[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Notices]
[Pages 47488-47489]
[FR Doc No: 2013-18870]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket No. NHTSA-2013-0085]

Reports, Forms, and Record Keeping Requirements

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

ACTION: Request for public comment on proposed collection of
information.

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SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatements of previously approved collections.
    This document describes the collection of information for which
NHTSA intends to seek OMB approval.

DATES: Comments must be received on or before October 4, 2013.

ADDRESSES: You may submit comments identified by DOT Docket ID Number
NHTSA-2013-0085 using any of the following methods:
    Electronic submissions: Go to http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590.
    Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Fax: 1-202-493-2251.

Instructions: Each submission must include the Agency name and the
Docket number for this Notice. Note that all comments received will be
posted without change to http://www.regulations.gov including any
personal information provided. Please see the Privacy Act heading
below.
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) or you may visit http://Docketslnfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Block, Office of Behavioral
Safety Research (NTI-131), National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE., W46-499, Washington, DC
20590. Mr. Block's phone number is<PHONE_NUMBER> and his email address
is<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has promulgated regulations describing what must
be included in such a document. Under OMB's regulations (at 5 CFR
1320.8(d)), an agency must ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) how to enhance the quality, utility, and clarity of the
information to be collected; and
    (iv) how to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
    In compliance with these requirements, NHTSA asks public comment on
the following proposed collection of information:

Focus Groups for Traffic Safety Programs, Interventions and
Countermeasures

    Type of Request--Renewal.
    OMB Clearance Number--2127-0667.
    Form Number--This collection of information uses no standard form.
    Requested Expiration Date of Approval--3 years from date of
approval.
    Summary of the Collection of Information--The National Highway
Traffic Safety Administration (NHTSA) proposes to renew its generic
clearance to conduct focus groups. NHTSA anticipates the need to
periodically conduct focus group sessions to refine its efforts to
reduce traffic injuries and fatalities. Session participation would be
voluntary and the focus group participants would receive remuneration
for their involvement. Focus group topics will include: strategic
messaging (e.g., slogans or advertisement concepts concerning seat belt
use, impaired driving, driver distraction, tire pressure monitoring),
problem identification (e.g., discussions with high-risk groups on
beliefs, attitudes, driving behaviors, or reactions to interventions
and countermeasures), and resource development (e.g., testing materials
designed to communicate essential information about traffic safety
issues such as vehicle or equipment performance rating systems). For
each focus group project, NHTSA will submit an individual Information
Collection Request (ICR) to the Office of Management and Budget (OMB)
detailing the specific nature and methodology of planned focus group
sessions prior to any collection activity covered under this generic
clearance.
    Description of the Need for the Information and Proposed Use of the
Information--NHTSA was established by the Highway Safety Act of l970
(23 U.S. C. 101) to carry out a Congressional mandate to reduce the
mounting number of deaths, injuries, and economic losses resulting from
motor vehicle crashes on the Nation's highways. In support of this
mission, NHTSA anticipates the occasional need to conduct focus group
sessions in order to develop and refine effective interventions and
countermeasures. NHTSA will use the findings from focus group sessions
to help focus current programs, interventions and countermeasures in
order to achieve the greatest benefit in decreasing crashes and
resulting injuries and fatalities, and provide informational support to
States, localities, and law enforcement agencies that will aid them in
their efforts to reduce traffic crashes.
    Description of the Likely Respondents (Including Estimated Number,
and Proposed Frequency of Response to the Collection of Information)--
Each year NHTSA anticipates conducting 140 focus groups, or 420 over
the three year period under a renewed clearance. Likely respondents are
licensed drivers 18 years of age and older who have not participated in
a previous focus group session. In some cases, stakeholders such as law
enforcement and health officials may participate in the focus groups.
Each respondent would participate in one focus group.
    Estimate of the Total Annual Reporting and Record Keeping Burden
Resulting from the Collection of Information--NHTSA estimates that the
number of focus group participants will average 10 per group, and that
average duration per focus group will be 80 minutes. Participants will
be recruited by intercept or telephone using a brief screening
questionnaire estimated to take no more than another 10 minutes.
Therefore, over a three year period, NHTSA estimates that the total
burden will be 6300 hours (420 focus groups x 10 participants x 90
minutes). Total annual burden will be 2100 hours (140 focus groups x 10
participants x 90 minutes).
    The respondents would not incur any reporting cost from the
information collection. The respondents also would not incur any record
keeping burden or record keeping cost from the information collection.

