60 Day Notice

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Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Notices
lamps are similar to GM’s hazard
warning signal lamps, which NHTSA
discussed in an interpretation letter to
GM.19 The NHTSA interpretation letter
that DTNA references pertains to GM’s
adaptive cruise control system (herein
referred to as ‘‘Super Cruise’’). However,
the differences between Super Cruise
and DTNA’s system are notable. For
example, the Super Cruise hazard
warning signal lamps only activate after
the GM vehicles have come to a
complete stop. In contrast, DTNA’s
system operates while vehicles are in
motion on a roadway and traveling at
various speeds. Another significant
difference is that with respect to Super
Cruise, the actions that a vehicle
automatically takes only occur after the
Super Cruise system determines that a
driver is unable or unwilling to take
control of the vehicle (e.g., the driver is
incapacitated or unresponsive). In
contrast, video provided by DTNA
appears to show that an affected truck
may not have come to a complete stop
during the ABA event, or taken evasive
maneuvers—then the truck continued to
move with traffic after the event
concluded. Furthermore, it appeared
that DTNA’s system kept the hazard
warning signal lamps activated—even
after the Automatic Emergency Braking
(AEB) event concluded and the operator
of the truck maintained or increased the
speed to match the flow of traffic.
While DTNA believes that this
noncompliance is also inconsequential
because the ‘‘limited context in which
the hazard lamps automatically activate
ensures the message which the hazard
warning lamps is communicating is
clear and does not confuse other drivers
about the meaning of the lamps,’’
NHTSA disagrees. As NHTSA noted in
the 2016 letter to GM, the purpose of the
hazard warning is to indicate to
approaching drivers that the vehicle is
stopped or is proceeding at a slower rate
than surrounding traffic. So, for
example, we have opined that the
hazard lights may be automatically
activated following a crash 20 or once
the vehicle is stopped in or near the
roadway by a ‘‘Super Cruise’’ system
after a human driver fails to respond 21
because in those situations there would

be no ambiguity about the signal’s
meaning (that the vehicle is stopped).
On the other hand, we have expressly
found that automatic activation of the
hazard lights is not permitted to
indicate a braking event, such as ‘‘hard’’
braking. For example, in a letter to
Steele Enterprises, we opined that the
hazards could not be automatically
activated upon application of a vehicle’s
anti-lock brake system.22 We affirmed
this letter in our subsequent letter to
Senator Lugar, which DTNA cited in its
petition. There, we noted that the
system at issue would automatically
activate the vehicle’s hazard warning
system ‘‘when a vehicle is rapidly
braking.’’ We opined that automatic
activation of the hazard lamps was not
permitted in this situation because it
had the potential for confusing other
motorists.23
DTNA’s reliance on the letter to
Senator Lugar is therefore misplaced.
We disagree that the automatic
activation in the subject trucks—when
the truck is in motion to indicate an
emergency braking event—is consistent
with the type of message the hazard
lamps are intended to convey. We also
disagree that the hazard warning lamps
remaining activated after the AEB event
has concluded and the truck resumes in
motion is permitted. Neither case
represents the circumstances in which
the hazard lights are customarily used.
Moreover, because the truck’s stop
lamps (which are steady-burning) are
activated in the second phase, activating
the hazard lamps in the third phase,
should the attached trailer be configured
to have a combined stop lamp and turn
signal lamp, would cause the stop lamps
to flash. We believe both of these
aspects of the warning activation, either
separately or in combination, have the
potential to confuse other motorists that
follow an affected truck. Finally, while
DTNA states that ‘‘throughout the ABA
event, the hazard warning signal
operating unit can be manually engaged
by the driver,’’ NHTSA believes this is
an irrelevant argument as DTNA’s
system automatically operates the
hazard warning signal lamps even when
it is not manually activated.

19 See NHTSA’s letter to Brian Latouf, Executive
Director, GM (November 18, 2016) at https://
www.nhtsa.gov/interpretations/16-1289-gm-hazardinnovative-28-apr-16-rsy.
20 See Letter to Timothy Bartlett (January 28,
2002) at https://www.nhtsa.gov/interpretations/
23695ztv.
21 See Letter to Brian Latouf, Executive Director,
GM (November 18, 2016) at https://www.nhtsa.gov/
interpretations/16-1289-gm-hazard-innovative-28apr-16-rsy.

22 See Letter to Mark Steele, Steel Enterprises
(October 7, 1999) at https://www.nhtsa.gov/
interpretations/20662ztv.
23 See Letter to Senator Lugar (May 9, 2000) at
https://www.nhtsa.gov/interpretations/21478ztv.
See also Letter to Paul Michelotti (January 5, 2001)
(opining that FMVSS No. 108 does not permit
automatic activation of hazard warning lights
‘‘under circumstances of heavy braking or sudden
stoppage’’) at https://www.nhtsa.gov/
interpretations/22403ztv.

