[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Notices]
[Pages 76036-76038]
[FR Doc No: 2022-26903]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10299-01-OMS]

Privacy Act of 1974; System of Records

AGENCY: Office of Mission Support (OMS), Environmental Protection
Agency (EPA).

ACTION: Notice of a new system of records.

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SUMMARY: The U.S. Environmental Protection Agency's (EPA) Office of
Mission Support (OMS) is giving notice that it proposes to create a new
system of records pursuant to the provisions of the Privacy Act of
1974. EPA is creating the Enterprise Physical Access Control System
(ePACS) to collect and maintain employee and contractor information
that is used to determine suitability for physical access to EPA-
managed facilities and certain restricted areas within these
facilities.

DATES: Persons wishing to comment on this system of records notice must
do so by January 11, 2023.
    Routine uses; for this new system of records will be effective
January 11, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OMS-2022-0847, by one of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the
online instructions for submitting comments.
    Email: [email protected]. Include the Docket ID number in the
subject line of the message.
    Fax:<PHONE_NUMBER>.
    Mail: OMS Docket, Environmental Protection Agency, Mail Code:
2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery: OMS Docket, EPA/DC, WJC West Building, Room 3334,
1301 Constitution Ave. NW, Washington, DC 20460. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OMS-
2022-0847. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Controlled Unclassified Information (CUI) or other information
for which disclosure is restricted by statute. Do not submit
information that

you consider to be CUI or otherwise protected through https://www.regulations.gov. The https://www.regulations.gov website is an
``anonymous access'' system for the EPA, which means the EPA will not
know your identity or contact information. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment. If the EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, the EPA may not be able to consider your comment. If you
send an email comment directly to the EPA without going through https://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the internet. Electronic files should avoid the
use of special characters, any form of encryption, and be free of any
defects or viruses. For additional information about the EPA public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CUI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at the
OMS Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC 20460. The Public Reading Room is normally 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 OMS Docket is (202) 566-
1752. Further information about EPA Docket Center services and current
operating status is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    James Cunningham, Information Technology (IT) Project Manager,
Office of Mission Support, Environmental Protection Agency, 1301
Constitution Ave. NW, Washington, DC 20460, [email protected].
    Jackie Brown, Information System Security Officer, Office of
Mission Support, Environmental Protection Agency, 1301 Constitution
Ave. NW, Washington, DC 20460, [email protected].

SUPPLEMENTARY INFORMATION: Enterprise Physical Access Control System
(ePACS) comprises non-traditional IT hardware such as Personal Identity
Verification (PIV) card readers, control panels, closed circuit video
cameras, building intrusion detection sensors, alarm keypads, and
emergency door buttons that are tightly integrated into one ePACS
system that is centrally managed in a virtual server environment. An
employee or contractor must register their PIV card with ePACS. During
the registration process, the following information is collected and
stored in an ePACS centralized database: first name, last name, PIV
card serial number, image, expiration date, affiliation (employee or
contractor), and organization. Specific access clearances are then
granted to a PIV card credential which allows access to EPA buildings,
doors, rooms, elevators, and other physical access points. Information
collected each time the PIV card credential is used is stored in the
ePACS centralized database. This information assists EPA in monitoring
its facilities, buildings, and other physical access points to ensure
that only authorized personnel gain entry.
    EPA is developing ePACS to comply with Homeland Security
Presidential Directive-12: Policy for a Common Identification Standard
for Federal Employees and Contractors (HSPD-12), and with the Office of
Management and Budget (OMB) Memorandum M-11-11 Continued Implementation
of HSPD-12. HSPD-12 mandates a government-wide standard for secure and
reliable forms of identification issued by the Federal Government to
its employees and contractors. M-11-11 requires use of a PIV credential
as the common means of authentication for access to Federally-
controlled facilities, networks, and information systems. To allow
physical entry to EPA-controlled facilities and logical access to EPA
information systems, ePACS uses PIV smartcard credentials issued to EPA
employees and contractors. A PIV smartcard links an individual's
identity to an identification credential that enables that person to
gain physical access to federally-controlled buildings and logical
access to information systems.

SYSTEM NAME AND NUMBER:
    Enterprise Physical Access Control System (ePACS), EPA-99.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The system will be managed by the Office of Mission Support,
Environmental Protection Agency, 1301 Constitution Ave. NW, Washington,
DC 20460.
    Electronically stored information is hosted at the EPA National
Computer Center (NCC), 109 TW Alexander Drive, Research Triangle Park,
Durham, NC 27711.

SYSTEM MANAGER(S):
    Alexandria DeLaCruz-Matthews, Program Manager, Office of Mission
Support, Environmental Protection Agency, 1301 Constitution Ave. NW,
Washington, DC 20460, [email protected].
    James Cunningham, IT Project Manager, Office of Mission Support,
Environmental Protection Agency, 1301 Constitution Ave. NW, Washington,
DC 20460, [email protected].
    Jackie Brown, Information System Security Officer, Office of
Mission Support, Environmental Protection Agency, 1301 Constitution
Ave. NW, Washington, DC 20460, [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Government Organization and Employees, 5 U.S.C. 301; Management of
buildings by Administrator of General Services, 40 U.S.C. 582; Lease
agreements, 40 U.S.C. 585; Public Buildings under the control of
Administrator of General Services, 40 U.S.C. 3101; Agency Chief
Information Officer, 40 U.S.C. 11315; Federal Information Security
Management Act of 2002, 44 U.S.C. 3501; 44 U.S.C. 3505, 44 U.S.C. 3506,
44 U.S.C. 3541; E-Government Act of 2002, 44 U.S.C. 101, Chapter 35;
Federal Information Processing Standards Publication (FIPS) 201-3,
Personal Identity Verification (PIV) of Federal Employees and
Contractors, and HSPD-12.

PURPOSE(S) OF THE SYSTEM:
    The Agency will use the ePACS system to collect and maintain
information required for and related to authorized physical access to
all EPA-managed facilities and restricted areas within these facilities
across the United States.
    Collection and maintenance of this information will help to:
    1. Ensure the safety and security of Federal facilities, systems,
and information, and of facility occupants and users.
    2. Provide for interoperability between systems and locations to
individuals entering EPA facilities.
    3. Ensure that all personnel (employees and contractors) entering

EPA buildings have proper credentials and to protect against
unauthorized access. The information will also provide an audit trail
for investigations, if needed.
    4. Allow logical access to Federal information systems, networks,
and resources on a government-wide basis.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    EPA employees, contractor employees, interns, and volunteers that
have valid credentials programmed for specific access points.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Full name, photographs, surveillance video recordings and camera
images, Full Cardholder Unique Identifier (CHUID), credential ID, PIV
card number, Public Key Infrastructure (PKI) certificate--(X509), Card
Authentication Key (CAK) certificate, person classification, badge
expiration date, card state, User Principal Name (UPN), Federal Agency
Smart Card Number (FASC-N), and Globally Unique Identifier (GUID).

RECORD SOURCE CATEGORIES:
    ePACS obtains information from employees, contractor employees,
interns, and volunteers using their EPA PIV credential. This
information is stored in a secure ePACS database and updated when the
PIV credential is used at an access point. In addition, ePACS collects
information from video cameras and video recording devices located at
and within EPA facilities in the United States.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    The routine uses below are both related to and compatible with the
original purpose for which the information was collected. The following
general routine uses apply to this system (86 FR 62527): A, B, C, D, E,
F, G, H, I, J, K, L, and M.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored on secure servers within the ePACS Master and
Satellite Application Databases and can be accessed only by authorized
users over EPA secure intranet using encryption software. These records
are maintained electronically on computer storage devices located at
the U.S. EPA National Computer Center, 109 T.W. Alexander Drive,
Research Triangle Park, NC 27711.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Authorized user login/password credentials and administrative
privileges are required to access the ePACS software application. ePACS
records can only be accessed when logged in to the ePACS application
that pulls these records from the ePACS database. Records may be
retrieved by first name, last name, full name, email address, FACSN, or
Object ID Number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with applicable
NARA retention schedules as well as EPA records schedules 089, 1008,
and 1012.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    PII is safeguarded and protected in conformance with all Federal
statutes and OMB requirements. Security controls used to protect
personal sensitive data in ePACS are commensurate with those required
for an information system rated MODERATE for confidentiality,
integrity, and availability, as prescribed in National Institute of
Standards and Technology (NIST) Special Publication, 800-53, ``Security
and Privacy Controls for Information Systems and Organizations,''
Revision 5.
    1. Administrative Safeguards: Only authorized users are allowed
access to ePACS. Each authorized user must complete a background
investigation with favorable results, must be assigned to the
appropriate security group, acknowledge agency rules of behavior, and
complete annual privacy and security training. In addition, personnel
are instructed to lock their computers when they leave their desks.
    2. Technical Safeguards: All ePACS user access is limited by role-
based restrictions. In addition, ePACS operators are required to enter
a valid username and password to gain access to the system. Individuals
granted access privileges are screened for proper credentials and added
to the appropriate Microsoft Windows security group based on their
Local Area Network account. EPA maintains an audit log trail for ePACS,
which accounts for all instances of users accessing the system. EPA
reviews audit logs periodically to identify any unauthorized access.
    3. Physical Safeguards: All ePACS records are stored on database
servers located in secure, access-controlled buildings. ePACS database
and application servers are in access-controlled rooms that require PIV
credentials for access. Only authorized users are allowed access to
administrative accounts for ePACS application and database servers.

