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Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Notices 85681

existing pipeline infrastructure, which filings may be viewed at the , LLC (GM) for use in includes leasing a segment of pipeline www.ferc.gov Web site using the certain GMT900 vehicles. GM has from HIOS extending from the terminus ‘‘eLibrary’’ link. Enter the docket petitioned the Agency for a decision of the UTOS pipeline offshore. On May number excluding the last three digits that, because of differences in inflator 20, 2015, FERC issued its Notice of (i.e., CP15–490) in the docket number design and vehicle integration, the Application for the onshore components field to access project information. For equipment defect determined to exist by of Delfin LNG’s deepwater port project assistance, please contact FERC at Takata is inconsequential as it relates to in Docket No. CP15–490–000. This [email protected] or call motor vehicle safety in the GMT900 Notice was published in the Federal toll-free, (886) 208–3676 or TYY, (202) vehicles, and that GM should therefore Register on May 27, 2015 (80 FR 30226). 502–8659. be relieved of its notification and Delfin LNG stated in its application that remedy obligations. Privacy Act High Island Offshore System, LLC DATES: The closing date for comments is would submit a separate application In accordance with 5 U.S.C. 553(c), September 14, 2017. with FERC seeking authorization to DOT/MARAD solicits comments from abandon by lease its facilities to Delfin the public to better inform its ADDRESSES: Interested persons are LNG. FERC, however, advised Delfin rulemaking process. DOT/MARAD posts invited to submit written data, views, LNG that it would not begin processing these comments, without edit, to and arguments regarding this petition Delfin LNG’s application until such www.regulations.gov, as described in for inconsequentiality. Comments must time that MARAD and USCG deemed the system of records notice, DOT/ALL– refer to the docket and notice number Delfin LNG’s deepwater port license 14 FDMS, accessible through cited in the title of this notice and be application complete and High Island www.dot.gov/privacy. In order to submitted by one of the following Offshore System, LLC submitted an facilitate comment tracking and methods: abandonment application with FERC. response, we encourage commenters to • Internet: Go to http:// On June 29, 2015, MARAD and USCG provide their name, or the name of their www.regulations.gov and follow the accepted the documentation and organization; however, submission of online instructions for submitting deemed the original Delfin LNG license names is completely optional. Whether comments. application complete. or not commenters identify themselves, • Mail: Docket Management Facility, On November 19, 2015, High Island all timely comments will be fully M–30, U.S. Department of Offshore System, LLC filed an considered. If you wish to provide Transportation, 1200 New Jersey application (FERC Docket No. CP16–20– comments containing proprietary or Avenue SE., West Building, Room W12– 000) to abandon certain offshore confidential information, please contact 140, Washington, DC 20590. facilities in the Gulf of Mexico, the agency for alternate submission • Hand Delivery or Courier: U.S. including its 66-mile-long mainline, an instructions. Department of Transportation, 1200 offshore platform and related facilities New Jersey Avenue SE., West Building, (‘‘HIOS Repurposed Facilities’’). Authority: 33 U.S.C. 1501 et seq., 49 CFR 1.93(h). Room W12–140, Washington, DC 20590 Accordingly, on November 19, 2015, between 9 a.m. and 5 p.m. Eastern Time, Dated: November 8, 2016. Delfin LNG filed an amended Monday through Friday, except Federal application in FERC Docket No. CP15– By Order of the Maritime Administrator. holidays. 490–001 to use the HIOS Repurposed T. Mitchell Hudson, Jr., • Facsimile: (202) 493–2251. Facilities and to revise the onshore Secretary, Maritime Administration. You may call the Docket at (202) 366– component of its deepwater port project. [FR Doc. 2016–27297 Filed 11–25–16; 8:45 am] 9324. On December 1, 2015, FERC issued a BILLING CODE 4910–81–P Notice of Application for Delfin LNG’s Note that all comments received will amendment, which was published in be posted without change to http:// www.regulations.gov, including any the Federal Register on December 7, DEPARTMENT OF TRANSPORTATION 2015 (80 FR 76003). personal information provided. Thus, The amended FERC application National Highway Traffic Safety submitting such information makes it specifically discusses the onshore Administration public. You may wish to read the facility and adjustments to the onshore Privacy Act notice, which can be operations that would involve [Docket No. NHTSA–2016–0124; Notice 