28384 Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Notices

Estimated Annual Number of Avenue SE, West Building, Room W12– third declaration due December 31, Respondents: 26. 140, Washington, DC 20590. 2017, and the fourth declaration due Estimated Total Annual Burden: • Hand Delivery or Courier: U.S. December 31, 2018. See Amendment at 4,680 hours. Department of Transportation, 1200 ¶ 14. New Jersey Avenue SE, West Building, Frequency: Every Two Years. GM’s May 2016, January 2017, and Room W12–140, Washington, DC 20590 Nadine Pembleton, January 2018 DIRs between 9 a.m. and 5 p.m. Eastern Time, Director, Office of Management Planning. Monday through Friday, except Federal Takata timely submitted the first [FR Doc. 2019–12809 Filed 6–17–19; 8:45 am] holidays. scheduled equipment DIRs on May 16, BILLING CODE 4910–57–P • Facsimile: (202) 493–2251. 2016. See Recall Nos. 16E–042, 16E– You may call the Docket at (202) 366– 043, and 16E–044. Those DIRs included 9324. non-desiccated passenger inflators, DEPARTMENT OF TRANSPORTATION Note that all comments received will designated as types SPI YP and PSPI–L be posted without change to http:// YD, that were installed as original National Highway Traffic Safety equipment on certain motor vehicles Administration www.regulations.gov, including any personal information provided. Thus, manufactured by GM (the ‘‘covered submitting such information makes it passenger inflators’’), as well as other [Docket No. NHTSA–2016–0124; Notice 4] public. You may wish to read the non-desiccated passenger inflators installed as original equipment on General Motors LLC, Receipt of Fourth Privacy Act notice, which can be viewed by clicking on the ‘‘Privacy and motor vehicles manufactured by a Petition for Inconsequentiality and number of other automakers, which are Notice of Consolidation Security Notice’’ link in the footer of http://www.regulations.gov. DOT’s not at issue here. AGENCY: National Highway Traffic complete Privacy Act Statement is The Takata filing triggered GM’s Safety Administration (NHTSA), available for review in the Federal obligation to file a DIR for the affected Department of Transportation. Register published on April 11, 2000 GM vehicles. See 49 CFR part 573; Amendment at ¶ 16; November 3, 2015 ACTION: Notice of receipt of petition. (65 FR 19477–78). The petition, supporting materials, Coordinated Remedy Order at ¶ 46. GM SUMMARY: On January 2, 2019, TK and all comments received before the ultimately submitted two DIRs on May Holdings Inc. (Takata) filed a defect close of business on the closing date 27, 2016. See Recall Nos. 16V–381 (for information report (DIR), in which it indicated above will be filed in the vehicles in Zone A) and 16V–383 (for determined that a defect existed in docket and will be considered. vehicles in Zone B). On November 15, certain passenger-side air bag inflators Comments and supporting materials 2016, GM petitioned the Agency, under that it manufactured, including received after the closing date will also 49 U.S.C. 30118(d), 30120(h) and 49 passenger inflators that it supplied to be filed and will be considered to the CFR part 556, for a decision that the General Motors, LLC (GM) for use in extent possible. When the petition is equipment defect determined to exist by certain GMT900 vehicles. GM has granted or denied, notice of the decision Takata is inconsequential as it relates to petitioned the Agency for a decision will also be published in the Federal motor vehicle safety in the GMT900 that, because of differences in inflator Register pursuant to the authority vehicles. See GM’s Petition for design and vehicle integration, the indicated at the end of this notice. Inconsequentiality and Request for Deferral of Determination Regarding equipment defect determined to exist by FOR FURTHER INFORMATION CONTACT: For Certain GMT900 Vehicles Equipped Takata is inconsequential as it relates to legal issues: Stephen Hench, Office of motor vehicle safety in the GMT900 with Takata ‘‘SPI YP’’ and ‘‘PSPI–L YD’’ the Chief Counsel, NCC–100, National Passenger Inflators (the ‘‘First Petition vehicles, and that GM should therefore Highway Traffic Safety Administration, be relieved of its