities Regulation, Investment Company Institute, to Brent J.
Fields, Secretary, Commission; and letter dated March 31, 2015 from
Thomas E. Faust Jr., Chairman and Chief Executive Officer, Eaton
Vance Corp., to Brent J. Fields, Secretary, Commission. All comments
to the proposed rule change are available on the Commission's Web
site at http://www.sec.gov/comments/sr-nysearca-2015-02/nysearca201502.shtml.
    \6\ 15 U.S.C. 78s(b)(2).
    \7\ See Securities Exchange Act Release No. 74755, 80 FR 22762
(Apr. 23, 2014). The Commission determined that it was appropriate
to designate a longer period within which to take action on the
proposed rule change so that it has sufficient time to consider the
proposed rule change and the comments received. Accordingly, the
Commission designated June 8, 2015 as the date by which it should
approve, disapprove, or institute proceedings to determine whether
to disapprove the proposed rule change.
    \8\ 15 U.S.C. 78s(b)(2)(B).
    \9\ See Securities Exchange Act Release No. 75115 (Jun. 5, 2015)
80 FR 33309. Specifically, the Commission instituted proceedings to
allow: (a) Commenters to address the sufficiency of the Exchange's
statements in support of the proposal, as modified by Amendment No.
1 thereto; (b) commenters to respond to specific questions posed by
the Commission relating to the proposal, as modified by Amendment
No. 1 thereto; and (c) for additional analysis of the proposed rule
change's consistency with section 6(b)(5) of the Act, which
requires, among other things, that the rules of a national
securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade,'' and ``to protect investors and the public
interest.'' See id.
    \10\ See letter dated July 2, 2015 from E. Russell Ives, Jr.,
President, Ives Associates, Inc., to Brent J. Fields, Secretary,
Commission. See also supra note 5.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \11\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of the filing of the proposed rule
change. The Commission may, however, extend the period for issuing an
order approving or disapproving the proposed rule change by not more
than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for that determination. The
proposed rule change was published for notice and comment in the
Federal Register on March 10, 2015.\12\ The 180th day after publication
of the notice of the filing of the proposed rule change in the Federal
Register is September 6, 2015. The 240th day after publication of the
notice of the filing of the proposed rule change in the Federal
Register is November 5, 2015.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2).
    \12\ See supra text accompanying note 4.
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider the proposed
rule change, as modified by Amendment No. 1 thereto, and the issues
raised in the comment letters submitted on the proposed rule change.
    Accordingly, the Commission, pursuant to section 19(b)(2) of the
Act,\13\ designates November 5, 2015 as the date by which the
Commission should either approve or disapprove the proposed rule change
(SR-NYSEArca-2015-02).
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2).
    \14\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-22605 Filed 9-8-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)]
[Notices]
[Pages 15788-15789]
[FR Doc No: 2016-06663]

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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2015-0271]

Agency Request for Renewal of a Previously Approved Information
Collection: Prioritization and Allocation Authority Exercised by the
Secretary of Transportation Under the Defense Production Act

AGENCY: Office of the Secretary of Transportation, DOT.

ACTION: Notice and request for comments.

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

SUMMARY: The Department of Transportation (DOT) invites public comments
about our intention to request the Office of Management and Budget
(OMB) approval to renew an information collection. The collection
involves information required in an application to request Special
Priorities Assistance. The information to be collected is necessary to
facilitate the supply of civil transportation resources to promote the
national defense. A Federal Register Notice with a 60-day comment
period soliciting comments on the following information collection was
published on January 26, 2016 (81 FR 4364). No comments were received.

DATES: Written comments should be submitted by April 25, 2016.

ADDRESSES: Your comments should be identified by Docket No. DOT-OST-
2015-0271 and may be submitted through one of the following methods:
     Office of Management and Budget, Attention: Desk Officer
for U.S. Department of Transportation, Office of Information and
Regulatory Affairs, Office of Management and Budget, Docket Library,
Room 10102, 725 17th Street NW., Washington, DC 20503.
     email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>. Attention: DOT/OST Desk Officer.

FOR FURTHER INFORMATION CONTACT: Deborah Hinz,<PHONE_NUMBER>, Office of
Intelligence, Security and Emergency Response, Office of the Secretary
of Transportation, U.S. Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2105-0567.
    Title: Prioritization and Allocation Authority Exercised by the
Secretary of Transportation Under the Defense Production Act.
    Form Numbers: OST F 1254.
    Type of Review: Renewal of a previously approved information
collection.
    Background: The Defense Production Act Reauthorization of 2009
(Pub. L. 111-67, September 30, 2009) requires each Federal agency with
delegated authority under section101 of the Defense Production Act of
1950, as amended (50 U.S.C. App. Sec.  2061 et seq.) to issue final
rules establishing standards and procedures by which the priorities and
allocations authority is used to promote the national defense. The
Secretary of Transportation has the delegated authority for all forms
of civil transportation. DOT's final rule, Transportation Priorities
and Allocations System (TPAS), published October 2012, requires this
information collection. Form OST F 1254, Request for Special Priorities
Assistance, would be filled out by private sector applicants, such as
transportation companies or organizations. The private sector applicant
must submit company information, the services or items for which the
assistance is requested, and specific information about those services
or items.
    Respondents: Private sector applicants, such as transportation
companies or organizations.
    Number of Respondents: We estimate 6 respondents.
    Total Annual Burden: We estimate an average burden of 30 minutes
per respondent for an estimated total annual burden of 3 hours.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) whether the proposed
collection of information is necessary for the Department's
performance; (b) the accuracy of the estimated burden; (c)

ways for the Department to enhance the quality, utility and clarity of
the information collection; and (d) ways that the burden could be
minimized without reducing the quality of the collected information.
The agency will summarize and/or include your comments in the request
for OMB's clearance of this information collection.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1:48.

