48398 Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Proposed Rules 
1Available at https://www.cpsc.gov/s3fs-public/ 
Federal-Register-Notice-Amendment-to-Standard- 
for-All-Terrain-Vehicles-Notice-of-Proposed- Rulemaking.pdf?VersionId=bcc3JxBvevwLkKnSHIeL90UVi4pIq3lB. That airspace extending upward from 700 
feet above the surface within a 7.5-mile 
radius of William P. Gwinn Airport. 
* * * * * 
Issued in College Park, Georgia, on July 19, 
2023. 
Andreese C. Davis, Manager, Airspace & Procedures Team South, 
Eastern Service Center, Air Traffic Organization. 
[FR Doc. 2023–15783 Filed 7–26–23; 8:45 am] 
BILLING CODE 4910–13–P 
CONSUMER PRODUCT SAFETY 
COMMISSION 
16 CFR Part 1420 
[CPSC Docket No. 2017–0032] 
Standard for All-Terrain Vehicles 
AGENCY : Consumer Product Safety 
Commission. 
ACTION : Notice of proposed rulemaking. 
SUMMARY : The Consumer Product Safety 
Improvement Act of 2008 (CPSIA) 
required the Consumer Product Safety Commission (CPSC or the Commission) to publish, as a mandatory consumer product safety standard, the American National Standard for Four-Wheel All- Terrain Vehicles Equipment Configuration, and Performance Requirements developed by the 
Specialty Vehicle Institute of America (ANSI/SVIA 1–2007). CPSC published that mandatory consumer product safety standard on November 14, 2008. Since then, the Commission has revised this mandatory standard twice in accordance with the revision procedures set out in the CPSIA. ANSI/SVIA has again revised its standard. In accordance with CPSIA, CPSC proposes to amend the Commission’s mandatory ATV standard to reference the 2023 edition of the ANSI/SVIA standard. 
DATES : Submit comments by September 
25, 2023. 
ADDRESSES : Comments related to the 
Paperwork Reduction Act aspects of the proposed rule’s information collection requirements should be directed to the Office of Information and Regulatory Affairs, OMB, Attn: CPSC Desk Officer, FAX: 202–395–6974, or emailed to: oira_ submission@omb.eop.gov. In 
addition, written comments that are sent to OMB also should be submitted electronically at www.regulations.gov, under Docket No. CPSC–2017–0032. 
Comments related to the proposed 
rule, identified by Docket No. CPSC– 2017–0032, may be submitted electronically or in writing by any of the following methods: Electronic Submissions: Submit 
electronic comments to the Federal eRulemaking Portal at http://
www.regulations.gov. Follow the 
instructions for submitting comments. Do not submit through this website: confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. CPSC typically does not accept comments submitted by email, except as described below. 
Mail/Hand Delivery/Courier/ 
Confidential Written Submissions: CPSC encourages you to submit electronic comments using the Federal eRulemaking Portal. You may, however, submit comments by mail, hand delivery, or courier to: Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: (301) 504–7479. 
Instructions: All submissions must 
include the agency name and docket number. CPSC may post all comments without change, including any personal identifiers, contact information, or other personal information provided to www.regulations.gov. If you wish to 
submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public, you may submit such comments by mail, hand delivery, or courier, or you may email them to: cpsc- os@cpsc.gov. 
Docket: For access to the docket to 
read background documents or comments received, go to: http://www.regulations.gov, and insert the 
docket number, CPSC–2017–0032, into the ‘‘Search’’ box, and follow the prompts. 
FOR FURTHER INFORMATION CONTACT : Han 
Lim, Project Manager, Directorate for Engineering Sciences, U.S. Consumer Product Safety Commission, 5 Research Place, Rockville, MD 20850; telephone: (301) 987–2327; email: HLiml@cpsc.gov. 
SUPPLEMENTARY INFORMATION : 
I. Background and Statutory Authority 
CPSIA directed the Commission to 
‘‘publish in the Federal Register as a mandatory consumer product safety standard the American National Standard for Four Wheel All-Terrain Vehicles Equipment Configuration, and Performance Requirements developed by the Specialty Vehicle Institute of America (American National Standard ANSI/SVIA 1–2007).’’ 15 U.S.C. 2089(a)(1). Accordingly, on November 14, 2008, CPSC published a final rule mandating ANSI/SVIA 1–2007 as a consumer product safety standard. 73 FR 67385. The final rule was codified at 16 CFR part 1420. 
The Commission has revised the 
mandatory standard twice in accordance with the revision procedures set out in CPSIA and incorporated into section 42 of the Consumer Product Safety Act, 15 U.S.C. 2089(b). On February 29, 2012, the Commission published a final rule that amended the Commission’s ATV standard to reference the 2010 edition of the ANSI/SVIA standard. 77 FR 12197. Then on February 27, 2018, the Commission published a final rule that amended the mandatory ATV standard to reference the 2017 edition of the ANSI/SVIA standard. 83 FR 8336. On March 21, 2023, ANSI notified the Commission that the 2017 edition of the ANSI/SVIA standard had been revised. 
Section 42(b) of the CPSA provides 
that, if ANSI/SVIA 1–2007 is revised, ANSI must notify the Commission of the revision. The Commission has 120 days after it receives that notification to issue a notice of proposed rulemaking to amend the Commission’s mandatory ATV standard ‘‘to include any such revision that the Commission determines is reasonably related to the safe performance of [ATVs] and notify the Institute of any provision it has determined not to be so related.’’ 15 U.S.C. 2089(b)(1) and (2). Thereafter, the Commission has 180 days after publication of the proposed amendment to publish a final rule to revise the ATV standard. Id. 