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

    Issued on: July 31, 2013.
Jeff Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2013-18870 Filed 8-2-13; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: July 28, 2008 (Volume 73, Number 145)]
[Notices]
[Page 43807-43808]
[DOCID:fr28jy08-119]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58204; File No. SR-CBOE-2008-64]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Granting Accelerated Approval of a Proposed Rule
Change, as Modified by Amendment No. 1, Amending CBOE Rules 5.3 and 5.4
To Enable the Listing and Trading of Options on Index-Linked Securities

July 22, 2008.
    On June 19, 2008, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule
19b-4 \2\ thereunder to amend CBOE Rules 5.3 and 5.4 to list and trade
options on equity index-linked securities, commodity-linked securities,
currency-linked securities, fixed income index-linked securities,
futures-linked securities, and multifactor index-linked securities
(collectively referred to as ``Index-Linked Securities'') that are
principally traded on a national securities exchange and an ``NMS
stock'' as defined in Rule 600 of Regulation NMS.\3\ The proposed rule
change was published for comment in the Federal Register on July 1,
2008 for a 15-day comment period.\4\ On July 1, 2008, the Exchange
submitted Amendment No. 1 to the proposed rule change.\5\ The
Commission received no comment letters regarding the proposal. This
order approves the proposed rule change, as modified.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See 17 CFR 242.600(b)(47).
    \4\ See Securities Exchange Act Release No. 58007 (June 23,
2008), 73 FR 37516.
    \5\ Amendment No. 1 corrects a minor typographical omission.
Because the amendment is technical in nature, the Commission is not
publishing it for comment.
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    Index-Linked Securities are designed for investors who desire to
participate in a specific market segment by providing exposure to one
or more identifiable underlying securities, commodities, currencies,
derivative instruments or market indexes of the foregoing. Index-Linked
Securities are the non-convertible debt of an issuer that have a term
of at least one year but not greater than thirty years. Despite the
fact that Index-Linked Securities are linked to at least one underlying
index or asset (``Reference Asset''), each trade as a single, exchange-
listed security. Accordingly, rules pertaining to the listing and
trading of standard equity options would apply to options on Index-
Linked Securities.
    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange \6\ and, in particular, the requirements of Section 6 of the
Act.\7\ Specifically, the Commission finds that the proposed rule
change is consistent with Section 6(b)(5) of the Act,\8\ which
requires, among other things, that the rules of a national securities
exchange be designed to remove impediments to and perfect the mechanism
of a free and open market and a national market system and, in general,
to protect investors and the public interest.
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    \6\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(5).
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    In addition, the Commission finds good cause, pursuant to Section
19(b)(2) of the Act,\9\ for approving the proposed rule change, as
modified, prior to the thirtieth day after the date of publication of
notice in the Federal Register. The Commission notes this proposed rule
change, as modified, is substantively identical to that of NYSE Arca,
Inc., which was published for a 21-day comment period and generated no
comments.\10\ Therefore, the Commission does not believe that this
proposal raises any new regulatory issues different from that of the
NYSE Arca, Inc. proposal.
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    \9\ 15 U.S.C. 78s(b)(2).
    \10\ See Securities Exchange Act Release No. 57950 (June 11,
2008), 73 FR 34815 (June 18, 2008) (SR-NYSEArca-2008-57).
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Listing and Trading of Options on Index-Linked Securities

    As set out more fully in the Exchange's notice of its proposal,
CBOE's proposed rules include requirements regarding initial and
continued listing standards, the creation/redemption process for Index-
Linked Securities, and trading halts. Index-Linked Securities must be
traded through a national securities exchange or through the facilities
of a national securities association, and must be ``NMS stock'' as
defined under Rule 600 of Regulation NMS.\11\
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    \11\ 17 CFR 242.600(b)(47).
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    The Commission notes that, pursuant to the proposed Interpretation
and Policy .13(3) to CBOE Rule 5.3 and Interpretation and Policy .16 to
CBOR Rule 5.4, Index-Linked Securities will be subject to the initial
and continuing eligibility standards for underlying securities provided
in CBOE Rules 5.3 and 5.4, as applicable. In particular, to be options
eligible, an Index-Linked Security must either meet the criteria and
guidelines for underlying securities set forth in Interpretation and
Policy .01 to CBOE Rule 5.3, or alternately, the Index-Linked
Securities must be redeemable at the option of the holder at least on a
weekly basis through the issuer at a price related to the applicable
underlying Reference Asset, and the issuing company must be obligated
to issue or repurchase the securities in aggregation units for cash or
cash equivalents satisfactory to the issuer of Index-Linked Securities
which underlie the option as described in the Index-Linked Securities
prospectus.
    To continue to be options eligible, the Index-Linked Security must
remain an NMS stock listed on a national securities exchange. The
Exchange will also consider the suspension of opening transactions in
any series of options of the class covering Index-Linked Securities
where the Index-Linked security does not satisfy the requirements set
out in proposed Interpretation and Policy .16 to CBOE Rule 5.4. These
include: (1) Continued compliance with Interpretation and Policy .13 to
CBOE Rule 5.3; (2)

compliance with Interpretation and Policy .01 to CBOE Rule 5.4 or, for
options covering Index-Linked Securities approved pursuant to
Interpretation and Policy .13(3)(B) to CBOE Rule 5.3, continuing to be
an NMS stock listed on a national securities exchange; and (3) the
value of the underlying Reference Asset continues to be calculated and
available. In addition, the Exchange retains discretion to suspend
opening transactions in options on Index-Linked Securities where
conditions make further dealings in such options inadvisable.
    The Exchange represented that the addition of options on Index-
Linked Securities will not have any effect on Exchange rules pertaining
to position and exercise limits \12\ or margin.\13\
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    \12\ See CBOE Rules 4.11 and 4.12.
    \13\ See CBOE Rule 12.3.
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Surveillance