    Issued in Washington, DC, on March 18, 2016.
Habib Azarsina,
OST Privacy and PRA Officer.
[FR Doc. 2016-06663 Filed 3-23-16; 8:45 am]
 BILLING CODE 4910-9X-P


SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY STRATOSPHERIC OZONE PROTECTION A. JUSTIFICATION 1. Identification of Information Collection a) Title: " Servicing of Motor Vehicle Air Conditioners"

OMB Control Number: 2060 0247 EPA Number: 1617.05 b) Short Characterization/ Abstract History. In 1992, the Environmental Protection Agency ( EPA) developed regulations under section 609 of the Clean Air Act Amendments of 1990 ( Act) for the recycling of chlorofluorocarbons ( CFCs) in motor vehicle air conditioners. These regulations were published in 57 FR 31240, and are codified at 40 CFR Subpart B ( § 82.30 et seq.). The information required to be collected under the Section 609 regulations is described below. This information is currently approved for use through September 30, 2005. This supporting statement is submitted to justify an extension of the approval of use of this information. Pursuant to new requirements under the Paperwork Reduction Act, a notice was published in the Federal Register on April 11, 2005, announcing the intent to extend the renewal of this Information Collection Request and requesting comment on the renewal. Descriptions of the type of recordkeeping and reporting requirements mandated by section 609 are summarized below in this section. The chart located at the end of this document displays the cost of each of these requirements.

Technician training and certification. According to Section 609( b)( 4) of the Act, automotive technicians are required to be certified in the proper use of recycling equipment for servicing motor vehicle air conditioners. Certification programs must meet EPA standards. The Stratospheric Protection Division ( SPD) requires that certification programs send full sets of their training and testing materials to EPA for initial approval. The information requested is used by the SPD to guarantee a degree of uniformity in the testing programs for motor vehicle service technicians. The technician certification program must provide SPD with a copy of its testing program, including test procedures for grading, the score required to pass, and any training tools or visual aides provided. Due to rapid developments in technology, the Agency requires that each approved technician certification program review and update its program every two years. A summary of the review report is required to be submitted to EPA. After the test has been approved by EPA, a hard copy remains on file in the SPD. Currently, 24 certification programs are authorized to train technicians in the proper use of approved refrigerant recycling equipment and give the EPA certification test. Approved independent standards testing organizations. In addition, Section 609( b)( 2)( A) of the Act allows independent laboratory testing of refrigerant recycling equipment in order to be considered certified by EPA. SPD requires independent laboratories to submit an application that proves their general capacity to certify equipment to meet the Society of Automotive Engineers ( SAE) standards for refrigerant recovery and recycling equipment. The requested information assures an industry accepted standard of quality in recycling and recovery equipment. An independent laboratory that is interested in testing recycling and recovery equipment must submit an application to the SPD that includes a list of testing procedures and equipment that will be used in testing. Once an independent laboratory has been approved by EPA, the application is kept on file in the SPD. Two laboratories, Underwriters Laboratories Inc.( UL) and Engineering Testing Laboratories ( ETL), are currently approved to test recycling equipment. EPA does not anticipate that any additional organizations will apply to become approved independent standards testing organizations. Therefore, annual hours and costs related to information submitted by these organizations have been eliminated.

Substantially identical equipment. Section 609( b)( 2)( B) of the Act allows equipment that was purchased before the proposal of the regulations to be approved by EPA if it is substantially identical to equipment that has been certified by an EPA approved independent laboratory. This measure was designed to incorporate or " grandfather" older equipment that has not been submitted to an independent laboratory for testing. The equipment manufacturer or owners may submit the following to the SPD: an application and supporting documents that includes process flow sheets, a list of equipment components and any other information which would indicate that the equipment is capable of cleaning the refrigerant to standards set forth in Appendix A to the regulations or recovering refrigerant to standards set forth in Appendix B to the regulations. The information provided allows EPA to determine if the equipment is substantially identical to certified equipment and is kept on file at the SPD.

§ 82.42( b) Recordkeeping requirements.

§ 82.42( b)( 1) Any person who owns approved refrigerant recycling equipment certified under § 82.36( a)( 2) must maintain records of the name and address of any facility to which refrigerant is sent.

( 2) Any person who owns approved refrigerant recycling equipment must retain records demonstrating that all persons authorized to operate the equipment are currently certified under § 82.40.

( 3) Any person who sells or distributes any class I or class II substance that is suitable for use as a refrigerant in a motor vehicle air conditioner and that is in a container of less than 20 pounds of such refrigerant, must verify that the purchaser is properly trained and certified under § 82.40. The seller must have a reasonable basis for believing that the information presented by the purchaser is accurate. The only exception to these requirements is if the purchaser is purchasing the small containers for resale only. In this case, the seller must obtain a written statement from the purchaser that the containers are for resale only and indicate the purchasers name and business address. Records required under this paragraph must be retained for a period of three years.

( 4) All records required to be maintained pursuant to this section must be kept for a minimum of three years unless otherwise indicated. Entities which service motor vehicle air conditioners for consideration must keep these records on site.

( 5) All entities which service motor vehicle air conditioners for consideration must allow an authorized representative of the Administrator entry onto their premises ( upon presentation of his or her credentials) and give the authorized representative access to all records required to be maintained pursuant to this section.

§ 82.42( c) Public Notification Any person who conducts any retail sales of a class I or class II substance that is suitable for use as a refrigerant in a motor vehicle air conditioner, and that is in a container of less than 20 pounds of refrigerant, must prominently display a sign where sales of such containers occur which states: " It is a violation of federal law to sell containers of Class I and Class II refrigerant to anyone who is not properly trained and certified to operate approved refrigerant recycling equipment."

