60 day notice

2105-0567_Defense_Authorization_60-Day_Notice_84.FR.11163_20190325.pdf

Prioritization and Allocation Exercised by the Secretary of Transportation under the Defense Production Act

60 day notice

OMB: 2105-0567

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Federal Register / Vol. 84, No. 57 / Monday, March 25, 2019 / Notices
5. NHTSA Precedents—The
petitioners noted that NHTSA has
previously granted petitions for
decisions of inconsequential
noncompliance for the following similar
brake telltale issues:
• Docket No. NHTSA–2017–0011, 82
FR 33551 (July 20, 2017), grant of
petition for Daimler Trucks North
America, LLC.
• Docket No. NHTSA–2014–0046, 79
FR 78559 (December 30, 2014), grant of
petition for Chrysler Group, LLC.
• Docket No. NHTSA–2012–0004, 78
FR 69931 (November 21, 2013), grant of
petition for Ford Motor Company.
• Docket No. NHTSA–2017–011, 82
FR 33551 (July 20, 2017), Grant of
Petition for Decision of Inconsequential
Noncompliance for Daimler Trucks
North America, LLC.
In these instances, the vehicles
displayed an ISO symbol for the brake
telltale instead of the wording required
under FMVSS No. 101. The ISO symbol,
in combination with other available
warnings, was deemed sufficient to
provide the necessary driver warnings.
The petitioners concluded by
expressing their belief that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety, and that
NHTSA should grant their petitions to
be exempted from providing notification
of the noncompliance, as required by 49
U.S.C. 30118, and a remedy for the
noncompliance, as required by 49
U.S.C. 30120.
The petitioner’s complete petitions
and all supporting documents are
available by logging onto the Federal
Docket Management System (FDMS)
website at: https://www.regulations.gov
and following the online search
instructions to locate the docket
numbers listed in the title of this notice.
VI. NHTSA’s Analysis
NHTSA has considered the arguments
presented by the petitioners and has
determined that the subject
noncompliance is inconsequential to
motor vehicle safety. NHTSA believes
that the subject noncompliance poses no
risk to motor vehicle safety because
multiple sources of information, as
described in the petition and discussed
below, are simultaneously activated to
warn the driver of a low air pressure
condition in the brake system.
1. When a low air pressure situation
exists, for both a parked or moving
vehicle, the ISO symbol will illuminate
in red with a black background. The
petitioner’s use of red is an accepted
color representing an urgent condition
and provides a definitive indication of
a situation that needs attention.

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2. Simultaneous to illumination of the
ISO symbol is activation of an audible
alert, further notifying the operator that
a malfunction exists, requiring
corrective action. Although the alert
would not, in and of itself, identify the
problem, a driver would be prompted by
the warning tone to heed the telltale
(i.e., ISO symbol).
3. In a low-pressure situation, the
operator is provided additional feedback
by the primary and secondary
instrument cluster air gauges which are
marked with numerical values in PSI
units along with red contrasting colors
on the gauges during a low-pressure
condition.
4. Further, NHTSA agrees with the
petitioners that the functionality of the
parking brake system and the braking
performance of the service brake system
remain unaffected by use of the ISO
symbol instead of the words ‘‘Brake
Air’’ on the subject vehicles.
5. Lastly, NHTSA believes that, as the
affected trucks are predominately used
as commercial vehicles with
professional drivers, operators will
monitor their vehicle’s condition and
take note of any warning signs and
gauge readings to ensure proper
functionality of all systems. The
petitioners stated, and the agency
agrees, that professional drivers will
become familiar with the meaning of
telltales and other warnings and that the
feedback provided to the driver in these
vehicles, if a low brake pressure
condition exists, would be well
understood. This learning process is
reinforced by the in-cab function check
for the brake pressure telltale and
audible warning.
6. The ISO symbol has been used on
U.S.-certified vehicles for many years. If
the driver is not familiar with its
meaning, the Owner’s manual can be
referenced which will explain the
relationship with the brake system. Over
time, the ISO symbol has evolved to
become increasingly recognizable and
understandable to drivers so if it is
activated, they would likely be alerted
to a possible brake system malfunction
which needs to be remedied.
NHTSA concludes that simultaneous
activation of the red ISO symbol with a
black contrasting background, an
audible alert for a low air pressure
condition, along with the primary and
secondary air gauge indicators, and the
reduced drivability of the vehicles
under a low air pressure condition,
provide adequate notification to the
operator that a brake malfunction exists.
NHTSA further concludes that the
discrepancy with the telltale
requirement is unlikely to lead to any
misunderstanding since other sources of