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VII. NHTSA’s Decision
In consideration of the foregoing,
NHTSA has decided that DTNA has not
met its burden of persuasion that the
subject FMVSS No. 108 noncompliances
are inconsequential to motor vehicle
safety. Accordingly, DTNA’s petition is
hereby denied and DTNA is obligated to
provide notification of and free remedy
for the noncompliances under 49 U.S.C.
30118 and 30120.
(Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8.)
Anne L. Collins,
Associate Administrator for Enforcement.
[FR Doc. 2023–05901 Filed 3–21–23; 8:45 am]
BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2023–0007 (Notice No.
2023–02)]

Hazardous Materials: Information
Collection Activities
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995,
PHMSA invites comments on three
Office of Management and Budget
(OMB) control numbers pertaining to
hazardous materials transportation.
PHMSA intends to request renewal for
these three control numbers from OMB.
DATES: Interested persons are invited to
submit comments on or before May 22,
2023.
ADDRESSES: You may submit comments
identified by the Docket Number
PHMSA–2023–0007 (Notice No. 2023–
02) by any of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Management System;
U.S. Department of Transportation,
West Building, Ground Floor, Room
W12–140, Routing Symbol M–30, 1200
New Jersey Avenue SE, Washington, DC
20590.
• Hand Delivery: To the Docket
Management System; Room W12–140
on the ground floor of the West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
SUMMARY:

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Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Notices

and 5 p.m., Monday through Friday,
except Federal holidays.
Instructions: All submissions must
include the agency name and Docket
Number (PHMSA–2023–0007) for this
notice at the beginning of the comment.
To avoid duplication, please use only
one of these four methods. All
comments received will be posted
without change to the Federal Docket
Management System (FDMS) and will
include any personal information you
provide.
Requests for a copy of an information
collection should be directed to Steven
Andrews or Glenn Foster, Standards
and Rulemaking Division, (202) 366–
8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
Docket: For access to the dockets to
read background documents or
comments received, go to http://
www.regulations.gov or DOT’s Docket
Operations Office (see ADDRESSES).
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
Confidential Business Info:
Confidential Business Information (CBI)
is commercial or financial information
that is both customarily and actually
treated as private by its owner. Under
the Freedom of Information Act (FOIA)
(5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments
responsive to this notice contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and

that is relevant or responsive to this
notice, it is important that you clearly
designate the submitted comments as
‘‘CBI.’’ Please mark each page of your
submission containing CBI as
‘‘PROPIN.’’ PHMSA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
notice. Submissions containing CBI
should be sent to Steven Andrews or
Glenn Foster, Standards and
Rulemaking Division and addressed to
the Pipeline and Hazardous Materials
Safety Administration, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001. Any commentary that PHMSA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT:
Steven Andrews or Glenn Foster,
Standards and Rulemaking Division,
(202) 366–8553, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, Washington, DC
20590–0001.
SUPPLEMENTARY INFORMATION: Section
1320.8(d), title 5, Code of Federal
Regulations (CFR) requires PHMSA to
provide interested members of the
public and affected agencies an
opportunity to comment on information
collection and recordkeeping requests.
This notice identifies information
collection requests that PHMSA will be
submitting to OMB for renewal and
extension. These information
collections are contained in 49 CFR
171.6 of the Hazardous Materials
Regulations (HMR; 49 CFR parts 171–
180). PHMSA has revised burden
estimates, where appropriate, to reflect
current reporting levels or adjustments
based on changes in proposed or final
rules published since the information
collections were last approved. The

Information collection

Respondents

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Telephone Notifications ...................................................................................
Incident Reports Paper—Written .....................................................................
Incident Reports—Electronic ...........................................................................

Affected Public: Shippers and carriers
of hazardous materials.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 518.
Total Annual Responses: 23,324.
Total Annual Burden Hours: 20,454.
Frequency of Collection: On occasion.
Title: Cargo Tank Motor Vehicles in
Liquefied Compressed Gas Service.
OMB Control Number: 2137–0595.

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180
172
166

Summary: This information collection
and recordkeeping burden pertains to
the requirements applicable to the
manufacture, certification, inspection,
repair, maintenance, and operation of
certain DOT specification and nonspecification cargo tank motor vehicles
used to transport liquefied compressed
gases. These requirements are intended
to ensure cargo tank motor vehicles

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following information is provided for
each information collection: (1) title of
the information collection, including
former title if a change is being made;
(2) OMB control number; (3) summary
of the information collection activity; (4)
description of affected public; (5)
estimate of total annual reporting and
recordkeeping burden; and (6)
frequency of collection. PHMSA will
request a 3-year term of approval for
each information collection activity and
will publish a notice in the Federal
Register alerting the public upon OMB’s
approval.
PHMSA requests comments on the
following information collections:
Title: Hazardous Materials Incident
Reports.
OMB Control Number: 2137–0039.
Summary: This information collection
is applicable upon occurrence of an
incident as prescribed in 49 CFR 171.15
and 171.16. A Hazardous Materials
Incident Report, DOT Form F 5800.1,
must be completed by a person in
physical possession of a hazardous
material at the time a hazardous
material incident occurs in
transportation, such as a release of
materials, serious accident, evacuation,
or closure of a main artery. Incidents
meeting criteria in 49 CFR 171.15 also
require a telephonic report. This
information collection enhances the
Agency’s ability to evaluate the
effectiveness of its regulatory program,
determine the need for regulatory
changes, and address emerging
hazardous materials transportation
safety issues. The requirements apply to
all interstate and intrastate carriers
engaged in the transportation of
hazardous materials by rail, air, water,
and highway. The following information
collections and their burdens are
associated with this OMB Control
Number:
Total annual
responses
716
2,888
19,720