1] viewed by clicking on the ‘‘Privacy and Security Notice’’ link in the footer of reactivating approximately 1.1 miles of General Motors LLC, Receipt of the existing UTOS pipeline; the http://www.regulations.gov. DOT’s Petition for Inconsequentiality and complete Privacy Act Statement is addition of four new onshore Decision Granting Request To File Out compressors totaling 120,000 available for review in the Federal of Time and Request for Deferral of Register published on April 11, 2000 horsepower of new compression; Determination activation of associated metering and (65 FR 19477–78). regulation facilities; the installation of AGENCY: National Highway Traffic The petition, supporting materials, new supply header pipelines (which Safety Administration (NHTSA), and all comments received before the would consist of 0.25 miles of new 42- Department of Transportation. close of business on the closing date inch-diameter pipeline to connect the ACTION: Notice of receipt of petition and indicated above will be filed in the former UTOS line to the new meter decision granting partial relief. docket and will be considered. station); and 0.6 miles of new twin 30- Comments and supporting materials inch-diameter pipelines between SUMMARY: On May 16, 2016, TK received after the closing date will also Transco Station 44 and the new Holdings Inc. (Takata) filed a defect be filed and will be considered to the compressor station site. information report (DIR), in which it extent possible. When the petition is Additional information regarding the determined that a defect existed in granted or denied, notice of the decision details of Delfin LNG’s original and certain passenger-side air bag inflators will also be published in the Federal amended application to FERC is on file that it manufactured, including Register pursuant to the authority and open to public inspection. Project passenger inflators that it supplied to indicated at the end of this notice.

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FOR FURTHER INFORMATION CONTACT: For analysis or other relevant and remedy of defects. See 42 FR 7146. legal issues: Elizabeth Mykytiuk, Office appropriate evidence in support of our Here, GM’s delay in filing the Petition of the Chief Counsel, NCC–100, belief that our vehicles do not pose an will not have any impact on the National Highway Traffic Safety unreasonable risk to safety.’’ See id. GM availability of a remedy. GM has Administration, 1200 New Jersey also stated that it ‘‘will conduct a recall indicated that it has been working Avenue SE., Washington, DC 20590 of its airbag inflators covered by the diligently on a potential remedy and has (telephone: (202) 366–5263). May 2016 Takata DIRs, unless GM is stated it intends to have a validated, For general information regarding able to prove to NHTSA’s satisfaction alternative remedy available by June 30, NHTSA’s investigation into Takata air that the inflators in its vehicles do not 2017, should it become necessary. See bag inflator ruptures and the related pose an unreasonable risk to safety.’’ Id. Petition at p. 17. This length of time recalls: http://www.safercar.gov/rs/ On November 15, 2016, GM between DIR submission and remedy is takata/index.html. petitioned the Agency, under 49 U.S.C. not unusual in the context of the Takata SUPPLEMENTARY INFORMATION: 30118(d), 30120(h) and 49 CFR part 556, recalls, and it is consistent with the for a decision that, because of lower relative rupture risk of the I. Background differences in inflator design and covered passenger inflators and the time On May 4, 2016, NHTSA issued, and vehicle integration, the equipment needed to develop, validate, and ensure Takata agreed to, an Amendment to the defect determined to exist by Takata is the safety of an alternative remedy part. November 3, 2015 Consent Order (the inconsequential as it relates to motor Therefore, some elapsed time between ‘‘Amendment’’), under which Takata is vehicle safety in the GMT900 vehicles. the DIR and the availability of the bound to declare a defect in all frontal See GM’s Petition for Inconsequentiality remedy is inevitable, regardless of the driver and passenger air bag inflators and Request for Deferral of timing of GM’s Petition. NHTSA has that contain a phase-stabilized Determination Regarding Certain determined that the availability of the ammonium nitrate (PSAN)-based GMT900 Vehicles Equipped with Takata remedy for GM’s May 2016 DIRs would propellant and do not contain a ‘‘SPI YP’’ and ‘‘PSPI–L YD’’ Passenger be essentially the same whether this moisture-absorbing desiccant. Such Inflators (the ‘‘Petition’’). GM’s Petition Petition was filed in June or November. defect declarations will be made on a concluded that because the putative Second, GM has been proactively