    The Commission notes that Exchange has represented that it will
implement surveillance procedures for options on Index-Linked
Securities, including adequate comprehensive surveillance sharing
agreements with markets trading in non-U.S. components, as applicable.
CBOE further represented that these procedures will be adequate to
properly monitor Exchange trading of options on Index-Linked Securities
and to deter and detect violations of Exchange rules. This order is
based on these representations.
    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\14\ that the proposed rule change (SR-CBOE-2008-64), as modified
by Amendment No. 1, is hereby approved on an accelerated basis.
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    \14\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-17212 Filed 7-25-08; 8:45 am]

BILLING CODE 8010-01-P


                   UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

Docket: OST-2002-12683					Served: August 16, 2002

NOTICE

In the Matter of the 2002 U.S.-Brazil All-Cargo Service Proceeding

SUMMARY

By this Notice, we have decided to deny the request of Amerijet
International that Gemini Air Cargo and Evergreen Airlines International
submit in this docket copies of any applications and supporting
documents filed with the Air Transportation Stabilization Board seeking
Federal loan guarantees.

DISCUSSION AND SUMMARY OF PLEADINGS

By Order 2002-6-20, the Department instituted the 2002 U.S.-Brazil
All-Cargo Service Proceeding to select a carrier for an authorization to
be designated to serve the U.S.-Brazil all-cargo market and for
allocation of four U.S.-Brazil all-cargo frequencies under the
U.S.-Brazil aviation agreement.  The instituting order established a
procedural schedule for the submission of evidentiary material needed by
the Department to make its selection(s), as follows: Applications by
July 19, 2002; Direct Exhibits by August 2; Rebuttal Exhibits by August
16; and Briefs by August 30.  Gemini Air Cargo, Evergreen International
Airlines, and Amerijet International filed applications for the
available authorization and an allocation of frequencies.

On August 6, 2002, Amerijet filed a motion requesting that the
Department issue an order directing Gemini and Evergreen to produce
copies of their respective applications reportedly filed with the Air
Transportation Stabilization Board seeking Federal loan guarantees
pursuant to the Air Transportation Safety and System Stabilization Act,
together with copies of all other related or supportive documents.
Evergreen and Gemini filed answers opposing Amerijet’s request and
Amerijet filed a reply.

In its motion, Amerijet states that neither Gemini nor Evergreen
submitted any financial statements as part of their direct exhibits in
the 2002 U.S.-Brazil All-Cargo Service Proceeding.  In support of its
motion, Amerijet asserts that the Department and the applicants must
have access to this information if the proceeding is to be conducted
fairly and on the basis of a complete record.  Amerijet maintains that
the requested information is relevant because it relates to the fitness
determination that the Department must make prior to issuing
certificates pursuant to the award of new route authority.  Moreover,
Amerijet argues that it would be hard to imagine how the Department
could issue certificates to either applicant if the proposed operations
are in any way dependent upon receipt of Federally subsidized loan
guarantees.

Evergreen states that Amerijet’s motion demonstrates a complete lack
of understanding of the rationale for the establishment of the Air
Transportation Stabilization Board (ATSB).  The ATSB, according to
Evergreen, is not a bankruptcy court, and the underlying purpose of the
law that created the ATSB is to foster and develop airlines that have
every intention of continuing safe and commercially viable operations.
Evergreen argues that the fact that Evergreen is seeking loan guarantees
does not bring into question the financial health of the company and,
consequently, there is no basis for providing any of the ATSB filings
that Amerjiet has requested for the record of this proceeding.
Evergreen notes that since the filing of its ATSB application, the
Department has twice found the company fit to conduct its operations.
In addition, Evergreen states that neither the Department nor the
applicants in recent route cases have indicated a need for the type of
financial review that Amerijet has requested here.

Gemini states that the information it has provided to the ATSB is
confidential and relates solely to ATSB matters and ATSB requirements,
distinct from the Department’s regulatory jurisdiction.    Gemini
maintains that the Department regularly takes notice of Form 41
information filed by carriers to update fitness determinations in route
proceedings such as the 2002 U.S.-Brazil All-Cargo Service Proceeding at
issue here.  In addition, Gemini argues that Amerijet’s motion seems
to be designed to obstruct rather than facilitate the proceeding at
hand, especially in light of the fact that Amerijet filed its motion
long after petitions for reconsideration were due in this docket.

