60 Day Notice

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Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Notices
for inconsequential noncompliance
where there has been a complete
omission of required tire and/or rim
information on the certification label.
Finally, Newell notes that these
vehicles have been on the road for up
to 12 years, and the company has not
received any consumer complaints
regarding an inability to read the tire
and rim information on the certification
label.
Newell also stated that it has
corrected the problem that caused these
errors so that they will not be repeated
in future production.
In summation, Newell states that it
believes that because the
noncompliances are inconsequential to
motor vehicle safety that no corrective
action is warranted.
NHTSA’s Analysis and Decision:
Section 5.3 of FMVSS 120 specifically
states:
S5.3 Each vehicle shall show the
information specified in S5.3.1 and
S5.3.2 and, in the case of a vehicle
equipped with a non-pneumatic spare
tire, the information specified in S5.3.3,
in the English language, lettered in
block capitals and numerals not less
than 2.4 millimeters high and in the
format set forth following this
paragraph. This information shall
appear either—(a) and (b) . . .
NHTSA notes that the certification
labels in question are constructed of
clear polymer plates that are 3 mm in
thickness. Lettering is engraved on the
reverse side of the label plate. While the
size of the lettering as measured on the
back side of the label is only 1.8 mm in
height, its apparent height when viewed
from the front (intended viewing side)
of the label is 2 mm.
The agency agrees with Newell that
the certification labels on the subject
vehicles are likely to achieve the safety
purpose of the tire and rim labeling.
First, the tire size, and cold inflation
pressure information required by
FMVSS No. 120 is correct and contained
in the label, and maximum inflation
pressure is marked on the tires and the
rim size is marked on the rims. Second,
based on NHTSA’s inspection of the
sample nonconforming label provided
by Newell, the letters can be easily read.
Third, while NHTSA does not agree
with Newell’s assertion that the owner’s
manuals and newsletters provide all the
information described by Newell, the
information provided does supplement
the information provided on the subject
label. Lastly, NHTSA has elected to not
address Newell’s assertions on previous
petitions for inconsequential
noncompliance.
In consideration of the foregoing,
NHTSA has determined that Newell has

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met its burden of persuasion that the
subject FMVSS No. 120 labeling
noncompliance is inconsequential to
motor vehicle safety. Accordingly,
Newell’s petition is hereby granted, and
Newell is exempted from the obligation
of providing notification of, and a
remedy for, the subject noncompliance
under 49 U.S.C. 30118 and 30120.
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore, this
decision only applies to approximately
456 vehicles that Newell no longer
controlled at the time that it determined
that a noncompliance existed in the
subject vehicles. However, the granting
of this petition does not relieve vehicle
distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant vehicles under their
control after Newell notified them that
the subject noncompliance existed.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.95 and
501.8.
Issued on: May 1, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013–11093 Filed 5–9–13; 8:45 am]
BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION
Research and Innovative Technology
Administration
[Docket Number RITA–2008–0002]

Notice of Request for Approval To
Continue To Collect New Information:
Confidential Close Call Reporting
System
Bureau of Transportation
Statistics (BTS), Research and
Innovative Technology Administration
(RITA), U.S. Department of
Transportation.
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
requirements of section 3506(c)(2)(A) of
the Paperwork Reduction Act of 1995,
this notice announces that the Bureau of
Transportation Statistics (BTS) intends
to request the Office of Management and

SUMMARY:

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Budget (OMB) renew the information
collection request for the Close Calls
project. This data collection effort is in
support of a five-year research study
aiming at improving rail safety by
analyzing information on close calls and
other unsafe occurrences in the rail
industry. The ongoing research study is
conducted by the Office of Human
Factors in the Federal Railroad
Administration and is designed to
identify safety issues and propose
corrective actions based on voluntary
reports of close calls submitted to BTS.
This collection is necessary because
data on close calls are not normally
reported to the railroad carriers or the
Federal Railroad Administration.
Continuous data collection for this
research project is necessary to develop
trends about rail safety and to improve
railroad safety on an ongoing basis.
DATES: Comments must be received by
July 9, 2013.
ADDRESSES: To ensure that your
comments are not entered more than
once into the docket, submit comments
by only one of the following methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov and follow
the instructions for sending your
comments electronically. Docket
Number: RITA–2008–2002.
• Mail: Docket Management Facility
(DMF), U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., West Building, Ground
Floor, Room W12–140, Washington, DC
20590–0001.
• Hand Delivery: Deliver to mail
address above between 9 a.m. and 5
p.m. EST, Monday through Friday,
except Federal holidays.
• Fax: (202) 493–2251.
Identify all transmission with ‘‘Docket
Number RITA–2008–0002’’ at the
beginning of each page of the document.
Instructions: All comments must
include the agency name and docket
number for this notice. Paper comments
should be submitted in duplicate. The
DMF is open for examination and
copying, at the above address from 9
a.m. to 5 p.m. EST, Monday through
Friday, except Federal holidays. If you
wish to receive confirmation of receipt
of your written comments, please
include a self-addressed, stamped
postcard with the following statement:
‘‘Comments on Docket RITA–2008–
0002.’’ The Docket Clerk will date stamp
the postcard prior to returning it to you
via the U.S. mail. Please note that all
comments received, including any
personal information, will be posted
and will be available on the Internet
users, without change, at
www.regulations.gov. You may review

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Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Notices