notification and for Inconsequentiality’’ or ‘‘First 1200 New Jersey Avenue SE, Petition’’). In a Notice published in the remedy obligations. This notice serves Washington, DC 20590 (telephone: (202) to make the public aware of GM’s Federal Register on November 28, 2016, 366–5263). the Agency published notice of the First pending request to the agency and the For general information regarding Petition and granted two administrative period for public comment. It does not NHTSA’s investigation into Takata air requests, accepting the petition out of address GM’s substantive claims, nor bag inflator ruptures and the related time and granting GM additional time to legal arguments or interpretations recalls: http://www.safercar.gov/rs/ provide data in support of the petition. asserted by GM. takata/index.html. See 81 FR 85681. DATES: The closing date for comments is SUPPLEMENTARY INFORMATION: On January 3, 2017, Takata timely July 18, 2019. I. Background submitted the second scheduled ADDRESSES: Interested persons are equipment DIRs for additional covered invited to submit written data, views, On May 4, 2016, NHTSA issued, and passenger inflators. See Recall Nos. and arguments regarding this petition Takata agreed to, an Amendment to the 17E–001, 17E–002, and 17E–003. Again, for inconsequentiality. Comments must November 3, 2015 Consent Order (the the Takata filing triggered GM’s refer to the docket and notice number ‘‘Amendment’’), under which Takata is obligation to file a DIR for the affected cited in the title of this notice and be bound to declare a defect in all frontal GM vehicles. See 49 CFR part 573; submitted by one of the following driver and passenger air bag inflators Amendment at ¶ 16; Third Amendment methods: that contain a phase-stabilized to Coordinated Remedy Order at ¶ 32. • Internet: Go to http:// ammonium nitrate (PSAN)-based GM ultimately submitted its DIRs on www.regulations.gov and follow the propellant and do not contain a January 10, 2017, and notified NTHSA online instructions for submitting moisture-absorbing desiccant. Such of its intention to file an comments. defect declarations are being made on a inconsequentiality petition.1 • Mail: Docket Management Facility, rolling basis, with the first declaration M–30, U.S. Department of due May 16, 2016, the second 1 When a manufacturer files a petition for Transportation, 1200 New Jersey declaration due December 31, 2016, the inconsequentiality, the affected DIR will not be

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Contemporaneous with its DIRs, GM extraordinary—denied GM’s request Virginia, and West Virginia. See submitted to the Agency a Petition for that NHTSA defer decision on the Third Amendment at ¶ 7.b. Inconsequentiality and Request for Petition until March 31, 2018. See 83 FR • In Zone C, affected model year Deferral of Determination Regarding 15233. 2010–2014 GMT900 vehicles. Zone C Certain GMT900 Vehicles Equipped comprises the following states: Alaska, GM’s January 11, 2019 DIRs with Takata ‘‘SPI YP’’ and ‘‘PSPI–L YD’’ Colorado, Connecticut, Idaho, Iowa, Passenger Inflators Subject to January Takata submitted the fourth Maine, Massachusetts, Michigan, 2017 Takata Equipment DIR Filings (the scheduled equipment DIRs on January Minnesota, Montana, New Hampshire, ‘‘Second Petition for 2, 2019. Once more, the Takata filing New York, North Dakota, Oregon, Rhode Inconsequentiality’’ or ‘‘Second triggered GM’s obligation to file a DIR Island, South Dakota, Utah, Vermont, Petition’’). for the affected GM vehicles. See 49 CFR Washington, Wisconsin, and Wyoming. On September 11, 2017, the Agency part 573; Amendment at ¶ 16; Third See Amendment at ¶ 7.c. published a notice of receipt of the Amendment to Coordinated Remedy III. Summary of GM’s Fourth Petition Second Petition and, as GM’s Second Order at ¶ 32. GM submitted its DIRs on for Inconsequentiality Petition was virtually identical to its January 11, 2019. Therein, in First Petition (both involved the same accordance with 49 CFR 573.6(c)(8)(iii), GM’s Fourth Petition relies on covered passenger inflators and same GM notified NHTSA of its intention to arguments, data, and analysis in its First vehicle platform, relied upon