Need for and Use of the Collection a) Authority for the Collection The information requested from all entities that service motor vehicle air conditioners is required by Section 609 of the Act, Subpart B   Servicing of Motor Vehicle Air Conditioners. All recordkeeping and reporting requirements are contained in § 82.42 Certification, recordkeeping and public notification requirements.

b) Practical Utility/ Users of the Data ( 1) Any person who owns approved refrigerant recycling equipment must retain records demonstrating that all persons authorized to operate the equipment are currently certified under § 82.40. The seller must have a reasonable basis for believing that the information presented by the purchaser is accurate. There are two exceptions to this rule: 1) if the purchaser is purchasing a small container for resale only; or if the purchaser is going to service their own car. If the purchaser is going to resell the refrigerant, they must submit a written statement to the seller stating that the containers they are purchasing are for resale only identifying the purchasers name and business address. Records required under this paragraph must be retained for a period of three years.

( 2) EPA uses the refrigerant recycling equipment certificate to confirm compliance with Section 609 and to identify businesses engaged in motor vehicle air conditioning repair and maintenance. The Agency is required to either test refrigerant recycling equipment itself or have independent laboratories test the equipment. In order to protect the purity of the pool of recycled refrigerant for use in the motor vehicles, the Agency is required to guarantee that all recycling and recovery equipment meets minimum national standards. Since EPA does not have the capabilities to test recycling or recovery equipment on a national scale, the Agency relies on private laboratories to test equipment. Currently UL and ETL certify equipment on a voluntary basis. The Agency established a program to evaluate and approve UL and ETL procedures in addition to other laboratories that may request approval. SPD uses the information provided by independent laboratories to evaluate their capability to test recycling and recovery equipment. The Agency has required the submission of information that will enable it to insure that all approved laboratories can test equipment under Agency standards and the accepted SAE standards. EPA has only requested information which will verify whether or not a laboratory is capable of testing equipment to these minimum national standards.

( 3) In order for EPA to certify equipment, the Agency must be provided with information that proves the ability of the equipment to recycle or recover refrigerant according to the SAE J standards. SPD uses the information submitted by an equipment owner or an equipment manufacturer to determine if its equipment is substantially identical to equipment certified by an EPA approved independent laboratory.

( 4) All records associated with this collection must be maintained on site at service facilities for a period of three years. It is considered good business practice to maintain records for the life of the business though, in order to provide documentation of proper handling of repair, in the event of a dispute. EPA inspectors, mechanics, and\ or manufacturing representatives use this information to assess system performance, and mechanic care.

( 5) EPA requires service establishments to record the name and address of any off site facility to which refrigerant is sent. EPA inspectors from the Office of Enforcement and Compliance Assistance ( OECA) are authorized to enter any service facility to review records of air conditioning repair and maintenance activities by trained\ certified personnel to verify their compliance with the motor vehicle air conditioning recycling program.

( 6) Because of the rapidly changing nature of the motor vehicle air conditioning market, EPA requires that technician certification programs conduct internal reviews and update their programs every two years. By requiring that a summary of the review to be sent to EPA, the Agency is assured of the accuracy of the information and is able to compare program guidelines.

3. Non duplication, Consultations, and Other Collection Criteria a) Non duplication The specific information requested in this ICR is not currently collected by any other office within EPA or any other government agency.

b) Consultations In developing the regulations under the Act, EPA established an advisory council for issues relating to stratospheric ozone. The Stratospheric Ozone Protection Advisory Council ( STOPAC) membership included representatives from affected industries, environmental interest groups, and academics in related fields. Within STOPAC, subcommittees were formed to look at the more detailed issues. The subcommittee on motor vehicle air conditioning met several times and discussed all aspects of the proposed regulations for Section 609 of the Act. The Federal Register Notice required under 5 CFR 1320.8( d), soliciting comments on this collection of information, was published on 9/ 4/ 98 ( 63 FR 47284); no comments were received.

c) Effects of Less Frequent Collection The equipment certification timetable was established by Congress in Section 609. Since the certification submission is a one time occurrence, a less frequent collection of this information would make it impossible to comply with Section 609.

Again, both technician certification programs and independent laboratory equipment testing programs are required to be submitted to EPA under Section 609 of the Act. The review is a one time occurrence and must take place to allow the Agency to approve programs under the Act.

d) General Guidelines This rule does not exceed any of the guidelines.

e) Confidentiality and Sensitive Questions i) Confidentiality This section does not apply because this ICR does not request information of a confidential nature.

ii) Sensitive Questions This section does not apply because this ICR does not request information of a sensitive nature.

4. The Respondents and the Information Requested a) Respondents / NAIC Codes The following is a list of NAIC codes affected by the manifest information requirements covered under this ICR:

44111  New Motor Vehicle Dealers 44112  Used Motor Vehicle Dealers 53211  Passenger Car Rental 81112  Top, Body Upholstery Repair and Paint Shops 81111  General Automotive Repair Shops 44711  Gasoline Service Stations 53212  Truck Rental and Leasing Without Drivers b) Information Requested i) Data Items, including Recordkeeping Requirements: All entities that service motor vehicle air conditioners must send to EPA on a one time basis a motor vehicle air conditioner recover/ recycle equipment certification. This certification must include the name of the establishment address where the equipment will be used, telephone number, name of equipment manufacturer model number, date of manufacture serial number and the signature of the owner/ operator of the equipment.