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DOT’s complete Privacy Act Statement
in the Federal Register published on
April 11, 2000 (Volume 65, Number 70;
pages 19477–78) or you may review the
Privacy Act Statement at
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Demetra V. Collia, Bureau of
Transportation Statistics, Research and
Innovative Technology Administration,
U.S. Department of Transportation,
Office of Advanced Studies, RTS–31,
E324–302, 1200 New Jersey Avenue SE.,
Washington, DC 20590–0001; Phone No.
(202) 366–1610; Fax No. (202) 366–
3383; email: [email protected].
Office hours are from 8:30 a.m. to 5
p.m., EST, Monday through Friday,
except Federal holidays.
Data Confidentiality Provisions: The
confidentiality of Close Calls data is
protected under the BTS confidentiality
statute (49 U.S.C. 111(k)) and the
Confidential Information Protection and
Statistical Efficiency Act (CIPSEA) of
2002 (Public Law 107–347, Title V). In
accordance with these confidentiality
statutes, only statistical and nonidentifying data will be made publicly
available through reports. Further, BTS
will not release to FRA or any other
public or private entity any information
that might reveal the identity of
individuals or organizations mentioned
in close call reports.
SUPPLEMENTARY INFORMATION:
I. The Data Collection
The Paperwork Reduction Act of 1995
(44 U.S.C. chapter 35; as amended) and
5 CFR Part 1320 require each Federal
agency to obtain OMB approval to
continue an information collection
activity. BTS is seeking OMB approval
for the following BTS information
collection activity:
Title: Confidential Close Call
Reporting System.
OMB Control Number: 2139–0010.
Type of Review: Approval to continue
to collect new information: Confidential
Close Call Reporting System (C3RS).
Respondents: Employees of selected
(pilot) railroad sites.
Number of Respondents: 3,100 (per
annum).
Estimated Time per Response: 0.50
hours.
Frequency: Intermittent for
approximately two (2) years. (Reports
are submitted when there is a qualifying
event, i.e. a close call occurs within a
pilot site. The frequency of such an
event is estimated to be two per day.)
Total Annual Burden: 365.00 hours.
II. Background
Collecting data on the nation’s
transportation system is an important

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component of BTS’ mission and
responsibility to the transportation
community as stated in its authorizing
statute (49 U.S.C. 6302). BTS and FRA
share a common interest in promoting
rail safety based on better data. To that
end, FRA’s Office of Safety is
sponsoring the Confidential Close Call
Reporting System (C3RS) Demonstration
Project to investigate the effectiveness of
such a data collection system in
improving rail safety. The data
collection phase of this study was
initiated in February, 2007 and is
scheduled to continue for
approximately 2 more years.
A close call represents a situation in
which an ongoing sequence of events
was stopped from developing further,
preventing the occurrence of potentially
serious safety-related consequences.
This might include the following: (1)
Events that happen frequently, but have
low safety consequences; (2) events that
happen infrequently but have the
potential for high consequences (e.g., a
train in dark territory proceeds beyond
its authority); (3) events that are below
the FRA reporting threshold (e.g., an
event that causes a minor injury); and
(4) events that are reportable to FRA but
have the potential for a far greater
accident than the one reported (e.g., a
slow speed collision with minor damage
to the equipment and no injuries.)
Employees involved in reporting a
close call incident will be asked to fill
out a report and participate in a brief,
confidential interview. Employees will
have the option to mail or submit the
report electronically to BTS.
Participants will be asked to provide
information such as: (1) Name and
contact information; (2) time and
location of the event; (3) a short
description of the event; (4) contributing
factors to the close call; and (5) any
other information that might be useful
in determining a root cause of such
event.
BTS collects close call reports
submitted by railroad employees and
protects the confidentiality of these data
through its own statute (49 U.S.C.
6302(i)) and the Confidential
Information Protection and Statistical
Efficiency Act of 2002 (CIPSEA). In
addition, BTS is developing an
analytical database containing the
reported data and other pertinent
information to determine root causes of
frequently reported close calls. The
database is a valuable tool to railroad
carriers and the FRA in their effort to
identify safety issues and provide
corrective measures before an accident
occurs.
Voluntary reporting of close calls to a
confidential system can provide a tool

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to identify and correct weaknesses in
railroad safety systems before an
accident actually occurs. The C3RS
demonstration project offers a
voluntary, cooperative, non-punitive
environment to communicate safety
concerns. Through the analysis of close
calls the FRA and the railroad
community receive information about
factors that may contribute to unsafe
events and the error recovery
mechanisms that prevented an adverse
consequence from occurring. Such
information is used to develop new
training programs, identify root causes
of potentially adverse events, assess risk
and allocate resources to address those
risks more efficiently. In addition, the
database provides rail safety researchers
with valuable information regarding
precursors to safety risks and
contributes to research and
development of intervention programs
aimed at preventing accidents and
fatalities.
III. Request for Comments
BTS requests comments on any
aspects of these information collections,
including: (1) The accuracy of the
estimated burden of 365 hours detailed
in Section I; (2) ways to enhance the
quality, usefulness, and clarity of the
collected information; and (3) ways to
minimize the collection burden without
reducing the quality of the information
collected, including additional use of
automated collection techniques or
other forms of information technology.
Issued in Washington, DC, on May 3, 2013.
Patricia Hu,
Director, Bureau of Transportation Statistics,
Research and Innovative Technology
Administration.
[FR Doc. 2013–11190 Filed 5–9–13; 8:45 am]
BILLING CODE 4910–HY–P

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities; Information Collection
Renewal; Submission for OMB Review:
Disclosure of Financial and Other
Information by National Banks
Office of the Comptroller of the
Currency (OCC), Treasury.
ACTION: Notice and request for comment.
AGENCY:

The OCC, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on a continuing information

SUMMARY:

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