II. Evaluation of ANSI/SVIA 1–2023 
ANSI/SVIA 1–2023 contains 
requirements and test methods relating to ATVs, including vehicle equipment and configuration, vehicle speed capability, brake performance, pitch stability, electromagnetic compatibility, and sound level limits. The staff memorandum at Tab A of the July XX, 2023 Staff Briefing Package: Notice of Proposed Rulemaking (NPR) to Amend the All-Terrain Vehicle (ATV) Standard (Staff’s NPR Briefing Package)
1reviews 
in detail the changes from the 2017 edition of the ANSI/SVIA standard, which is currently the mandated consumer product safety standard for ATVs, to the 2023 edition. The following revisions are particularly significant: 
DRequirements for hot surfaces; 
DRequirements for fuel system 
components; 
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2Voluntary Standards Meeting with Recreational 
Off-Highway Institute (ROHVA), Specialty Vehicle 
Institute of America (SVIA), and Outdoor Power Equipment Institute (OPEI) to discuss Off-Highway Vehicle Fire and Debris Penetration Hazards, September 19, 2018. Weblink to Meeting Log: https://www.cpsc.gov/s3fs-public/2018-09-19 Voluntary Standards Meeting on Off-Highway Vehicles.pdf?GhlbD87TF1W8m6F9B10g2CpZTCNzSrjP. See pages 8 through 10 for the fuel-related recalls. DRemoval of the maximum 
recommended tire pressure of 69 kPa 
(10 psi); and 
DRequirement of an effective date 
‘‘beginning with 2026 model year vehicles’’ within the scope of the standard; 
DRemoval of requirement that paper 
user manuals be provided with all ATVs. 
A. Hot Surfaces Requirements 
ANSI/SVIA 1–2023 Section 12.1, 
Touch Points, specifies performance 
requirements that limit maximum surface temperatures for various touch points that, if too hot, may harm vehicle occupants. Without the proper surface temperature limits on ATV surfaces, consumers may experience contact burns. In addition, excessive exhaust temperatures can melt nearby combustible plastic components, which may pose a risk of fire. 
ANSI/SVIA 1–2023 sets out 
performance tests to evaluate whether surface temperatures for various touch points are within specified limits. In September 2018, CPSC recommended that SVIA add requirements to address burn hazards to users of ATVs. CPSC staff subsequently worked with SVIA to develop standards for maximum surface temperatures on ATVs to address the risk of burns associated with ATVs. The Commission preliminarily concludes that testing the temperature of specified ATV touch points as provided by ANSI– SVIA 1–2023 is reasonably related to the safe performance of ATVs. 
B. Fuel System Requirements 
The 2017 edition of the ANSI/SVIA 
standard does not contain performance 
requirements to address fire hazards from fuel leaks. ANSI/SVIA 1–2023 adds multiple performance requirements to mitigate the risk of fuel leaks and fire hazards. These performance requirements apply to various aspects of an ATV’s fuel system that may contribute to fire hazards. 
Most of the requirements are based on 
other similar standards that each address different aspects of the fuel system. For example, the fuel hose tensile test is similar to the test procedure from ANSI/OPEI B71.10– 2018 Standard for Off-Road Ground- 
Supported Outdoor Power Equipment— Gasoline Fuel Systems—Safety Specifications. There are two options to 
test for fuel tank structural integrity. One of these options to evaluate the structural integrity of the fuel tank for resistance to impact forces is based on the SAE J288 standard for snowmobile fuel tanks. The other option is to follow the SVIA–1 test method involving striking the tank with a metal sphere. The SVIA–1 committee adapted various fuel system component requirements from other standards to be applicable to ATVs. 
These fuel system performance 
requirements are organized into four general categories: 
Fuel Tank Structural Integrity 
•Section 13.3 Fuel Tank Immersion 
Leak Test 
•Section 13.5 Fuel Tank Cyclic 
Pressure Integrity Test 
•Section 13.6 Fuel Soak Test for Plastic 
Tanks and Assemblies With 
Grommets and Seals 
•Sections 13.8 and 13.15 Fuel Tank 
Leak Mitigation from Rollover or Tip over 
Fuel Hoses 
•13.9 Fuel Line Integrity 
•13.10 Fuel Line Connection Tensile 
Test 
Fuel Filter and Shut-Off Valve •Section 13.4 Fuel Filter and Shut-off 
Valve Immersion Test 
Elastomeric Component Durability •Section 13.11 Elastomeric exposure to 
fuel 
•Section 13.12 Ozone resistance 
•Section 13.13 UV resistance 
•Section 13.14 Corrosion resistance 
CPSC staff is aware of three fuel tank 
recalls, two fuel hose recalls, and one 
fuel filter-related recall associated with ATVs.
2A fuel leak occurs when there is 
a breach in the fuel system. A fuel breach can originate from multiple locations, such as the fuel hose to nozzle connections, fuel tank seam split or crack, cracked fuel filter, cracked fuel hose, etc. A fuel leak from any of the above components near a hot engine and/or exhaust components can increase the risk of fire. 
Section 13 contains test requirements 
that are (a) one-time design qualification tests and (b) tests that are required of every fuel system for new production ATVs. Most of the requirements are one- time design qualification tests. The one- time qualification test requires manufacturers to conduct a single test that proves the design of a subsystem component such as the fuel tank meets all the applicable requirements. The 
water immersion leak test is required for all fuel tank units that will be installed on a manufacturer’s ATV production line. Appendix A of the Staff’s NPR Briefing Package lists all the tests contained in Section 13 and distinguishes which tests are one-time design qualification type of tests and which tests are required for every ATV. 
Section 13.3 is a leak test that requires 
every ATV fuel tank to be tested for leaks. The production fuel tank, fitted with all the fuel system components, is pressurized with compressed air and then submerged in water. Failures are detected by visual inspection of bubbles. This leak test is repeated during the course of various other tests after subjecting the fuel tank and/or fuel tank components to impact loading, pressure cycling, and elevated temperature conditioning to ensure no stress cracks or fuel tank breaches result from those three physical tests. Section 13.4 provides leak tests for individual components such as fuel filters and fuel shut-off valves that are similar to the leak tests Section 13.3 establishes for fuel tanks. Section 13.4 sets out a water immersion test to ensure these components are leak-free. CPSC staff has advised the Commission that these performance tests to detect leaks from fuel tanks, fuel filters, and fuel shut-off valves are effective in mitigating the risk of fuel leaks and can reduce the risk of fire hazards. 