In its reply, Amerijet notes that both Evergreen and Gemini concede that
there is no information in their applications or direct exhibits
regarding their financial fitness.  Amerijet also notes that neither
Evergreen nor Gemini disputes that the production of such information
would not constitute a significant burden.  Amerijet argues that its
request for information is timely because it could not have known what
financial information Evergreen and Gemini would submit to the
Department until the direct exhibits were filed in this case.  It
further argues that financial fitness and ability are always a relevant
consideration in a certification proceeding and that the information
presented to the ATSB is well suited for the purposes of determining
fitness and ability.  Amerijet maintains that such information could
also shed light on an applicant’s ability to inaugurate and maintain
service as well as on possible structural changes that the applicant
might be required to undertake.  Finally, Amerijet argues that
Evergreen’s suggestion that earlier Department fitness findings make
submission of ATSB filings unnecessary is without merit because
Evergreen fails to explain whether the fitness findings were based upon
financial information similar to that provided to the ATSB.

DECISION

We have decided to deny Amerijet’s request.  The mere fact that
Evergreen and Gemini have filed applications before the ATSB in no way
in and of itself calls into question the financial fitness of either
carrier.  Nor was the material requested to be submitted under the Air
Transportation Safety and System Stabilization Act intended to address
the question of an air carrier’s fitness to obtain or hold economic
authority under Section 41101 of our Act.  In these circumstances, we
believe that the evidence we have already required to be submitted in
this proceeding, along with data officially noticeable under rule 24(g)
of the Department’s regulations, will be adequate for us to make any
fitness findings that may be necessary.  Accordingly, we will not
require that Gemini and Evergreen submit copies of any applications and
supporting documents filed with the Air Transportation Stabilization
Board seeking Federal loan guarantees.

We will serve this notice on Gemini Air Cargo, Inc.; Evergreen
International Airlines, Inc.; and Amerijet International, Inc.

By:

						Paul L. Gretch

						Director, Office of International Aviation

(Seal)

Dated:  August 16, 2002

An electronic version of this order is available on the World Wide Web
at

http://dms.dot.gov//reports/reports_ aviation.asp

Amerijet states that it did not mean to suggest in its motion that
applicants before a bankruptcy court and the ATSB are in the same
position.  However, Amerijet contends that the two situations are not
mutually exclusive either, as demonstrated by the case of U.S. Airways.
Amerijet further indicates that its own reorganization was a public
process, and that the materials produced by Amerijet are publicly
available.  In addition, Amerijet notes that its direct exhibits were
not silent with respect to its reorganization or other pertinent
financial information.

 PAGE

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[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Notices]
[Pages 62177-62180]
[FR Doc No: 2022-22200]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket Number PHMSA-2019-0156 (Notice No. 2022-07)]

Hazardous Materials: Safety Device Classification Policy

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).

ACTION: Notice; safety device classification policy.

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SUMMARY: PHMSA is publishing this notice setting forth and requesting
comments from the public and other interested parties regarding its
policy on classification of articles containing hazardous materials
used in vehicles, vessels, or aircraft to enhance safety to persons.
These articles are described as ``Safety devices, electrically
initiated, 9'' for purposes of transportation under the U.S. hazardous
material regulations.

DATES: Comments must be received by November 14, 2022.

ADDRESSES: You may submit comments identified by the docket number
PHMSA-2019-0156 by any of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management System, U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-

30, Ground Floor, Room W12-140 in the West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
docket number PHMSA-2019-0156 for this notice at the beginning of the
comment. Note that all comments received will be posted without change
to http://www.regulations.gov including any personal information
provided. If sent by mail, comments must be submitted in duplicate.
Persons wishing to receive confirmation of receipt of their comments
must include a self-addressed stamped postcard.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office; see ADDRESSES.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and treated as private by its owner. Under the Freedom of
Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPRIETARY.'' Submissions containing CBI should be
sent to Lad Falat, Sciences and Engineering Division, Office of
Hazardous Materials Safety,<PHONE_NUMBER>, PHMSA, East Building,
PHH10, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Any
commentary that PHMSA receives, which is not specifically designated as
CBI, will be placed in the public docket.

FOR FURTHER INFORMATION CONTACT: Lad Falat, Sciences and Engineering
Division,<PHONE_NUMBER>, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    PHMSA publishes and seeks comments on this Safety Device
Classification Policy (Policy). This Policy outlines the parameters for
what PHMSA will approve as Class 9 (UN3268) safety devices under 49 CFR
173.166(b)(1)(iv). Specifically, PHMSA will approve as Class 9 (UN3268)
safety devices articles that are complete, assembled components used in
transportation by vehicle, vessel, or aircraft and which perform a
stand-alone mechanical action enhancing safety to persons. As explained
below, because subcomponents of safety devices do not meet the
threshold and because they pose a potential risk when transported, they
must continue to be transported under existing regulatory authorities.
This notice also provides guidance on the types of data and
documentation an applicant can provide to support an application to the
Associate Administrator for Hazardous Materials Safety for
classification of an article as a Class 9 (UN3268) safety device.

