80_FR_32305 80 FR 32197 - Notice of Coordinated Remedy Program Proceeding for the Replacement of Certain Takata Air Bag Inflators

80 FR 32197 - Notice of Coordinated Remedy Program Proceeding for the Replacement of Certain Takata Air Bag Inflators

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 108 (June 5, 2015)

Page Range32197-32200
FR Document2015-13756

In order to prioritize, organize, and phase multiple recalls to remedy defective Takata frontal air bag inflators, the National Highway Traffic Safety Administration (``NHTSA'') is opening proceedings, including a public docket..NHTSA is considering issuing one or more administrative orders that would coordinate remedy programs associated with defective Takata air bag inflators. Coordination of the remedy programs may include, among other things, ``acceleration,'' prioritization, organization, and/or phasing of some or all such air bag inflator remedy programs. It may further include coordination as to air bag inflator sourcing, production, allocation, delivery, installation, and adequacy of the remedy. This notice explains events leading to today's action and NHTSA's authority to open such a proceeding. It also describes some of the issues that the agency anticipates considering in the proceeding and information the agency requests from commenters as part of such a proceeding.

Federal Register, Volume 80 Issue 108 (Friday, June 5, 2015)
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Pages 32197-32200]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13756]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0055]


Notice of Coordinated Remedy Program Proceeding for the 
Replacement of Certain Takata Air Bag Inflators

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

ACTION: Notice.

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

SUMMARY: In order to prioritize, organize, and phase multiple recalls 
to remedy defective Takata frontal air bag inflators, the National 
Highway Traffic Safety Administration (``NHTSA'') is opening 
proceedings, including a public docket..NHTSA is considering issuing 
one or more administrative orders that would coordinate remedy programs 
associated with defective Takata air bag inflators. Coordination of the 
remedy programs may include, among other things, ``acceleration,'' 
prioritization, organization, and/or phasing of some or all such air 
bag inflator remedy programs. It may further include coordination as to 
air bag inflator sourcing, production, allocation, delivery, 
installation, and adequacy of the remedy. This notice explains events 
leading to today's action and NHTSA's authority to open such a 
proceeding. It also describes some of the issues that the agency 
anticipates considering in the proceeding and information the agency 
requests from commenters as part of such a proceeding.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery or Courier: U.S. Department of 
Transportation, West Building Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590 between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Regardless of how you submit your comments, you should mention the 
docket number of this document.
    You may call the Docket at 202-366-9324.
    Note that all comments received will be posted without change to 
http://www.regulations.gov, including any personal information 
provided.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, Scott Yon, 
Office of Defects Investigation, National Highway Traffic Safety 
Administration (telephone: 202-366-0139); for legal issues, Arija 
Flowers, Office of the Chief Counsel, NCC-111, National Highway Traffic 
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 
(telephone: 202-366-8714). Information regarding NHTSA's investigation 
into Takata Air Bag Inflator ruptures is available on

[[Page 32198]]

NHTSA's Web site at: http://www.safercar.gov/rs/takata/index.html.

SUPPLEMENTARY INFORMATION: To mitigate and control the risk of serious 
injury or death due to an air bag inflator rupture, and to ensure that 
all affected vehicles in the United States are equipped with safe air 
bags as quickly as possible, NHTSA is considering exercising its 
authority under the National Traffic and Motor Vehicle Safety Act of 
1966, as amended and recodified (the ``Safety Act''), 49 U.S.C. 30101, 
et seq., to provide national-level leadership and to facilitate the 
prioritization, organization, and phasing of the remedy programs of TK 
Holdings, Inc. (``Takata'') and all vehicle manufacturers having 
recalled, defective Takata frontal air bag inflators. This includes the 
remedy programs of BMW of North America, LLC (``BMW''), Chrysler Group, 
LLC (``Chrysler''), Ford Motor Company (``Ford''), General Motors, LLC 
(``GM''), American Honda Motor Company (``Honda''), Mazda North 
American Operations (``Mazda''), Mercedes-Benz, LLC--DBA Sprinter (``M-
B Sprinter'') (as to Sprinter Vans only), Mitsubishi Motors North 
America, Inc. (``Mitsubishi''), Nissan North America, Inc. 
(``Nissan''), Subaru of America, Inc. (``Subaru''), and Toyota Motor 
Engineering and Manufacturing (``Toyota'') (collectively, the 
``Manufacturers'').

I. The Reasons for a Coordinated Remedy

    The number of recalled air bag inflators and impacted vehicles and 
manufacturers, in combination with the supply issues related to these 
air bag recalls, presents an unprecedented level of complexity to the 
recall and remedy process. As of the date of this Federal Register 
Notice, these recalls of defective Takata air bag inflators constitute 
the largest Safety Act recall in NHTSA's history, and one of the 
largest consumer product recalls in United States history, with 
approximately 34 million air bag inflators currently requiring 
replacement. The risk of harm presented by the defective Takata air bag 
inflators transcends the scope of the usual Safety Act recall. 
Accordingly, NHTSA is hereby opening a coordinated remedy program 
proceeding.
    Each of the Manufacturers, with the exception of M-B Sprinter, has 
previously elected a remedy program of repair for at least some of 
their affected vehicles (specifically, for vehicles that were covered 
by prior Manufacturer recalls). See 49 U.S.C. 30120(a)(1)(A). These 
remedy programs are individual to each of the Manufacturers, creating a 
patch-work solution that NHTSA believes may not adequately address the 
safety risks presented by the defective Takata air bag inflators within 
a reasonable time. Based on the currently available data, these recalls 
involve varying levels of risk of harm which must be mitigated and 
controlled: The risk of the air bag inflator rupturing when the air bag 
is inflated, which may result in serious injury or death to vehicle 
occupants without prior warning.
    Specifically, NHTSA is issuing this notice pursuant to its 
authority under the Safety Act to ``accelerate'' remedy programs, 49 
U.S.C. 30120(c)(3) and 49 CFR 573.14, to inspect and investigate, 49 
U.S.C. 30166(b)(1), to ensure that defective vehicles and equipment are 
recalled and remedied, 49 U.S.C. 30118 through 30120, and to ensure 
that the remedy for the defect is adequate, 49 U.S.C. 30120, as 
delegated by the Secretary of Transportation (``the Secretary''), 49 
CFR 1.95 and 501.2(a)(1). Given the severity of the possible harm, 
variable nature of the risk of harm to be mitigated and controlled, 
unprecedented number of vehicles and entities affected, and imperative 
for public confidence in the safety of their vehicle air bags, NHTSA is 
therefore opening a public proceeding, including a public docket, to 
investigate challenges and solutions related to the Takata air bag 
inflator recalls and to gather public comments on those issues.
    NHTSA also anticipates collaborating in this proceeding with other 
Tier One inflator suppliers, which may include ARC Automotive, Inc. 
(``ARC''), Autoliv Americas (``Autoliv''), Key Safety Systems (``Key 
Safety''), Toyoda Gosei North America Corporation (``Toyoda''), TRW 
Automotive (``TRW''), and Special Devices, Inc./Daicel Group 
(``Daicel'') (collectively, the ``Suppliers'') to craft solutions that 
further mitigate and control the risk of harm by ensuring safe air bags 
in every motor vehicle in the United States.

