81_FR_84918 81 FR 84692 - General Motors LLC, Withdrawal of Petition To Amend Takata DIR Schedule

81 FR 84692 - General Motors LLC, Withdrawal of Petition To Amend Takata DIR Schedule

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 226 (November 23, 2016)

Page Range84692-84693
FR Document2016-28227

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 GM has since withdrawn this petition.

Federal Register, Volume 81 Issue 226 (Wednesday, November 23, 2016) 
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84692-84693]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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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 GM has since withdrawn this petition.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\
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    \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.
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    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

84692 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices vii. Law, such as a lawyer or attorney, Estimated Number of Respondents: (4) hours per day, including a post-test or working at a law firm, or in the 600. day interview. legal profession Estimated Time per Response: Estimated Total Annual Burden: Completion of the eligibility interview viii. The federal, state, or county Fifteen (15) minutes for each ineligible is expected to take 15 minutes. Departments of Transportation participant and 241 hours per Following the eligibility/demographic Æ Be excluded if anyone in their interview, 480 of the 600 initial participant (115,830 hours total). immediate family has been a victim participants are expected to attend a Estimated Frequency: One (1) time for of drunk driving, or if they one- (1) hour orientation session and the eligibility interview and 60 times personally know someone that has participate in the FOT. On a given test (days) for the DADSS–FOT and post-test been a victim. day, the DADSS FOT will require four day interviews. TABLE 1—ESTIMATED BURDEN HOURS Total cost of bur- Number of Frequency of Number of Estimated indi- Total estimated den hours over Instrument individuals responses questions vidual burden burden hours 24-month study period Eligibility/Demographic Inter- 600 1 ....................... 32 ................... 15 min ............ 150 hr * $1,087.50 view. Orientation ............................... 480 1 ....................... N/A ................. 1 hr ................. 480 ** 9,360.00 FOT including post-test ques- 480 650 tests per 8 (post-test- 4 hr/day for 60 115,200 ** 2,246,400.00 tions. participant. day ques- days. tions). 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 December 31, 2017. GM has since obligation to file a DIR for affected GM of 1995, 44. U.S.C. Chapter 35, as amended; withdrawn this petition. vehicles. See 49 CFR part 573; 5 CFR part 1320; and 49 CFR 1.95. Amendment at ¶ 16; November 3, 2015 FOR FURTHER INFORMATION CONTACT: Nathaniel Beuse, Elizabeth Mykytiuk, Office of the Chief Coordinated Remedy Order at ¶ 46.1 Associate Administrator for Vehicle Safety Counsel, National Highway Traffic Paragraph 17 of the Amendment sets Research. Safety Administration, at (202) 366– forth the following procedure under [FR Doc. 2016–28151 Filed 11–22–16; 8:45 am] 2992. which the DIR schedule may be modified or amended: BILLING CODE 4910–59–P SUPPLEMENTARY INFORMATION: Based on the presentation of additional test I. Background data, analysis, or other relevant and DEPARTMENT OF TRANSPORTATION appropriate evidence, by Takata, an On May 4, 2016, NHTSA issued, and automobile manufacturer, or any other National Highway Traffic Safety Takata agreed to, an Amendment to the credible source, NHTSA may, after November 3, 2015 Consent Order (the consultation with Takata, alter the schedule Administration set forth in Paragraph 14 to modify or amend ‘‘Amendment’’), under which Takata is bound to declare a defect in all frontal a DIR or to defer certain inflator types or [Docket No. NHTSA–2016–0098; Notice 2] vehicles, or a portion thereof, to a later DIR driver and passenger inflators that filing date. Any such evidence must be General Motors LLC, Withdrawal of contain a phase-stabilized ammonium submitted to NHTSA no later than one- Petition To Amend Takata DIR nitrate (PSAN)-based propellant and do hundred-twenty (120) days before the Schedule not contain a moisture-absorbing relevant DIR filing date. This paragraph desiccant. Such defect declarations are applies only to the DIRs scheduled to be AGENCY: National Highway Traffic to be made on a rolling basis. See issued on or after December 31, 2016 under Safety Administration (NHTSA), Amendment at ¶ 14. Takata timely the schedule established by Paragraph 14 of this Amendment. Department of Transportation. submitted the first scheduled DIR on ACTION: Notice of petition mootness. May 16, 2016. See Recall Nos. 16E–042, On July 22, 2016, NHTSA issued 16E–043, and 16E–044. The next Enforcement Guidance Bulletin 2016–03 SUMMARY: General Motors, LLC (GM) scheduled DIR is due to be filed by to inform the public of the process and petitioned the Agency to alter the Part Takata on December 31, 2016. That procedure the Agency had established 573 defect information report (DIR) second DIR is expected to include in connection with paragraph 17, as filing schedule set forth in paragraph 14 passenger inflators installed as original well as the standards and criteria that of the May 4, 2016 Amendment to equipment on certain motor vehicles would guide Agency decision-making. mstockstill on DSK3G9T082PROD with NOTICES November 3, 2015 Consent Order manufactured by GM (the ‘‘covered See 81 FR 47854. Therein, the Agency between NHTSA and TK Holdings Inc. passenger inflators’’), as well as inflators stated that it may grant a petition to (Takata). More specifically, GM installed as original equipment on modify or amend the DIR schedule ‘‘if requested that NHTSA modify the DIR motor vehicles manufactured by a 1 Under 49 CFR 573.5(a), a vehicle manufacturer schedule with respect to certain GM- number of other automakers, which are is responsible for any safety-related defect branded motor vehicles to defer the not at issue here. The Takata filing of determined to exist in any item of original filing date from December 31, 2016 to the second DIR will trigger GM’s equipment. VerDate Sep<11>2014 18:04 Nov 22, 2016 Jkt 241001 PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 E:\FR\FM\23NON1.SGM 23NON1

Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices 84693 the Agency finds that the written data, II. NHTSA’s Decision in property have been unblocked information, and arguments regarding Petitions filed under Paragraph 17 are pursuant to Executive Order 13391 of the petition and other available actionable by the Agency only so long November 22, 2005, ‘‘Blocking Property information demonstrate, by a as they are submitted and maintained by of Additional Persons Undermining preponderance of the evidence, that the petitioner. In its comment to the Democratic Processes or Institutions in either: (i) There has not yet been, nor petition, GM explained that it was Zimbabwe.’’ will be for some period of years in the withdrawing the petition and that it will future, sufficient propellant degradation DATES: OFAC’s actions described in this address the subject vehicle population notice are effective as of November 18, to render the inflators contained in the through an alternative procedure. See particular class of vehicles unreasonably 2016. Boyer Letter (Nov. 15, 2016). dangerous in terms of susceptibility to Because GM has withdrawn its FOR FURTHER INFORMATION CONTACT: rupture; or (ii) the service life petition to defer the inclusion of the Associate Director for Global Targeting, expectancy of the inflators installed in covered passenger inflators in the tel.: 202/622–2420, Assistant Director the particular class of vehicles is Takata equipment DIR, that petition is for Sanctions Compliance & Evaluation, sufficiently long that they will not pose moot and no further action on the tel.: 202/622–2490, Assistant Director an unreasonable risk to motor vehicle petition is warranted. Therefore, the DIR for Licensing, tel.: 202/622–2480, Office safety if recalled at a later date.’’ Id. at schedule set forth in Paragraph 14 of the of Foreign Assets Control, or Chief 47856. The Agency also clarified that Amendment is unchanged. The covered Counsel (Foreign Assets Control), tel.: the paragraph 17 petition process could passenger inflators shall be included in 202/622–2410 (not toll free numbers). not be used to expedite or expand the Takata’s equipment DIR submission due DIR schedule, or to eliminate a SUPPLEMENTARY INFORMATION: on December 31, 2016. See 49 CFR part population of vehicles from the recall 573; Amendment at ¶ 16; November 3, Electronic Availability altogether. Id. 2015 Coordinated Remedy Order at ¶ 46. On September 2, 2016, GM filed a The list of Specially Designated petition pursuant to paragraph 17 of the Authority: 49 U.S.C. 30101, et seq., 30118, 30162, 30166(b)(1), 30166(g)(1); delegation of Nationals and Blocked Persons (SDN Amendment and Enforcement Guidance authority at 49 CFR 1.95(a); 49 CFR parts 573, List) and additional information Bulletin 2016–03. Therein, GM 577. concerning OFAC sanctions programs requested that NHTSA modify the DIR are available from OFAC’s Web site schedule to defer the inclusion of Issued: November 17, 2016. (www.treasury.gov/ofac). certain GM passenger-side inflators from Michael L. Brown, December 31, 2016 to December 31, Acting Director, Office of Defect Notice of OFAC Actions 2017. See General Motors LLC’s Petition Investigations. to Amend Takata DIR Schedule. [FR Doc. 2016–28227 Filed 11–22–16; 8:45 am] On November 18, 2016, OFAC, in Notice of receipt of GM’s petition was BILLING CODE 4910–59–P consultation with the U.S. Department published in the Federal Register, and of State, removed from the SDN List the a public comment period commenced individual listed below, whose property on September 20, 2016 (81 FR 64575). DEPARTMENT OF THE TREASURY and interests in property were blocked Six comments were received, including pursuant to Executive Order 13391 (E.O. one comment from GM that, after Office of Foreign Assets Control 13391). further consideration, it would 1. NGUNI, Sylvester Robert; DOB 04 withdraw the petition and will instead Unblocking of Specially Designated May 1955; Passport ZE215371 address the subject population through National and Blocked Person Pursuant (Zimbabwe); Deputy Minister of an alternative procedure. See Letter to Executive Order 13391 Agriculture (individual) [ZIMBABWE— from Jeffrey Boyer to Jeffrey Giuseppe AGENCY: Office of Foreign Assets E.O. 13391]. (Nov. 15, 2016). To view the petition Control, Treasury. Dated: November 18, 2016. and all supporting documents visit the ACTION: Notice. Federal Docket Management System John E. Smith, Web site at: http://www.regulations.gov. SUMMARY: The Treasury Department’s Acting Director, Office of Foreign Assets Then, follow the online search Office of Foreign Assets Control (OFAC) Control. instructions to locate docket number is publishing the name of one [FR Doc. 2016–28248 Filed 11–22–16; 8:45 am] ‘‘NHTSA–2016–0098.’’ individual whose property and interests BILLING CODE 4810–AL–P mstockstill on DSK3G9T082PROD with NOTICES VerDate Sep<11>2014 18:04 Nov 22, 2016 Jkt 241001 PO 00000 Frm 00147 Fmt 4703 Sfmt 9990 E:\FR\FM\23NON1.SGM 23NON1


Document Created: 2016-11-23 05:29:37
Document Modified: 2016-11-23 05:29:37
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 of petition mootness.
ContactElizabeth Mykytiuk, Office of the Chief Counsel, National Highway Traffic Safety Administration, at (202) 366-2992.
FR Citation81 FR 84692 
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