the same file a petition for inconsequentiality and and Second Petitions (and supplemental purported evidence, and would rely contemporaneously submitted to the brief thereto) and Third Petition, upon the same forthcoming report), Agency a Petition for Inconsequentiality information submitted to the Agency consolidated the Second Petition with Regarding Certain GMT900 Vehicles during briefings with NHTSA, the First Petition under Docket No. Equipped with Takata ‘‘SPI YP’’ and additional arguments and engineering NHTSA–2016–0124. See 82 FR 42718. ‘‘PSPI–L YD’’ Passenger Inflators analysis as presented in the Fourth On January 2, 2018, Takata timely 2 Subject to January 2019 Takata Petition, and the full administrative submitted the third scheduled Equipment DIR Filings (the ‘‘Fourth record. See Fourth Petition at 1. equipment DIRs for additional covered Petition for Inconsequentiality’’ or According to the Fourth Petition, passenger inflators. See Recall Nos. ‘‘Fourth Petition’’).4 ‘‘[a]fter the filing of the Third Petition, 18E–001, 18E–002, and 18E–003. Again, GM and Northrop Grumman continued II. Class of Motor Vehicles Involved the Takata filing triggered GM’s to investigate and analyze the longer- obligation to file a DIR for the affected GM’s Fourth Petition involves certain term performance of the GMT900 GM vehicles. See 49 CFR part 573; ‘‘GMT900’’ vehicles that contain the Inflators.’’ 5 Id. at 3. Specifically, GM Amendment at ¶ 16; Third Amendment covered passenger inflators (designated states that Northrop Grumman: Aged to Coordinated Remedy Order at ¶ 32. as inflator types ‘‘SPI YP’’ and ‘‘PSPI– leftover GMT900 inflators from the GM ultimately submitted its DIRs on L YD’’). GMT900 is a GM-specific original aging study to ‘‘extreme field January 9, 2018, and notified NTHSA of vehicle platform that forms the exposure’’ of an estimated thirty-five its intention to file an structural foundation for a variety of GM years—‘‘produc[ing] more ruptures in inconsequentiality petition.3 trucks and sport utility vehicles, the comparison group non-GMT900 Contemporaneous with its DIRs, GM including: Chevrolet Silverado 1500, Takata inflators but no ruptures in the submitted to the Agency a Petition for GMC Sierra 1500, Chevrolet Silverado GMT900 Inflators’’—and applied a Inconsequentiality Regarding Certain 2500/3500, GMC Sierra 2500/3500, predictive-rupture model to GMT900 GMT900 Vehicles Equipped with Takata Chevrolet Tahoe, Chevrolet Suburban, Inflators yielding results consistent with ‘‘SPI YP’’ and ‘‘PSPI–L YD’’ Passenger Chevrolet Avalanche, GMC Yukon, those from the long-term aging study. Id. Inflators Subject to January 2018 Takata GMC Yukon XL, Cadillac Escalade, at 3–4. GM contends it thereby ‘‘has Equipment DIR Filings (the ‘‘Third Cadillac Escalade ESV, and Cadillac established that worse-than-worst case Petition for Inconsequentiality’’ or Escalade EXT. The Fourth Petition humidity exposure and temperature ‘‘Third Petition’’). GM’s Third Petition involves the following GMT900 cycling will not cause inflator ruptures vehicles: requested that NHTSA grant GM’s First, • in the GMT900 Vehicles at any point Second and Third Petitions or, in the In Zone A, affected model year 2014 within even unrealistically conservative alternative, that NHTSA defer its GMT900 vehicles. Zone A comprises the vehicle-service life estimates’’—i.e., that decision on the First, Second, and Third following states and U.S. territories: the covered passenger inflators, as Petitions until March 31, 2018, which Alabama, California, Florida, Georgia, integrated into the GMT900 vehicles, do would allow GM time to complete Hawaii, Louisiana, Mississippi, South not present an unreasonable risk to Carolina, Texas, Puerto Rico, American further study and analysis. safety. See id. at 4. On April 9, 2018, the Agency Samoa, Guam, the Northern Mariana According to the Fourth Petition, published a notice of receipt of the Islands (Saipan), and the U.S. Virgin GM’s position is based upon the Third Petition, consolidated the Third Islands. See Amendment at ¶ 7.a. following: Field data, including GM’s • In Zone B, affected model year Petition with the First and Second estimated 66,894 Takata