II. Background on Defective Takata Frontal Air Bag Inflators

    The first recall involving a rupturing Takata driver side frontal 
air bag inflator was initiated by Honda on November 11, 2008, and was 
designated by NHTSA as Recall No. 08V-593. At that time, the defect was 
thought to be the result of a specific manufacturing issue involving 
one of the propellant presses at Takata's Moses Lake, Washington plant. 
Due to various discrepancies in Takata's recordkeeping for the affected 
parts, Honda had to expand the scope of the recall several times 
between 2009 and 2011. Those recall expansions were designated by NHTSA 
as Recall Nos. 09V-259, 10V-041, and 11V-260.
    The first recall involving a rupturing Takata passenger side 
frontal air bag inflator was initiated by Takata on April 11, 2013, and 
involved the following vehicle manufacturers: BMW, Honda, Mazda, 
Nissan, and Toyota. The various recall submissions were designated by 
NHTSA as Recall Nos. 13E-017, 13V-130, 13V-132, 13V-133, 13V-136, and 
13V-172. At that time, the defect was thought to be the result of two 
specific manufacturing issues--(1) The possibility that the auto-reject 
function on the propellant press had been manually disabled, and (2) 
the possibility that certain propellant lots were exposed to 
uncontrolled moisture conditions at Takata's Monclova, Mexico plant.
    Between August 2013 and April 2014, NHTSA received three Vehicle 
Owner Questionnaires (VOQs) that alleged air bag inflator ruptures in 
vehicle populations outside the scope of the prior driver side and 
passenger side frontal air bag recalls. In late-May 2014, Takata 
confirmed the three ruptures with NHTSA's Office of Defects 
Investigation (ODI), and notified ODI of an additional three ruptures 
(for a total of six rupture incidents between August 2013 and May 
2014). On June 10, 2014, NHTSA convened a conference call, after which 
Takata and the affected vehicle manufacturers agreed to initiate 
regional parts collection campaigns in Florida, Hawaii, Puerto Rico, 
and the U.S. Virgin Islands. The initial data underlying these regional 
actions indicated that certain Takata frontal air bag inflators in 
regions prone to long-term high absolute humidity and temperatures pose 
a safety risk.
    On June 11, 2014, NHTSA opened a preliminary evaluation, PE14-016, 
to investigate the six identified rupture incidents involving driver 
side and passenger side frontal air bag inflators manufactured by 
Takata. (PE14-016 was later upgraded to an engineering analysis, EA15-
001, on February 24, 2015.)
    During the period of October through December 2014, service 
campaigns related to the passenger side frontal air bags were converted 
to recalls and the geographic scope was expanded, though still limited 
to certain regions with higher levels of absolute humidity and high 
temperatures. Also during this period, NHTSA sent letters to Takata and 
the Manufacturers (except M-B Sprinter, whose air bag inflators were 
not then identified as having any defect) regarding their efforts and 
abilities, individually, to accelerate the supply of

[[Page 32199]]

replacement air bags and emphasizing the importance of their continued 
efforts to promptly and effectively remedy the serious safety risk 
posed to consumers by the defective Takata air bag inflators. Further, 
as part of its ongoing investigation and oversight of the defective 
Takata frontal air bag inflators, NHTSA issued a pair of Special Orders 
to Takata on October 30, and November 18, 2014, a Special Order to 
Honda on November 5, 2014, and General Orders to BMW, Chrysler, Ford, 
GM, Honda, Mazda, Mitsubishi, Nissan, Subaru, and Toyota on November 
18, 2014.
    Also on November 18, 2014, NHTSA publicly demanded that the five 
auto manufacturers with affected driver side frontal air bag inflators 
expand their regional campaigns and conduct a nationwide recall of 
vehicles equipped with the subject driver side frontal air bag 
inflators. This decision was based on, among other things, the agency's 
evaluation of a recent driver side frontal air bag failure in a vehicle 
outside the current regional recall area, and its relationship to five 
previous driver side frontal air bag inflator ruptures. Beginning in 
December 2014, BMW, Chrysler, Ford, Honda and Mazda initiated national 
service campaigns or safety improvement campaigns on vehicles with 
these driver side frontal air bag inflators.
    On November 26, 2014, NHTSA demanded that Takata conduct a national 
recall of driver side frontal air bag inflators. In a response dated 
December 2, 2014, Takata declined to do so. Despite Takata's response, 
NHTSA continued insisting that Takata conduct a national recall.
    On May 18, 2015, at NHTSA's urging, Takata filed four Defect 
Information Reports (``DIR's'') pursuant to 49 CFR 573.6. In those 
DIR's, Takata determined that a defect exists in certain models of 
frontal air bag inflators (specifically, the PSDI, PSDI-4, PSDI-4K, 
SPI, PSPI and PSPI-L).
    As of May 27, 2015, ruptured Takata air bag inflators allegedly 
resulting in death or injury have been confirmed in 95 incidents in the 
United States. Many of these incidents resulted in serious injury to 
vehicle occupants. In five of the incidents, the vehicle's driver died, 
allegedly as a result of injuries sustained from the rupture of the air 
bag inflator. In other incidents, vehicle occupants allegedly suffered 
injuries including cuts or lacerations to the face or neck, broken or 
fractured facial bones, loss of eyesight, broken teeth, and traumatic 
brain injury.