RECORD ACCESS PROCEDURES:
    All requests for access to personal records should cite the Privacy
Act of 1974 and reference the type of request being made (i.e.,
access). Requests must include: (1) the name and signature of the
individual making the request; (2) the name of the Privacy Act system
of records to which the request relates; (3) a statement whether a
personal inspection of the records or a copy of them by mail is
desired; and (4) proof of identity. A full description of EPA's Privacy
Act procedures for requesting access to records is included in EPA's
Privacy Act regulations at 40 CFR part 16.

CONTESTING RECORD PROCEDURES:
    Requests for correction or amendment must include: (1) the name and
signature of the individual making the request; (2) the name of the
Privacy Act system of records to which the request relates; (3) a
description of the information sought to be corrected or amended and
the specific reasons for the correction or amendment; and (4) proof of
identity. A full description of EPA's Privacy Act procedures for the
correction or amendment of a record is included in EPA's Privacy Act
regulations at 40 CFR part 16.

NOTIFICATION PROCEDURES:
    Individuals who wish to be informed whether a Privacy Act system of
records maintained by EPA contains any record pertaining to them,
should make a written request to the EPA, Attn: Agency Privacy Officer,
MC 2831T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, or by email
at: [email protected]. A full description of EPA's Privacy Act procedures
is included in EPA's Privacy Act regulations at 40 CFR part 16.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2022-26903 Filed 12-9-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Rules and Regulations]
[Pages 19553-19564]
[FR Doc No: 2015-08418]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 574 and 579

[Docket No. NHTSA-2014-0084]
RIN 2127-AL54

Tire Identification and Recordkeeping

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

ACTION: Final rule.

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SUMMARY: The tire identification number (TIN), which must appear on
virtually all new and retreaded motor vehicle tires sold in the United
States, plays an important role in identifying which tires are subject
to recall and remedy campaigns for safety defects and noncompliances.
This final rule makes two amendments to the TIN. First, because NHTSA
has run out of two-symbol codes to identify new tire plants, NHTSA is
expanding the first portion of the TIN, previously known as

the manufacturer identifier, but more commonly referred to as a ``plant
code,'' from two symbols to three for manufacturers of new tires. This
amendment substantially increases the number of unique combinations of
characters that can be used to identify individual manufacturers of new
tires. Second, NHTSA is standardizing the length of the tire
identification number to eliminate confusion that could arise from the
variable length of tire identification numbers. This final rule
standardizes the length of the TIN at 13 symbols for new tires and 7
symbols for retreaded tires, making it easier to identify a TIN from
which a symbol is missing.

DATES: This final rule is effective on April 13, 2015.
    Petitions for reconsideration: Petitions for reconsideration of
this final rule must be received by May 28, 2015.

ADDRESSES: Petitions for reconsideration of this final rule must refer
to the docket number set forth above and be submitted to the
Administrator, National Highway Traffic Safety Administration, 1200 New
Jersey Ave. SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact
Chris Wiacek, Office of Crash Avoidance Standards, by telephone at
(202) 366-4801. For legal issues, you may contact David Jasinski,
Office of the Chief Counsel, by telephone at<PHONE_NUMBER>, and by fax
at<PHONE_NUMBER>. You may send mail to both of these officials at the
National Highway Traffic Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background

    In January 1971, the agency established a requirement in 49 CFR
part 574 for a tire identification number (TIN) that must be labeled on
one sidewall of each tire that is newly manufactured or retreaded.\1\
The purpose of the TIN is to facilitate notification of purchasers of
defective or noncompliant tires. Furthermore, the information contained
in the TIN may be used by consumers to obtain information about the
tire such as the actual manufacturer of the tire (in the case of a tire
sold under a different brand) and the date of manufacture. Part 574
also provides for the registration of tires, including the collection
of the TIN and the contact information of purchasers of tires, to
enable manufacturers to notify tire owners of recalls.
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    \1\ 36 FR 1196 (Jan. 26, 1971).
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    From its adoption in 1971, the TIN has consisted of up to four
groups of symbols. The first group of symbols identifies the
manufacturer of the tire. Each individual tire plant has its own
identifier; thus, one tire manufacturer may have multiple codes.
Although part 574 has referred to this grouping as the manufacturer's
identification mark, it may also be known informally as a ``plant
code.'' For new tires, this code consists of two symbols, and for
retreaded tires, the code consists of three symbols. This plant code is
assigned to new manufacturers and retreaders when they contact NHTSA
and provide contact information and information about what types of
tires they are producing.
    The second and third groupings provide information about the tire
itself. The second grouping is up to two characters and identifies the
tire size. Although the original TIN requirement had a list of tire
sizes and two-symbol codes, the agency has since left it to
manufacturers to determine their own codes and provide decoding
information to NHTSA upon request. This change allowed manufacturers to
create new tire sizes without NHTSA first having to modify its
regulations to provide a tire size code.
    The third grouping may be used at the manufacturer's option to
provide any other significant characteristics of the tire. Except for
cases in which a tire is manufactured for a brand name owner, the third
grouping is not required. As with the second grouping, a manufacturer
must maintain information regarding the code used and provide it to
NHTSA upon request.
    The fourth and final grouping is the date code, which identifies
the week and year during which the tire was manufactured. Although this
code was originally three symbols, it has been expanded to four
symbols. The first two symbols have always represented the week of
manufacture. For example, ``01'' signifies that the tire was
manufactured during the first full week of the year, ``02'' signifies
that the tire was manufactured during the second full week of the year,
and so on. The third and fourth symbols (originally only one symbol)
must be the last two digits of the year of manufacture.
    The TIN is required to be marked on at least one sidewall of each
tire that is manufactured or retreaded. Manufacturers must use one of
30 alphanumeric symbols in the TIN. Certain letters such as G, I, O, Q,
S, and Z are not allowed to be used because of the potential difficulty
differentiating one symbol from another (for example, the number 5 and
the letter S).
    Generally, the TIN must be molded into or onto one sidewall of the
tire. However, Federal Motor Vehicle Safety Standard (FMVSS) No. 139,
which applies to radial tires for vehicles under 10,000 pounds GVWR,
has an additional requirement that the other sidewall be labeled with
either a full or partial TIN. A partial TIN excludes the date code and
may also exclude any optional code, such as the third grouping of the
TIN.

II. July 2014 Notice of Proposed Rulemaking

    On July 24, 2014, NHTSA published in the Federal Register a notice
of proposed rulemaking (NPRM) proposing two amendments to the TIN.
First, because NHTSA was running out of two-symbol codes to identify
new tire plants, NHTSA proposed to expand the plant code, from two
symbols to three for manufacturers of new tires. Second, NHTSA proposed
to standardize the length of the TIN 13 symbols for new tires and 7
symbols for retreaded tires.
    We received 13 comments in response to the July 2014 NPRM.
Oyatullohi Maddud, Tire Rack, the National Transportation Safety Board
(NTSB), Specialty Tires of America (Specialty), Gillespie Automotive
Safety Services (GASS), Kojin Kitao, the Japan Automobile Tyre
Manufacturers Association (JATMA), Safety Research and Strategies
(SRS), the Rubber Manufacturers Association (RMA), Zhongce Rubber Group
Co. (Zhongce), the Government of Thailand (Thailand), the Tire and
Rubber Association of Canada, and the Ministry of Trade, Industry, and
Energy of the Republic of Korea (Korea). The comments are addressed in
the following sections.
    RMA also requested an extension of the comment period in order to
gather additional information regarding the cost of converting existing
molds to three-symbol plant codes and 13-symbol TINs. We agree with
RMA's general assertion that additional time would be necessary in
order for them to obtain this information. However, the agency is faced
with the exhaustion of two-symbol plant codes and must begin issuing
three-symbol plant codes immediately in order to allow new plants to
open. In order to issue three-symbol plant codes immediately, RMA's
petition to extend the comment period is denied. However, we believe
that our approach in this final rule, in response to RMA's and others'
comments, mitigates the need for extra time to respond to the NPRM.