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11163

correct information beyond the ‘‘Brake
Air’’ telltale are provided when a low
air pressure condition exists.
VII. NHTSA’s Decision
In consideration of the foregoing,
NHTSA finds that Autocar Industries
and Hino have met their burden of
persuasion that the FMVSS No. 101
noncompliance is, in each case,
inconsequential as it relates to motor
vehicle safety. Accordingly, Autocar
Industries and Hino’s petitions are
hereby granted, and they are exempted
from the obligation to provide
notification of and remedy for, the
subject noncompliance in the affected
vehicles 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 the subject
vehicles that Autocar Industries and
Hino no longer controlled at the time it
determined that the noncompliance
existed. 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 Autocar Industries and
Hino notified them that the subject
noncompliance existed.
Authority: 49 U.S.C. 30118, 30120,
delegations of authority at 49 CFR 1.95 and
501.8.
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019–05600 Filed 3–22–19; 8:45 am]
BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION
[Docket No. DOT–OST–2015–0271]

Agency Request for Renewal of a
Previously Approved Information
Collection: Prioritization and
Allocation Authority Exercised by the
Secretary of Transportation Under the
Defense Production Act
Office of the Secretary of
Transportation, DOT.
ACTION: Notice and request for
comments.
AGENCY:

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Federal Register / Vol. 84, No. 57 / Monday, March 25, 2019 / Notices

The Department of
Transportation (DOT) invites public
comments about our intention to request
the Office of Management and Budget
(OMB) approval to renew an
information collection. The collection
involves information required in an
application to request Special Priorities
Assistance. The information to be
collected is necessary to facilitate the
supply of civil transportation resources
to promote the national defense. We are
required to publish this notice in the
Federal Register by the Paperwork
Reduction Act of 1995, Public Law 104–
13.
DATES: Written comments should be
submitted by May 24, 2019.
ADDRESSES: You may submit comments
[identified by Docket No. DOT–OST–
2015–0271] through one of the
following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail or Hand Delivery: Docket
Management Facility, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE, West Building, Room W12–
140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except on Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Anita Womack, 202–366–2250, Office of
Intelligence, Security and Emergency
Response, Office of the Secretary of
Transportation, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 2105–0567.
Title: Prioritization and Allocation
Authority Exercised by the Secretary of
Transportation Under the Defense
Production Act.
Form Numbers: OST F 1254.
Type of Review: Renewal of a
previously approved information
collection.
SUMMARY:

Background
The Defense Production Act
Reauthorization of 2009 (Pub. L. 111–
67, September 30, 2009) requires each
Federal agency with delegated authority
under section101 of the Defense
Production Act of 1950, as amended (50
U.S.C. App. § 2061 et seq.) to issue final
rules establishing standards and
procedures by which the priorities and
allocations authority is used to promote
the national defense. The Secretary of
Transportation has the delegated
authority for all forms of civil
transportation. DOT’s final rule,
Transportation Priorities and Allocation
System (TPAS), published October