Technician certification programs interested in certifying technicians are required to send a copy of their program to EPA for approval. A successful test includes the following components: all relevant SAE standards dealing with the servicing and repair of motor vehicle air conditioners; likely future technological developments; the general regulatory requirements imposed by EPA under Section 609 of the Act; the environmental consequences of the release of refrigerant during the servicing and repair of motor vehicle air conditioners; and the adverse effects of stratospheric ozone depletion. Certification programs are required to conduct a periodic review and provide EPA with a written assurance that they have taken the necessary steps to update their tests. At a minimum, the Agency requires that this review be conducted every two years and that the Agency be provided with a program review summary report.

In addition to including copies of the proposed tests, the testing authorities must provide information concerning the authority who will grade the test, the score required to pass the exam, the means of identifying the individual taking the test, and the measures taken at the test site to ensure that the tests are completed honestly by each technician. Once the technician has successfully completed a certification test, the testing authority must provide individual proof of certification. Potential certification programs must furnish a sample of their proof of certification for EPA.

Independent laboratory testing of recycling and recovery equipment is designed to ensure the equipment is capable of safely meeting the standards established by EPA in the 609 regulations To ensure a degree of uniformity in the equipment certification programs, independent laboratories are required to submit an application to EPA that includes the procedures used to test recycling equipment for its ability to remove moisture, oil, and noncondensable gas from refrigerant. For each test, the laboratory must include a list of equipment used and the temperature parameters for the tests.

Equipment owners or manufacturers who request an EPA certification of their equipment as substantially identical must submit an application and supporting documents to the Agency. Among the supporting documentation, applicants must submit process flow sheets, and a complete list of equipment components. An applicant is free to submit any other information he or she feels would assist EPA in identifying the equipment as substantially identical to certified equipment.

Service establishments must record the name and address of any facility to which any refrigerant is sent for off site reclamation or recycling.

If the purchaser of small containers intends to resell them, the seller must be provided with a written statement that the containers are for resale only. The statement must also contain the purchaser's name and address and must be kept for three years. In addition, any person who owns approved recycling equipment and sends used refrigerant off site for reclamation must keep records for three years of the name and address of the facility to which the refrigerant is sent. Finally, any person who owns equipment must retain records for three years demonstrating that all technicians authorized to operate the equipment are certified pursuant to the Clean Air Act.

Any retailer who sells Class I and\ or Class II substances suitable for use as a refrigerant in a motor vehicle must post a sign on the shelf , stating: " It is a violation of federal law to sell containers of Class I and Class II refrigerant of less than 20 pounds of such refrigerant to anyone who is not properly trained and certified to operate approved refrigerant recycling equipment."

ii) Respondent Activities:

A. All Entities That Service Motor Vehicle Air Conditioners Compile a certification that states the following: name of the establishment, mailing address where equipment will be located, telephone number, name of equipment manufacturer of the installed recycling or recovery machine, equipment model number, the date of manufacture, and serial number. The owner of the equipment must sign the certification stating that the equipment will be properly used in servicing motor vehicle air conditioners and that each individual authorized by the purchaser to perform service is property trained and certified. In many cases a form is provided by the manufacturer of the equipment. Once the form is complete, it must be sent to EPA.

B. Technician Certification Programs  Submit a copy of the training program to EPA.

 Conduct a program review every two years and send the summary to the EPA.

C. Independent Laboratories  Research SAE J standards on motor vehicle air conditioning recycling and recovery equipment.  Compile test procedures to ensure that the testing program fulfills the SAE J 1990 standards for recycling and recovery equipment.

 Assemble test methodology, a list of equipment required and the temperature parameters for the report to EPA.

D. Substantially Identical Equipment Owners or Manufacturers  Locate information that will verify that the equipment can perform to the SAE J standards, including process flow sheets and a list of components.

 Compile supporting information and submit it to EPA.

E. Recordkeeping  Record the facility address to which any refrigerant is sent for off site reclamation or recycling.

F. Sellers/ Distributors of Small Containers  Compile and file written statements to verify that purchasers intend to only resell the small containers of refrigerant.

G. Public Notification Any person who conducts any retail sales of a class I or class II substance that is suitable for use as a refrigerant in a motor vehicle air conditioner, and that is in a container of less than 20 pounds of refrigerant, must prominently display a sign where sales of such containers occur which states: " It is a violation of federal law to sell containers of Class I and Class II refrigerant to anyone who is not properly trained and certified to operate approved refrigerant recycling equipment."

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management.

a) Agency Activities  Enter and store certifications from all entities that have purchased approved recycling equipment.

 Store certifications from small entities that want to claim a year exemption to purchasing approved equipment.

 Review test materials for technician certification programs.

 Review summaries of program updates every two years.  Review applications from independent labs that certify recycling and recovery equipment

 Review applications and supporting documents from recycling or recovery equipment owners for EPA equipment certification.

 Inspect records maintained by service establishments and establishments that sell small containers of refrigerant to distributors.

b) Collection Methodology and Management SPD and the EPA regional offices have planned and allocated resources for the efficient and effective management and use of this information. The Agency has developed a sample form that manufacturers may distribute to service establishments that have purchased approved recycling equipment for their use in reporting to EPA. An establishment may submit the form provided by the manufacturer of the recycling equipment. Entities are not required to use the manufacturer's form, but they must submit the required information. The information submitted by each service establishment is maintained by the EPA regional offices.

Technician certification programs must be submitted to the Agency for review and approval by SPD. Program materials include, but are not limited to: video tapes, scripts, manuals, booklets, and software or other forms of electronic information. Testing of technicians may be performed either manually or electronically. The certification programs and their review reports are kept on file at EPA for reference.