III. Three-Symbol Plant Code

    NHTSA, through its Office of Vehicle Safety Compliance, issues new
tire and retreaded tire plant codes to manufacturers when they apply
for them. For new tire manufacturers, who have a two-symbol code, the
entire supply of 900 plant codes has been depleted.
    In order to assign new plant codes, the agency has found it
necessary to reissue previously issued, but currently unused plant
codes. This shortage has arisen because of the increase over time in
the number of tire manufacturers. This increase is projected to
continue. However, a recent increase in the number of new plant code
applications has completely depleted the supply of previously issued,
but currently unused, plant codes. Without taking further action, the
agency would be forced to refuse to assign new plant codes, which would
make it impossible for new manufacturers to enter the tire market, or
to assign identical plant codes to multiple manufacturers, which has
the potential for substantial confusion and could impair tire recalls.
    To enable the agency to issue new plant codes, the agency proposed
to change the two-symbol plant code to a three-symbol plant code. We
believe that this is the best long-term solution to the lack of supply
of new manufacturer plant codes.
    Oyatullohi Maddud, Tire Rack, GASS, RMA, Zhongce and Thailand
agreed that NHTSA should begin issuing three-symbol plant codes to new
tire manufacturers immediately upon running out of two-symbol codes.
    NHTSA has run out of two-symbol plant codes. Therefore, it is
necessary to issue this final rule to allow the issuance of three-
symbol plant codes to new tire manufacturers. We are adopting the
three-symbol plant code as proposed. For existing manufacturers with
two-symbol plant codes, the agency will issue new three-symbol plant
codes in place of each two-symbol plant code. For nearly all
manufacturers, the agency will assign a ``1'' symbol in front of each
existing two-symbol plant code.\2\ For example, a manufacturer using
two-symbol code ``AB'' will likely be assigned the three-symbol code
``1AB''.
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    \2\ NHTSA will directly contact any manufacturer whose three-
symbol plant code is something other than a ``1'' in front of its
existing two-symbol code.
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IV. Standardizing TIN Length

    The length of a TIN is not currently standardized. The second and
third groupings of the TIN are required to contain no more than two and
four symbols, respectively. Thus, the total length of these two
groupings may be between zero and six symbols, depending on whether the
tire is new or retreaded, and also on decisions by the manufacturer
regarding the inclusion of optional codes. The third grouping is
optional for all but non-pneumatic tire manufacturers, non-pneumatic
tire assembly manufacturers, and tires manufactured for a brand name
owner. Based on all of the variations in TIN length allowed, a full TIN
for new tires may be anywhere between 6 and 12 symbols (which would go
up to 13 after NHTSA adopts a three-symbol plant code).
    The nonstandard length of the TIN becomes more complicated by the
TIN marking requirements in FMVSS No. 139. As mentioned above, FMVSS
No. 139 requires a full TIN to be marked on one side of the tire and
either a full TIN or a partial TIN on the other side of the tire. A
partial TIN excludes the four-symbol date code and any optional code.
Thus, a partial TIN may be as long as eight symbols (if a two-symbol
size code is used and a four-symbol third grouping is used).
    Because both a full TIN and partial TIN could potentially be eight
symbols in length, it may not always be clear whether an eight-symbol
TIN obtained from one side of a tire meeting the requirements of FMVSS
No. 139 is a full TIN or a partial TIN. The last four symbols in a full
TIN representing the week and year of manufacture are always numeric.
Nevertheless, we do not expect that everyone who records TINs for
purposes such as crash reports or consumer complaints is likely to know
the requirements for the various groupings of the TIN.
    The July 2014 NPRM proposed to standardize the length of a TIN for
all tire manufacturers using the three-symbol plant code at 7 symbols
for retreaded tires and 13 symbols for new tires. We believed that this
would prevent any confusion regarding whether a TIN is a complete TIN
or a partial TIN. The proposal allowed manufacturers that have
previously been assigned a two-symbol plant code to continue to use the
existing TIN grouping requirements until they begin using a three-
symbol plant code. We expected that manufacturers to begin using both
the three-symbol plant code and the 13-symbol TIN at the same time.
    We received comments from JATMA, RMA, Thailand, and the Tire and
Rubber Association of Canada regarding the length of the TIN. Tire Rack
supported adopting a standardized-length TIN. The other commenters
cited the development of a global technical regulation (GTR) on light
vehicle tires. The length of the TIN in the adopted GTR is specified as
15 symbols, including an 8-symbol manufacturer code. The commenters
were concerned that the 8-symbol manufacturer code in the GTR is
different than the 6-symbol code specified in the NPRM. Zhongce
questioned the need for the standardized six-symbol manufacturer's
code. Zhongce stated that they currently use five symbols for the
optional code and questioned the need to add an additional character in
existing molds.
    After the comment period closed, GTR No. 15 related to passenger
car tires was adopted. A TIN is included in GTR No. 15. The TIN format
in the GTR is nearly identical to the July 2014 NPRM, with one notable
exception. Both the GTR and the NPRM include a three-symbol plant code
and a four-symbol date code. However, the GTR has an eight-symbol
manufacturer code, whereas the NPRM included a six-symbol manufacturer
code. Thus, the total TIN length in the GTR is 15 symbols, instead of
the 13 symbols in the NPRM.
    We are not making any changes to the proposal related to these
comments. Although the GTR was not mentioned in the NPRM, we were aware
of the discrepancy between the then-draft GTR and the NPRM at the time
of the NPRM, but chose to propose a shorter manufacturer code to
minimize the cost transitioning to the new TIN format. Although an 8-
symbol manufacturer code is included in the adopted GTR, we believe
that a 6-symbol manufacturer code will reduce the costs of
standardizing the length of the TIN. No tires currently sold have a TIN
longer than 12 symbols. If we were to adopt a 15 symbol TIN,
manufacturers would need to allocate space on the tire for at least
three extra symbols (and possibly more). Based on the comments received
from tire manufacturers regarding the expense of adding of at least one
symbol to the TIN, we believe that the costs of adding at least three
symbols to the TIN would be much higher. Therefore, we are not
modifying the TIN length to expand the manufacturer code to eight
symbols.\3\
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    \3\ RMA notes the inconsistency between the GTR and the NPRM and
suggests that NHTSA propose to amend the GTR to be consistent with
our final rule. This suggestion is beyond the scope of this
rulemaking; however, we plan to request that the GTR be amended to
harmonize with this final rule.
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    Moreover, we cannot agree with Zhongce's suggestion to allow the
use of shorter manufacturer codes, thereby making the length of the TIN
nonstandard. Making all TINs using a three-symbol plant code 13 symbols

long is necessary to ensure the identification of the manufacturer with
the TIN. Existing TINs are up to 12 symbols long, but use two-symbol
plant codes. If we allow manufacturers with three-symbol plant codes to
use TINs that are 12 symbols or shorter, we will have no way of knowing
whether the TIN uses a two-symbol or three-symbol plant code. Without
knowing that, the manufacturer of the tire cannot be ascertained from
the TIN. Thus, it is necessary for NHTSA to specify a 13-symbol TIN to
accompany the three-symbol plant code.