III. Coordinated Remedy Program Proceeding

    The Safety Act requires manufacturers to remedy safety-related 
defects in motor vehicles. 49 U.S.C. 30120(a). The remedy must be 
adequate to protect the American public from the safety risk posed by 
the defect. 49 U.S.C. 30120(c). Manufacturers are required to notify 
both the Secretary and vehicle owners of safety related defects, 49 
U.S.C. 30118, including procedures for owners to follow to have the 
safety-related defect remedied, 49 U.S.C. 30119. The Safety Act also 
authorizes the Secretary to conduct investigations to enforce the 
Safety Act, 49 U.S.C. 30166(b)(1), issue general and special orders 
(responses to which are compulsory), hold hearings, and take testimony, 
49 U.S.C. 30166(g)(1). If the Secretary determines that a 
manufacturer's remedy program is not likely to be capable of completion 
within a reasonable time, the Secretary may require the manufacturer to 
``accelerate'' the remedy program if the Secretary finds that there is 
a risk of serious injury or death if the remedy program is not 
accelerated, and that acceleration of the remedy program can be 
reasonably achieved by expanding the sources of replacement parts, 
expanding the number of authorized repair facilities, or both. 49 
U.S.C. 30120(c)(3). The Secretary has delegated his authorities under 
the Safety Act, including each of the above, to the NHTSA 
Administrator, 49 CFR 1.95(a) and 501.2(a)(1). Accordingly, NHTSA is 
opening this coordinated remedy proceeding to investigate issues 
related to the remedy of defective Takata frontal air bag inflators and 
to coordinate remedy programs, if and as appropriate based upon the 
findings of the proceeding.
    As an initial matter, NHTSA seeks a full, open, and collaborative 
process, without compromising NHTSA's objectives of safety, that 
facilitates thoughtful problem-solving and engages all regulated 
entities in developing and implementing solutions to this significant 
safety risk. For example, NHTSA anticipates that it will collaborate 
with the Manufacturers, gathering information and data from each 
Manufacturer regarding, among other things, information related to 
production of replacement frontal air bag inflators and their 
distribution. Upon receipt, public versions of all responses to NHTSA's 
requests will be posted to this docket.
    NHTSA also anticipates engaging the Suppliers in a cooperative, 
collaborative process seeking, among other things, information related 
to current production capabilities, possible enhanced production 
capabilities in the future, and any challenges to quickly increasing 
production of these specific parts. This process will involve 
requesting specific information from Suppliers and engaging in candid, 
thoughtful dialogue with Suppliers.
    NHTSA further anticipates significant industry outreach to 
facilitate the forging of collaborative partnerships. Among other 
approaches, NHTSA anticipates convening one or more meetings, 
individually and/or in groups, with Takata, Manufacturers, Suppliers, 
and/or others to candidly discuss the challenges these industries are 
facing and, again, work collaboratively to create solutions that 
further mitigate and control the risk of harm presented by defective 
Takata air bag inflators and the challenges to achieving a satisfactory 
recall/remedy completion rate. Further, NHTSA may decide to hold a 
public hearing and, if so, NHTSA will provide information on the scope, 
date, time, and location of, and how to participate in, such a hearing 
in a subsequent Federal Register Notice.

IV. NHTSA's Request for Public Comments

    While NHTSA will request certain information from Takata, 
Manufacturers, Suppliers, and other regulated entities in this 
proceeding, NHTSA also seeks comments from the public. NHTSA requests 
comments regarding, among other things, how NHTSA can most effectively 
exercise its authority with respect to prioritizing, organizing, and 
phasing recall and remedy programs involving the defective Takata 
frontal air bag inflators as described above, and methods for ensuring 
that Manufacturers and Takata achieve satisfactory recall/remedy 
completion rates.
    NHTSA also requests comments on how Takata, Manufacturers, 
Suppliers, and other regulated entities would comply with one or more 
administrative orders that NHTSA may issue at the conclusion of this 
proceeding, upon consideration of the relevant data, facts found, and 
choices made. NHTSA is further requesting comments on the possible 
terms of any such order(s). In particular, NHTSA requests comments 
relating to (1) whether, and how, NHTSA should order Takata and/or 
other regulated entities to source replacement parts for Manufacturers, 
(2) whether, and how, NHTSA should issue an accelerated remedy 
directive to Takata and/or some (or all) Manufacturers, (3) whether, 
and how, NHTSA should order Takata and/or Manufacturers to prioritize 
certain

[[Page 32200]]

vehicles or certain regions in its allocation of replacement parts, (4) 
whether, and how, NHTSA should order a replacement schedule for 
replacement frontal inflators/air bags if Takata and/or Manufacturers 
cannot provide assurances for the ongoing safety of the inflators, and 
(5) whether, and how, NHTSA should order additional authorized repair 
facilities, or any other regulated entity, to aid Takata and/or 
Manufacturers in timely completing remedy programs.

    Authority: 49 U.S.C. 30101, et seq., 30118-30120, 30120(c)(3), 
30166(b)(1), 30166(g)(1); 49 CFR 573.6, 573.14; delegations of 
authority at 49 CFR 1.95(a), 501.2(a)(1).

    Issued: June 1, 2015.
Mark R. Rosekind,
Administrator.
[FR Doc. 2015-13756 Filed 6-4-15; 8:45 am]
 BILLING CODE 4910-59-P



                                                                                     Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices                                            32197