Independent laboratories must submit an outline of their test procedures for testing recycling and recovery equipment to the Agency. The Agency compares the procedures submitted for their ability to meet the SAE standards as specified in Section 609 of the Act. These outlines may be submitted manually or electronically, as long as they are made available for Agency review.

Equipment manufacturers or equipment owners that are interested in having their equipment determined substantially identical must submit information to the Agency for an evaluation of the equipment. The information provided is kept on file at EPA for reference.

The Agency has determined that periodic on site inspection is the most effective method to insure compliance with section 609. The records should be kept at the location where service involving refrigerant is performed or where small containers of refrigerant are distributed for resale.

c) Small Entity Flexibility Section 609 contains a provision which allowed small entities ( i. e., those which performed service on fewer than 100 motor vehicle air conditioners during the calendar year 1990) an extra year to comply with the provisions of Section 609. EPA expects a small number of technician certification programs and independent laboratory equipment testing programs to apply for approval. The requirement to submit the program for Agency approval is not burdensome and is not expected to prevent small entities from developing programs. The Act does not require programs to be developed, only that once developed they be submitted to EPA.

The substantially identical determination is designed to examine equipment sold before the regulations was proposed and that had not been certified by an approved independent laboratory. This provision will benefit small entities who may have purchased recycling or recover equipment in a good faith effort to recover refrigerant prior to the regulatory mandate. The information requested is available in an equipment owners manual.

The name and address of the reclamation or recycling facility to which refrigerant is sent by an establishment with recover only capabilities is a normal part of existing recordkeeping procedures for business transactions. The records maintained by persons who sell small containers of refrigerant require only that the resale only statement be added into invoicing procedures.

d) Collection Schedule All entities were required to submit certification forms to EPA by January 1, 1993. The certification for recycling and recovery equipment is intended as a one time information request for the life of the equipment.

After the initial EPA approval, technician training programs must review their programs every two years to account for technological developments. A summary of the program review must be submitted to EPA.

The submission of information for the grandfathering of equipment is a one time information request. The records required by EPA must be maintained for a three year period in case of a periodic inspection.

6. Estimating the Burden and Cost of the Collection a) Estimating Respondent Burden, Estimating Respondent Costs, and Estimating the Respondent Universe and Total Burden and Costs The Agency estimates that there are no capital/ start up costs associated with the requirements of section 609 and therefore with the renewal of this information collection request.

i)( a) Certification by Service Facilities The burden was estimated to be a quarter hour based on the limited nature of the information requested, and the ease of obtaining the information. The wage for service workers in the motor vehicle repair industry is $ 16.61, based on Bureau of Labor Statistics' quotes from 2005. The number of respondents under the previous information collection was estimated at 10,000, but based on the response from service stations at the time of the last accounting, we adjusted our estimate down to 2,000 service stations needing to present a single certification to EPA in a given year, with an estimated burden of 1/ 4 burden hour, or $ 4.15 per service station. See the attached table for aggregate costs and burden hours.

i)( b) Equipment Certification for Service Stations that will Change Ownership or New Firms Entering the Market The burden was estimated to be a quarter hour based on the limited nature of the information requested, and the ease of obtaining the information. Original estimates about the number of service stations that would need to submit certifications have been shown to be invalid. The average hourly wage for service workers in the automotive repair industry is $ 16.61 according to Bureau of Labor Statistics' quotes from 2005. EPA estimated that 1,000 certification forms would be received per year. See the attached table for the estimated number of respondents and burden hours for each respondent.

ii) 2 Year Summary of Review of Training Program There are twenty four programs currently enrolled in this program. We have assessed the burden for submitting a review of technician certification training programs at 1 hour. Since certifying programs will need to conduct reviews of their programs, every other year, the number of burden hours is therefore calculated at 12 hours each year for 12 reviews. The Training Director of the certifying program would be expected to conduct the program review, and the salary of a Training Director is approximated at $ 35.45 in the Bureau of Labor Statistics for 2005.

iii) Technician Certification Programs The burden of submitting the training program to EPA can easily be incorporated into an establishment's mailing system. The burden for Training Director's at Technician Certification developing a management plan and a test for submission to EPA was estimated at three hours because of the brief nature of the documentation needed. Each hour of the Training Director's time has been valued at $ 35.45 based on estimates from the Bureau of Labor Statistics for 2005. New programs have been submitted under this program, at a rate of one every other year, and a burden of 3 hours is therefore being added to account for the company's time to prepare submissions to apply for acceptance in this program. The total number of respondents each year in this category is just 1 program.

iv) Information Submission Substantially Identical Equipment Submission The burden was estimated to be one hour based on the ease of obtaining the information from a standard equipment owners manual. Routine engineering and testing information is adequate for supporting documentation from an equipment manufacturer in a substantially identical claim. See the attached table for the estimated number of respondents and burden hours for each respondent. We do not anticipate any respondents in this category during the course of this ICR.

v) Verification Statements of the Purchase of Small Containers of Refrigerant for Resale The recordkeeping requirements for the purchase of small containers of refrigerant for resale only entails the minimal extension of the normal invoicing procedures. The number of distributors was derived from a discussion with a representative from the Automotive Refrigeration Products Institute. Whenever the purchase of refrigerant is made for resale only, the seller must be provided with a written statement that the refrigerant purchased is for resale only. This statement must be kept on file and updated with additional purchases of refrigerant. It was estimated that purchasers of refrigerant who intend to resell it will buy the small containers in bulk, making recordkeeping a very minimal task for the sellers. It was estimated that distributors would buy in bulk twice a year (. 25 hrs per occurrence). No operation and maintenance costs are factored under this collection, because cabinets to maintain records are considered essential to business operation regardless of this exercise. Reporting is not required and therefore no additional burden is necessary other than what is necessary to record sales. An average hour of clerical time was valued at $ 13.10. per hour, based on the Bureau of Labor Statistics 2005 Data quoted for a Word Processor\ Typist. See the attached table for the estimated number of respondents and burden hours for each respondent. The total number of respondents is estimated at 2,000 and the burden hours are 500, based on the fact that each occurrence only takes .25 hours of clerical time.