passenger air 2011–2014 GMT900 vehicles. Zone B Petitions under Docket No. NHTSA– bag inflator deployments in GMT900 comprises the following states: Arizona, 2016–0124, and—emphasizing that vehicles without a reported rupture and Arkansas, Delaware, District of NHTSA’s previous grant of additional ballistic tests of 4,270 covered passenger Columbia, Illinois, Indiana, Kansas, time for GM to present information was inflators without a rupture, the ‘‘final’’ Kentucky, Maryland, Missouri, results of Northrop Grumman’s study of Nebraska, Nevada, New Jersey, New made public unless and until the Agency denies the Mexico, North Carolina, Ohio, petition. 5 To supplement its internal analysis, GM 2 December 31, 2017 was a Sunday, and Monday, Oklahoma, Pennsylvania, Tennessee, retained a third-party expert, Orbital ATK January 1, 2018 was a federal holiday. (‘‘OATK’’), to conduct a long-term aging study to 3 When a manufacturer files a petition for 4 When a manufacturer files a petition for estimate the service life expectancy of the covered inconsequentiality, the affected DIR will not be inconsequentiality, the affected DIR will not be passenger inflators in the GMT900 vehicles. See made public unless and until the Agency denies the made public unless and until the Agency denies the First Petition at 12. Northrop Grumman has since petition. petition. acquired OATK.

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inflators artificially exposed to Third Petitions (the ‘‘Consolidated FOR FURTHER INFORMATION CONTACT: For additional humidity and temperature Petitions’’) under Docket No. NHTSA– further information concerning this cycling without a rupture or abnormal 2016–0124. notice, please contact the Port deployment and accompanying Authority: 49 U.S.C. 30101, et seq., 30118, Infrastructure Development Program statistical interpretation of those 30120(h), 30162, 30166(b)(1), 30166(g)(1); staff via email at [email protected], or call results,6 and a predictive-aging model delegation of authority at 49 CFR 1.95(a); 49 Bob Bouchard, Director, Office of Port developed by Northrop Grumman. Id. at CFR parts 556, 573, 577. Infrastructure Development, at 202– 12–16. GM also states that it ‘‘does not Dated: June 12, 2019. 366–5076. A TDD is available for believe’’ that objections in several Jonathan Morrison, individuals who are deaf or hard of public comments regarding the design hearing at 202–366–3993. In addition, Chief Counsel. of the aging study ‘‘merit a the Department of Transportation (DOT) comprehensive response,’’ although GM [FR Doc. 2019–12869 Filed 6–17–19; 8:45 am] will regularly post answers to questions does ‘‘emphasize[ ]’’ ‘‘a few points BILLING CODE 4910–59–P and requests for clarifications as well as regarding the study’s design’’ to contend information about webinars for further that its analysis is supported. See id. at information at www.transportation.gov/ DEPARTMENT OF TRANSPORTATION 15–16. Portgrants. In addition, GM states that the Office of the Secretary of SUPPLEMENTARY INFORMATION: Each covered passenger inflators are not used Transportation section of this notice contains by any other original equipment information and instructions relevant to manufacturer and, further, that the Notice of Funding Opportunity for covered inflators have a number of the application process for the Port Department of Transportation’s Port Infrastructure Development Program unique design features that influence Infrastructure Development Program burn rates and internal ballistic discretionary grants, and all applicants Under the Consolidated should read this notice in its entirety so dynamics, including greater vent-area- Appropriations Act, 2019 to-propellant-mass ratios, steel end that they have the information they caps, and thinner propellant wafers. See need to submit eligible and competitive AGENCY: Office of the Secretary of applications. id. at 6. GM also states that the physical Transportation, DOT. environment of the GMT900 vehicles Table of Contents better protects the covered passenger ACTION: Notice of funding opportunity. inflators from temperature cycling that A. Program Description can lead to propellant degradation and, SUMMARY: The Consolidated