                                                    apportionment formula that are used to                    Respondents: State governments of                    remedy defective Takata frontal air bag
                                                    distribute Federal-Aid Highway Funds.                   the 50 States, the District of Columbia                inflators, the National Highway Traffic
                                                    The data are published annually in the                  the Commonwealth of Puerto Rico.                       Safety Administration (‘‘NHTSA’’) is
                                                    FHWA’s Highway Statistics.                                Estimated Average Burden per                         opening proceedings, including a public
                                                    Information from Highway Statistics is                  Response: The estimated average burden                 docket..NHTSA is considering issuing
                                                    used in the joint FHWA and Federal                      per response for the annual collection                 one or more administrative orders that
                                                    Transit Administration required                         and processing of the HPMS data is                     would coordinate remedy programs
                                                    biennial report to Congress, Status of the              1,440 hours for each State, the District               associated with defective Takata air bag
                                                    Nation’s Highways, Bridges, and                         of Columbia and the Commonwealth of                    inflators. Coordination of the remedy
                                                    Transit: Conditions and Performance,                    Puerto Rico.                                           programs may include, among other
                                                    which contrasts present status to future                  Estimated Total Annual Burden: The                   things, ‘‘acceleration,’’ prioritization,
                                                    investment needs.                                       estimated total annual burden for all                  organization, and/or phasing of some or
                                                       Respondents: State and local                         respondents is 74,880 hours.                           all such air bag inflator remedy
                                                    governments of the 50 States, the                       FOR FURTHER INFORMATION CONTACT: Mr.                   programs. It may further include
                                                    District of Columbia, the                               Robert Rozycki, (202) 366–5059,                        coordination as to air bag inflator
                                                    Commonwealth of Puerto Rico, Guam,                      Department of Transportation, Federal                  sourcing, production, allocation,
                                                    American Samoa, the Northern                            Highway Administration, Highway                        delivery, installation, and adequacy of
                                                    Marianas, and the Virgin Islands share                  Systems Performance (HPPI–20), Office                  the remedy. This notice explains events
                                                    this burden.                                            of Highway Policy Information, Office of               leading to today’s action and NHTSA’s
                                                                                                            Policy & Governmental Affairs, 1200                    authority to open such a proceeding. It
                                                       Estimated Average Burden per
                                                                                                            New Jersey Avenue SE., Washington,                     also describes some of the issues that
                                                    Response: The estimated average
                                                                                                            DC 20590. Office hours are from 7:30                   the agency anticipates considering in
                                                    reporting burden per response for the
                                                                                                            a.m. to 4 p.m., Monday through Friday,                 the proceeding and information the
                                                    annual collection and processing of the
                                                                                                            except Federal holidays.                               agency requests from commenters as
                                                    data is 754 hours for each of the States
                                                    (including local governments), the                      Public Comments Invited                                part of such a proceeding.
                                                    District of Columbia, the                                                                                      ADDRESSES: You may submit comments
                                                                                                              You are asked to comment on any
                                                    Commonwealth of Puerto Rico, Guam,                      aspect of these information collections,               to the docket number identified in the
                                                    American Samoa, the Northern                            including: (1) Whether the proposed                    heading of this document by any of the
                                                    Marianas, and the Virgin Islands.                       collections are necessary for the                      following methods:
                                                       Estimated Total Annual Burden: The                   FHWA’s performance; (2) the accuracy                      • Federal eRulemaking Portal: Go to
                                                    estimated total annual burden for all                   of the estimated burdens; (3) ways for                 http://www.regulations.gov. Follow the
                                                    respondents is 42,206 hours.                            the FHWA to enhance the quality,                       online instructions for submitting
                                                                                                            usefulness, and clarity of the collected               comments.
                                                    FOR FURTHER INFORMATION CONTACT: Mr.                                                                              • Mail: Docket Management Facility,
                                                    Michael Dougherty, (202) 366–9234,                      information; and (4) ways that the
                                                                                                            burdens could be minimized, including                  M–30, U.S. Department of
                                                    Department of Transportation, Federal                                                                          Transportation, West Building Ground
                                                    Highway Administration, Office of                       use of electronic technology, without
                                                                                                            reducing the quality of the collected                  Floor, Rm. W12–140, 1200 New Jersey
                                                    Policy, Office of Highway Policy                                                                               Avenue SE., Washington, DC 20590.
                                                    Information, Highway Funding and                        information. The agency will summarize
                                                                                                            and/or include your comments in the                       • Hand Delivery or Courier: U.S.
                                                    Motor Fuels Division (HPPI–10), 1200                                                                           Department of Transportation, West
                                                    New Jersey Avenue SE., Washington,                      request for OMB’s clearance of these
                                                                                                            information collections.                               Building Ground Floor, Rm. W12–140,
                                                    DC 20590. Office hours are from 7 a.m.                                                                         1200 New Jersey Avenue SE.,
                                                    to 4:30 p.m., Monday through Friday,                      Authority: The Paperwork Reduction Act               Washington, DC 20590 between 9 a.m.
                                                    except Federal holidays.                                of 1995; 44 U.S.C. Ch. 35, as amended; and
                                                                                                            49 CFR 1.48.
                                                                                                                                                                   and 5 p.m. ET, Monday through Friday,
                                                       Title 2: Highway Performance                                                                                except Federal holidays.
                                                    Monitoring System (HPMS).                                 Issued On: June 2, 2015.                                • Fax: (202) 493–2251.
                                                       OMB Control Number: 2125–0028.                       Michael Howell,                                           Regardless of how you submit your
                                                       Abstract: The HPMS data that is                      Information Collection Officer.                        comments, you should mention the
                                                    collected is used for management                        [FR Doc. 2015–13757 Filed 6–4–15; 8:45 am]             docket number of this document.
                                                    decisions that affect transportation,                   BILLING CODE P                                            You may call the Docket at 202–366–
                                                    including estimates of the Nation’s                                                                            9324.
                                                    future highway needs and assessments                                                                              Note that all comments received will
                                                    of highway system performance. The                      DEPARTMENT OF TRANSPORTATION                           be posted without change to http://
                                                    information is used by the FHWA to                                                                             www.regulations.gov, including any
                                                                                                            National Highway Traffic Safety                        personal information provided.
                                                    develop and implement legislation and
                                                                                                            Administration
                                                    by State and Federal transportation                                                                            FOR FURTHER INFORMATION CONTACT: For
                                                    officials to adequately plan, design, and               [Docket No. NHTSA–2015–0055]                           non-legal issues, Scott Yon, Office of
                                                    administer effective, safe, and efficient                                                                      Defects Investigation, National Highway
                                                    transportation systems. This data is                    Notice of Coordinated Remedy                           Traffic Safety Administration
                                                    essential to the FHWA and Congress in                   Program Proceeding for the                             (telephone: 202–366–0139); for legal
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    evaluating the effectiveness of the                     Replacement of Certain Takata Air Bag                  issues, Arija Flowers, Office of the Chief
                                                    Federal-aid highway program. The                        Inflators                                              Counsel, NCC–111, National Highway
                                                    HPMS also provides miles, lane-miles                    AGENCY: National Highway Traffic                       Traffic Safety Administration, 1200 New
                                                    and travel components of the Federal-                   Safety Administration (NHTSA), DOT.                    Jersey Avenue SE., Washington, DC
                                                    Aid Highway Fund apportionment                          ACTION: Notice.                                        20590 (telephone: 202–366–8714).
                                                    formulae. The data that is required by                                                                         Information regarding NHTSA’s
                                                    the HPMS is continually reassessed and                  SUMMARY:   In order to prioritize,                     investigation into Takata Air Bag
                                                    streamlined by the FHWA.                                organize, and phase multiple recalls to                Inflator ruptures is available on


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                                                    32198                            Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices

                                                    NHTSA’s Web site at: http://                            patch-work solution that NHTSA                         and 2011. Those recall expansions were
                                                    www.safercar.gov/rs/takata/index.html.                  believes may not adequately address the                designated by NHTSA as Recall Nos.
                                                    SUPPLEMENTARY INFORMATION: To                           safety risks presented by the defective                09V–259, 10V–041, and 11V–260.
                                                    mitigate and control the risk of serious                Takata air bag inflators within a                         The first recall involving a rupturing
                                                    injury or death due to an air bag inflator              reasonable time. Based on the currently                Takata passenger side frontal air bag
                                                    rupture, and to ensure that all affected                available data, these recalls involve                  inflator was initiated by Takata on April
                                                    vehicles in the United States are                       varying levels of risk of harm which                   11, 2013, and involved the following
                                                    equipped with safe air bags as quickly                  must be mitigated and controlled: The                  vehicle manufacturers: BMW, Honda,
                                                    as possible, NHTSA is considering                       risk of the air bag inflator rupturing                 Mazda, Nissan, and Toyota. The various
                                                    exercising its authority under the                      when the air bag is inflated, which may                recall submissions were designated by
                                                    National Traffic and Motor Vehicle                      result in serious injury or death to                   NHTSA as Recall Nos. 13E–017, 13V–
                                                    Safety Act of 1966, as amended and                      vehicle occupants without prior                        130, 13V–132, 13V–133, 13V–136, and
                                                    recodified (the ‘‘Safety Act’’), 49 U.S.C.              warning.                                               13V–172. At that time, the defect was
                                                    30101, et seq., to provide national-level                  Specifically, NHTSA is issuing this                 thought to be the result of two specific
                                                                                                            notice pursuant to its authority under                 manufacturing issues—(1) The
                                                    leadership and to facilitate the
                                                                                                            the Safety Act to ‘‘accelerate’’ remedy                possibility that the auto-reject function
                                                    prioritization, organization, and phasing
                                                                                                            programs, 49 U.S.C. 30120(c)(3) and 49                 on the propellant press had been
                                                    of the remedy programs of TK Holdings,
                                                                                                            CFR 573.14, to inspect and investigate,                manually disabled, and (2) the
                                                    Inc. (‘‘Takata’’) and all vehicle
                                                                                                            49 U.S.C. 30166(b)(1), to ensure that                  possibility that certain propellant lots
                                                    manufacturers having recalled, defective
                                                                                                            defective vehicles and equipment are                   were exposed to uncontrolled moisture
                                                    Takata frontal air bag inflators. This
                                                                                                            recalled and remedied, 49 U.S.C. 30118                 conditions at Takata’s Monclova,
                                                    includes the remedy programs of BMW
                                                                                                            through 30120, and to ensure that the                  Mexico plant.
                                                    of North America, LLC (‘‘BMW’’),                                                                                  Between August 2013 and April 2014,
                                                                                                            remedy for the defect is adequate, 49
                                                    Chrysler Group, LLC (‘‘Chrysler’’), Ford                                                                       NHTSA received three Vehicle Owner
                                                                                                            U.S.C. 30120, as delegated by the
                                                    Motor Company (‘‘Ford’’), General                       Secretary of Transportation (‘‘the                     Questionnaires (VOQs) that alleged air
                                                    Motors, LLC (‘‘GM’’), American Honda                    Secretary’’), 49 CFR 1.95 and                          bag inflator ruptures in vehicle
                                                    Motor Company (‘‘Honda’’), Mazda                        501.2(a)(1). Given the severity of the                 populations outside the scope of the
                                                    North American Operations (‘‘Mazda’’),                  possible harm, variable nature of the                  prior driver side and passenger side
                                                    Mercedes-Benz, LLC—DBA Sprinter                         risk of harm to be mitigated and                       frontal air bag recalls. In late-May 2014,
                                                    (‘‘M–B Sprinter’’) (as to Sprinter Vans                 controlled, unprecedented number of                    Takata confirmed the three ruptures
                                                    only), Mitsubishi Motors North                          vehicles and entities affected, and                    with NHTSA’s Office of Defects
                                                    America, Inc. (‘‘Mitsubishi’’), Nissan                  imperative for public confidence in the                Investigation (ODI), and notified ODI of
                                                    North America, Inc. (‘‘Nissan’’), Subaru                safety of their vehicle air bags, NHTSA                an additional three ruptures (for a total
                                                    of America, Inc. (‘‘Subaru’’), and Toyota               is therefore opening a public                          of six rupture incidents between August
                                                    Motor Engineering and Manufacturing                     proceeding, including a public docket,                 2013 and May 2014). On June 10, 2014,
                                                    (‘‘Toyota’’) (collectively, the                         to investigate challenges and solutions                NHTSA convened a conference call,
                                                    ‘‘Manufacturers’’).                                     related to the Takata air bag inflator                 after which Takata and the affected
                                                    I. The Reasons for a Coordinated                        recalls and to gather public comments                  vehicle manufacturers agreed to initiate
                                                    Remedy                                                  on those issues.                                       regional parts collection campaigns in
                                                                                                               NHTSA also anticipates collaborating                Florida, Hawaii, Puerto Rico, and the
                                                      The number of recalled air bag                        in this proceeding with other Tier One                 U.S. Virgin Islands. The initial data
                                                    inflators and impacted vehicles and                     inflator suppliers, which may include                  underlying these regional actions
                                                    manufacturers, in combination with the                  ARC Automotive, Inc. (‘‘ARC’’), Autoliv                indicated that certain Takata frontal air
                                                    supply issues related to these air bag                  Americas (‘‘Autoliv’’), Key Safety                     bag inflators in regions prone to long-
                                                    recalls, presents an unprecedented level                Systems (‘‘Key Safety’’), Toyoda Gosei                 term high absolute humidity and
                                                    of complexity to the recall and remedy                  North America Corporation (‘‘Toyoda’’),                temperatures pose a safety risk.
                                                    process. As of the date of this Federal                 TRW Automotive (‘‘TRW’’), and Special                     On June 11, 2014, NHTSA opened a
                                                    Register Notice, these recalls of                       Devices, Inc./Daicel Group (‘‘Daicel’’)                preliminary evaluation, PE14–016, to
                                                    defective Takata air bag inflators                      (collectively, the ‘‘Suppliers’’) to craft             investigate the six identified rupture
                                                    constitute the largest Safety Act recall in             solutions that further mitigate and                    incidents involving driver side and
                                                    NHTSA’s history, and one of the largest                 control the risk of harm by ensuring safe              passenger side frontal air bag inflators
                                                    consumer product recalls in United                      air bags in every motor vehicle in the                 manufactured by Takata. (PE14–016 was
                                                    States history, with approximately 34                   United States.                                         later upgraded to an engineering
                                                    million air bag inflators currently                                                                            analysis, EA15–001, on February 24,
                                                    requiring replacement. The risk of harm                 II. Background on Defective Takata                     2015.)
                                                    presented by the defective Takata air                   Frontal Air Bag Inflators                                 During the period of October through
                                                    bag inflators transcends the scope of the                  The first recall involving a rupturing              December 2014, service campaigns
                                                    usual Safety Act recall. Accordingly,                   Takata driver side frontal air bag inflator            related to the passenger side frontal air
                                                    NHTSA is hereby opening a coordinated                   was initiated by Honda on November                     bags were converted to recalls and the
                                                    remedy program proceeding.                              11, 2008, and was designated by                        geographic scope was expanded, though
                                                      Each of the Manufacturers, with the                   NHTSA as Recall No. 08V–593. At that                   still limited to certain regions with
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                                                    exception of M–B Sprinter, has                          time, the defect was thought to be the                 higher levels of absolute humidity and
                                                    previously elected a remedy program of                  result of a specific manufacturing issue               high temperatures. Also during this
                                                    repair for at least some of their affected              involving one of the propellant presses                period, NHTSA sent letters to Takata
                                                    vehicles (specifically, for vehicles that               at Takata’s Moses Lake, Washington                     and the Manufacturers (except M–B
                                                    were covered by prior Manufacturer                      plant. Due to various discrepancies in                 Sprinter, whose air bag inflators were
                                                    recalls). See 49 U.S.C. 30120(a)(1)(A).                 Takata’s recordkeeping for the affected                not then identified as having any defect)
                                                    These remedy programs are individual                    parts, Honda had to expand the scope of                regarding their efforts and abilities,
                                                    to each of the Manufacturers, creating a                the recall several times between 2009                  individually, to accelerate the supply of