vi) Recordkeeping of Name and Address of Facilities Receiving Refrigerant The time burden was estimated at five minutes based on the limited nature of the information requested and the ease of obtaining the information. Recover/ recycle equipment manufacturers have determined from sales of recycling equipment that refrigerant is being recycled on site. The removal of 35,000 service establishments from the total number of establishments allowed us to derive that the number of establishments expected to use off site facilities is 5,000. This number was based on the continuing trend at service establishments to recycle on site therefore reducing the burden in this category. There are no reporting requirements associated with this information collection. The median hourly rate for a service station workers' time was valued at $ 16.61, based on the BLS statistics from 2005. The number of respondents is estimated at 5,000, and the burden hours are 400 based on 5 minutes ( or .08 hr. for each occurrence). See the attached table for the estimated number of respondents and burden hours for each respondent.

vii) All Equipment Operators are Certified Technicians The time burden was estimated at five minutes based on the limited nature of the information requested and the ease of obtaining the information. The median hourly rate for a service station workers' time was valued at $ 16.61, based on the BLS statistics from 2005. See the attached table for the estimated number of respondents and burden hours for each respondent. The number of respondents for this category is estimated at 14,000, and the burden is therefore assessed at 1,120 hours given that each occurrence only takes five minutes ( or .08 hr.) to record.

viii) Public Notification The time burden was estimated at .08 hours to post notification for customers of certification requirements for the purchase of class I and class II refrigerants. The median hourly rate for a service station workers' time was valued at $ 16.61, based on the BLS statistics from 2005. See the attached table for the estimated number of respondents and burden hours for each respondent. The number of respondents for this category is estimated at 1,000 vendors, and the burden is assessed at 80 hours, given that each occurrence only takes five minutes ( or .08 hr.) to post.

c) Estimating Agency Burden and Cost The hours for data entry of the equipment certifications were calculated at an entry rate of 30 certification cards per hour. This activity will be conducted by a clerical employee at EPA. We do not expect any more independent laboratories to apply for EPA approval. Consideration of equipment as substantially identical, has not been requested once during the course of the current 3 year ICR, so we have eliminated this category from the request. The EPA review, and response on Technician Certification Program Applications will be conducted by a mid level EPA Analyst, and will take approximately 16 hours per program. The opening at Headquarters and routing of Equipment Certification Forms is handled by a clerical employee. This process is estimated at 2 hours per week, for a total of 100 hours a year, considering vacations. The handling of Certification Forms in the Regions is handled by a mid level employee generally, and the estimate of hours for that activity is 100 hours, based on the rate of 30 forms per hour. An average labor rate of $ 30 per hour was used to calculate the burden of these activities conducted by EPA personnel and our current estimate for these activities is 200 hours and $ 6,000.

e) Bottom Line Burden Hours and Cost Tables i) Respondent Tally 25,013 ii) Annual Burden Hours: 2,865 Annual Costs: $ 46,002 ii) Agency Tally 22 Annual Burden Hours: 200 Annual costs: $ 6,000 f) Reasons for Change in Burden The decrease in burden results from the fact that the number of service facilities entering the market and changing ownership was overstated in the original ICR and was adjusted downward in the last revision to this ICR. In this revision to the ICR, we were able to acknowledge significant cost reductions in the public sector, because the Bureau of Labor Statistics' data on salaries shows that our previous salary assumptions were arbitrarily inflated. In addition, a number of erroneous entries and inconsistencies were detected in the previous revision to the ICR. Correcting those errors has resulted in significant reductions in resultant burden associated with this rule.

g) Burden Statement The industry reporting burden for this collection is estimated in the following tables. It includes the time needed to comply with EPA's certification requirements and Agency reviews.

Equipment Certification Burden per Occurrence Respondent Activities Service Entity hrs.

Complete equipment certification and submit it to EPA .25 Technician Certification Respondent Activities Training Program Companies hrs.

2 year review of training program   preparing a summary for submission to EPA 1 Submission of Technician Certification Program Application 3 Substantially Identical Equipment Response Activities Applicant hrs.

Recording information on equipment and submit to EPA 1 Maintain Verification Statements for the Purchase of Small Containers of Refrigerant for Resale .08 Recordkeeping Requirements Response Activities Sellers of Small Containers hrs. Compile and file information .08 Recordkeeping for Off Site Reclamation or Recycling Response Activities Service Establishment hrs.

Recording the name and address of the off site facility .08 All Equipment Operators are Certified Technicians Recording activities Service Establishment hrs.

Filing equipment certifications .25 TOTAL 5.91 hours For the total reporting burden, total recordkeeping burden, and grand total public burden, see the information located behind the attached chart.

Source data and informational requirements for statospheric ozone protection:

Equipment Certification Burden  Complete certification and submit it to EPA: CAA Section 609( d) and 40 CFR 82.42( a).

Technician Certification Program  2 year review of training program: 40 CFR 82.40.

Substantially Identical Equipment  Compile information on equipment and submit to EPA: 40 CFR 82.36( b).

Small Containers Purchased for Resale Only Recordkeeping Requirements  Compile and file information: 40 CFR 82.42( b)( 3).

Recordkeeping for Off Site Reclamation or Recycling  Recording the name and address of the off site facility: 40 CFR 82.42( b)( 1).