V. Lead Time

    In the July 2014 NPRM, we recognized that, for existing
manufacturers currently using two-symbol plant codes, immediately
requiring the use of a three-symbol plant code and standardized TIN
length would impose additional costs with little benefit. The NPRM
therefore proposed to make the use of the three-symbol plant code and
standardized TIN length optional for existing manufacturers with two-
symbol plant codes, beginning immediately upon issuance of a final rule
implementing the proposal. NHTSA proposed that mandatory compliance
with the use of the three-symbol plant code and 13-symbol TIN would be
required beginning not sooner than five years after publication of a
final rule implementing the proposal. NHTSA believed that five years
would be sufficient lead time before manufacturers would be required to
use a three-symbol plant code and 13-symbol TIN.
    Several commenters objected to requiring existing manufacturers to
use a three-symbol plant code on the basis of cost and inconvenience.
JATMA and Korea asserted that existing plants should not be required to
adopt three-symbol plant codes because of their concern about the cost
and time needed to upgrade existing molds and because they did not
believe that there was sufficient space between the certification
symbol and a ``1'' that was inserted before the plant code in an
existing mold. Thailand asserted that products produced using a two-
symbol plant code should be allowed to continue to be produced using a
two-symbol code because increasing the number of symbols would affect
cost without improvement in quality. Specialty requested that limited
production tires be excluded from any requirement to use a three-symbol
plant code because of the cost of modifying those molds.
    RMA requested that NHTSA provide additional lead time and further
requested that the comment period by extended for RMA to provide
additional information on how much lead time they believed would be
necessary to minimize costs to the industry. RMA stated that requiring
existing plants to convert to 13-symbol TINs imposed substantial
burdens on manufacturers not using all of the currently optional
portions of the TIN. RMA also stated that the agency was incorrect to
assume that the average life of a mold is five years.
    RMA suggested that, because NHTSA would soon exhaust the supply of
two-symbol codes, NHTSA should go forward with the three-symbol
manufacturer identifier and the standardized-length TIN, but consider a
longer implementation period. In its comments, RMA and the Tire and
Rubber Association of Canada suggested that a 10-year lead time is more
appropriate. JATMA and Korea also asserted that a longer lead time was
appropriate.
    Because of the immediate need for three-symbol plant codes, NHTSA
must go forward with a rule allowing the use of three-symbol plant
codes. Moreover, to ensure that plant codes for new tires are
recognizable, we are moving forward with a requirement that
manufacturers who use a three-symbol plant codes use the 13-symbol TIN.
NHTSA continues to believe that eventual standardization of TIN length
is valuable for ensuring quick identification of the tire manufacturer,
for the reasons discussed above. However, in light of the comments
received, we are extending the lead time from five years to 10 years
for existing plants to adopt the three-symbol plant code and
standardized 13-symbol TIN.
    NHTSA's proposed five-year lead time was based upon the assumption
that the average life of a tire mold is five years. Past rulemakings
related to tire labeling have offered five years of lead time or
less.\4\ Moreover, our assumption was partially based upon RMA's
comments on the adoption of FMVSS No. 139 and an NPRM proposing
upgrades to truck tire requirements.\5\ However, the issues identified
by the commenters suggest that the assumptions underlying NHTSA's
assertion that manufacturers could replace or modify existing molds to
use 13-symbol TINs with minimal costs may be outdated or incorrect.
---------------------------------------------------------------------------

    \4\ See 64 FR 36807 (Jul. 8, 1999) (four digit date code); 63 FR
28912 (May 27, 1998) (metric labeling on truck tires).
    \5\ See 67 FR 69600, 69608 (Nov. 18, 2002) (RMA comment that
mold life expectancy is up to five years); Docket No. NHTSA-2010-
0132-0018, at 4 (comments of RMA on truck tire NPRM stating that the
average mold life for radial truck and bus tires is five years).
---------------------------------------------------------------------------

    Therefore, NHTSA has extended the lead time from the five years
proposed in the NPRM to 10 years, as suggested by the commenters. We
believe that this change, as well as others discussed below, will
minimize the impact of this final rule on existing plants.
    To estimate the total cost of a 10-year lead time, we have used
RMA's estimate that 20,504 molds would need to be modified at an
average cost per mold of $957 (valued in 2014 dollars).\6\ We believe
that RMA members represent approximately 62 percent of new tire
production for the U.S. market and non-RMA members represent
approximately 38 percent of new tire production for the U.S. market.\7\
We have assumed that the 20,504 molds that RMA members are required to
modify represent 62 percent of the total molds that will need to be
modified as a result of this rule, and that non-RMA members will need
to modify 12,612 molds in order to comply with this final rule. Thus,
we believe that 33,116 molds will need to be modified at a total cost
of approximately $31.7 million.
---------------------------------------------------------------------------

    \6\ We believe that $957 per mold represents a high estimate of
the cost of modifying a mold. Some molds may be modified simply by
inserting new screw-in plates or a similarly uncomplicated process
at substantially less than $957 per mold. However, in order to
provide a conservative cost estimate, we will assume the cost per
mold estimated by RMA.
    \7\ See Factbook 2014--Summary ed., Rubber Manufacturers
Association.
---------------------------------------------------------------------------

    Although only some molds will need to be modified to comply with
this final rule, we expect that the costs of this rule will be spread
out over all tires sold, not just tires manufactured in the molds that
must be modified. Based on the data provided by RMA in its comments
regarding the rates at which molds will be retired over a 5-10 year
period, we have used a linear regression to estimate that nearly all
molds currently in use today will be retired within 13 years. Given an
annual average tire production of approximately 300 million, we believe
that approximately 3.6 billion new tires will be produced for the U.S.
market during this 13-year period. We expect that the $31.7 million
cost of modifying molds could be spread out over all tires produced in
this 13-year period.\8\ Thus, the average cost increase

of a tire as a result of this rule over the next 13 years is expected
to be less than one cent ($0.009).\9\
---------------------------------------------------------------------------

    \8\ We believe the costs can be spread out over such a long
period, in part, because there is no gradual phase-in for existing
plants. That is, all molds that need to be modified will not need to
be modified until 2025. The only molds we expect to be modified
during the first half of the 10-year lead time would be molds that
are moved from one plant to another. Those molds would already
require some modification under the current requirements and we
would reasonably expect that the additional modifications to those
molds as a result of this rule could be done at a relatively low
cost.
    \9\ We have not considered retreaders in this analysis because
we believe that the process by which retreaders label the TIN on a
tire does not require modification of molds. We expect the cost of
any modifications that retreaders may be required to make as a
result of this final rule to be negligible.
---------------------------------------------------------------------------

VI. Changes to Figures 1 and 2

    The July 2014 NPRM proposed minor changes to Figures 1 and 2 of 49
CFR 574.5. For example, the new proposed Figures 1 and 2 included a
requirement for a 50 mm blank space following the date code. We
received comments from JATMA, RMA, Zhongce, Thailand, the Tire and
Rubber Association of Canada, and Korea objecting to this requirement.
RMA and the Tire and Rubber Association of Canada also stated that some
Canadian tire manufacturers use the 50 mm space following the TIN to
display Canada's National Safety Mark, and argued that this proposed
requirement represented a barrier to trade that was not justified by
safety. RMA noted that this change was not discussed in the preamble to
the NPRM. Zhongce and Thailand also argued that the 50 mm blank space
requirement may unnecessarily cause difficulties in tire design. Korea
suggested that a 20 mm space requirement may be more appropriate.
    In light of the potential inconsistency between the proposed
specification in Note 3 of Figure 1 that that there be a blank space of
at least 50 mm (2 inches) after the date code and Canadian tire marking
requirements, we have not included this specification in this final
rule. Although we were concerned about the potential for confusing the
date code with other information, we did not discuss this matter in the
preamble of the NPRM and did not intend to propose it. Moreover, we
have no data to suggest that any benefit to the public as a result of
this change would be justified by the creation of a potential
inconsistency with the Canadian tire labeling requirements.
    Separately, RMA suggested that NHTSA remove the 6 mm space
requirement between the DOT symbol and the beginning of the TIN. RMA
also requested that NHTSA reduce the minimum height requirement for the
TIN to 4 mm for all tires rather than only for tires with smaller
sidewall areas. RMA stated that these changes would give manufacturers
additional flexibility to modify existing molds to include a three-
symbol plant code.
    We are not adopting these suggestions in this final rule. We
believe that the specified minimum space after the DOT symbol ensures
that the TIN is distinguished from the certification symbol. Moreover,
we believe that the 6 mm letter height (which is currently the
requirement for all tires, including those with shorter sidewalls)
ensures readability and that the exception for smaller letter height
should only apply to tires with shorter sidewalls.
    In contrast, Tire Rack suggested that the 6 mm minimum letter
height size be maintained throughout the TIN, particularly the date
code. Our response is that, for the tires for which the 6 mm minimum
letter height requirement applies, that requirement applies to both the
TIN and the certification symbol.
    Tire Rack also suggested that condensed fonts can be difficult to
distinguish and included attachments with specific examples. Tire Rack
suggested that NHTSA specify the use of bold fonts and prohibit
condensed and lightweight fonts. However, having examined the
photographs submitted by Tire Rack, we believe that the letters used in
condensed fonts can be distinguished and that specifying/prohibiting
bold, condensed, or lightweight fonts is not necessary at this time.
    Additionally, on the topic of fonts, we inadvertently proposed to
modify Note 1 of Figures 1 and 2 regarding requests for the use of
other fonts that are submitted to NHTSA. The proposal would have
modified the language to specify that requests are submitted to the
``Administrator'' rather than the ``Administration.'' Historically,
NHTSA has considered the use of other fonts to be a matter of legal
interpretation decided by the Chief Counsel. It was not our intent in
the NPRM to reserve this authority to the Administrator. In this final
rule, we are specifying that a petition to use an alternate font is
submitted to NHTSA.
    RMA requested that NHTSA should continue to permit the use of print
types that have previously been approved. Nothing in this rulemaking
affects previously approved print types, although we have not attempted
to list those types in this regulation.
    Zhongce suggested that NHTSA remove the specification for font
type, or alternatively standardize the height-width ratio of the font.
Zhongce argued that the specified fonts are not pleasant looking and
manufacturers will want to use other fonts. We have not made any change
in response to these comments. The specified fonts (and others approved
by NHTSA) were chosen or approved for the ease of distinguishing
characters, and the specification of font type has not, to our
knowledge, had any effect on tire customers' purchasing decisions.
Moreover, although the regulation does not specify the height-width
ratio, we believe that the specification of fonts inherently specifies
a height-width ratio for the characters. That is, if a manufacturer
varies the height-width ratio for a particular font, it may not be
using the specified font.
    Regarding the allowable fonts, we have discovered that the list of
allowable fonts in Figures 1 and 2 has been inadvertently modified to
specify that ``Future Bold, Modified Condensed'' or ``Gothic'' are the
only two allowable fonts. However, the original font specification
allowed four fonts: Futura Bold, Futura Modified, Futura Condensed, and
Gothic. We have changed the location of the quotation marks and added
commas to make clear in Figures 1 and 2 that there are four allowable
fonts, not two.
    Kojin Kitao requested three clarifications regarding Figures 1 and
2: (1) Whether the DOT symbol and the TIN, or the TIN alone, must be in
the specified fonts; (2) whether the entire TIN can be laser etched on
a tire as in the proposed Figures 1 and 2, or whether only the date
code may be laser etched as specified in Sec.  574.5(d)(1); and (3)
clarification on the location of the certification symbol and TIN on
certain tires where it appeared that proposed Figure 1 had duplicate
language. First, although the proposal stated that both the
certification symbol and the TIN must be in the specified fonts, the
version of Figures 1 and 2 in this final rule applies the font
requirement solely to the TIN. We did not discuss this change in the
preamble and did not intend the font requirement to apply to the
certification symbol. Second, we intended to allow only the date code
to be laser etched on a tire as specified in Sec.  574.5(d)(1). We have
eliminated contrary language from Figures 1 and 2 suggesting that other
information may be laser etched. Third, we recognize that the proposed
language in Figures 1 and 2 regarding the location on the tire for the
certification symbol and DOT code contains duplicate language, and we
have corrected this duplication. These changes are reflected in this
final rule.
    Tire Rack included two additional suggestions in its comments.
First, it requested that NHTSA standardize the location of the
certification symbol by allowing it only to the left of the TIN. Tire
Rack requested that NHTSA eliminate Option 2 as depicted in