Fuel tanks are subjected to pressure 
cycling due to the varying amounts of fuel in the tank and changing temperatures. To simulate the effects of pressure cycling, a performance test described in section 13.5 (Fuel Tank Cyclic Pressure Integrity Test) applies a cyclic air pressure up to 4 psi for 10,000 cycles. This is a one-time design qualification test. Upon completion of the 10,000 pressure cycles, a leak test per the section 13.3 test procedure is conducted. CPSC staff assesses that the test procedure described in section 13.5 adequately evaluates the structural integrity of ATV fuel tanks when subjected to the repeated, fatigue type of pressure test. 
The elevated temperature test set out 
in Section 13.6 evaluates structural damage that may occur when a fuel tank is subjected to elevated temperature 
scenarios. This performance test requires a sample fuel tank filled with gasoline to be kept in a test chamber at a constant elevated temperature of 60 °C 
(140 °F) for 480 hours. This requirement 
would detect stress cracks, seam splits, or other structural damage that can cause fuel to leak. At the conclusion of this 480-hour high temperature 
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exposure test, the test sample fuel tank 
is emptied and then subjected to the Section 13.3 leak test to ensure no stress cracks form during the long period of elevated temperature. CPSC staff assesses that this performance test is effective in evaluating the structural integrity of ATV fuel tanks when subjected to extended elevated temperature environments. The Commission preliminarily concludes that this performance test is reasonably related to the safe performance of ATVs. 
In a vehicle fuel system, components 
such as fuel pumps, shutoff valves, and fuel filters are joined with multilayered rubber hoses that may be connected in various ways such as barbed friction fittings, hose clamps, or quick snap-on connect mechanisms. Sections 13.9 and 13.10 contain tensile test requirements to ensure hose connections do not leak. Sample hose connections are subjected to a 30 lb tensile (pull) force to ensure fuel hoses do not slip off. Staff assesses that these performance tests are effective in mitigating the risk of fuel hoses slipping off and therefore this testing reduces the risk of fire hazards. The Commission preliminarily concludes that that these tensile test requirements are reasonably related to the safe performance of ATVs. 
ATVs are driven in a wide range of 
environments and conditions, from extreme cold, snowy conditions to extreme hot weather. Plastic fuel tanks are susceptible to expansion and contraction due to temperature fluctuations and variations in operating conditions and over time plastic fuel tanks may develop stress cracks. Unprotected portions of the fuel tank can be struck by debris, such as rocks, which can compromise the structural integrity of the tank. Section 13.7 provides that ATV fuel tanks be subjected to a qualification impact test that evaluates the structural integrity of the fuel tank after it is either struck by a steel ball (SVIA test option) or dropped from 1.25 meters onto a concrete surface (SAE J288— Snowmobile Fuel Tank Standard Test method option). The test option is decided by the manufacturer. Prior to the impact, the fuel tanks are subjected to a low temperature soak (¥30 °C for 
the SVIA test option or ¥40 °C for the 
SAE J288 test option). CPSC staff assesses that this performance test is effective in evaluating the structural integrity of ATV fuel tanks when subjected to impact forces. The Commission preliminarily concludes that that these tensile test requirements are reasonably related to the safe performance of ATVs. Section 13.8 (Fuel Tank Protection 
Envelope Analysis) requires visual, 
computer aided design (CAD), or similar inspection to ensure neighboring components do not inadvertently compromise the structural integrity of fuel system components such as the fuel tank, fuel hoses, etc. in the event of a tip-over or roll-over. The procedure is a visual inspection or spatial analysis done with CAD, which CPSC staff consider useful to aid in addressing potential structural integrity issues of ATV fuel systems. The Commission preliminarily concludes that that these inspection requirements are reasonably related to the safe performance of ATVs. 
The performance test set out in 
Section 13.15 evaluates the effectiveness of the fuel system to limit the amount of fuel leakage (and associated risk of fire and/or explosion) in a rollover scenario where the ATV and its fuel tank are not in their normal upright positions. A test sample fuel tank filled with water is flipped upside down (180° from its normal upright position) for 10 minutes and the maximum allowable volume of water that can leak within that period is 300 m. On average, the allowable leak rate is 30 mL per minute. Gasoline evaporates relatively quickly when exposed to air. This rate is consistent with the requirement from the 2012 edition of the golf car standard, ANSI/ILTVA (International Light Transportation Vehicle Association) Z130.1. CPSC staff assesses that this performance test is effective in evaluating the rollover vent valve’s ability to limit the amount of fuel leakage if the ATV fuel tank is involved in a rollover. 
Components with elastomeric parts 
such as fuel filters and fuel shut off valves are susceptible to cracking, corrosion, and/or deterioration when exposed to certain chemical or environmental elements such as ethanol-blended gasolines, ultraviolet (UV) light, and ozone. Elastomeric parts are composed of various rubber-like materials. Sections 13.10 through 13.14 set out the performance tests that expose sample fuel filters and fuel shut off valves to E10 (gasoline blended with 10% ethanol), UV light, and ozone for extended periods. The test components are visually examined for any cracks or signs of deterioration upon the completion of the performance tests. Parts made of fluoroelastomer are exempt, as this material is not susceptible to deterioration due to UV, ozone, or E10 exposures. Fluoroelastomer is a fluorocarbon-based type of synthetic rubber that has 
chemical corrosion resistant properties that are used for applications such as gaskets, O-rings, and seals. CPSC staff assesses that this performance test is effective in evaluating the corrosion resistance properties of elastomeric parts. 
The Commission preliminarily 
concludes that the fuel system performance requirements in Section 13 of the 2023 edition of the ANSI/SVIA standard are reasonably related to the to the safe performance of ATVs on the basis of staff’s assessment that they will reduce the risk of fuel leaks and associated fire and burn hazards due to possible fuel breaches, over pressurizations, fuel spills, and component deterioration. 