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                                                                                     Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices                                            32199

                                                    replacement air bags and emphasizing                    III. Coordinated Remedy Program                        production capabilities, possible
                                                    the importance of their continued efforts               Proceeding                                             enhanced production capabilities in the
                                                    to promptly and effectively remedy the                     The Safety Act requires manufacturers               future, and any challenges to quickly
                                                    serious safety risk posed to consumers                  to remedy safety-related defects in                    increasing production of these specific
                                                    by the defective Takata air bag inflators.              motor vehicles. 49 U.S.C. 30120(a). The                parts. This process will involve
                                                    Further, as part of its ongoing                         remedy must be adequate to protect the                 requesting specific information from
                                                    investigation and oversight of the                      American public from the safety risk                   Suppliers and engaging in candid,
                                                    defective Takata frontal air bag inflators,             posed by the defect. 49 U.S.C. 30120(c).               thoughtful dialogue with Suppliers.
                                                    NHTSA issued a pair of Special Orders                                                                            NHTSA further anticipates significant
                                                                                                            Manufacturers are required to notify
                                                    to Takata on October 30, and November                                                                          industry outreach to facilitate the
                                                                                                            both the Secretary and vehicle owners
                                                    18, 2014, a Special Order to Honda on                                                                          forging of collaborative partnerships.
                                                                                                            of safety related defects, 49 U.S.C.
                                                    November 5, 2014, and General Orders                                                                           Among other approaches, NHTSA
                                                                                                            30118, including procedures for owners
                                                    to BMW, Chrysler, Ford, GM, Honda,                                                                             anticipates convening one or more
                                                                                                            to follow to have the safety-related
                                                                                                                                                                   meetings, individually and/or in groups,
                                                    Mazda, Mitsubishi, Nissan, Subaru, and                  defect remedied, 49 U.S.C. 30119. The
                                                                                                                                                                   with Takata, Manufacturers, Suppliers,
                                                    Toyota on November 18, 2014.                            Safety Act also authorizes the Secretary               and/or others to candidly discuss the
                                                       Also on November 18, 2014, NHTSA                     to conduct investigations to enforce the               challenges these industries are facing
                                                    publicly demanded that the five auto                    Safety Act, 49 U.S.C. 30166(b)(1), issue               and, again, work collaboratively to
                                                    manufacturers with affected driver side                 general and special orders (responses to               create solutions that further mitigate
                                                    frontal air bag inflators expand their                  which are compulsory), hold hearings,                  and control the risk of harm presented
                                                    regional campaigns and conduct a                        and take testimony, 49 U.S.C.                          by defective Takata air bag inflators and
                                                    nationwide recall of vehicles equipped                  30166(g)(1). If the Secretary determines               the challenges to achieving a
                                                    with the subject driver side frontal air                that a manufacturer’s remedy program is                satisfactory recall/remedy completion
                                                    bag inflators. This decision was based                  not likely to be capable of completion                 rate. Further, NHTSA may decide to
                                                    on, among other things, the agency’s                    within a reasonable time, the Secretary                hold a public hearing and, if so, NHTSA
                                                                                                            may require the manufacturer to                        will provide information on the scope,
                                                    evaluation of a recent driver side frontal
                                                                                                            ‘‘accelerate’’ the remedy program if the               date, time, and location of, and how to
                                                    air bag failure in a vehicle outside the
                                                                                                            Secretary finds that there is a risk of                participate in, such a hearing in a
                                                    current regional recall area, and its
                                                                                                            serious injury or death if the remedy                  subsequent Federal Register Notice.
                                                    relationship to five previous driver side
                                                                                                            program is not accelerated, and that
                                                    frontal air bag inflator ruptures.                                                                             IV. NHTSA’s Request for Public
                                                                                                            acceleration of the remedy program can
                                                    Beginning in December 2014, BMW,                        be reasonably achieved by expanding                    Comments
                                                    Chrysler, Ford, Honda and Mazda                         the sources of replacement parts,                        While NHTSA will request certain
                                                    initiated national service campaigns or                 expanding the number of authorized                     information from Takata,
                                                    safety improvement campaigns on                         repair facilities, or both. 49 U.S.C.                  Manufacturers, Suppliers, and other
                                                    vehicles with these driver side frontal                 30120(c)(3). The Secretary has delegated               regulated entities in this proceeding,
                                                    air bag inflators.                                      his authorities under the Safety Act,                  NHTSA also seeks comments from the
                                                       On November 26, 2014, NHTSA                          including each of the above, to the                    public. NHTSA requests comments
                                                    demanded that Takata conduct a                          NHTSA Administrator, 49 CFR 1.95(a)                    regarding, among other things, how
                                                    national recall of driver side frontal air              and 501.2(a)(1). Accordingly, NHTSA is                 NHTSA can most effectively exercise its
                                                    bag inflators. In a response dated                      opening this coordinated remedy                        authority with respect to prioritizing,
                                                    December 2, 2014, Takata declined to do                 proceeding to investigate issues related               organizing, and phasing recall and
                                                    so. Despite Takata’s response, NHTSA                    to the remedy of defective Takata frontal              remedy programs involving the
                                                    continued insisting that Takata conduct                 air bag inflators and to coordinate                    defective Takata frontal air bag inflators
                                                    a national recall.                                      remedy programs, if and as appropriate                 as described above, and methods for
                                                       On May 18, 2015, at NHTSA’s urging,                  based upon the findings of the                         ensuring that Manufacturers and Takata
                                                    Takata filed four Defect Information                    proceeding.                                            achieve satisfactory recall/remedy
                                                    Reports (‘‘DIR’s’’) pursuant to 49 CFR                     As an initial matter, NHTSA seeks a                 completion rates.
                                                                                                            full, open, and collaborative process,                   NHTSA also requests comments on
                                                    573.6. In those DIR’s, Takata determined
                                                                                                            without compromising NHTSA’s                           how Takata, Manufacturers, Suppliers,
                                                    that a defect exists in certain models of
                                                                                                            objectives of safety, that facilitates                 and other regulated entities would
                                                    frontal air bag inflators (specifically, the
                                                                                                            thoughtful problem-solving and engages                 comply with one or more administrative
                                                    PSDI, PSDI–4, PSDI–4K, SPI, PSPI and
                                                                                                            all regulated entities in developing and               orders that NHTSA may issue at the
                                                    PSPI–L).                                                                                                       conclusion of this proceeding, upon
                                                                                                            implementing solutions to this
                                                       As of May 27, 2015, ruptured Takata                  significant safety risk. For example,                  consideration of the relevant data, facts
                                                    air bag inflators allegedly resulting in                NHTSA anticipates that it will                         found, and choices made. NHTSA is
                                                    death or injury have been confirmed in                  collaborate with the Manufacturers,                    further requesting comments on the
                                                    95 incidents in the United States. Many                 gathering information and data from                    possible terms of any such order(s). In
                                                    of these incidents resulted in serious                  each Manufacturer regarding, among                     particular, NHTSA requests comments
                                                    injury to vehicle occupants. In five of                 other things, information related to                   relating to (1) whether, and how,
                                                    the incidents, the vehicle’s driver died,               production of replacement frontal air                  NHTSA should order Takata and/or
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                                                    allegedly as a result of injuries sustained             bag inflators and their distribution.                  other regulated entities to source
                                                    from the rupture of the air bag inflator.               Upon receipt, public versions of all                   replacement parts for Manufacturers, (2)
                                                    In other incidents, vehicle occupants                   responses to NHTSA’s requests will be                  whether, and how, NHTSA should issue
                                                    allegedly suffered injuries including                   posted to this docket.                                 an accelerated remedy directive to
                                                    cuts or lacerations to the face or neck,                   NHTSA also anticipates engaging the                 Takata and/or some (or all)
                                                    broken or fractured facial bones, loss of               Suppliers in a cooperative, collaborative              Manufacturers, (3) whether, and how,
                                                    eyesight, broken teeth, and traumatic                   process seeking, among other things,                   NHTSA should order Takata and/or
                                                    brain injury.                                           information related to current                         Manufacturers to prioritize certain