All Equipment Operators are Certified Technicians Recordkeeping  Filing the certificates in service facility files: 40 CFR 82.42( b)( 2). Public Notification Requirement   Posting sign on shelf that certification is required to purchase refrigerant in small containers: 40 CFR 82.42( c).

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OAR 2004 0389, which is available for public viewing at the EPA Air Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the EPA Air Docket is ( 202) 566 1742. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select " search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number OAR 2004 0389 and OMB Control Number 2060 0247 in any correspondence. ACTIVITY CAPITAL/ START UP BURDEN CAPITAL/ START UP COSTS # ANNUAL RESPONDENTS ANNUAL BURDEN HOURS RESPONDENT HOURLY LABOR RATE ANNUAL COSTS REPORTING Compliance certification by owners of motor vehicle air conditioning service facilities 0 0 2000 0.25 Annual Burden = # respondents x burden per response ( 2,000 x0.25= 500 hrs) 500 hrs. $ 16.61 $ 8,305 Compliance certification by owners of motor vehicle air conditioning service facilities that change ownership or enter the market 0 0 1000 0.25 hrs.

Annual Burden = # respondents x burden per response ( 1,000 x0.25= 250 hrs) 250 hrs. $ 16.16 $ 4,040 2 Year Summary of Review and technical changes to technician training and certification program 0 0 12 1hrs Annual Burden = # respondents x burden per response ( 12 x1.0= 12 hrs) 12 hrs. $ 35.45 $ 425 609 Technician Certification Program Applications Received 0 0 1 3 hrs.

Annual Burden = # respondents x burden per response ( 1 x 3  3 hours) 3 hrs. $ 34.45 $ 106 Owners Submission of Request for Determination of Substantially Identical Equipment 0 0 0 0 hrs.

Annual Burden = # respondents x burden per response ( 0 x1.0= 0 hrs) 0 hrs. $ 16.61 $ 0 TOTALS: 3,013 765 hrs $ 12,876 RECORDKEEPING The name and address of offsite facilities receiving used refrigerant 0 0 5,000 .08 Annual Burden = # respondents x burden per response ( 5,000 x. 08= 400 hrs) 400 hrs. $ 16.61 $ 6,644 All persons operating recycling equipment are certified technicians 0 0 14,000 .08 hrs.

Annual Burden = # respondents x burden per response ( 4,000 x 0.08= 1,120 hrs) 1,120 hrs. $ 16.61 $ 18,603 Seller of refrigerants maintain verification statements for the purchase of small containers of refrigerant intended for resale 0 0 2,000 0.25 hrs.

Annual Burden = # respondents x burden per response ( 2,000 x0.25= 500 hrs) 500 hrs. $ 13.10 $ 6,550 Posting of public notification by sellers of motor vehicle refrigerants 0 0 1,000 .08 hrs Annual Burden = # respondents x burden per response ( 1,000 x0.08= 80 hrs) 80 hrs. $ 16.61 $ 1,329 TOTALS 0 0 25,013 2,100 hrs $ 33,126 RECORDKEEPING:

TOTAL RECORDKEEPING CAPITAL/ START UP BURDEN HOURS: 0 TOTAL RECORDKEEPING ANNUAL BURDEN HOURS: 2,100 HOURS TOTAL RECORDKEEPING CAPITAL/ START UP COSTS: 0 TOTAL RECORDKEEPING ANNUAL COSTS: $ 33,126 REPORTING:

TOTAL REPORTING CAPITAL/ START UP BURDEN HOURS: 0 HOURS TOTAL REPORTING ANNUAL BURDEN HOURS: 765 HOURS TOTAL REPORTING CAPITAL/ START UP COSTS: $ 0 TOTAL REPORTING ANNUAL COSTS: $ 12,876 TOTAL PUBLIC BURDEN:

SUM OF TOTAL ANNUAL BURDEN HOURS: 2,865 SUM OF TOTAL CAPITAL/ START UP COSTS AND TOTAL ANNUAL COSTS: $ 46,002


[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Notices]
[Pages 37495-37496]
[FR Doc No: 2020-13297]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0013; Notice 2]

Michelin North America, Inc., Grant of Petition for Decision of
Inconsequential Noncompliance

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

ACTION: Grant of petition.

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SUMMARY: Michelin North America, Inc. (MNA), has determined that
certain BFGoodrich All-Terrain T/A KO2 replacement tires do not comply
with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New
Pneumatic Radial Tires for Light Vehicles. MNA filed a noncompliance
report dated November 13, 2018, and subsequently petitioned NHTSA on
December 10, 2018, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety. This notice
announces the grant of MNA's petition.

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

SUPPLEMENTARY INFORMATION:

I. Overview

    MNA has determined that certain All-Terrain TA KO2 tires do not
comply with paragraph S5.5.1(b) of FMVSS No. 139, New Pneumatic Radial
Tires for Light Vehicles (49 CFR 571.139). MNA filed a noncompliance
report dated November 13, 2018, pursuant to 49 CFR 573, Defect and
Noncompliance Responsibility and Reports, and subsequently petitioned
NHTSA on December 10, 2018, 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 40 U.S.C. 30118 and 49 U.S.C. 30120, Exemption for
Inconsequential Defect or Noncompliance.
    Notice of receipt of MNA's petition was published, with a 30-day
public comment period on July 3, 2019, in the Federal Register (84 FR
32010). No Comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2019-0013.''

II. Equipment Involved

    Approximately 415 BFGoodrich All-Terrain T/A KO2 replacement tires,
size LT275/65R20, manufactured between September 2, 2018, and October
6, 2018, are potentially involved.