Figures 1 and 2, which allows the certification symbol to be located
above or below the TIN. Tire Rack observed that it had not seen any
tires using Option 2 and believes that its use in the future could only
cause confusion. Second, Tire Rack suggested that the branding of TINs
on tires should be limited to smooth locations on the sidewall and be
prohibited from being branded over multiple background surfaces.
    We have not adopted these suggested changes. It was not our intent
in this rulemaking to make substantive changes to the labeling of the
TIN on the tire, other than to accommodate a longer plant code and TIN,
and we consider these comments to be outside of the scope of this
rulemaking. Moreover, we are concerned that these changes would
eliminate flexibility for manufacturers without necessarily improving
the ability of the TIN to be quickly understood in order to facilitate
safety recalls.
    Zhongce and GASS also identified errors in the pictures depicted in
Figures 1 and 2. Specifically, some of the dimension lines did not line
up with the dimensioning arrows. These errors have been corrected in
this final rule.
    We received suggestions from GASS and Tire Rack to specify required
spacing between the three groupings of symbols of the TIN. We have not
adopted this suggestion, because we are concerned that it will
eliminate a cost-effective option for converting existing tire molds to
a 13-symbol TIN. RMA has suggested that the modification of existing
molds that are transferred to new plants will not simply involve the
insertion of a ``1'' in front of the TIN. A mandatory minimum space
between the groupings could prevent manufacturers from placing symbols
between the existing groupings in order to use 13-symbol TINs on
existing molds. We do not seek to impose costs unnecessarily; if this
is a cheaper approach to achieve a clearly legible 13-symbol TIN, we
would want manufacturers to be able to take advantage of it.

VII. Other Suggested Changes and Technical Amendments

    NTSB and SRS \10\ commented that the agency should alter the TIN to
change the format of the date code. SRS requested that NHTSA use a non-
coded date of manufacture. Currently, the last four numbers represent
the week and year of manufacture of a tire. The commenters did not
specify, however, how NHTSA should require the date of manufacture to
be presented on the tire.
---------------------------------------------------------------------------

    \10\ SRS also raised other matters in its comments. However,
none of those matters are related to this rulemaking.
---------------------------------------------------------------------------

    Given that we did not propose any changes to the date code portion
of the TIN, nor did we discuss or request comment on any potential
changes to the date code, such a change may be beyond the scope of this
rulemaking. Even if it were in scope, however, we do not believe a
change to the date code is necessary for consumers to determine when
their tires were manufactured. NHTSA's tire consumer Web site, http://www.safercar.gov/tires/index.html, explains in several places how to
find and interpret the date code. Furthermore, a person should easily
be able to determine the location of the date of manufacture on a tire
is located either by querying an internet search engine or by asking a
tire dealer.
    NTSB and Tire Rack suggested that the use of partial TINs on some
tires has not allowed consumers to have necessary information about
their tires and requested that full TINs be required on both sides of a
tire. This suggestion is beyond the scope of this rulemaking. We did
not discuss or propose any changes to the placement of the TIN on one
or both sidewalls.
    NTSB also suggests that NHTSA enhance the usability of TIN coding
by requiring that any coding used by manufacturers be reported to NHTSA
and be made public. NTSB particularly notes that the manufacturer,
brand name, model, size, and date of manufacture be made available. We
are not making the suggested changes. The information referenced by
NTSB is already required to be marked on the sidewall of any tire
certified to FMVSS requirements. We do not believe that safety would be
improved by requiring this information to be additionally included in
the TIN itself.
    GASS stated that in the first sentence of proposed Sec.
574.5(a)(3) specifying marking requirements for non-pneumatic tires,
the agency should specify that, instead of saying the TIN has to be
placed ``onto one side of'' the tire, the agency should specify that it
be placed ``onto at least one side of'' the tire. GASS reasoned that
this change would be consistent with requirements for other types of
tires. We agree, and we have made this suggested change.
    GASS raised other technical issues that we have not adopted. First,
GASS suggested that proposed Sec.  574.5(b)(1) and (b)(3) be modified
to make explicit references to Figures 1 and 2, as we have done in
Sec.  574.5(b)(2). We do not believe this change is necessary. Second,
GASS suggested that the list of authorized symbols in Sec.  574.5(f)
has the letter ``I'' instead of the number ``1''. This is not correct.
The number ``1'' was used in the NPRM. Third, GASS suggested that the
list be modified to make explicit notations of the symbols that are
letters and those that are numerals. We do not believe this change is
necessary because the context in which the information is presented
(alphabetical and numerical order) makes clear which symbols are
letters and which are numbers.
    RMA stated that in proposed Sec.  574.5(a)(4) regarding the
labeling of tires manufactured for mileage-contract purchasers, NHTSA
incorrectly converted 0.25 inches into 13 millimeters rather than 6
millimeters. We agree that this conversion was incorrect. We have
included the correct metric conversion in this final rule.
    Finally, we sought comment on whether it is necessary to make any
technical amendment to any of the tire labeling regulations in light of
the proposed changes. RMA suggested several other technical amendments
that were necessary. First, RMA suggested that NHTSA amend S5.5.1(b) of
FMVSS No. 139, which includes language that allows optional codes to be
excluded from partial TINs allowed on one sidewall of a tire. However,
this final rule does not completely eliminate optional codes. Existing
plants with two-symbol plant codes will be allowed to continue to use
the old TIN format. Thus, it would be premature to remove the reference
to optional codes in FMVSS No. 139.
    Second, RMA stated that the Early Warning Reporting (EWR)
regulations in 49 CFR 579.26 contain three references that should be
corrected. First, the general provisions specify that manufacturers
located in the United States may report ``the two-character DOT
alphanumeric code'' identifying the production plant. In addition,
paragraphs (a) and (d) contain references to ``tire type codes'' which,
under the new TIN format, would be the manufacturer's code. We agree
that 49 CFR 579.26 requires technical corrections for consistency with
the changes to part 574, and have included RMA's suggested technical
corrections in this final rule.\11\
---------------------------------------------------------------------------

    \11\ RMA also provided a list of non-regulatory changes that RMA
believes are necessary to accommodate this final rule. RMA included
suggested changes to the instructions for EWR reporting, the
templates for EWR reporting, and potential changes to the Artemis
database system. We will consider whether the changes to the EWR
reporting instructions and templates are necessary. We believe that
the Artemis database system is presently capable of accommodating
three-symbol plant codes.