rolling basis. See Amendment at ¶ 14. defect is inconsequential in the GMT900 investigating Takata inflators in Takata timely submitted the first vehicles, the company should be GMT900 vehicles since November 2014. scheduled equipment DIRs on May 16, relieved of notification and remedy See Petition at pp. 4–5. GM believes that 2016. See Recall Nos. 16E–042, 16E– obligations for Takata inflators in those it has now obtained data through its 043, and 16E–044. Those DIRs included GM vehicles. See Petition at p. 18. GM investigation that supports an non-desiccated passenger inflators, further requested that NHTSA defer its inconsequentiality finding, and that it designated as types SPI YP and PSPI–L decision on the petition until GM is able will be able to prove that the covered YD, that were installed as original to complete its testing and engineering passenger inflators do not present an equipment on certain motor vehicles analysis in August 2017. See id. unreasonable risk to safety once that manufactured by GM (the ‘‘covered investigation concludes in August 2017. II. Request To Accept Late Filing passenger inflators’’), as well as other See Petition at p. 18. Given that GM’s non-desiccated passenger inflators As an initial matter, GM requests that ongoing investigation pre-dates the May installed as original equipment on NHTSA, in its enforcement discretion, 2016 DIR filings, the Agency concludes motor vehicles manufactured by a accept and consider the Petition even that the company is acting in good faith number of other automakers, which are though it was filed outside the in filing this Petition, even though it not at issue here. regulatory filing deadline. See Petition filed the Petition beyond the deadline.3 The Takata filing triggered GM’s at p. 5 n.5. GM’s Petition was filed with Finally, GM communicated its intent obligation to file a DIR for the affected the Agency on November 15, 2016. to file such a petition in the attachment GM vehicles. See 49 CFR part 573; Under 49 CFR 556.4(c), to its May 2016 DIRs when it stated, Amendment at ¶ 16; November 3, 2015 inconsequentiality petitions usually ‘‘GM will conduct a recall of its airbag Coordinated Remedy Order at ¶ 46.1 GM must be filed within 30 days of the inflators covered by the May 2016 ultimately submitted two DIRs on May relevant defect determination. Because Takata DIRs, unless GM is able to prove 27, 2016. See Recall Nos. 16V–381 (for Takata made a defect determination to NHTSA’s satisfaction that the vehicles in Zone A) and 16V–383 (for concerning the covered passenger inflators in its vehicles do not pose an vehicles in Zone B). In an attachment to inflators on May 16, 2016, GM’s Petition unreasonable risk to safety.’’ See Recall the DIRs, GM stated that it had not should have been filed by June 15, 2016. Nos. 16V–381 and 16V–383. This determined the existence of a safety GM has requested that NHTSA waive statement is consistent with the purpose defect, and it referred to the recalls as the 30-day filing requirement in light of of 49 U.S.C. 30118(d) and 49 CFR part ‘‘preliminary.’’ 2 The attachment further GM’s transparency with the Agency, 556, which is to enable vehicle indicated that, even though GM had not including communications occurring manufacturers to petition NHTSA for an made an independent defect before and contemporaneous with the exemption from the Safety Act’s notice determination, the company was May 2016 DIR filings. See Petition at p. and remedy requirements when a defect nonetheless filing a DIR in response to 5 n.5. While such transparency alone is determined to be inconsequential to Takata’s defect determination. See would not support a waiver of the filing motor vehicle safety. Because NHTSA, Recall Nos. 16V–381 and 16V–383. GM deadline, the Agency has considered the the public, and other stakeholders were stated that it ‘‘expect[s] to provide totality of the facts and circumstances on notice (since at least May 2016) of NHTSA with additional test data, presented here in deciding to grant the GM’s intention to attempt to prove the waiver. safety of the covered passenger inflators, 1 Under 49 CFR 573.5(a), a vehicle manufacturer First, allowing GM’s Petition to be is responsible for any safety-related defect filed outside the regulatory deadline is 3 If it appeared that a manufacturer had filed such determined to exist in any item of original not inconsistent with the purpose of a petition in an attempt to toll its notification and equipment. See also 49 U.S.C. 30102(b)(1)(C). remedy obligations while it began a new 2 Neither the Safety Act nor NHTSA regulations such deadline, which is to prevent a investigation, the Agency would not waive the 30- define or use the term ‘‘preliminary recall.’’ manufacturer from unduly delaying the day deadline.

