General Motors LLC, Withdrawal of Petition To Amend Takata DIR Schedule, 84692-84693 [2016-28227]

Download as PDF 84692 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices vii. Law, such as a lawyer or attorney, or working at a law firm, or in the legal profession viii. The federal, state, or county Departments of Transportation Æ Be excluded if anyone in their immediate family has been a victim of drunk driving, or if they personally know someone that has been a victim. Estimated Number of Respondents: 600. Estimated Time per Response: Completion of the eligibility interview is expected to take 15 minutes. Following the eligibility/demographic interview, 480 of the 600 initial participants are expected to attend a one- (1) hour orientation session and participate in the FOT. On a given test day, the DADSS FOT will require four (4) hours per day, including a post-test day interview. Estimated Total Annual Burden: Fifteen (15) minutes for each ineligible participant and 241 hours per participant (115,830 hours total). Estimated Frequency: One (1) time for the eligibility interview and 60 times (days) for the DADSS–FOT and post-test day interviews. TABLE 1—ESTIMATED BURDEN HOURS Instrument Number of individuals Frequency of responses Number of questions Estimated individual burden Total estimated burden hours Total cost of burden hours over 24-month study period Eligibility/Demographic Interview. Orientation ............................... FOT including post-test questions. 600 1 ....................... 32 ................... 15 min ............ 150 hr * $1,087.50 480 480 1 ....................... 650 tests per participant. N/A ................. 8 (post-testday questions). 1 hr ................. 4 hr/day for 60 days. 480 115,200 ** 9,360.00 ** 2,246,400.00 TOTAL .............................. ........................ ........................... ........................ ........................ 115,830 hr 2,258,685.00 * Interviewees will not be compensated for the eligibility/demographic interview, but we calculate the estimated burden hour cost to the public using the prevailing Federal minimum wage rate of $7.25/hour. ** Participants in the FOT will be compensated $19.50 per hour for their time in the orientation and the FOT study and this rate was used to calculate their burden hours. Authority: The Paperwork Reduction Act of 1995, 44. U.S.C. Chapter 35, as amended; 5 CFR part 1320; and 49 CFR 1.95. December 31, 2017. GM has since withdrawn this petition. FOR FURTHER INFORMATION CONTACT: Elizabeth Mykytiuk, Office of the Chief Counsel, National Highway Traffic Safety Administration, at (202) 366– 2992. Nathaniel Beuse, Associate Administrator for Vehicle Safety Research. [FR Doc. 2016–28151 Filed 11–22–16; 8:45 am] BILLING CODE 4910–59–P SUPPLEMENTARY INFORMATION: I. Background DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2016–0098; Notice 2] General Motors LLC, Withdrawal of Petition To Amend Takata DIR Schedule National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice of petition mootness. AGENCY: General Motors, LLC (GM) petitioned the Agency to alter the Part 573 defect information report (DIR) filing schedule set forth in paragraph 14 of the May 4, 2016 Amendment to November 3, 2015 Consent Order between NHTSA and TK Holdings Inc. (Takata). More specifically, GM requested that NHTSA modify the DIR schedule with respect to certain GMbranded motor vehicles to defer the filing date from December 31, 2016 to mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:04 Nov 22, 2016 Jkt 241001 On May 4, 2016, NHTSA issued, and Takata agreed to, an Amendment to the November 3, 2015 Consent Order (the ‘‘Amendment’’), under which Takata is bound to declare a defect in all frontal driver and passenger inflators that contain a phase-stabilized ammonium nitrate (PSAN)-based propellant and do not contain a moisture-absorbing desiccant. Such defect declarations are to be made on a rolling basis. See Amendment at ¶ 14. Takata timely submitted the first scheduled DIR on May 16, 2016. See Recall Nos. 16E–042, 16E–043, and 16E–044. The next scheduled DIR is due to be filed by Takata on December 31, 2016. That second DIR is expected to include passenger inflators installed as original equipment on certain motor vehicles manufactured by GM (the ‘‘covered passenger inflators’’), as well as inflators installed as original equipment on motor vehicles manufactured by a number of other automakers, which are not at issue here. The Takata filing of the second DIR will trigger GM’s PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 obligation to file a DIR for affected GM vehicles. See 49 CFR part 573; Amendment at ¶ 16; November 3, 2015 Coordinated Remedy Order at ¶ 46.1 Paragraph 17 of the Amendment sets forth the following procedure under which the DIR schedule may be modified or amended: Based on the presentation of additional test data, analysis, or other relevant and appropriate evidence, by Takata, an automobile manufacturer, or any other credible source, NHTSA may, after consultation with Takata, alter the schedule set forth in Paragraph 14 to modify or amend a DIR or to defer certain inflator types or vehicles, or a portion thereof, to a later DIR filing date. Any such evidence must be submitted to NHTSA no later than onehundred-twenty (120) days before the relevant DIR filing date. This paragraph applies only to the DIRs scheduled to be issued on or after December 31, 2016 under the schedule established by Paragraph 14 of this Amendment. On