C. Tire Pressure 
The 2007, 2010, and 2017 editions of 
the SVIA–1 standard defined low- 
pressure tires as ‘‘having a recommended tire pressure of no more than 69 kPa (10 psi)’’ in section 4.19 Tires. In the 2017 edition, Section 4.19 differentiated between Pneumatic (section 4.19.1) and Non-Pneumatic Tires (NPT) (section 4.19.2) and changed Pneumatic Tire requirements to ‘‘Maximum recommended tire pressure of 69kPa (10 psi).’’ Section 4.19.2 specifies ‘‘NPTs vertical stiffness shall be designed to produce a ground pressure of 69kPA (10 psi) or less with the subject vehicle.’’ In the 2023 edition, the tire pressure value and vertical stiffness equivalent tire pressure value have been deleted. 
The 2023 version retains the 4.19 
requirement that ATVs be equipped with tires designed for off-highway use on these vehicles and that the tire sidewalls be marked with the recommended tire pressure. In addition, the 2023 version retains the various testing and performance requirements in sections 5 to 9 for speed capability, brakes, and pitch stability. 
An ATV manufacturer could design 
an ATV with a proper suspension and 12 psi tires, and the tires would still be ‘‘low pressure’’ yet conflict with the definition. For that reason, staff does not believe that it is necessary to include a maximum tire pressure of 10 psi in the standard. Since ANSI/SVIA 1–2023 instructs consumers to follow manufacturers’ recommendations for tire inflation pressures, either from the markings on the tires or the owners’ manuals, CPSC staff assesses that this change to the standard is neutral and is not detrimental to ATV safety. The Commission preliminarily concludes that these inspection requirements are reasonably related to the safe performance of ATVs. 
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D. Owner’s Manual 
The 2017 edition of the SVIA–1 
standard provides in Section 4.21 that 
all ATVs shall be provided an owner’s manual ‘‘in paper form’’ and adds that the paper manual ‘‘may be supplemented at the manufacturer’s option in electronic form viewable on a display on the ATV or other device.’’ The 2023 edition of SVIA–1 removes the phrase ‘‘which may be supplemented at the manufacturer’s option in electronic form viewable on a display on the ATV or other device’’ which was added to the 2017 edition. Section 4.21 now states ‘‘All ATVs shall be provided with a manual in paper or electronic format at the time of delivery to the first purchaser. All ATVs with printed manuals shall be equipped with a means of carrying the manual that protects it from destructive elements while allowing reasonable access.’’ Under this standard the manufacturer has the choice of whether to provide electronic or paper manuals. The information required to be provided in the owner’s manual includes a dedicated introductory safety section and important safety messages regarding age recommendations, proper operation of the ATV, and training resources. Therefore, CPSC staff believes that paper manuals should remain the default medium for important safety information because in that format the information will be immediately available for consumers. Many consumers are already disinclined to read instruction manuals and requiring them to go through extra steps to access them in electronic format reduces the likelihood that they will do so. Based on the increased risk of consumers not receiving information on the safe use of ATVs if that information is only electronically available, CPSC staff assesses that this change would likely result in a reduction in safety. For that reason, the Commission preliminarily concludes that this provision is not consistent with the safe operation of ATVs and therefore proposes maintaining in effect the current regulatory provision incorporating the 2017 version Section 4.21. 
E. Effective Date 
The CPSIA provides a timetable for 
the Commission to issue a notice of 
proposed rulemaking (within 120 days of receiving notification of a revised ANSI/SVIA standard) and to issue a final rule (within 180 days of publication of the proposed rule), but it does not establish requirements for effective dates. When the Commission adopted the 2010 revision to the ANSI/ SVIA standard, it provided for an 
effective date of 60 days from publication of the final rule. That date was revised based on comments from several ATV companies in order to allow them time to update their certification labels. When the Commission adopted the 2017 revision to the ANSI/SVIA standard, it provided for an effective date of January 1, 2019, approximately 10 months after publication of the final rule, based on SVIA’s comments about the time needed for manufacturers to make the required changes. 
CPSC staff assesses that many ATVs 
may already meet the new requirements in ANSI/SVIA 1–2023, and the changes from the 2017 to the 2023 voluntary standard will not require significant vehicle design or testing. Once SVIA notifies the Commission of a new version of the SVIA standard, CPSC is required to issue an NPR within 120 days and then issue a final rule 180 days after the NPR publication (300 days total). Because the projected date for issuance of a final rule is early in calendar year 2024, setting the effective date 180 days after publication of the final rule, as the Commission did with the 2017 standard, would result in an effective date in July 2024, with the specific date dependent on the date the final rule is issued. However, in order to set a date certain that will facilitate industry planning, as well as to align the effective date more closely with the timing of the ATV industry’s typical transition from one model year to the next, the Commission proposes an effective date of September 1, 2024. With this effective date, ATV manufacturers will have approximately 17 months to comply with the new hot surface and fuel system requirements. The Commission preliminarily concludes that the proposed effective date is reasonable, feasible, and adequate to protect consumer safety for the following reasons: 
•Since all ATVs’ gasoline powered 
engines and associated components sold in the U.S. are regulated by the U.S. EPA for Exhaust and Evaporative emissions (40 CFR 1051.515(d)—Fuel Tank Permeation Testing), those ATVs will be exempt from having to conduct testing per Section 13.5 (Fuel Tank 
Cyclic Pressure Integrity Test) of ANSI/ SVIA–1–2023. Where hazards associated with fuel tank cyclic pressure have already been addressed, there will be no negative effect on safety by providing this effective date rather than a shorter time period to comply. 
•Depending on a firm’s ATV 
manufacturing schedule cycle during the calendar year, any design changes and associated testing to comply with the new standard will take place sometime within the 17-month period, with the understanding that firms will not produce ATVs all year round. The 17-month period from the issuance of SVIA–1–2023 to the proposed effective date will allow for resolution of supply chain issues, quality control issues, and any other issues that may arise. 
•The proposed timeline here is 
similar to the timeline for the SVIA–1– 2017 standard update. In June 2017, SVIA notified the Commission of the 2017 edition of the SVIA–1 standard. The final rule established an effective date of January 1, 2019, which was 18 months from start to finish (comparable to the recommended 17-month period proposed here). 
For these reasons, the Commission 
proposes an effective date that is more clearly defined than the effective date for SVIA–1–2023 and that allows sufficient time for manufacturers to prepare to comply with the new standard while at the same time protecting consumer safety by requiring compliance within a reasonable time. 