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                                                    32200                            Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices

                                                    vehicles or certain regions in its                      Whiteface Sub. In addition, LWR will                       By the Board, Rachel D. Campbell,
                                                    allocation of replacement parts, (4)                    also acquire by assignment                               Director, Office of Proceedings.
                                                    whether, and how, NHTSA should order                    approximately 5 miles of trackage rights                 Brendetta S. Jones,
                                                    a replacement schedule for replacement                  that WTLR currently has over BNSF                        Clearance Clerk.
                                                    frontal inflators/air bags if Takata and/               Railway Company’s line between                           [FR Doc. 2015–13790 Filed 6–4–15; 8:45 am]
                                                    or Manufacturers cannot provide                         milepost 88.6 at Canyon Jct., Tex., and                  BILLING CODE 4915–01–P
                                                    assurances for the ongoing safety of the                milepost 83.6 at Broadview.
                                                    inflators, and (5) whether, and how,                       This transaction is related to a
                                                    NHTSA should order additional                           concurrently filed verified notice of                    DEPARTMENT OF TRANSPORTATION
                                                    authorized repair facilities, or any other              exemption in Watco Holdings, Inc.—
                                                    regulated entity, to aid Takata and/or                                                                           Surface Transportation Board
                                                                                                            Continuance in Control Exemption—
                                                    Manufacturers in timely completing                      Lubbock & Western Railway, Docket No.                    [Docket No. FD 35931]
                                                    remedy programs.                                        FD 35933, wherein Watco Holdings,
                                                      Authority: 49 U.S.C. 30101, et seq., 30118–           Inc., seeks Board approval to continue                   Watco Holdings, Inc.—Continuance in
                                                    30120, 30120(c)(3), 30166(b)(1), 30166(g)(1);           in control of LWR, upon LWR’s                            Control Exemption—Texas New
                                                    49 CFR 573.6, 573.14; delegations of                    becoming a Class III rail carrier.                       Mexico Railway, L.L.C.
                                                    authority at 49 CFR 1.95(a), 501.2(a)(1).
                                                                                                               The parties intend to consummate the                     Watco Holdings, Inc. (Watco), a
                                                     Issued: June 1, 2015.                                  transaction after the effective date of the              noncarrier, has filed a verified notice of
                                                    Mark R. Rosekind,                                       verified notice of exemption.                            exemption pursuant to 49 CFR
                                                    Administrator.                                             LWR certifies that its projected annual               1180.2(d)(2) to continue in control of
                                                    [FR Doc. 2015–13756 Filed 6–4–15; 8:45 am]              revenues as a result of this transaction                 Texas New Mexico Railway, L.L.C.
                                                    BILLING CODE 4910–59–P                                  will not result in the creation of a Class               (TNMR), upon TNMR’s becoming a
                                                                                                            II or Class I rail carrier. Because LWR’s                Class III rail carrier. Watco owns,
                                                                                                            projected annual revenues will exceed                    indirectly, 100 percent of the issued and
                                                    DEPARTMENT OF TRANSPORTATION                            $5 million, LWR certified to the Board                   outstanding stock of TNMR, a limited
                                                                                                            on May 19, 2015, that it had complied                    liability company.
                                                    Surface Transportation Board                                                                                        This transaction is related to a
                                                                                                            with the requirements of 49 CFR
                                                    [Docket No. FD 35932]                                   1150.32(e) on May 18, 2015, by                           concurrently filed verified notice of
                                                                                                            providing notice to employees of WTLR                    exemption in Texas New Mexico
                                                    Lubbock and Western Railway,                            on the affected lines.1 Under 49 CFR                     Railway—Acquisition and Operation
                                                    L.L.C.—Acquisition and Operation                        1150.32(e), this exemption cannot                        Exemption—Austin & Northwestern
                                                    Exemption—West Texas and Lubbock                        become effective until 60 days after the                 Railroad, Docket No. FD 35930, wherein
                                                    Railway Company, Inc., and West                         date notice was provided, which would                    TNMR seeks Board approval to acquire
                                                    Texas and Lubbock Railroad                              be July 18, 2015.                                        and operate approximately 104.191
                                                    Company, Inc.                                                                                                    miles of rail line owned by Austin &
                                                                                                               LWR states that the agreement with                    Northwestern Railway Company, Inc.,
                                                       Lubbock and Western Railway, L.L.C.                  WTLR does not contain any provision                      between milepost 0.079 at Monahans,
                                                    (LWR), a wholly owned noncarrier                        that prohibits it from interchanging                     Tex., and milepost 104.27 at Lovington,
                                                    subsidiary of Watco Holdings, Inc., has                 traffic with a third party or limits its                 NM.