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2012, requires this information
collection. Form OST F 1254, Request
for Special Priorities Assistance, would
be filled out by private sector
applicants, such as transportation
companies or organizations. The private
sector applicant must submit company
information, the services or items for
which the assistance is requested, and
specific information about those
services or items.
Respondents: Private sector
applicants, such as transportation
companies or organizations.
Number of Respondents: We estimate
6 respondents.
Total Annual Burden: We estimate an
average burden of 30 minutes per
respondent for an estimated total annual
burden of 3 hours.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for the
Department’s performance; (b) the
accuracy of the estimated burden; (c)
ways for the Department to enhance the
quality, utility and clarity of the
information collection; and (d) ways
that the burden could be minimized
without reducing the quality of the
collected information. The agency will
summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended;
and 49 CFR 1:48.
Issued in Washington, DC, on March 20,
2019.
Donna O’Berry,
Deputy Director, Office of Intelligence,
Security and Emergency Response.
[FR Doc. 2019–05650 Filed 3–22–19; 8:45 am]
BILLING CODE 4910–9X–P

DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Notice of OFAC Sanctions Actions
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:

The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names
of one or more persons that have been
placed on OFAC’s Specially Designated
Nationals and Blocked Persons List
based on OFAC’s determination that one
or more applicable legal criteria were
satisfied. All property and interests in
property subject to U.S. jurisdiction of
these persons are blocked, and U.S.

SUMMARY:

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persons are generally prohibited from
engaging in transactions with them.
DATES: See SUPPLEMENTARY INFORMATION
section.
FOR FURTHER INFORMATION CONTACT:
OFAC: Associate Director for Global
Targeting, tel.: 202–622–2420; Assistant
Director for Sanctions Compliance &
Evaluation, tel.: 202–622–2490;
Assistant Director for Licensing, tel.:
202–622–2480; Assistant Director for
Regulatory Affairs, tel. 202–622–4855;
or the Department of the Treasury’s
Office of the General Counsel: Office of
the Chief Counsel (Foreign Assets
Control), tel.: 202–622–2410.
SUPPLEMENTARY INFORMATION:
Electronic Availability
The Specially Designated Nationals
and Blocked Persons List and additional
information concerning OFAC sanctions
programs are available on OFAC’s
website (www.treasury.gov/ofac).
Notice of OFAC Actions
On March 15, 2019, OFAC
determined that the property and
interests in property subject to U.S.
jurisdiction of the following persons are
blocked under the relevant sanctions
authorities listed below.
Individuals
1. MEDVEDEV, Gennadiy (a.k.a.
MEDVIEDIEV, Gennadiy Nikolayevich); DOB
14 Sep 1959; citizen Russia; Gender Male;
Deputy Director of the Border Guard Service
of the Federal Security Service of the Russian
Federation (individual) [UKRAINE–
EO13661].
Designated pursuant to section 1(a)(ii)(A)
of Executive Order 13661 of March 16, 2014,
‘‘Blocking Property of Additional Persons
Contributing to the Situation in Ukraine’’
(E.O. 13661), for being an official of the
Government of the Russian Federation.
2. NAYDENKO, Aleksey Alekseevich
(Cyrillic: YFQLTYRJ, Fktrctq Fktrcttdbx)
(a.k.a. NAIDENKO, Aleksey; a.k.a.
NAYDENKO, Oleksii Oleksiyovych (Cyrillic:
YFQLTYRJ, Jktrc“q Jktrc“qjdbx); DOB 02
Jun 1980; POB Donetsk, Ukraine; Gender
Male (individual) [UKRAINE–EO13660].
Designated pursuant to section 1(a)(i)(B) of
Executive Order 13660 of March 10, 2014
‘‘Blocking Property of Certain Persons
Contributing to the Situation in Ukraine’’
(E.O. 13660), for being responsible for or
complicit in, or having engaged in, directly
or indirectly, actions or policies that threaten
the peace, security, stability, sovereignty, or
territorial integrity of Ukraine.
3. ROMASHKIN, Ruslan (a.k.a.
ROMASHKIN, Ruslan Aleksandrovich
(Cyrillic: HJVFIRBY, Heckfy
Fktrcfylhjdbx); DOB 15 Jun 1976; Gender
Male; Head of the Service Command Point of
the Federal Security Service of the Russian
Federation for the Republic of Crimea and
Sevastopol (individual) [UKRAINE–
EO13661].

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