Hours per
response
0.08
1.6
0.8

Total annual
burden hours
57
4,621
15,776

used to transport liquefied compressed
gases are operated safely, and to
minimize the potential for catastrophic
releases during unloading and loading
operations. They include: (1)
requirements for operators of cargo tank
motor vehicles in liquefied compressed
gas service to develop operating
procedures applicable to unloading
operations and carry the operating

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Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Notices
procedures on each vehicle; (2)
inspection, maintenance, marking, and
testing requirements for the cargo tank
discharge system, including delivery
hose assemblies; and (3) requirements

for emergency discharge control
equipment on certain cargo tank motor
vehicles transporting liquefied
compressed gases that must be installed
and certified by a Registered Inspector.

Information collection

Respondents

Marking New/Repaired Hoses with Unique Identifier ......................................
Monthly Hose Inspections Record ...................................................................
Record of Monthly Piping Tests Record ..........................................................
Hose Pressure Test Marking Record ..............................................................
Annual Hose Test Record ...............................................................................
Cargo Tanks in Other Than Metered Delivery Service—Design Certification
for Automatic Shutoff ...................................................................................
Cargo Tanks in Other Than Metered Delivery Service—Instillation of Shutoff
System by a Registered Inspector ...............................................................
Cargo Tank Motor Vehicles in Metered Delivery Service—Certification of
Remote-Control Equipment by a Registered Inspector ...............................

Affected Public: Carriers in liquefied
compressed gas service, manufacturers
and repairers.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 34,450.
Total Annual Responses: 906,168.
Total Annual Burden Hours: 182,232.
Frequency of Collection: On occasion.
Title: Inspection and Testing of Meter
Provers.
OMB Control Number: 2137–0620.
Summary: This information collection
and recordkeeping burden results from
the requirements pertaining to the use,
inspection, and maintenance of
mechanical displacement meter provers
(meter provers) used to check the
accurate flow of liquid hazardous
materials into bulk packagings, such as
portable tanks and cargo tank motor
vehicles, under the HMR. These meter
provers are used to ensure that the
proper amount of liquid hazardous

Affected Public: Owners of meter
provers used to measure liquid
hazardous materials flow into bulk
packagings such as cargo tanks and
portable tanks.

Hours per
response

Total annual
burden hours

12,172
439,960
400,112
12,172
36,652

0.083
0.1
0.2
0.083
0.42

1,010
43,996
80,022
1,010
15,394

150

900

8

7,200

150

900

8

7,200

150

3300

8

26,400

Respondents

Annual Visual Inspection .................................................................................
Hydrostatic Pressure Test (Every 5 Years) .....................................................

Total annual
responses

6800
6800
6800
6800
6800

materials is being loaded and unloaded.
These meter provers consist of a gauge
and several pipes that always contain
small amounts of the liquid hazardous
material in the pipes as residual
material and, therefore, must be
inspected and maintained in accordance
with the HMR to ensure they are in
proper calibration and working order.
These meter provers are not subject to
the specification testing and inspection
requirements in 49 CFR part 178.
However, these meter provers must be
visually annually inspected and
hydrostatic pressure tested every five
years in order to ensure they are
properly working as specified in 49 CFR
173.5a of the HMR. Therefore, this
information collection requires that:
(1) Each meter prover must undergo
and pass an annual external visual
inspection to ensure that the meter
provers used in the flow of liquid
hazardous materials into bulk

Information collection

The following information collections
and their burdens are associated with
this OMB Control Number:

packagings are accurate and in
conformance with the performance
standards in the HMR.
(2) Each meter prover must undergo
and pass a hydrostatic pressure test at
least every 5 years to ensure that the
meter provers used in the flow of liquid
hazardous materials into bulk
packagings are accurate and in
conformance with the performance
standards in the HMR.
(3) Each meter prover must
successfully complete the test and
inspection and must be marked in
accordance with 49 CFR 180.415(b) and
173.5a.
(4) Each owner must retain a record
of the most recent visual inspection and
pressure test until the meter prover is
requalified.
The following information collections
and their burdens are associated with
this OMB Control Number:
Total annual
responses

250
250

Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 500.
Total Annual Responses: 500.
Total Annual Burden Hours: 175.
Frequency of Collection: On occasion.

Hours per
response

250
250

Total annual
burden hours

0.5
0.2

Issued in Washington, DC, on March 17,
2023.
Shane C. Kelley,
Director, Standards and Rulemaking, Office
of Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2023–05877 Filed 3–21–23; 8:45 am]

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