B. Federal Award Information Appropriations Act, 2019 (‘‘FY 2019 C. Eligibility Information ultimately, inflator rupture. See id. at 7. D. Application and Submission Information This notice serves to make the public Appropriations Act’’), appropriated $292,730,000 for the Port Infrastructure E. Application Review Information aware of GM’s pending request to the F. Federal Award Administration agency and the period for public Development Program to make grants to Information comment. Accordingly, it does not improve port facilities at coastal G. Federal Awarding Agency Contacts address the substantive claims, or legal seaports. This notice announces the H. Other Information availability of funding for grants under arguments or interpretations, asserted A. Program Description by GM. this program and establishes selection criteria and application requirements. The Port Infrastructure Development IV. Consolidation The Act directed that $92,730,000 of the Program was established under 46 GM’s Fourth Petition for appropriated funds shall be for grants to U.S.C. 50302. The statute authorizes the Inconsequentiality involves newer the 15 coastal seaports that handled the Department of Transportation model years of the same covered greatest number of loaded foreign and (‘‘Department’’ or ‘‘DOT’’) to establish a passenger inflators (i.e., frontal domestic twenty-foot equivalent units of port infrastructure development passenger inflator types ‘‘SPI YP’’ and containerized cargo in 2016, as program for the improvement of port ‘‘PSPI–L YD’’), the same vehicle identified by the U.S. Army Corps of facilities. To carry out a project under platform (i.e., the GMT900), and similar Engineers. Funds for the Port this program, the Department may purported evidence to support the safety Infrastructure Development Program are provide financial assistance, including of the inflators (e.g., estimated field to be awarded as discretionary grants on grants, to port authorities or deployments, ballistic testing), and a competitive basis for projects that will commissions or their subdivisions and relies upon results derived from the improve the safety, efficiency, or agents for port and intermodal same long-term aging study as GM’s reliability of the movement of goods infrastructure-related projects. The First, Second, and Third Petitions. into, out of, around, or within a coastal Consolidated Appropriations Act, 2019 Accordingly, it is appropriate to seaport, as well as the unloading and (Pub. L. 116–6, February 15, 2019) evaluate the First, Second, Third, and loading of cargo at a coastal seaport. All appropriated $292,730,000 to the Port Fourth Petitions together. In the interest Port Infrastructure Development Infrastructure Development Program, to of clarity, consistency, and efficiency, Program funding grant recipients must make discretionary grants to improve the Agency is consolidating the Fourth meet all applicable Federal port facilities at coastal seaports. The Petition with the First, Second, and requirements, including the Buy Act directed that $92,730,000 of this American Act. The purpose of this amount be reserved for grants to the 15 6 After filing its Third Petition, Northrop notice is to solicit applications for Port coastal seaports that handled the Grumman continued the long-term aging study by greatest number of loaded foreign and aging remaining GMT900 covered passenger Infrastructure Development Program. domestic twenty-foot equivalent units of inflators to thirty-five years—five years beyond the DATES: Applications must be submitted study’s original thirty years. Fourth Petition at 13. by 8:00 p.m. E.D.T. on September 16, containerized cargo in 2016, as GM states that it observed no ruptures in the identified by the U.S. Army Corps of remaining forty-five inflators after this additional 2019. aging, and that this ‘‘is consistent with field data Engineers. Through this program, the and ballistic testing data from GMT900 Inflators ADDRESSES: Applications must be Department seeks projects that will recovered from the field.’’ Id. at 13–14. submitted through Grants.gov. improve facilities at coastal seaports.

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