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thereby avoiding any notice and remedy IV. Summary of GM’s Petition interior volumes than smaller passenger obligation, there is no prejudice to the According to the Petition, GM’s cars, and are equipped with solar- public caused by GM filing the Petition engineering analysis supports the absorbing windshields and side glass. after the standard deadline. conclusion that the covered passenger Id. To support the effect such For the foregoing reasons, NHTSA inflators in the subject GMT900 vehicles differences may have on the safety of will grant GM’s request and accept the are currently performing as designed, the covered passenger inflators, GM filing of its Petition outside of the 30- and will likely continue to perform as cites NHTSA’s expert Dr. Harold R. day deadline. NHTSA is granting this designed for a number of years—i.e., Blomquist, who stated in his expert extraordinary relief because of the that the covered passenger inflators, as report that vehicle platform differences unique circumstances surrounding the integrated into the GMT900 vehicles, do may play a role in the relative risk of Takata recall and the particular facts not present an unreasonable risk to rupture. See Petition at p. 11 (citing and circumstances of this case. This safety. See Petition at p. 3 Amendment, Exhibit A at ¶¶ 30–31). decision should not be considered As an initial matter, GM notes in its Finally, GM states its belief that the precedent in any other case. The Agency Petition that Takata submitted the May covered passenger inflators will not will continue to enforce the 30-day 16, 2016 equipment DIRs without present a risk of rupture in the longer filing deadline for inconsequentiality evidence of any incidents of inflator term. To supplement its internal petitions, including any others that may rupture in the SPI YP or PSPI–L YD analysis, GM has retained a third-party be filed by GM in connection with variants that are used only in GMT900 expert, Orbital ATK, to conduct a long- future Takata recalls. vehicles. Petition at p. 2. GM has been term aging study that will estimate the service life expectancy of the covered III. Class of Motor Vehicles Involved studying the long-term performance of the covered passenger inflators and has passenger inflators in the GMT900 GM’s Petition involves certain conducted an analysis of the ballistic vehicles. See Petition at p. 12. GM has ‘‘GMT900’’ vehicles that contain the performance of the covered passenger asked Orbital ATK to test the effect of covered passenger inflators (designated inflators. See Petition at pp. 11–12. different inflator design variables—i.e., as inflator types ‘‘SPI YP’’ and ‘‘PSPI– Based upon this analysis, GM asserts wafer thickness, vent area, moisture L YD’’).4 GMT900 is a GM-specific that the covered passenger inflators are dynamics, and others—in the GMT900 vehicle platform that forms the not currently at risk of rupture. platform’s unique thermal environment. structural foundation for a variety of GM According to the Petition, GM’s position See Petition at pp. 17–18. GM trucks and sport utility vehicles, is based upon the following: an anticipates that this study will be including: 1500, estimated 52,000 Takata passenger complete in August 2017. Id. GMC Sierra 1500, Chevrolet Silverado inflator deployments in GMT900 2500/3500, GMC Sierra 2500/3500, V. Request To Defer Decision on vehicles without a rupture; ballistic Petition , , tests of 1,418 covered passenger GM implicitly acknowledges that its , GMC Yukon, inflators without a rupture or sign of data, information, and views are not yet GMC Yukon XL, , abnormal deployment; test deployment sufficient for the Agency to grant its Cadillac Escalade ESV, and Cadillac of 12 inflators artificially exposed to inconsequentiality petition. Given the Escalade EXT. The GM DIRs included additional humidity and temperature status of GM’s engineering analysis and the following GMT900 vehicles: cycling without a rupture or sign of • In Zone A, model year 2007–2011 the results of testing conducted to date, abnormal deployment; and analysis, GMT900 vehicles. Zone A comprises the and in order to fully-analyze the through stress-strength interference, following states and U.S. territories: performance of these inflators over the indicating that the propellant in older Alabama, California, Florida, Georgia, long-term, the company has requested covered passenger inflators has not Hawaii, Louisiana, Mississippi, South that NHTSA allow GM until August 31, degraded to a sufficient extent to create Carolina, Texas, Puerto Rico, American 2017 to complete its engineering rupture risk. See Petition at p. 4. analysis and inflator aging studies. See Samoa, Guam, the Northern Mariana GM further states that the covered Islands (Saipan), and the U.S. Virgin Petition at pp. 17–18. Ordinarily, under passenger inflators are not used by any 49 CFR 556.4(b)(5), an Islands. See Amendment at ¶ 7.a. other original equipment manufacturer • In Zone B, certain model year 2007– inconsequentiality petition must set and that those inflators have a number 2008 GMT900 vehicles. Zone B forth all data, views, and arguments of unique design features that influence comprises the following states: Arizona, supporting that petition. In this case, burn rates and internal ballistic Arkansas, Delaware, District of GM states that further probative data dynamics, including greater vent-area- Columbia, Illinois, Indiana, Kansas, (e.g., further aging testing and analysis) to-propellant-mass ratios, steel end Kentucky, Maryland, Missouri, is forthcoming, but necessarily will take caps, and thinner propellant wafers. See Nebraska, Nevada, New Jersey, New more time to develop. Therefore, some Petition at p. 12. In addition, GM states Mexico, North Carolina, Ohio, of the evidence GM intends to present that the physical environment of the Oklahoma, Pennsylvania, Tennessee, cannot yet be set forth in the Petition. GMT900 vehicles better protects the Virginia, and West Virginia. See Accordingly, GM requests that the covered passenger inflators from Amendment at ¶ 7.b.5 Agency defer its decision on the Petition temperature cycling that can cause until such data can be developed. rupture. Id. More specifically, GM notes 4 GM previously filed, and ultimately withdrew, GM asserts that it has made a a petition to defer the recall of certain newer that the GMT900 vehicles have larger threshold showing that its inflators are GMT900 vehicles that will be included in Takata’s safe in the short term or, at a minimum, next set of DIRs, scheduled to be submitted on inflators in its GMT900 vehicles prior to model year December 31, 2016. See 81 FR 64575. This Petition 2007, there were no GMT900 vehicles in Zone C will not present an unreasonable risk to does not include or address that population of affected by Takata’s DIR. Zone C comprises the safety during the period that the Petition vehicles. See Petition at pp. 8–9. following states: Alaska, Colorado, Connecticut, is pending. See Petition at p. 3. GM 5 Takata also filed an equipment DIR covering Idaho, Iowa, Maine, Massachusetts, Michigan, further asserts that because its engineers non-desiccated passenger inflators in Zone C that Minnesota, Montana, New Hampshire, New York, were manufactured between January 1, 2003 and North Dakota, Oregon, Rhode Island, South Dakota, and suppliers have been working on re- December 31, 2004. See Recall No. 16E–044. Utah, Vermont, Washington, Wisconsin, and designed replacement inflators to be Because GM did not use the covered passenger Wyoming. See Amendment at ¶ 7.c. ready in the event that the inflators in

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these vehicles must be replaced, each update that will be made available delegation of authority at 49 CFR 1.95(a); 49 providing GM the additional time it through the public docket. During this CFR parts 556, 573, 577. requests will not delay GM’s efforts to time, any interested person may also Paul A. Hemmersbaugh, develop and validate replacement submit written data, views, and Chief Counsel. inflators as an available remedy for the arguments regarding this Petition. [FR Doc. 2016–28476 Filed 11–25–16; 8:45 am] Subject GMT900 Vehicles, should that Following the conclusion of the BILLING CODE 4910–59–P remedy ultimately be required. Id. requested deferral—i.e., August 31, The Agency acknowledges that GM 2017, NHTSA will make a decision has produced probative evidence to whether to grant or deny the Petition DEPARTMENT OF TRANSPORTATION support its inconsequentiality claim. after considering all available The testing and data collected by GM to information. Pipeline and Hazardous Materials date—while not yet sufficient—tends to Safety Administration support GM’s Petition, at least with NHTSA reserves the right to deny this respect to the short-term safety of the Petition at any time prior to August 31, [Docket No. PHMSA–2016–0128] covered passenger inflators. Based upon 2017, in the event necessary to mitigate Pipeline Safety: Meeting of the the data GM has developed and an unreasonable risk to safety within the Voluntary Information-Sharing System presented to date, NHTSA believes that meaning of the Safety Act, based upon, Working Group in the coming months this evidence inter alia, future field ruptures, ballistic could ultimately grow and develop to testing failures that are not related to AGENCY: Pipeline and Hazardous support GM’s position with respect to artificial aging tests, or other relevant Materials Safety Administration the long-term safety of the covered facts or