Federal Register/Vol. 84, No. 117/Tuesday, June 18, 2019/Notices
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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 VerDate Sep<11>2014 17:23 Jun 17, 2019 Jkt 247001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Notices 28385 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.