III. Initial Regulatory Flexibility Act 
Analysis 
The Regulatory Flexibility Act (RFA) 
requires that agencies review a proposed rule for the rule’s potential economic impact on small entities, including small businesses. Section 603 of the RFA generally requires that agencies prepare an initial regulatory flexibility analysis (IRFA) and make the analysis available to the public for comment when the agency publishes an NPR. 5 U.S.C. 603. Section 605 of the RFA provides that an IRFA is not required if the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. 
The IRFA, or a summary of it, must 
be published in the Federal Register with the proposed rule. Under Section 603(b) of the RFA, each IRFA must include: 
(1) a description of why action by the 
agency is being considered; 
(2) a succinct statement of the 
objectives of, and legal basis for, the proposed rule; 
(3) a description and, where feasible, 
an estimate of the number of small entities to which the proposed rule will apply; 
(4) a description of the projected 
reporting, recordkeeping, and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement and the 
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3The ATV Action Plan Requirement is found in 
section 42 of the CPSA, 15 U.S.C. 2089. A list of 
firms with active ATV Action Plans can be found at ATV Action Plans | CPSC.gov. type of professional skills necessary for 
preparation of the report or record; and 
(5) an identification, to the extent 
practicable, of all relevant Federal rules which may duplicate, overlap, or conflict with the proposed rule. 
The IRFA must also describe any 
significant alternatives to the proposed rule that would accomplish the stated objectives and that minimize any significant economic impact on small entities. Staff’s initial regulatory flexibility analysis is provided in Tab B of Staff’s NPR Briefing Package. 
A. Reason for Agency Action 
The intent of this rulemaking is to 
reduce deaths and injuries resulting 
from fire and burn hazards associated with ATVs. The Commission is 
considering this rule to amend the current mandatory standard to reference ANSI/SVIA 1–2023 because we preliminarily conclude that compliance with ANSI/SVIA 1–2023 would reduce fatal and non-fatal injuries associated with ATVs. 
B. Objectives and Legal Basis of the Rule 
The Commission proposes this rule to 
reduce the risk of fatal and non-fatal 
injuries associated with ATVs. On March 24, 2023, ANSI published the latest revision of the American National Standard for Four-Wheel All-Terrain Vehicles, ANSI/SVIA 1–2023. This rule is promulgated as required by, and under the authority of, CPSA section 42(b). 
C. Small Entities to Which the Rule Will 
Apply 
The proposed rule would directly 
affect manufacturers and importers of ATVs that are responsible for ensuring that the ATVs distributed in the United States meet the Commission’s mandatory rule based on the ANSI/ SVIA–1 standard. If promulgated as a final rule, it would not have any direct impact on other businesses, such as ATV dealers (unless they are also importers), or other small entities, including small governmental jurisdictions or other organizations. 
To be distributed in the United States, 
ATVs must be covered by ‘‘ATV Action Plans,’’ which, among other things, describe the actions that manufacturers or importers will undertake to ensure that consumers are offered safety training and to monitor that ATVs intended for adult riders are not sold by ATV dealers for the use of children. As of April 2023, there were 38 ATV manufacturers or importers with ATV Action Plans registered with the CPSC.
3 
Of the 38 firms with ATV Action Plans, 
staff has assessed that 14 are either large domestic manufacturers or subsidiaries of foreign manufacturers. In addition, staff has assessed that no domestic manufacturers of ATVs meet the U.S. Small Business Association (SBA) criteria to be considered small businesses. 
Staff believes that the remaining 24 
companies are likely importers, although in several cases there was insufficient information to make this determination. Of these 24 likely importers, staff has identified 14 firms that meet SBA criteria to be considered small businesses. For the remaining 10 firms, there was insufficient information to make a size determination. 
D. Compliance, Reporting, and 
Recordkeeping Requirements of the Proposed Rule 
The CPSA requires manufacturers (a 
term which includes importers) to certify that their products comply with applicable CPSC standards and regulations. 15 U.S.C. 2052(a)(11) & 2063(a)(1). The proposed rule amends the performance requirements and test procedures that suppliers must meet in order to sell ATVs in the United States. CPSC staff has examined differences between ANSI/SVIA 1–2017 and ANSI/ SVIA 1–2023. A detailed list and discussion of these differences appear Staff’s NPR Briefing Package. In addition to making minor modifications to Sections 1 through 11, ANSI/SVIA 1– 2023 adds Section 12 (Burn Hazards) and Section 13 (Fuel Systems Requirements). Manufacturers and/or importers of models that do not currently comply with ANSI/SVIA 1– 2023 will incur costs for testing, and possibly for parts and vehicle redesign. 
In accordance with Section 14 of the 
CPSA, manufacturers would have to issue a GCC for each ATV model, certifying that the model complies with the proposed rule. According to Section 14 of the CPSA, GCCs must be based on a test of each product, or a reasonable testing program; and GCCs must be provided to all distributors or retailers of the product. The manufacturer would have to comply with 16 CFR part 1110 concerning the content of the GCC, retention of the associated records, and any other applicable requirement. 
1. Impact on Small Manufacturers 
Because modifications in Sections 1 
through 11 consist primarily of editorial updates and clarifications to the existing 
voluntary standards, staff assesses that manufacturer costs to comply with these modifications are insignificant. 
Manufacturers will incur testing costs 
to comply with Section 12 of the revised standard, which sets forth a one-time design qualification that requires the identification and testing of ATV surfaces that come into continuous, intermittent, momentary, and incidental contact with the vehicle occupant and passengers. Those manufacturers whose models do not meet the performance requirement will incur costs associated with model reconfiguration or redesign. 
Manufacturers will also incur testing 
costs to comply with Section 13 of the revised standard which contains several one-time design qualifications and production part inspection tests related to ATV fuel systems. 