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

VIII. Rulemaking Analyses and Notices

A. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures

    NHTSA has considered the impact of this rulemaking action under
Executive Order 12866, Executive Order 13563, and the Department of
Transportation's regulatory policies and procedures. This rulemaking is
not considered significant and was not reviewed by the Office of
Management and Budget under E.O. 12866, ``Regulatory Planning and
Review.'' The rulemaking action has also been determined not to be
significant under the Department's regulatory policies and procedures.
The agency has further determined that the impact of this proposal is
so minimal as to not warrant the preparation of a full regulatory
evaluation.
    This final rule will impose costs upon some existing tire
manufacturers. New tire manufacturers would be issued three-symbol
plant codes immediately and would be required to use the standardized
13-symbol TIN. For these new manufacturers or existing manufacturers
opening new plants, this final rule will impose at most negligible
costs. Manufacturers constructing new molds for a new plant should be
able to comply with the new TIN requirements at no additional cost. For
existing plants, new tire manufacturers will be required to modify any
molds still in service in 10 years to accommodate a three-symbol plant
code and a 13-symbol TIN. As discussed in more detail in section V,
above, we expect that, for existing plants, this final rule will result
in a one-time cost of approximately $31.7 million to modify molds to
accommodate a three-symbol plant code and a 13-symbol TIN. We estimate
that this cost could be spread out over all tires produced over a 13-
year period, resulting in an increase in cost per tire of less than one
cent.
    We do not believe that the safety benefits of this final rule can
be expressly quantified, but we anticipate that these amendments would
benefit the public in two ways. First, without expanding the plant code
to three characters, the agency would need either to stop issuing new
plant codes or to issue identical codes to multiple manufacturers.
Either of these approaches could lead to confusion in the
identification of the manufacturer of a tire, particularly those tires
that are manufactured for another brand name owner. Second, the
standardization of the TIN length eliminates the potential for
confusion regarding whether a TIN is a full TIN or a partial TIN, which
may assist consumers with identifying whether their tires may be
subject to recall and may prevent crash investigators from recording
partial TINs rather than full TINs on their reports.

B. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' (13 CFR 121.105(a)). No
regulatory flexibility analysis is required if the head of an agency
certifies the rule would not have a significant economic impact on a
substantial number of small entities. SBREFA amended the Regulatory
Flexibility Act to require Federal agencies to provide a statement of
the factual basis for certifying that a rule would not have a
significant economic impact on a substantial number of small entities.
    NHTSA has considered the effects of this final rule under the
Regulatory Flexibility Act. I certify that this final rule will not
have a significant economic impact on a substantial number of small
entities. This final rule would directly impact manufacturers and
retreaders of tires for use on all motor vehicles. Although we believe
many manufacturers affected by this final rule are considered small
businesses, we do not believe this final rule will have a significant
economic impact on those manufacturers. We expect that many changes
that need to be made by manufacturers as a result of this final rule be
done during the normal mold replacement cycle at no additional cost to
manufacturers. The new tire manufacturers that would bear the costs of
this rule as discussed in section V, above, are not small businesses.
Although some retreaders are likely small businesses, we believe that
they can make the modifications required by this final rule without
incurring significant costs. The process by which retreaders label
tires with TINs is different than for new tire manufacturers.
Retreaders do not label TINs on tires using tire molds; rather, they
use smaller, less expensive means for labeling tires. We do not believe
that this final rule would cause retreaders to modify molds, and we
believe that any modifications to TIN labeling methods necessary to
comply with this rule could be made at minimal cost.

C. Executive Order 13132 (Federalism)

    NHTSA has examined today's final rule pursuant to Executive Order
13132 (64 FR 43255, August 10, 1999) and concluded that no additional
consultation with States, local governments or their representatives is
mandated beyond the rulemaking process. The agency has concluded that
the rulemaking would not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The final rule would not have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.'' The
agency expects that general principles of preemption law would operate
so as to displace any conflicting State law or regulations.

D. Executive Order 12988 (Civil Justice Reform)

    With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729; Feb. 7, 1996), requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) specifies
whether administrative proceedings are to be required before parties
file suit in court; (6) adequately defines key terms; and (7) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General. This document is
consistent with that requirement.
    Pursuant to this Order, NHTSA notes as follows. The issue of
preemption is discussed above. NHTSA notes further that there is no
requirement that individuals submit a petition for reconsideration or
pursue other administrative proceedings before they may file suit in
court.

E. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA), a person is not
required to respond to a collection of information by a Federal agency
unless the collection displays a valid OMB control number. There is no
information collection requirement associated with this final rule.

F. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary
consensus standards in its regulatory activities unless doing so would
be inconsistent with applicable law (e.g., the statutory provisions
regarding NHTSA's vehicle safety authority) or otherwise impractical.
Voluntary consensus standards are technical standards developed or
adopted by voluntary consensus standards bodies. Technical standards
are defined by the NTTAA as ``performance-based or design-specific
technical specification and related management systems practices.''
They pertain to ``products and processes, such as size, strength, or
technical performance of a product, process or material.''
    Examples of organizations generally regarded as voluntary consensus
standards bodies include ASTM International, the Society of Automotive
Engineers (SAE), and the American National Standards Institute (ANSI).
If NHTSA does not use available and potentially applicable voluntary
consensus standards, we are required by the Act to provide Congress,
through OMB, an explanation of the reasons for not using such
standards.
    There are no voluntary consensus standards developed by voluntary
consensus standards bodies pertaining to this final rule.

G. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires federal agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted for inflation with base year of
1995). Before promulgating a NHTSA rule for which a written statement
is needed, section 205 of the UMRA generally requires the agency to
identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
section 205 do not apply when they are inconsistent with applicable
law. Moreover, section 205 allows the agency to adopt an alternative
other than the least costly, most cost-effective, or least burdensome
alternative if the agency publishes with the final rule an explanation
of why that alternative was not adopted.
    This final rule will not result in any expenditure by State, local,
or tribal governments or the private sector of more than $100 million,
adjusted for inflation.

H. National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. The agency has determined that
implementation of this action would not have any significant impact on
the quality of the human environment.

I. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.

J. Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).

List of Subjects

49 CFR Part 574

    Imports, Motor vehicle safety, Reporting and recordkeeping
requirements, Tires.

49 CFR Part 579

    Motor vehicle safety, Reporting and recordkeeping requirements,
Tires.

    In consideration of the foregoing, NHTSA amends 49 CFR parts 574
and 579 as follows:

PART 574--TIRE IDENTIFICATION AND RECORDKEEPING

0
1. Revise the authority citation for part 574 to read as follows:

    Authority:  49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.95.

0
2. Revise Sec. Sec.  574.5 and 574.6 to read as follows:

Sec.  574.5  Tire identification requirements.

    (a) Tire identification number (TIN) labeling requirement--(1) New
tires. Each new tire manufacturer must conspicuously label on one
sidewall of each tire it manufactures, except non-pneumatic tires or
non-pneumatic tire assemblies, by permanently molding into or onto the
sidewall, in the manner and location specified in Figure 1, a TIN
consisting of 13 symbols and containing the information set forth in
paragraphs (b)(1) through (b)(3) of this section. NOTE: The Federal
Motor Vehicle Safety Standards may have more specific TIN marking
requirements for some tires. See 49 CFR part 571.
    (2) Retreaded tires. Each tire retreader must conspicuously label
at least one sidewall of each tire it retreads by permanently molding
or branding into or onto the sidewall, in the manner and location
specified by Figure 2, a TIN consisting of seven symbols and containing
the information set forth in paragraphs (b)(1) and (b)(3) of this
section.
    (3) Non-pneumatic tires and non-pneumatic tire assemblies. Each
manufacturer of a non-pneumatic tire or non-pneumatic tire assembly
must permanently mold, stamp, or otherwise permanently mark into or
onto at least one side of the non-pneumatic tire or non-pneumatic tire
assembly a TIN consisting of 13 symbols and containing the information
set forth in paragraphs (b)(1) through (b)(3) of this section.
    (4) Tires for mileage-contract purchasers. Manufacturers or
retreaders of tires exclusively for mileage-contract purchasers may,
instead of meeting any other requirements of this section, permanently
mold into or onto the tire sidewall in lettering at least 6 mm (0.25
inch) high the phrase ``for mileage contract use only''.
    (5) Optional phase-out of two-symbol plant code. NHTSA will assign
to tire manufacturers who were previously assigned a plant code
consisting of two symbols a new three-symbol plant code to replace each
two-symbol plant code. A manufacturer may continue to use a previously
assigned two-symbol plant code until April 13, 2025. Manufacturers who
use a two-symbol plant code must comply with paragraph