                                                    filed a verified notice of exemption                    ability to interchange with a third party.                  The transaction may be consummated
                                                    under 49 CFR 1150.31 to acquire and                        If the verified notice contains false or              on or after June 20, 2015, the effective
                                                    operate approximately 9.5 miles of rail                 misleading information, the exemption                    date of the exemption (30 days after the
                                                    line and to lease approximately 134.75                  is void ab initio. Petitions to revoke the               notice of exemption was filed).
                                                    miles of rail line from West Texas and                  exemption under 49 U.S.C. 10502(d)                          Watco is a Kansas corporation that
                                                    Lubbock Railway Company, Inc., and                      may be filed at any time. The filing of                  currently controls, indirectly, one Class
                                                    West Texas and Lubbock Railroad                         a petition to revoke will not                            II rail carrier, and 30 Class III rail
                                                    Company, Inc. (WTLR). The lines being                   automatically stay the effectiveness of                  carriers, collectively operating in 22
                                                    acquired and operated are located                       the exemption. Petitions to stay must be                 states. For a complete list of these rail
                                                    between: (1)(a) Mileposts 330.10 and                    filed no later than July 10, 2015 (at least              carriers, and the states in which they
                                                    331.10 at Plainview, Tex., and (b)                      7 days before the exemption becomes                      operate, see Watco’s notice of
                                                    mileposts 367.250 and 368.250, at                       effective).                                              exemption filed on May 21, 2015. The
                                                    Dimmitt, Tex., on the Dimmit Sub; (2)(a)                                                                         notice is available on the Board’s Web
                                                                                                               An original and 10 copies of all
                                                    mileposts 0.0 and 1.0 at Doud, Tex., and                                                                         site at WWW.STB.DOT.GOV.
                                                                                                            pleadings, referring to Docket No. FD
                                                    (b) mileposts 12.10 and 13.10 at                                                                                    Watco represents that: (1) The rail
                                                                                                            35932, must be filed with the Surface
                                                    Broadview, Tex., on the Broadview Sub;                                                                           lines to be operated by TNMR do not
                                                                                                            Transportation Board, 395 E Street SW.,
                                                    (3)(a) mileposts 6.0 and 8.5 at Doud, and                                                                        connect with any of the rail lines
                                                                                                            Washington, DC 20423–0001. In
                                                    (b) mileposts 62.90 and 63.90, at                                                                                operated by the carriers in the Watco
                                                                                                            addition, a copy of each pleading must
                                                    Seagraves, Tex., on the Seagraves Sub;                                                                           corporate family; (2) the transaction is
                                                                                                            be served on Karl Morell, 655 Fifteenth
                                                    and (4)(a) mileposts 4.70 and 5.70 at                                                                            not a part of a series of anticipated
                                                                                                            Street NW., Suite 225, Washington, DC
                                                    Whiteface Junction, and (b) mileposts                                                                            transactions that would result in such a
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                                                                                                            20005.
                                                    38.80 and 39.80 at Whiteface, Tex., on                                                                           connection; and (3) the transaction does
                                                    the Whiteface Sub. The lines being                         Board decisions and notices are                       not involve a Class I carrier. Therefore,
                                                    leased are located between: (1)                         available on our Web site at                             the transaction is exempt from the prior
                                                    Mileposts 331.10 and 367.25 on the                      ‘‘www.stb.dot.gov.’’                                     approval requirements of 49 U.S.C.
                                                    Dimmit Sub, (2) mileposts 1.0 and 12.10                   Decided: June 2, 2015.                                 11323. See 49 CFR 1180.2(d)(2).
                                                    on the Broadview Sub, (3) mileposts                                                                                 Watco states that the purpose of the
                                                    8.50 and 62.90, on the Seagraves Sub,                     1 In its May 19 letter to the Board, LWR stated that   transaction is to reduce overhead
                                                    and (4) mileposts 5.70 and 38.80, on the                there are no union employees at WTLR.                    expenses, coordinate billing,


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Document Created: 2015-12-15 15:21:03
Document Modified: 2015-12-15 15:21:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactFor non-legal issues, Scott Yon, Office of Defects Investigation, National Highway Traffic Safety Administration (telephone: 202-366-0139); for legal issues, Arija Flowers, Office of the Chief Counsel, NCC-111, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-366-8714). Information regarding NHTSA's investigation into Takata Air Bag Inflator ruptures is available on NHTSA's Web site at: http://www.safercar.gov/rs/takata/index.html.
FR Citation80 FR 32197 

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