[Federal Register Volume 88, Number 204 (Tuesday, October 24, 2023)]
[Notices]
[Pages 73069-73070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23474]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2023-0038]


Initial Decision That Certain Frontal Driver and Passenger Air 
Bag Inflators Manufactured by ARC Automotive Inc. and Delphi Automotive 
Systems LLC Contain a Safety Defect; Extension of Written Submission 
Deadline

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Extension of deadline for written submissions in response to 
agency's Initial Decision That Certain Frontal Driver and Passenger Air 
Bag Inflators Manufactured by ARC Automotive Inc. and Delphi Automotive 
Systems LLC Contain a Safety Defect.

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SUMMARY: On September 22, 2023, NHTSA received a request to extend the 
period during which manufacturers and any interested person may submit 
written information in response to the agency's Initial Decision 
published on September 8, 2023. The original written submission 
deadline was October 20, 2023. NHTSA is extending the deadline to 
December 4, 2023.

DATES: The written submission deadline related to the Initial Decision 
published on September 8, 2023, at 88 FR 62140, is extended to December 
4, 2023.

ADDRESSES: You may submit written submissions to the docket number 
identified in the heading of this document by any of the following 
methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.

[[Page 73070]]

     Fax: 202-493-2251.
    Instructions: All submissions must include the agency name and 
docket number. Note that all written submissions received will be 
posted without change to https://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act discussion 
below. We will consider all written submissions received before the 
close of business on Monday, December 4, 2023.
    Docket: For access to the docket to read background documents or 
written submissions received, go to https://www.regulations.gov at any 
time or to 1200 New Jersey Avenue SE, West Building Ground Floor, Room 
W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal Holidays. Telephone: 202-366-9826.
    Privacy Act: In accordance with 49 U.S.C. 30118(b)(1), NHTSA will 
make a final decision only after providing an opportunity for 
manufacturers and any interested person to present information, views, 
and arguments. DOT posts written submissions submitted by manufacturers 
and interested persons, without edit, including any personal 
information the submitter provides, to www.regulations.gov, as 
described in the system of records notice (DOT/ALL-14 Federal Docket 
Management System (FDMS)), which can be reviewed at 
www.transportation.gov/privacy.
    Confidential Business Information: If you wish to submit any 
information under a claim of confidentiality, you must submit your 
request directly to NHTSA's Office of the Chief Counsel. Requests for 
confidentiality are governed by 49 CFR part 512. NHTSA is currently 
treating electronic submission as an acceptable method for submitting 
confidential business information (CBI) to the agency under part 512. 
If you would like to submit a request for confidential treatment, you 
may email your submission to Ashley Simpson in the Office of the Chief 
Counsel at [email protected] or you may contact her for a secure 
file transfer link. At this time, you should not send a duplicate 
hardcopy of your electronic CBI submissions to DOT headquarters. If you 
claim that any of the information or documents provided to the agency 
constitute confidential business information within the meaning of 5 
U.S.C. 552(b)(4), or are protected from disclosure pursuant to 18 
U.S.C. 1905, you must submit supporting information together with the 
materials that are the subject of the confidentiality request, in 
accordance with part 512, to the Office of the Chief Counsel. Your 
request must include a cover letter setting forth the information 
specified in our confidential business information regulation (49 CFR 
512.8) and a certificate, pursuant to Sec.  512.4(b) and part 512, 
appendix A. In addition, you should submit a copy, from which you have 
redacted the claimed confidential business information, to the Docket 
at the address given above.

FOR FURTHER INFORMATION CONTACT: Ashley Simpson, Office of the Chief 
Counsel, National Highway Traffic Safety Administration, 1200 New 
Jersey Avenue SE, Washington, DC 20590; (202) 366-8726.

SUPPLEMENTARY INFORMATION: On September 5, 2023, NHTSA issued an 
Initial Decision That Certain Frontal Driver and Passenger Air Bag 
Inflators Manufactured by ARC Automotive Inc. and Delphi Automotive 
Systems LLC Contain a Safety Defect pursuant to 49 U.S.C. 30118(a) and 
49 CFR 554.10. 88 FR 62140 (Sept. 8, 2023). More specifically, NHTSA 
initially determined that certain air bag inflators manufactured by ARC 
Automotive Inc. (ARC) and Delphi Automotive Systems LLC (Delphi) 
through January 2018 may rupture when the vehicle's air bag is 
commanded to deploy, causing metal debris to be forcefully ejected into 
the passenger compartment of the vehicle, and that these rupturing air 
bag inflators pose an unreasonable risk of serious injury or death to 
vehicle occupants. In accordance with 49 U.S.C. 30118(b)(1) and 49 CFR 
554.10(c)(4), the Initial Decision provided manufacturers and any 
interested person an opportunity to present information, views, and 
arguments in response to the Initial Decision at a public meeting and/
or by submitting written information to the Agency. The Initial 
Decision scheduled the public meeting for October 5, 2023 and set a 
deadline for written submissions of October 20, 2023. At the October 5 
public meeting, NHTSA announced that it was granting a request to 
extend the written submission date to December 4, 2023.

Written Submission Deadline Extension Request

    On September 22, 2023, NHTSA received a joint request from 13 
manufacturers asking NHTSA to extend the period for written submissions 
by 45 days. The requestors noted the significant size of the 
investigative file to which they, along with other affected 
manufacturers, were provided access.\1\ The requestors claimed that, in 
order to meaningfully respond to the Initial Decision, they needed more 
time to adequately review the information in the investigative file. A 
copy of the extension request and NHTSA's response will be added to the 
public docket.
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    \1\ The invesigative file for this matter contains a significant 
amount of confidential business information. Manufacturers with 
potential legal obligations under the Vehicle Safety Act and NHTSA 
regulations that could result from any recall order issued by NHTSA 
were provided a non-public investigative file.
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Extension of Written Submission Deadline

    After consideration of the request, NHTSA acknowledged the 
significant size of the investigative file. To ensure there is 
sufficient opportunity to present information, views, and arguments in 
response to the Initial Decision, NHTSA has granted the requested 45-
day extension of the deadline to provide written submissions. The prior 
deadline of October 20, 2023 has been extended, and written submissions 
from any interested person are now due before the close of business on 
December 4, 2023.
    Authority: 49 U.S.C. 30118(a), (b); 49 CFR 554.10; delegations of 
authority at 49 CFR 1.50(a) and 49 CFR 501.8.

Cem Hatipoglu,
Acting Associate Administrator for Enforcement.
[FR Doc. 2023-23474 Filed 10-23-23; 8:45 am]
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