For ATVs that already meet the 
performance requirements of Section 12 and 13, the cost to manufacturers is limited to the cost of testing. The Commission estimates that one-time design qualification inspection tests would cost approximately $12,096 per model. To comply with new Sections 13.3 (Fuel Tank Immersion Leak Test) and 13.4 (Fuel Filter and Shut-off Valve Immersion Leak Test), manufacturers will incur costs associated with testing each production part; CPSC estimates that the cost of production part testing is approximately $20.00 per vehicle. 
Manufacturers whose ATV models do 
not meet the performance requirements of Sections 12 and 13 may incur additional costs associated with sourcing compliant—likely more expensive—parts that were previously tested by the parts manufacturer/ supplier. These costs are expected to be 
approximately $20.00 per vehicle, some of which may be borne by the parts supplier. ATV models which do not meet Sections 12, 13.8 (Fuel Tank Production Envelope Analysis), or 13.9 (Fuel Line Integrity) requirements may require reconfiguration or redesign, which CPSC estimates would cost approximately $70,000 per model. 
The Commission generally assesses a 
draft proposed rule to have a significant adverse economic impact if a firm’s costs to comply exceed 1 percent of the firm’s annual sales revenue. Because, as noted above, none of the 14 identified ATV manufacturers meet the SBA criteria to be considered a small business, CPSC preliminarily assesses that the draft proposed rule requiring compliance with ANSI/SVIA 1–2023 will not have a significant economic impact on any small ATV manufacturers, since none was identified. Staff seeks information on 
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4Source: Power Products Marketing, Prairie Eden, 
MN, 2021. 5Section 14(a)(3)(A) of the CPSA states that the 
third-party testing requirement applies to any 
children’s product manufactured more than 90 days after the Commission has established and published a ‘‘notice of requirements’’ for the accreditation of third-party conformity assessment bodies to assess conformity with a children’s product safety rule. any other ATV manufacturers that may 
meet the SBA criteria to be considered small businesses. 
2. Impact on Small Importers 
Foreign manufacturers whose models 
do not meet the ANSI/SVIA 1–2023 
performance requirements may choose to exit the U.S. ATV market. An importer whose foreign manufacturer exited the market, and was unable to procure an alternative source, would likely suffer a significant, adverse economic impact. However, given that ATV sales volume has been stable over the last 5 years, and grew by approximately 5 percent in 2020 (the last year for which CPSC has data), it is unlikely that foreign ATV manufacturers will exit the market. Therefore, CPSC preliminarily concludes that the draft proposed rule will not have a significant, adverse economic impact on ATV importers. 
If a foreign manufacturer chooses not 
to conduct the required testing and/or provide the documentation necessary to support the issuance a GCC, importers of that manufacturer’s products may choose to conduct and document compliance testing, incurring the associated costs. For importers whose costs exceed 1 percent of the firm’s annual ATV revenues, the effect would be considered significant. Of the 14 small importers identified by staff, only 7 could be found in the 2020 ATV market sales data.
4Staff estimates that 
4 of these 7 small importers would face a significant, adverse economic impact as a result of the proposed rule. However, as noted above, CPSC considers this scenario unlikely. 
3. Alternatives to the Draft Proposed 
Rule 
An effective date later than September 
1, 2024, could reduce manufacturers’ costs of compliance and/or allow manufacturers to spread those costs over a longer period of time. However, an effective date of September 1, 2024 allows manufacturers approximately 17 months from the publication of ANSI/ SVIA 1–2023 to comply with its requirements, which the Commission preliminarily considers reasonable, feasible, and adequate as explained above. 
For these reasons, any cost savings 
that might accrue to manufacturers if a later effective date were adopted are likely to be insignificant. Delaying implementation of the rule would allow continued manufacture and importation of non-compliant models for a longer period of time, expose a greater number of consumers to ATV fire and burn hazards, and increase associated societal costs. Therefore, the Commission is not proposing this alternative. 
The Commission preliminarily 
concludes that the draft proposed rule will not have a significant, negative economic impact on a substantial number of small entities and requests comments with data supporting or refuting whether the Commission could certify to that effect. 
IV. The Proposed Rule 
The proposed rule would revise 16 
CFR 1420.1 and 1420.3. Consistent with 
current requirements, the revised language states that new assembled or unassembled ATVs manufactured before September 1, 2024, must comply with ANSI/SVIA 1–2017. Any new assembled or unassembled ATVs manufactured on or after September 1, 2024 must comply with ANSI/SVIA 1– 2023. The revision also removes extraneous references to past effective dates. 
V. Paperwork Reduction Act 
This proposed rule contains 
information collection requirements that 
are subject to public comment and review by the Office of Management and Budget (OMB) under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501– 3521). In this document, pursuant to 44 U.S.C. 3507(a)(1)(D), we set forth— 
•a title for the collection of 
information; 
•a summary of the collection of 
information; 
•a brief description of the need for 
the information and the proposed use of the information; 
•a description of the likely 
respondents and proposed frequency of response to the collection of information; •an estimate of the burden that shall 
result from the collection of 
information; and 
•notice that comments may be 
submitted to the OMB. 
Title: Notice of Proposed Rulemaking 
(NPR) to Amend the All-Terrain Vehicle 
(ATV) Standard. 
Summary and Description: The 
proposed rule amends the ATV standard to mandate industry compliance with ANSI/SVIA 1–2023, American National Standard for Four Wheel All-Terrain Vehicles. The proposed rule would 
require ATVs to comply with ANSI/ SVIA 1–2023, including certification testing in support of GCCs required by Section 14 of the Consumer Product Safety Act, 15 U.S.C. 2063.
5GCCs must 
comply with 16 CFR part 1110 concerning the content of the GCC, retention of the associated records, and any other applicable requirement. ANSI/SVIA 1–2023 Sections 4. Vehicle (ATV) Configuration and Equipment, 5. Maximum Speed Capability, 7. Service Brake Performance, 8. Parking, 9. Pitch Stability, 11. Sound Level Limits, 12. Hot Surfaces, and 13. Fuel Systems Requirements contain certification testing requirements. These recordkeeping requirements, as well as the preparation of the GCC itself, fall within the definition of ‘‘collection of information,’’ as defined in 44 U.S.C. 3502(3). PRA requirements such as labels, hang tags, and instruction manuals, which are unchanged from the previous version of the standard, SVIA 1–2017, are not included in this analysis. 