circumstances. (PHMSA), DOT. passenger inflators. Presently, however, ACTION: Accordingly, NHTSA hereby gives Notice of Voluntary the evidence GM has presented is not Information-Sharing System Working notice of its receipt of GM’s Petition for yet sufficient to prove (by a Group Meeting. preponderance of the evidence) their Inconsequentiality and Request for long-term safety. Based upon the Deferral of Determination Regarding SUMMARY: This notice announces a evidence and analysis GM has presented Certain GMT900 Vehicles Equipped public meeting of the newly created to date, and its plan to develop and with Takata ‘‘SPI YP’’ and ‘‘PSPI–L YD’’ Voluntary Information-Sharing System analyze additional data, NHTSA agrees Passenger Inflators. And it is hereby (VIS) Working Group. The VIS Working that GM’s request for additional time is ORDERED that: Group will convene to discuss administrative procedures and consider reasonable and supported by the testing 1. GM’s request to file an the development of a voluntary and data collected to date. inconsequentiality petition for DIRs Moreover, although a pending information-sharing system. 16V–381 and 16V–383 beyond the 30- inconsequentiality petition tolls GM’s DATES: The VIS Working Group will day deadline is GRANTED; obligation to provide a remedy, NHTSA meet on Monday, December 19, 2016, does not believe consumers will be 2. The period for public comment on from 8:30 a.m. to 5:00 p.m., EST. significantly impacted by the requested GM’s Petition shall run from the The meeting will not be web cast; deferral. As explained above, GM has publication of this decision through however, any documents presented will been working toward an alternative September 14, 2017; be available on the meeting Web site remedy in the event it should become 3. GM’s request for a deferral of the and posted on the E-Gov Web site: necessary, and expects that remedy to Agency’s decision so that it may have http://www.regulations.gov under be available in June 2017. The length of docket number PHMSA–2016–0128 additional time to present evidence and the requested deferral is through August within 30 days following the meeting. analysis in support of this Petition is 2017. Therefore, if NHTSA ultimately ADDRESSES: The meeting will be held at GRANTED, and GM’s time for the were to deny this Petition at the a location yet to be determined in the development and presentation of further conclusion of GM’s engineering Washington, DC Metropolitan area. The analysis, no significant delay in the evidence, data, and information is meeting location, agenda and any availability of remedy parts would extended to August 31, 2017; additional information will be result. 4. GM shall provide NHTSA with published on the following VIS Working For these reasons, NHTSA will grant monthly updates on its engineering Group and registration page at: https:// the requested relief, and allow GM an analysis, Orbital ATK’s study, and any primis.phmsa.dot.gov/meetings/ opportunity to provide more evidence other data, analysis, or test results the MtgHome.mtg?mtg=122. and a fuller record upon which the company develops in its effort to Public Participation Agency can make its determination. support this Petition, and GM shall Subject to the conditions that follow, provide the Agency with a non- This meeting will be open to the GM shall have until August 31, 2017 to public. Members of the public who wish confidential summary of each update present all data, views, and arguments to attend in person are asked to register that will be added to the public docket; supporting this Petition, including at: https://primis.phmsa.dot.gov/ and additional analysis and testing results, meetings/MtgHome.mtg?mtg=122 no through a supplement or amendment, 5. NHTSA retains the right to rule on later than December 16, 2016, in order which shall be published in the docket. the Petition at any time before August to facilitate entry and guarantee seating. GM shall be required to provide NHTSA 31, 2017 (i.e., to either deny or grant the Members of the public who attend in with monthly updates on GM’s Petition) should additional evidence, person will also be provided an engineering analysis, Orbital ATK’s facts, or circumstances—in NHTSA’s opportunity to make a statement during study, and any other data, analysis, or sole judgment and discretion—warrant the meeting. test results GM develops in its effort to such a decision. Written comments: Persons who wish support its inconsequentiality claim. In to submit written comments on the addition, GM shall provide the Agency Authority: 49 U.S.C. 30101, et seq., 30118, meeting may be submitted to the docket 30120(h), 30162, 30166(b)(1), 30166(g)(1); with a non-confidential summary of in the following ways:

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