(g) of this section in lieu of the requirements in paragraph (b) of
this section. Retreaders may also optionally comply with paragraph (g)
of this section in lieu of paragraph (b) of this section until April
13, 2025.
    (b) TIN content requirements--(1) Plant code. The plant code,
consisting of three symbols, must be the first group of the TIN. The
plant code represents the identity of the new tire manufacturer or
retreader. The plant code is assigned to the manufacturer or retreader
by NHTSA upon request. See Sec.  574.6.
    (2) Manufacturer's code. The manufacturer's code, consisting of six
symbols, is the second group of the TIN for all new tires, but it
cannot be used for retreaded tires. The manufacturer's code must be
located between the plant code and the date code as shown in Figure 1.
For new tires, the manufacturer's code may be used as a descriptive
code for the purpose of identifying significant characteristics of the
tire or to identify the brand name owner. For a new non-pneumatic tire
or a non-pneumatic tire assembly, the manufacturer's code must identify
the non-pneumatic tire identification code. Each manufacturer must
maintain a detailed record of each manufacturer's code it uses with the
corresponding tire size, tire characteristic, brand name owner, and
non-pneumatic tire identification code as applicable and their
respective meanings, which it must provide to NHTSA upon request.
    (3) Date code. The date code, consisting of four numerical symbols,
is the final group. The date code must identify the week and year of
manufacture. The first and second symbols of the date code must
identify the week of the year by using ``01'' for the first full
calendar week in each year, ``02'' for the second full calendar week,
and so on. The calendar week runs from Sunday through the following
Saturday. The final week of each year may include no more than six days
of the following year. The third and fourth symbols of the date code
must identify the last two digits of the year of manufacture. For
example, 0109 means the tire was manufactured in the first full
calendar week of 2009, or the week beginning on Sunday, January 4,
2009, and ending on Saturday, January 10, 2009. The date code must be
positioned as shown in Figures 1 or 2 for new tires and retreaded
tires, respectively.
    (c) Retreaded tire mark. The symbol ``R'' must be used to identify
retreaded tires, and must be marked at the time of TIN marking in a
location specified in Figure 2. The ``R'' is not part of the TIN.
    (d) Method of marking. (1) At the option of the manufacturer or
retreader, the information contained in paragraph (b)(3) of this
section may, instead of being permanently molded, be laser etched into
or onto the sidewall in the location specified in Figures 1 or 2,
respectively, during the manufacturing process of the tire and not
later than 24 hours after the tire is removed from the mold.
    (2) The labeling for a non-pneumatic tire or a non-pneumatic tire
assembly must be in the manner specified in Figure 1 and positioned on
the non-pneumatic tire or non-pneumatic tire assembly such that it is
not placed on the tread or the outermost edge of the tire and is not
obstructed by any portion of the non-pneumatic rim or wheel center
member designated for use with that non-pneumatic tire in S4.4 of
Standard No. 129 (49 CFR 571.129).
    (e) The DOT symbol. (1) The DOT symbol constitutes a certification
that the marked tire conforms to an applicable Federal Motor Vehicle
Safety Standard.
    (2) If required, a manufacturer or retreader must place the DOT
symbol as shown and positioned relative to the TIN in Figure 1 for new
tires and as shown in Figure 2 for retreaded tires.
    (3) The DOT symbol must not appear on tires to which no Federal
Motor Vehicle Safety Standard is applicable, except that retreaders of
tires for use on motor vehicles other than passenger cars may, prior to
retreading, remove the DOT symbol from the sidewall or allow it to
remain on the sidewall, at the retreader's option.
    (f) Authorized symbols. The only symbols that manufacturers and
retreaders are allowed to use in the tire identification number are: A,
B, C, D, E, F, H, J, K, L, M, N, P, R, T, U, V, W, X, Y, 1, 2, 3, 4, 5,
6, 7, 8, 9, and 0.
    (g) Old TIN content requirement. The following requirements are
applicable to tire manufacturers who were previously assigned two-
symbol plant codes by NHTSA and to retreaders. A new tire manufacturer
who continues to use a previously assigned two-symbol plant code in
place of a new three-symbol plant code and a retreader may optionally
comply with this paragraph instead of paragraph (b) of this section
until April 13, 2025.
    (1) First grouping. The plant code, consisting of two symbols, must
be the first group of the TIN. The plant code represents the identity
of the new tire manufacturer and was previously assigned to the
manufacturer by NHTSA.
    (2) Second grouping. For new tires, the second group, consisting of
no more than two symbols, must be used to identify the tire size. For a
non-pneumatic tire or non-pneumatic tire assembly, the second group,
consisting of no more than two symbols, must be used to identify the
non-pneumatic tire identification code. For retreaded tires, the second
group, consisting of no more than two symbols, must identify the
retread matrix in which the tire was processed or a tire size code if a
matrix was not used to process the retreaded tire. Each new tire
manufacturer and retreader must maintain a record of each symbol used,
with the corresponding matrix or tire size, which it must provide to
NHTSA upon request.
    (3) Third grouping. The third group, consisting of no more than
four symbols, may be used at the option of the manufacturer or
retreader as a descriptive code for the purpose of identifying
significant characteristics of the tire. However, if the tire is
manufactured for a brand name owner, one of the functions of the third
grouping must be to identify the brand name owner. Each manufacturer or
retreader who uses the third grouping must maintain a detailed record
of any descriptive brand name owner code used, which it must provide to
NHTSA upon request.
    (4) Fourth grouping. The date code, consisting of four numerical
symbols, is the final group. The date code must identify the week and
year of manufacture. The first and second symbols of the date code must
identify the week of the year by using ``01'' for the first full
calendar week in each year, ``02'' for the second full calendar week,
and so on. The calendar week runs from Sunday through the following
Saturday. The final week of each year may include no more than six days
of the following year. The third and fourth symbols of the date code
must identify the last two digits of the year of manufacture. For
example, 0109 means the tire was manufactured in the first full
calendar week of 2009, or the week beginning on Sunday, January 4,
2009, and ending on Saturday, January 10, 2009. The date code must be
positioned as shown in Figures 1 or 2 for new tires and retreaded
tires, respectively.

[GRAPHIC] [TIFF OMITTED] TR13AP15.004

[GRAPHIC] [TIFF OMITTED] TR13AP15.005

Sec.  574.6  How to obtain a plant code.

    To obtain a plant code required by Sec.  574.5(b)(1), each
manufacturer of new or retreaded pneumatic tires, non-pneumatic tires,
or non-pneumatic tire assemblies must apply in writing to the Office of
Vehicle Safety Compliance, National Highway Traffic Safety
Administration, 1200 New Jersey Ave. SW., Washington, DC 20590,
identify itself as a tire manufacturer or retreader, and furnish the
following information:
    (a) The name, or other designation identifying the applicant, and
its main office address;
    (b) The name, or other identifying designation, of each individual
plant operated by the manufacturer and the address of each plant, if
applicable;
    (c) The name, or other identifying designation, of the corporate
owner, if applicable, of each plant;
    (d) The email addresses, phone numbers, and fax numbers for each
person or corporation listed, including the main office; and
    (e) The type of tires manufactured at each plant, e.g., pneumatic
tires for passenger cars, buses, trucks, or motorcycles; pneumatic
retreaded tires; or non-pneumatic tires or non-pneumatic tire
assemblies.
    Note to Sec.  574,6: Additional requirements for new tire
manufacturers may be applicable. See 49 CFR parts 551 and 566.

PART 579--REPORTING OF INFORMATION AND COMMUNICATIONS ABOUT
POTENTIAL DEFECTS

0
3. The authority citation for part 579 continues to read as follows:

    Authority:  49 U.S.C. 30102-103, 30112, 30117-121, 30166-167;
delegation of authority at 49 CFR 1.95 and 49 CFR 501.8.

0
4. Amend Sec.  579.26 by:
0
a. Revising the fifth sentence of the introductory text;
0
b. Revising the first sentence of paragraph (a); and
0
c. Revising the second sentence of paragraph (d).
    The revisions read as follows:

Sec.  579.26  Reporting requirements for manufacturers of tires.

    * * * For purposes of this section, the two- or three-character DOT
alphanumeric code for production plants located in the United States
assigned by NHTSA in accordance with Sec. Sec.  574.5 and 574.6 of this
chapter may be used to identify ``plant where manufactured.'' * * *
    (a) Production information. Information that states the
manufacturer's name, the quarterly reporting period, the tire line, the
tire size, the tire type code or manufacturer's code, the SKU, the
plant where manufactured, whether the tire is approved for use as
original equipment on a motor vehicle, if so, the make, model, and
model year of each vehicle for which it is approved, the production
year, the cumulative warranty production, and the cumulative total
production through the end of the reporting period. * * *
* * * * *
    (d) Common green tire reporting. * * * For each specific common
green tire grouping, the list shall provide all relevant tire lines,
tire type codes or manufacturer's code, SKU numbers, brand names, and
brand name owners.