Description of Respondents: Entities 
which manufacture or import ATVs. 
Estimated Burden: We estimate the 
total burden of this collection of information is 441 hours and $16,229. Table 1, below, summarizes our estimation of annual reporting burden hours and cost. 
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6U.S. Bureau of Labor Statistics, ‘‘Table 4. 
Employer Costs for Employee Compensation for 
private industry workers by occupational and industry group,’’ updated March 17, 2023, Table 4. Private industry workers by occupational and industry group—2022 Q04 Results (bls.gov). 
7Source: Power Products Marketing, Prairie Eden, 
MN, 2021. 8This estimate includes recordkeeping hours 
associated with individual parts testing required by 
ANSI/SVIA 1–2023, Sections 13.3 (Fuel Tank Immersion Leak Test) and 13.4 (Fuel Filter and Shut-off Valve Immersion Leak Test, allocated per model, as well as recordkeeping hours associated 
with one-time design qualification testing. TABLE 1—E STIMATED ANNUAL REPORTING BURDEN  
Burden type Number of 
respondents Frequency 
of responses Total annual 
responses Hours per 
response Total burden 
hours Annual 
cost 
Labor Burden 
GCC Preparation ................................................... 38 1 38 1.5 57 $2,098 
One-Time Design Qualification Testing ................. 25 1.9 48 8 384 14,131 
Total Burden ................................................... ........................ ........................ ................ ........ .................... 441 16,229 
Comments: In compliance with the 
Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), CPSC has submitted the information collection requirements of this proposed rule to the OMB for review. Interested persons are requested to submit comments regarding information collection by September 25, 2023 to the Office of Information and egulatory Affairs, OMB (see the 
ADDRESSES section at the beginning of 
this document). 
Pursuant to 44 U.S.C. 3506(c)(2)(A), 
we invite comments on: 
•Whether the collection of 
information is necessary for the proper performance of the CPSC’s functions, including whether the information will have practical utility; 
•The accuracy of the CPSC’s estimate 
of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; 
•Ways to enhance the quality, utility, 
and clarity of the information to be collected; 
•Ways to reduce the burden of the 
collection of information on respondents, including the use of automated collection techniques, when appropriate, and other forms of information technology; and 
•The estimated burden hours 
associated with producing the GCC and the certification testing required to support the GCC. 
A. GCC Preparation 
Section 14 of the Consumer Product 
Safety Act requires manufacturers and 
importers of ATVs to prepare GCCs. Based on current ATV action plans filed with the CPSC, there are 38 entities that supply, or intend to supply ATVs to the U.S. market. CPSC staff found evidence 
of ATV sales activity, in the form of actual sales or advertisement for sale, for only 32 of the 38 entities. Nevertheless, taking a conservative approach, CPSC staff assumed that all 38 entities are currently supplying ATVs to the U.S. market and used this number to calculate the burden hours and annual cost associated with GCCs. ATV manufacturers typically produce one GCC that covers all the models of a model year, which implies the number of PRA responses is one per entity, per 
year. CPSC conservatively estimates the time required to produce this GCC is about 1.5 hours per year (although in most cases the actual time required will likely be significantly lower). Therefore, the estimated burden associated with GCCs is 57 hours (38 entities × 1 GCC 
per year × 1.5 hours per GCC = 57 
hours). CPSC staff multiplied the estimated number of burden hours by $36.80,
6the total hourly compensation 
for sales and office workers in goods- producing private industries, to generate the estimated annual cost to industry associated with GCCs. Therefore, the estimated annual cost to industry associated with preparation of the GCCs is $2,097.60 ($36.80 per hour × 57 hours 
= $2,097.60). 
B. Recordkeeping Supporting GCC 
Preparation 
In the event a foreign manufacturer 
chooses not to conduct required certification testing and/or provide documentation to support preparation of the GCC, its importer could choose to conduct its own certification testing. However, CPSC considers this scenario unlikely, and for several of the importers, cost prohibitive. Therefore, the Commission assumes entities conducting certification testing and associated recordkeeping are limited to ATV manufacturers. Based on 2020 sales data, there were 25 known U.S. and foreign manufacturers supplying as many as 239 new and old ATV models and 420,730 ATVs to the U.S. market.
7 
CPSC estimates the average life cycle 
of an ATV model is approximately 5 years, which implies each manufacturer will conduct one-time design qualification testing on approximately 
1.6 models per year (239 models ÷ 25 
entities ÷ 5 years ≈ 1.9 models per entity 
per year). CPSC staff estimates the time required to create and maintain certification records to be approximately 
8 person hours per model.
8Therefore, 
the estimated labor burden associated with certification testing recordkeeping is 384 person hours (25 entities × 1.9 
ATV models per year × 8 person hours 
per model = 384 person hours). As above, staff multiplied the estimated number of burden hours by $36.80, the total hourly compensation for sales and office workers in goods-producing private industries. The estimated annual cost to industry associated with certification testing recordkeeping is $14,131 ($36.80 per person hour × 384 
person hours = $14,131). 
C. Summary of Burden Hours and Cost 
Based on this analysis, the proposed 
rule for ATVs would impose an annual 
burden to industry of approximately 441 hours per year (57 for preparation of the GCC and 384 hours for recordkeeping associated with the certification tests upon which the GCCs are based). The estimated annual cost is approximately $16,229 ($2,098 and $14,131 for GCC preparation and certification testing recordkeeping, respectively). 
The above estimates are a 
conservative estimate of the average annual burden to ATV entities. The proposed rule requires all ATVs manufactured on or after September 1, 2024, to comply with ANSI/SVIA 1– 2023. Therefore, in the first year following promulgation of the rule, existing entities may be required to redesign and test more than the estimated average 48 models per year and incur higher costs than the estimates in this PRA analysis. In subsequent years, costs could be less, as fewer numbers of ATV models will require design updates. To the extent that the ATV industry already complies, or substantially complies, with the ANSI/SVIA 1–2023 standard, these figures may over-estimate the actual burden. 