II. Background

    PHMSA's Hazardous Materials Regulations (HMR; 49 CFR parts 171-180)
prescribe requirements for the transportation in commerce of safety
devices, including labeling, marking, and shipping paper requirements.
The HMR provides that articles containing Class 1 (Explosive) materials
must seek classification approval from PHMSA and adhere to important
labeling, marking, and shipping paper requirements. The HMR also
establishes requirements for assignment of shipping descriptions that
incorporate information regarding the classification of materials as
Class 1, Class 9, or another hazard class.
    Section 173.166 of the HMR defines ``safety devices'' as ``articles
which contain pyrotechnic substances or hazardous materials of other
classes and are used in vehicles, vessels or aircraft to enhance safety
to persons.'' That section identifies three types of proven safety
devices (specifically, air bag inflators, air bag modules, and seat-
belt pretensioners) that, if certified by a PHMSA-certified explosives
testing laboratory as Class 9 materials, do not require PHMSA approval
for use of the shipping description ``UN3268, Safety devices,
electrically initiated, 9.'' Section 173.166, however, contemplates
that certain other articles could be eligible for approval by the
Associate Administrator for Hazardous Materials Safety for use of the
``UN3268, Safety devices, electrically initiated, 9'' shipping
description. Articles determined by a PHMSA-certified explosives
testing laboratory to have passed the testing criteria established in
Special Provision 160 and which are used in vehicles, vessels, or
aircraft to enhance the safety of persons, may be submitted to the
Associate Administrator for Hazardous Materials Safety for approval as
a Class 9 (UN3268) safety device. Other safety devices, which had been
deemed ineligible for approval as Class 9 hazardous materials by either
the terms of Sec.  173.166, or the Associate Administrator for
Hazardous Materials Safety, may apply for approval to use the shipping
description ``UN0503, Safety devices, pyrotechnic, 1.4G.'' Division
1.4G explosives are subject to enhanced labeling, marking, and shipping
paper requirements that notify transportation workers, emergency
responders, and import controllers of the presence of explosives. In
addition, division 1.4G explosives are not allowed for bulk
transportation, or transport by passenger rail or passenger aircraft.
    The above-described Sec.  173.166 construct reflects a 2015
amendment of the HMR \2\ to account for a change in the 19th Edition of
the United Nations Model Regulations \3\ expanding eligibility for use
of the ``UN3268, Safety devices, electrically initiated, 9'' shipping
description to other proven technologies. Historically, the shipping
description for UN3268 safety devices in the UN Model Regulations
(``UN3268, Safety devices, air bag inflators, air bag modules, or seat-
belt pretensioners'') had been explicitly limited to the specific
safety devices identified in italics. The HMR at Sec.  173.166 had
mirrored that limitation. However, the 19th Edition of the UN Model
Regulations deleted the historical reference to specific safety devices
within a revised shipping description--``UN3268, Safety devices,
electrically initiated, 9''--to accommodate technological development
of new safety devices for vehicles, vessels, and aircraft. PHMSA
subsequently revised Sec.  173.166 in its HM-215M rulemaking to
incorporate that revised shipping description within UN Model
Regulations and introduced the approval process by which stakeholders
can seek to use the shipping description ``UN3268, Safety devices,
electrically initiated, 9.''
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    \2\ ``Final Rule: International Standards Harmonization (HM-
215M),'' 80 FR 1075 (Jan. 8, 2015) (HM-215M).
    \3\ United Nations Economic Commission for Europe, UN
Recommendations on the Transport of Dangerous Goods--Model
Regulations, Nineteenth revised edition (2015) (19th Edition of the
UN Model Regulations).
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    Since issuance of HM-215M, PHMSA has received special permit
applications to classify Class 1 articles, that had been classified
through an EX approval as Division 1.4S explosives and which are not
used in vehicle, vessel, or aircraft transportation, as Class 9
(UN3268) safety devices. UN3268 is limited by the

HMR for use in transportation, therefore, safety-enhancing articles
containing pyrotechnic substances or other hazardous materials that are
not used in a vehicle, vessel, or aircraft, such as those for table
saws, non-vehicular mining equipment, and life-saving appliances as
described in Sec.  173.219 cannot be considered ``UN3268, Safety
Devices, electrically initiated, 9.'' PHMSA has also received inquiries
and requests for interpretations concerning whether subcomponents of
vehicle, vessel, or aircraft safety devices could themselves be
eligible for use of the shipping description ``UN3268, Safety devices,
electrically initiated, 9.''
    In response to those inquiries about implementation of Sec.
173.166, PHMSA in June 2020 issued a request for information \4\
seeking public input on specific questions and issues relevant to the
shipping description ``UN3268, Safety devices, electrically initiated,
9.'' These questions sought general information and data on the scope
and expansion of the safety device application under Sec.  173.166, the
testing required for consideration and approval as a Class 9 (UN3268)
safety device, and the conditions for transport and carriage aboard
aircraft for items classified as Class 9 (UN3268) safety devices under
Sec.  173.166. PHMSA received 14 total comments from various
stakeholders including safety device manufacturers, explosive testing
labs, and trade associations. The input received from these commenters
has been considered in formulating this Policy.
---------------------------------------------------------------------------