July 22, 2016, NHTSA issued Enforcement Guidance Bulletin 2016–03 to inform the public of the process and procedure the Agency had established in connection with paragraph 17, as well as the standards and criteria that would guide Agency decision-making. See 81 FR 47854. Therein, the Agency stated that it may grant a petition to modify or amend the DIR schedule ‘‘if 1 Under 49 CFR 573.5(a), a vehicle manufacturer is responsible for any safety-related defect determined to exist in any item of original equipment. E:\FR\FM\23NON1.SGM 23NON1 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices mstockstill on DSK3G9T082PROD with NOTICES the Agency finds that the written data, information, and arguments regarding the petition and other available information demonstrate, by a preponderance of the evidence, that either: (i) There has not yet been, nor will be for some period of years in the future, sufficient propellant degradation to render the inflators contained in the particular class of vehicles unreasonably dangerous in terms of susceptibility to rupture; or (ii) the service life expectancy of the inflators installed in the particular class of vehicles is sufficiently long that they will not pose an unreasonable risk to motor vehicle safety if recalled at a later date.’’ Id. at 47856. The Agency also clarified that the paragraph 17 petition process could not be used to expedite or expand the DIR schedule, or to eliminate a population of vehicles from the recall altogether. Id. On September 2, 2016, GM filed a petition pursuant to paragraph 17 of the Amendment and Enforcement Guidance Bulletin 2016–03. Therein, GM requested that NHTSA modify the DIR schedule to defer the inclusion of certain GM passenger-side inflators from December 31, 2016 to December 31, 2017. See General Motors LLC’s Petition to Amend Takata DIR Schedule. Notice of receipt of GM’s petition was published in the Federal Register, and a public comment period commenced on September 20, 2016 (81 FR 64575). Six comments were received, including one comment from GM that, after further consideration, it would withdraw the petition and will instead address the subject population through an alternative procedure. See Letter from Jeffrey Boyer to Jeffrey Giuseppe (Nov. 15, 2016). To view the petition and all supporting documents visit the Federal Docket Management System Web site at: http://www.regulations.gov. Then, follow the online search instructions to locate docket number ‘‘NHTSA–2016–0098.’’ VerDate Sep<11>2014 18:04 Nov 22, 2016 Jkt 241001 II. NHTSA’s Decision Petitions filed under Paragraph 17 are actionable by the Agency only so long as they are submitted and maintained by the petitioner. In its comment to the petition, GM explained that it was withdrawing the petition and that it will address the subject vehicle population through an alternative procedure. See Boyer Letter (Nov. 15, 2016). Because GM has withdrawn its petition to defer the inclusion of the covered passenger inflators in the Takata equipment DIR, that petition is moot and no further action on the petition is warranted. Therefore, the DIR schedule set forth in Paragraph 14 of the Amendment is unchanged. The covered passenger inflators shall be included in Takata’s equipment DIR submission due on December 31, 2016. See 49 CFR part 573; Amendment at ¶ 16; November 3, 2015 Coordinated Remedy Order at ¶ 46. Authority: 49 U.S.C. 30101, et seq., 30118, 30162, 30166(b)(1), 30166(g)(1); delegation of authority at 49 CFR 1.95(a); 49 CFR parts 573, 577. Issued: November 17, 2016. Michael L. Brown, Acting Director, Office of Defect Investigations. BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Unblocking of Specially Designated National and Blocked Person Pursuant to Executive Order 13391 Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The Treasury Department’s Office of Foreign Assets Control (OFAC) is publishing the name of one individual whose property and interests PO 00000 Frm 00147 Fmt 4703 Sfmt 9990 in property have been unblocked pursuant to Executive Order 13391 of November 22, 2005, ‘‘Blocking Property of Additional Persons Undermining Democratic Processes or Institutions in Zimbabwe.’’ OFAC’s actions described in this notice are effective as of November 18, 2016. DATES: FOR FURTHER INFORMATION CONTACT: Associate Director for Global Targeting, tel.: 202/622–2420, Assistant Director for Sanctions Compliance & Evaluation, tel.: 202/622–2490, Assistant Director for Licensing, tel.: 202/622–2480, Office of Foreign Assets Control, or Chief Counsel (Foreign Assets Control), tel.: 202/622–2410 (not toll free numbers). SUPPLEMENTARY INFORMATION: Electronic Availability The list of Specially Designated Nationals and Blocked Persons (SDN List) and additional information concerning OFAC sanctions programs are available from OFAC’s Web site (www.treasury.gov/ofac). Notice of OFAC Actions [FR Doc. 2016–28227 Filed 11–22–16; 8:45 am] SUMMARY: 84693 On November 18, 2016, OFAC, in consultation with the U.S. Department of State, removed from the SDN List the individual listed below, whose property and interests in property were blocked pursuant to Executive Order 13391 (E.O. 13391). 1. NGUNI, Sylvester Robert; DOB 04 May 1955; Passport ZE215371 (Zimbabwe); Deputy Minister of Agriculture (individual) [ZIMBABWE— E.O. 13391]. Dated: November 18, 2016. John E. Smith, Acting Director, Office of Foreign Assets Control. [FR Doc. 2016–28248 Filed 11–22–16; 8:45 am] BILLING CODE 4810–AL–P E:\FR\FM\23NON1.SGM 23NON1