III. Noncompliance

    MNA explains that the noncompliance is that the subject tires were
marked with an incorrectly sequenced Tire Identification Number (TIN)
and therefore, do not meet the requirements of paragraph S5.5.1(b) of
FMVSS No. 139. Specifically, the DOT symbol was incorrectly placed
between the first and second grouping of the TIN when the symbol should
be placed either in front of or below the TIN, thus, both the DOT
symbol and the plant code were marked in the incorrect sequence.

IV. Rule Requirements

    Paragraph S5.5.1 (b) of FMVSS No. 139 includes the requirements
relevant to this petition. Each tire must be labeled with the TIN on
the intended outboard sidewall of the tire, as required by 49 CFR part
574. Either the TIN or a partial TIN should contain all characters in
the TIN, except for the date code and, at the discretion of the
manufacturer, any optional code, and must be labeled on the other
sidewall of the tire. If the tire does not have an intended outboard
sidewall, the tire must be labeled with the TIN required by 49 CFR part
574 on one sidewall and with either the TIN, containing all characters
in the TIN except for the date code and at the discretion of the
manufacturer, any optional code, on the other sidewall.

V. Summary of Petition

    MNA described the subject noncompliance and stated its belief that
the noncompliance is inconsequential as it relates to motor vehicle
safety.
    In support of its petition, MNA submitted the following reasoning:

1. Operational Safety

    a. The TIN marking noncompliance does not create any operational
safety risk for the vehicle. The tires comply with applicable FMVSSs
and all other applicable regulations.
    b. The incorrect marking sequence of the DOT symbol and TIN
plant code has no bearing on tire performance.
    c. The subject tires are properly marked with all other markings
required under FVMSS No. 139 such as S5.5(c) maximum permissible
inflation pressure and S5.5(d) maximum load rating. The necessary
information is available on the sidewall of the tire to ensure
proper application and usage.

    d. The subject tires contain the DOT symbol on both sidewalls
thus indicating conformance to applicable FMVSS.

2. Identification & Traceability

    a. All information required by 49 CFR 574.5 for Tire
Identification Number (plant code + size code + option code + date
code) is present on the sidewall of the tire.
    b. The marking discrepancy only exists on one sidewall of the
tire. The opposing sidewall has the correct sequence of DOT + plant
code + size code + option code.
    c. For identification and traceability purposes the key
information of plant code and manufacturing date is present on the
tire.
    d. In the event that dealer/owner notifications are required
either the intended marking (DOT BF) or the actual marking (BF DOT)
would serve as an identifier of the tire.

3. Proactive Measures

    a. The mismarking has been communicated to BFGoodrich Customer
Care representatives in order to effectively handle any inquiries
from dealers or owners regarding the subject tires.

    MNA concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.

VI. NHTSA's Analysis

    NHTSA has evaluated the merits of the inconsequential noncompliance
petition submitted by MNA and has determined that this particular
noncompliance is inconsequential to motor vehicle safety. Specifically,
the Agency considered the following when making its decision:

    1. Having the DOT code and TIN code markings in the incorrect
sequence on one sidewall does not pose a risk to safety on the
subject tires. The DOT symbol is stamped within the TIN code and
still readily available in case an end-user would be in search of
the DOT symbol as a sign of the certification of the subject tires.
The symbol DOT is marked on the tire and accurately communicates the
manufacturer's certification that the tire conforms to FMVSS No 139.
    2. However, while correctly marked with the symbol DOT
indicating certification of the tire, the sidewalls of one side of
the tires were marked ``BF DOT'' instead of ``DOT BF,'' which is the
correct sequence. NHTSA evaluated whether the mislabeling of the
subject tires poses a risk to safety considering the following
areas:
    Operational safety: At this time, NHTSA does not foresee a
misunderstanding of the information conveyed due to the symbol DOT
being out of sequence. Therefore, NHTSA agrees with MNA that
reversing the order of the symbol DOT and plant code does not pose a
safety risk for the vehicles on which these tires are mounted or the
tires themselves.
    Performance: NHTSA reviewed MNA's submission of certification
data for the subject tires. The subject tires appear to comply with
the FMVSS No. 139 performance requirements related to the endurance
requirement, high-speed requirement, plunger energy test
requirement, and bead unseat requirement. Therefore, on the basis
that the tires meet the minimum performance requirements of
applicable FMVSS, reversing the order of the symbol DOT and plant
code does not pose a safety risk.
    Identification and Traceability: A complete TIN is present with
the plant code, size code, optional code, and date code on the
sidewalls of the tires. One sidewall has an incorrect sequence while
the correct sequence as stamped ``DOT BF'' is present and readily
available on the opposite sidewall of the full TIN. MNA has ensured,
for identification and traceability purposes, the key information
(i.e. plant code and manufacturing date) is present on the tire. The
markings ``DOT BF'' and ``BF DOT'' serve as identifiers of the tire,
making it traceable in the event a recall should occur. MNA has
notified its customer care representatives so they can properly
address inquiries raised by customers or dealers about this
noncompliance. In addition, MNA has communicated to NHTSA that
although erroneously marked ``BF DOT'' instead of ``DOT BF,'' the
tires will be able to be registered for traceability.

VII. NHTSA's Decision

    In consideration of the foregoing, NHTSA finds that MNA has met its
burden of persuasion that the FMVSS No. 139 noncompliance is
inconsequential as it relates to motor vehicle safety. Accordingly,
MNA's petition is hereby granted and MNA is exempted from the
obligation of providing notification of, and a remedy for, the
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 tires that MNA no longer controlled at the
time it determined that the noncompliance existed.
    However, the granting of this petition does not relieve equipment
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant tires under their control after MNA
notified them that the subject noncompliance existed.

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

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2020-13297 Filed 6-19-20; 8:45 am]
BILLING CODE 4910-59-P