    \4\ 85 FR 35368 (June 8, 2020).
---------------------------------------------------------------------------

    PHMSA publishes this Policy set forth below and seeks comments from
the public and interested stakeholders thereon.

III. Policy on Classification of Articles Used in Vehicles, Vessels, or
Aircraft as Class 9 (UN3268) Safety Devices

    In order to provide clarity on what types of articles PHMSA will
consider for shipping description ``UN3268, Safety devices,
electrically initiated, 9'' under 49 CFR 173.166, PHMSA issues this
Policy and guidance. This document outlines the types of safety devices
PHMSA will consider for approval as Class 9 (UN3268) safety devices,
the process to seek such approval, and documentation to support such an
application for approval.

Limitation to Transportation Sector

    Section 173.166 limits applicability of the shipping description
``UN3268 Safety devices, electrically initiated, 9'' to ``articles
which . . . are used in vehicles, vessels, or aircraft to enhance
safety to persons.'' The phrase ``used in vehicles, vessels, or
aircraft'' limits eligibility to articles used in transportation by
vehicle, vessel, or aircraft. Therefore, if an article is intended to
enhance safety to persons, but is not used in a vehicle, vessel, or
aircraft, it cannot be considered an eligible device under Sec.
173.166 at this time.

Subcomponents

    PHMSA has received inquiries on whether sub-components of safety
devices can themselves be considered Class 9 (UN3268) safety devices
under Sec.  173.166. Shipping description ``UN3268, Safety devices,
electrically initiated, 9'' is applicable to air bag inflators, air bag
modules, seat-belt pretensioners, and other pyromechanical devices.
Section 173.166 describes pyromechanical safety devices as ``assembled
components'' and elsewhere describes some safety devices as being
within ``completed components.'' \5\ In determining under Sec.  173.166
if an article (other than air bag inflators, air bag modules, or seat-
belt pretensioners) can appropriately be described as a Class 9
(UN3268) safety device, PHMSA will consider whether a sub-component to
a safety device will have elevated risk over the safety device they
will become a part of, which could be due to greater concentration or
total amount of explosive hazard. PHMSA will balance the potential
safety benefits to persons in vehicles, vessels, or aircraft with the
potential danger posed by shipping explosive materials that are not
incorporated in a larger component device. Many sub-components such as
pyrotechnic micro-gas generators (MGGs), that supply a burst of gas but
which itself does not produce a stand-alone safety-enhancing mechanical
action, are not expected to meet these criteria--due to the safety
burden they pose in shipment. To date, PHMSA has not received requests
to approve any subcomponents that would enhance safety to persons in
vehicles, vessels, or aircraft sufficient to outweigh the risks
presented by transporting those subcomponents as Class 9 (UN3268)
safety devices in transportation. This guidance supersedes PHMSA
Letters of Interpretation 18-0035 and 18-0113, which are hereby
withdrawn. PHMSA has not issued any approvals consistent with those
Letters of Interpretation.
---------------------------------------------------------------------------

    \5\ Section 173.166(d)(1) excepts from the requirements of Sec.
173.166 a safety device classified as Class 9 and which is installed
in, or is, a completed component of a vehicle, vessel, aircraft. As
for what is considered a ``completed component'' the regulation
mentions ``steering columns or door panels'' as examples, which
provides further evidence of the limitations intended in Sec.
173.166.
---------------------------------------------------------------------------