Agencies

[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84692-84693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28227]


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 DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0098; Notice 2]


General Motors LLC, Withdrawal of Petition To Amend Takata DIR 
Schedule

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

ACTION: Notice of petition mootness.

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

SUMMARY: General Motors, LLC (GM) petitioned the Agency to alter the 
Part 573 defect information report (DIR) filing schedule set forth in 
paragraph 14 of the May 4, 2016 Amendment to November 3, 2015 Consent 
Order between NHTSA and TK Holdings Inc. (Takata). More specifically, 
GM requested that NHTSA modify the DIR schedule with respect to certain 
GM-branded motor vehicles to defer the filing date from December 31, 
2016 to December 31, 2017. GM has since withdrawn this petition.

FOR FURTHER INFORMATION CONTACT: Elizabeth Mykytiuk, Office of the 
Chief Counsel, National Highway Traffic Safety Administration, at (202) 
366-2992.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 4, 2016, NHTSA issued, and Takata agreed to, an Amendment to 
the November 3, 2015 Consent Order (the ``Amendment''), under which 
Takata is bound to declare a defect in all frontal driver and passenger 
inflators that contain a phase-stabilized ammonium nitrate (PSAN)-based 
propellant and do not contain a moisture-absorbing desiccant. Such 
defect declarations are to be made on a rolling basis. See Amendment at 
] 14. Takata timely submitted the first scheduled DIR on May 16, 2016. 
See Recall Nos. 16E-042, 16E-043, and 16E-044. The next scheduled DIR 
is due to be filed by Takata on December 31, 2016. That second DIR is 
expected to include passenger inflators installed as original equipment 
on certain motor vehicles manufactured by GM (the ``covered passenger 
inflators''), as well as inflators installed as original equipment on 
motor vehicles manufactured by a number of other automakers, which are 
not at issue here. The Takata filing of the second DIR will trigger 
GM's obligation to file a DIR for affected GM vehicles. See 49 CFR part 
573; Amendment at ] 16; November 3, 2015 Coordinated Remedy Order at ] 
46.\1\
---------------------------------------------------------------------------