    Issued on April 3, 2015 in Washington, DC, under authority
delegated in 49 CFR 1.95 and 501.5.
Mark R. Rosekind,
Administrator.
[FR Doc. 2015-08418 Filed 4-10-15; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 85, Number 161 (Wednesday, August 19, 2020)]
[Rules and Regulations]
[Pages 50955-50957]
[FR Doc No: 2020-16246]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0031; FRL-10011-75-Region 5]

Air Plan Approval; Illinois; Plan Elements for the Chicago
Nonattainment Area for the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Illinois State Implementation Plan (SIP) to meet the
base year emissions inventory and motor vehicle inspection and
maintenance (I/M) requirements of the Clean Air Act (CAA) for the
Illinois portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin
area (Chicago area) for the 2008 ozone national ambient air quality
standard (NAAQS or standard). EPA is approving the State's submission
as a SIP revision pursuant to section 110 and part D of the CAA and
EPA's regulations because it satisfies the emissions inventory and I/M
requirements for areas classified as moderate nonattainment for the
2008 ozone NAAQS. Final approval of the Illinois SIP as meeting the I/M
requirements of the CAA for the 2008 ozone NAAQS permanently stops the
Federal Implementation Plan (FIP) clock for that element, which was
triggered by EPA's December 11, 2017 finding that Illinois failed to
submit certain required SIP elements for the 2008 ozone NAAQS. EPA
proposed to approve this action on April 23, 2020 and received no
adverse comments on the emissions inventory and I/M SIP elements.

DATES: This final rule is effective on September 18, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2019-0031. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID 19. We recommend that you telephone Kathleen
D'Agostino, Environmental Scientist, at<PHONE_NUMBER> before visiting
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), U.S. Environmental

Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    On April 23, 2020 (85 FR 22693), EPA proposed to approve revisions
to the Illinois SIP to meet the base year emissions inventory, motor
vehicle I/M, reasonable further progress (RFP), and RFP contingency
measures requirements of the CAA for the Illinois portion of the
Chicago area for the 2008 ozone NAAQS. EPA also proposed to approve the
2017 transportation conformity motor vehicle emissions budgets (MVEBs)
for the Illinois portion of the Chicago area for the 2008 ozone NAAQS.
An explanation of the CAA requirements, a detailed analysis of the
revisions, and EPA's reasons for proposing approval were provided in
the notice of proposed rulemaking and will not be restated here. The
public comment period for this proposed rule ended on May 26, 2020. EPA
received no comments on the emissions inventory and I/M portions of the
proposal. Therefore, we are finalizing our action on those plan
elements as proposed. EPA received adverse comments on the portions of
the proposal relating to the RFP plan, RFP contingency measures, and
the related MVEBs. EPA will be addressing these plan elements and the
associated comments in a separate action.

II. Final Action

    EPA is approving revisions to the Illinois SIP pursuant to section
110 and part D of the CAA and EPA's regulations because the Illinois
Environmental Protection Agency's (IEPA's) January 10, 2019, SIP plan
submission satisfies the emissions inventory and I/M requirements of
the CAA for the Illinois portion of the Chicago area for the 2008 ozone
NAAQS. Final approval of these portions of IEPA's January 10, 2019 SIP
revision permanently stops the FIP clock triggered by the December 11,
2017 finding with respect to a basic I/M program. Final approval of
these portions of IEPA's submittal will not affect the FIP clocks
triggered by the December 11, 2017 finding for the following SIP
elements: RFP, contingency measures for volatile organic compounds
(VOC) and oxides of nitrogen (NOX), an attainment
demonstration, Reasonably Available Control Technology (RACT) non-
control techniques guidelines for major stationary sources of VOC, and
RACT for major stationary sources of NOX.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 19, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.

    Dated: July 22, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. In Sec.  52.720, the table in paragraph (e) is amended:

0
a. Under ``Emission Inventories'' by:
0
i. Revising the entry for ``Emission inventory--2011 (2008 8-hour
ozone)'' to remove the ``Chicago area'';
0
ii. Adding a second entry for ``Emission inventory--2011 (2008 8-hour
ozone)'' for the ``Chicago area'';
0
b. Under ``Moderate Area & Above Ozone Requirements'' by adding an
entry for ``I/M certification (8-hour, 2008 ozone)'' following the
entry for ``15 percent rate-of-progress and 3 percent contingency
plans''.
    The revisions and additions read as follows:

Sec.  52.720  Identification of plan.

* * * * *
    (e) * * *

                      EPA--Approved Illinois Nonregulatory and Quasi--Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable          State
      Name of SIP provision            geographic or      submittal     EPA approval date         Comments
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Emission inventory--2011 (2008 8-  St. Louis area......     9/3/2014  3/7/2016, 81 FR       ....................
 hour ozone).                                                          11671.
Emission inventory--2011 (2008 8-  Chicago area........    1/10/2019  8/19/2020, [Insert    ....................
 hour ozone).                                                          Federal Register
                                                                       citation].

                                                  * * * * * * *
I/M certification (8-hour, 2008    Chicago area........    1/10/2019  8/19/2020, [Insert    ....................
 ozone).                                                               Federal Register
                                                                       citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-16246 Filed 8-18-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Notices]
[Pages 35378-35379]
[FR Doc No: 2012-14356]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

----------------------------------------------------------------------------------------------------------------
                                               Communication
                 Docket No.                         date                     Presenter or requester
----------------------------------------------------------------------------------------------------------------
Prohibited:
    1. CP11-128-000........................            5-11-12  Dorothy Carlone.\1\
    2. CP11-72-000.........................             6-5-12  Dan Heintzelman.
    3. CP11-161-000........................             6-7-12  Julia Somers.
Exempt:
    1. P-13287-000.........................            5-21-12  Hon. John J Bonacic.
    2. CP11-161-000........................            5-24-12  Pike County Commissioners.
    3. CP11-18-000.........................            5-25-12  Hon. Trey Gowdy.
    4. ER12-1699-000.......................            5-29-12  Hon. Stevan Pearce.
    5. ER12-1699-000.......................            5-31-12  Hon. Susana Martinez.
    6. CP11-72-000.........................            5-31-12  Hon. Chuck Kleckley.
    7. CP11-72-000.........................            5-31-12  Hon. John A. Alario, Jr.
    8. CP11-72-000.........................             6-1-12  State/Parish Louisiana.\2\
    9. P-14241-000.........................             6-7-12  Hon. Kyle Johansen.
----------------------------------------------------------------------------------------------------------------
\1\ Email record.
\2\ Two letters; one from Governor Bobby Jindal and one from the Cameron Parish Police Jury.

    Dated: June 7, 2012.
 Nathaniel J. Davis, Sr.,
 Deputy Secretary.
[FR Doc. 2012-14356 Filed 6-12-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Notices]
[Page 58578]
[FR Doc No: 2023-18454]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL-11288-01-R8]

Clean Air Act Operating Permit Program; Order on Petitions for
Objection to State Operating Permit for Terra Energy Partners, Rocky
Moutain LLC, Parachute Water Management Facility

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petitions.

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

SUMMARY: The Environmental Protection Agency (EPA) Administrator signed
an order dated July 14, 2023, granting in part and denying in part a
petition dated November 22, 2022 from WildEarth Guardians and a
petition dated November 23, 2022 from the Center for Biological
Diversity and Grand Valley Citizens Alliance. The petitions requested
that the EPA object to a Clean Air Act (CAA) operating permit issued by
the Colorado Department of Public Health and Environment (CDPHE) to
Terra Energy Partners, Rocky Moutain LLC for its Parachute Water
Management Facility located in Garfield County, Colorado.

FOR FURTHER INFORMATION CONTACT: Donald Law, EPA Region 8, telephone
number:<PHONE_NUMBER>, email address: [email protected]. The final
order and petition are available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

SUPPLEMENTARY INFORMATION: The EPA received appetition from WildEarth
Guardians dated November 2, 2022, and a petition from the Center for
Biological Diversity and Grand Valley Citizens Alliance dated November
23, 2022, requesting that the EPA object to the issuance of operating
permit no. 09OPGA330, issued by CDPHE to Terra Energy Partners, Rocky
Mountain LLC in Garfield County, Colorado. On June 14, 2023, the EPA
Administrator issued an order granting in part and denying in part the
petition. The order itself explains the basis for the EPA's decision.
    Sections 307(b) and 505(b)(2) of the CAA provide that a petitioner
may request judicial review of those portions of an order that deny
issues in a petition. Any petition for review shall be filed in the
United States Court of Appeals for the appropriate circuit no later
than October 27, 2023.

    Dated: August 18, 2023.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2023-18454 Filed 8-25-23; 8:45 am]
BILLING CODE 6560-50-P