Guidance for Applications for Approval as Class 9 (UN3268) Safety
Devices

    Applicants seeking approval as Class 9 (UN3268) safety devices
other than air bag inflators, air bag modules, and seat-belt
pretensioners may apply for such approval pursuant to Sec.  173.166(b).
Any such articles must be examined and successfully tested by a person
or agency who is authorized to perform examination and testing of
explosives under Sec.  173.56(b)(1) and submitted to the Associate
Administrator for Hazardous Materials Safety for approval and assigned
an EX number (see Sec.  173.166(b)(1)(iv)).
    In order for PHMSA to assign shipping description ``UN3268, Safety
devices, electrically initiated, 9'' to an article, an applicant must
provide, as part of the approval application, sufficient evidence that
the article under consideration has been tested, including records of
such tests as outlined in Sec.  173.166(g)(1). Additionally, applicants
may provide information that the article is used in vehicles, vessels,
or aircraft, and demonstrated to enhance safety to persons. Data on the
number of articles in use listed by vehicle type and the resulting
effects on enhancement of safety to persons is important supporting
information for an application under Sec.  173.166(b)(1)(iv).
Additional supporting documentation may include written statements
confirming the use of the subject articles to enhance safety to persons
by manufacturers or modifiers of vehicles, vessels, or aircraft, and
statements of recognition from the insurance industry, other trade
associations, and/or government bodies that the subject articles are
recognized to enhance the safety to persons when used in vehicles,
vessels, or aircraft. This may include data that demonstrates the
devices have been used in foreign vehicle, vessels, or aircraft
applications to enhance safety to persons. Applicants' claims and
supporting documentation will be reviewed and verified by the Associate
Administrator during the evaluation and approval process.
    An article seeking the shipping description ``UN3268, Safety
devices, electrically initiated, 9,'' but that has not been tested and
demonstrated to enhance safety to persons when used in vehicles,
vessels, or aircraft, would not meet the Associate Administrator's
policy for shipping description ``UN3268, Safety devices, electrically
initiated, 9.'' In such a case, if the article

meets the definition of ``explosive'',\6\ the applicant must seek
approval under Sec.  173.56 to transport the article in accordance with
the procedures for the classification and approval of a new Class 1
explosive. If, after such approval is granted, the applicant can
demonstrate that the article is used in vehicles, vessels, or aircraft
to enhance safety to persons, then they may request that PHMSA apply
shipping description ``UN3268, Safety devices, electrically initiated,
9'' in accordance with the process described above.
---------------------------------------------------------------------------

    \6\ As defined in Sec.  173.50 an explosive means any substance
or article, including a device, which is designed to function by
explosion (i.e., an extremely rapid release of gas and heat) or
which, by chemical reaction within itself, is able to function in a
similar manner even if not designed to function by explosion, unless
the substance or article is otherwise classed under the provisions
of the HMR. The term includes a pyrotechnic substance or article,
unless the substance or article is otherwise classed under the
provisions of the HMR.

    Signed in Washington, DC, on October 6, 2022 under authority
delegated in 49 CFR 1.97.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2022-22200 Filed 10-12-22; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 80, Number 92 (Wednesday, May 13, 2015)]
[Notices]
[Pages 27336-27338]
[FR Doc No: 2015-11500]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2015-0001; Internal Agency Docket No. FEMA-B-1506]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Title
44, Part 65 of the Code of Federal Regulations (44 CFR part 65). The
LOMR will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report in effect prior to this determination for the listed
communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Mitigation reconsider the changes. The flood hazard
determination information may be changed during the 90-day period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository

address listed in the table below. Additionally, the current effective
FIRM and FIS report for each community are accessible online through
the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: April 22, 2015.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chief executive                         Online location of
        State and county           Location and Case       officer of         Community map        letter of map        Effective date of     Community
                                          No.               community          repository             revision             modification          No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
California:
    Alameda.....................  City of Alameda,     The Honorable       Public Works        http://                June 24, 2015........       060002
                                   (14-09-4034P).       Trish Herrera       Deparment, 950      www.msc.fema.gov/
                                                        Spencer, Mayor,     West Mall Square,   lomc..
                                                        City of Alameda,    Alameda, CA 94501.
                                                        City Hall, 2236
                                                        Santa Clara
                                                        Avenue, Alameda,
                                                        CA 94501.
    San Diego...................  City of San Marcos   The Honorable Jim   1 Civic Center      http://                July 13, 2015........       060296
                                   (14-09-3620P).       Desmond, Mayor,     Drive, San          www.msc.fema.gov/
                                                        City of San         Marcos, CA 920691   lomc..
                                                        Marcos, 1 Civic     Civic Center
                                                        Center Drive, San   Drive, San
                                                        Marcos, CA 92069.   Marcos, CA 92069.
Idaho:
    Valley......................  (Unincorporated      The Honorable       County Building     http://                July 10, 2015........       160220
                                   Areas) (15-10-       Gordon              Officials Office,   www.msc.fema.gov/
                                   0326P).              Cruickshank,        Courthouse Annex,   lomc..
                                                        Chairman, Valley    108 West Spring
                                                        County Board of     Street, Cascade,
                                                        Commissioners,      ID 84611.
                                                        219 North Main
                                                        Street, Cascade,
                                                        ID 83611.
Illinois:
    Adams.......................  City of Quincy (14-  The Honorable Kyle  Quincy City Hall,   http://                July 7, 2015.........       170003
                                   05-9237P).           Moore, Mayor,       730 Maine Street,   www.msc.fema.gov/
                                                        City of Quincy,     Quincy, IL 62301.   lomc..
                                                        730 Maine Street,
                                                        Quincy, IL 62301.
    Adams.......................  (Unincorporated      The Honorable Les   Adams County        http://                July 7, 2015.........       170001
                                   Areas) (14-05-       Post, Adams         Highway             www.msc.fema.gov/
                                   9237P).              County Chairman,    Department, 101     lomc..
                                                        101 North 54th      North 54th
                                                        Street, Quincy,     Street, Quincy,
                                                        IL 62305.           IL 62305.
    McHenry.....................  Village of           The Honorable       1515 West Channel   http://                July 14, 2015........       170486
                                   Johnsburg (14-05-    Edwin P.            Beach Avenue,       www.msc.fema.gov/
                                   5961P).              Hettermann,         Johnsburg, IL       lomc..
                                                        President,          60050.
                                                        Village of
                                                        Johnsburg, 1515
                                                        Channel Beach
                                                        Avenue,
                                                        Johnsburg, IL
                                                        60051.
Iowa:
    Black Hawk..................  City of Cedar Falls  The Honorable Jon   220 Clay Street,    http://                July 15, 2015........       190017
                                   (14-07-2387P).       Crews, Mayor,       220 Clay Street,    www.msc.fema.gov/
                                                        City of Cedar       IA 50613.           lomc..
                                                        Falls, 220 Clay
                                                        Street, Cedar
                                                        Falls, IA 50613.