    \1\ Under 49 CFR 573.5(a), a vehicle manufacturer is responsible 
for any safety-related defect determined to exist in any item of 
original equipment.
---------------------------------------------------------------------------

    Paragraph 17 of the Amendment sets forth the following procedure 
under which the DIR schedule may be modified or amended:

    Based on the presentation of additional test data, analysis, or 
other relevant and appropriate evidence, by Takata, an automobile 
manufacturer, or any other credible source, NHTSA may, after 
consultation with Takata, alter the schedule set forth in Paragraph 
14 to modify or amend a DIR or to defer certain inflator types or 
vehicles, or a portion thereof, to a later DIR filing date. Any such 
evidence must be submitted to NHTSA no later than one-hundred-twenty 
(120) days before the relevant DIR filing date. This paragraph 
applies only to the DIRs scheduled to be issued on or after December 
31, 2016 under the schedule established by Paragraph 14 of this 
Amendment.

    On July 22, 2016, NHTSA issued Enforcement Guidance Bulletin 2016-
03 to inform the public of the process and procedure the Agency had 
established in connection with paragraph 17, as well as the standards 
and criteria that would guide Agency decision-making. See 81 FR 47854. 
Therein, the Agency stated that it may grant a petition to modify or 
amend the DIR schedule ``if

[[Page 84693]]

the Agency finds that the written data, information, and arguments 
regarding the petition and other available information demonstrate, by 
a preponderance of the evidence, that either: (i) There has not yet 
been, nor will be for some period of years in the future, sufficient 
propellant degradation to render the inflators contained in the 
particular class of vehicles unreasonably dangerous in terms of 
susceptibility to rupture; or (ii) the service life expectancy of the 
inflators installed in the particular class of vehicles is sufficiently 
long that they will not pose an unreasonable risk to motor vehicle 
safety if recalled at a later date.'' Id. at 47856. The Agency also 
clarified that the paragraph 17 petition process could not be used to 
expedite or expand the DIR schedule, or to eliminate a population of 
vehicles from the recall altogether. Id.
    On September 2, 2016, GM filed a petition pursuant to paragraph 17 
of the Amendment and Enforcement Guidance Bulletin 2016-03. Therein, GM 
requested that NHTSA modify the DIR schedule to defer the inclusion of 
certain GM passenger-side inflators from December 31, 2016 to December 
31, 2017. See General Motors LLC's Petition to Amend Takata DIR 
Schedule.
    Notice of receipt of GM's petition was published in the Federal 
Register, and a public comment period commenced on September 20, 2016 
(81 FR 64575). Six comments were received, including one comment from 
GM that, after further consideration, it would withdraw the petition 
and will instead address the subject population through an alternative 
procedure. See Letter from Jeffrey Boyer to Jeffrey Giuseppe (Nov. 15, 
2016). To view the petition and all supporting documents visit the 
Federal Docket Management System Web site at: http://www.regulations.gov. Then, follow the online search instructions to 
locate docket number ``NHTSA-2016-0098.''

II. NHTSA's Decision

    Petitions filed under Paragraph 17 are actionable by the Agency 
only so long as they are submitted and maintained by the petitioner. In 
its comment to the petition, GM explained that it was withdrawing the 
petition and that it will address the subject vehicle population 
through an alternative procedure. See Boyer Letter (Nov. 15, 2016).
    Because GM has withdrawn its petition to defer the inclusion of the 
covered passenger inflators in the Takata equipment DIR, that petition 
is moot and no further action on the petition is warranted. Therefore, 
the DIR schedule set forth in Paragraph 14 of the Amendment is 
unchanged. The covered passenger inflators shall be included in 
Takata's equipment DIR submission due on December 31, 2016. See 49 CFR 
part 573; Amendment at ] 16; November 3, 2015 Coordinated Remedy Order 
at ] 46.

    Authority: 49 U.S.C. 30101, et seq., 30118, 30162, 30166(b)(1), 
30166(g)(1); delegation of authority at 49 CFR 1.95(a); 49 CFR parts 
573, 577.

    Issued: November 17, 2016.
Michael L. Brown,
Acting Director, Office of Defect Investigations.
[FR Doc. 2016-28227 Filed 11-22-16; 8:45 am]
 BILLING CODE 4910-59-P