    Poweshiek...................  (Unincorporated      The Honorable       PO Box 297, 4802    http://                July 16, 2015........       190902
                                   Areas) (15-07-       Lamoyne Gaard,      Barnes City Road,   www.msc.fema.gov/
                                   0505P).              Chairman,           Montezuma, IA       lomc..
                                                        Poweshiek County    50112.
                                                        Board of
                                                        Supervisors, 931
                                                        Summer Street,
                                                        Grinnell, IA
                                                        50112.
Ohio:
    Hocking.....................  City of Logan (14-   The Honorable J.    10 S. Mulberry      http://                July 13, 2015........       390274
                                   05-9281P).           Martin Irvine,      Street, Logan, OH   www.msc.fema.gov/
                                                        Mayor, City of      43138.              lomc..
                                                        Logan, 10 South
                                                        Mulberry Street,
                                                        Logan, OH 43138.
    Hocking.....................  (Unincorporated      Mr. Larry Dicken,   88 South Market     http://                July 13, 2015........       390272
                                   Areas) (14-05-       County              Street, Logan, OH   www.msc.fema.gov/
                                   9281P).              Commissioner,       43138.              lomc..
                                                        Hocking County, 1
                                                        East Main Street,
                                                        Logan, OH 43138.
    Warren......................  City of Mason (14-   The Honorable       6000 Mason-         http://                July 6, 2015.........       390559
                                   05-9134P).           David Nichols,      Montgomery Road,    www.msc.fema.gov/
                                                        Mayor, City of      Mason, OH 45040..   lomc.
                                                        Mason, 6000
                                                        Mason[dash]Montgo
                                                        mery Road, Mason,
                                                        OH 45040.
Massachusetts:
    Barnstable..................  Town of Barnstable   The Honorable       1019 Main Street,   http://                July 17, 2015........       250001
                                   (15-01-0831P).       Jessica Rapp        Branford, CT        www.msc.fema.gov/
                                                        Grassetti,          06405.              lomc.
                                                        Council
                                                        President,
                                                        Barnstable Town
                                                        Council,
                                                        Barnstable Town
                                                        Hall, 367 Main
                                                        Street, Hyannis,
                                                        MA 02601.
    Norfolk.....................  City of Quincy (15-  The Honorable       1305 Hancock        http://                July 17, 2015........       255219
                                   01-0275P).           Thomas P. Koch,     Street, Quincy,     www.msc.fema.gov/
                                                        Mayor, City of      MA 02169..          lomc.
                                                        Quincy, Quincy
                                                        City Hall, 1305
                                                        Hancock Street,
                                                        Quincy, MA 02169..
Wisconsin:
    Washington..................  (Unincorporated      The Honorable       432 East            http://                July 1, 2015.........       550471
                                   Areas) (15-05-       Herbert J.          Washington          www.msc.fema.gov/
                                   0254P).              Tennies,            Street, West        lomc..
                                                        Chairperson,        Bend, WI 53095.
                                                        Washington
                                                        County,
                                                        Courthouse
                                                        Government
                                                        Center, 432 East
                                                        Washington
                                                        Street, Suite
                                                        3029, West Bend,
                                                        WI 53095.
    Washington..................  Village of Newburg   The Honorable       614 Main Street,    http://                July 1, 2015.........       550056
                                   (15-05-0254P).       William R.          Newburg, WI 53060.  www.msc.fema.gov/
                                                        Sackett,                                lomc..
                                                        President,
                                                        Village of
                                                        Newburg, Post
                                                        Office Box 50,
                                                        614 Main Street,
                                                        Newburg, WI 53060.
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[FR Doc. 2015-11500 Filed 5-12-15; 8:45 am]
 BILLING CODE 9110-12-P