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VI. Environmental Considerations 
The Commission’s regulations 
provide a categorical exemption for the 
Commission’s rules from any requirement to prepare an environmental assessment or an environmental impact statement as they ‘‘have little or no potential for affecting the human environment.’’ 16 CFR 1021.5(c)(1). This proposed amendment falls within the categorical exemption. 
VII. Incorporation by Reference 
The Commission proposes to 
incorporate by reference those 
provisions of ANSI/SVIA 1–2023 that it has concluded are related to the safe operation of ATVs, which encompass all provisions other than Section 4.21 concerning the provision of paper user manuals. The Office of the Federal Register (OFR) has regulations 
concerning incorporation by reference. 1 CFR part 51. For a proposed rule, agencies must discuss in the preamble to the NPR ways that the materials the agency proposes to incorporate by reference are reasonably available to interested persons or how the agency worked to make the materials reasonably available. In addition, the preamble to the proposed rule must summarize the material. 1 CFR 51.5(a). 
In accordance with the OFR’s 
requirements, section II of this preamble summarizes the provisions of ANSI/ SVIA 1–2023 that the Commission proposes to incorporate by reference. ANSI/SVIA 1–2023 is copyrighted. Interested persons may purchase a copy of ANSI/SVIA 1–2023 from Specialty Vehicle Institute of America, 2 Jenner, Suite 150, Irvine, CA 92618–3806; telephone: 949–727–3727 ext. 3023; www.svia.org. In addition, a read-only 
copy of the standard is available for viewing on the SVIA website at https:// 
svia.org/ansi-svia-1-2023/. You may also 
inspect a copy at the Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, telephone: (301) 504–7479, email: cpsc- os@cpsc.gov. 
VIII. Preemption 
Section 26(a) of the CPSA, 15 U.S.C. 
2075(a), provides that when a consumer 
product safety standard is in effect and applies to a product, no state or political subdivision of a state may either establish or continue in effect a standard or regulation that prescribes requirements for the performance, composition, contents, design, finish, construction, packaging, or labeling of such product dealing with the same risk of injury unless the state requirement is identical to the federal standard. Section 
26(c) of the CPSA also provides that states or political subdivisions of states may apply to the Commission for an exemption from this preemption under certain circumstances. Section 42 of the CPSA refers to the rules to be issued under that section as ‘‘consumer product safety standards.’’ Therefore, the preemption provision of section 26(a) of the CPSA would apply to this proposed rule. 
IX. Notice of Requirements 
The CPSA establishes certain 
requirements for product certification 
and testing. Certification of children’s products subject to a children’s product safety rule must be based on testing conducted by a CPSC-accepted third- party conformity assessment body. 15 U.S.C. 2063(a)(2). The Commission is required to publish a notice of requirements (NOR) for the accreditation of third-party conformity assessment bodies to assess conformity with a children’s product safety rule to which a children’s product is subject. Id. 2063(a)(3). On August 27, 2010, the 
Commission published an NOR for accreditation of third-party conformity assessment bodies for testing ATVs designed or intended primarily for children 12 years of age or younger. 75 FR 52616. Because the revisions to the 2017 edition of the ANSI/SVIA standard would not substantially alter third-party conformance testing requirements for ATVs designed or intended primarily for children 12 years of age or younger, the current NOR for third-party testing of youth ATVs will remain unchanged. Thus, the Commission considers the existing accreditations that the 
Commission has accepted for testing to the 2017 ATV standard would also cover testing of children’s products to the revised ATV standard. 
X. Request for Comments 
This NPR begins a rulemaking 
proceeding under section 42 of the 
CPSA to amend the Commission’s mandatory ATV standard to reference the 2023 edition of the ANSI/SVIA standard. We invite all interested persons to submit comments on any aspect of this proposal, including whether any of the changes to the standard (summarized in Tab A of the Staff’s NPR Briefing Package) are substantive changes and whether they improve or do not improve the safety of ATVs. In particular, as noted previously, we invite comment as to the standard’s proposed change to format in which an owner’s manual must be provided and as to the proposed effective date. We also invite comments on the estimated burden of the 
recordkeeping associated with issuing a GCC for ATVs as required by 16 CFR part 1110, discussed in Section VI, above. In addition, we request 
comments on the effect on safety of the removal of the 10 PSI maximum recommended tire pressure. In particular, we invite comments on the anticipated effect on safety if ATV tires exceed 10 psi. Comments should be submitted in accordance with the instructions in the 
ADDRESSES section at 
the beginning of this notice. 
List of Subjects in 16 CFR Parts 1420 
Consumer protection, Imports, 
Incorporation by reference, Infants and 
children, Information, Labeling, Law enforcement, Recreation and recreation areas, Reporting and recordkeeping requirements, Safety. 
For the reasons stated in the 
preamble, the Commission proposes to amend Title 16 of the Code of Federal Regulations, as follows: 
PART 1420—REQUIREMENTS FOR 
ALL-TERRAIN VEHICLES 
■1. The authority citation for part 1420 
is changed to read as follows: 
Authority: 15 U.S.C. 2089. 
■2. Revise § 1420.1 to read as follows: 
§ 1420.1 Scope and application. 
This part 1420, a consumer product 
safety standard, prescribes requirements for all terrain vehicles. 
■3. Revise § 1420.3 to read as follows: 
§ 1420.3 Requirements for four-wheel 
ATVs. 
Each new assembled or unassembled 
ATV manufactured before September 1, 
2024, shall comply with all applicable provisions of the American National Standard for Four-Wheel All-Terrain Vehicles (ANSI/SVIA 1–2017), approved on June 8, 2017. Each new assembled or unassembled ATV manufactured on or after September 1, 2024, shall comply with all applicable provisions of the American National Standard for Four-Wheel All-Terrain Vehicles (ANSI/SVIA 1–2023), approved on March 21, 2023 with the exception of Section 4.21 Owner’s Manual, as to which it shall continue to comply with the ANSI/SVIA 1–2017 standard. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of these standards from Specialty Vehicle Institute of America, 2 Jenner, Suite 150, Irvine, CA 92618– 3806; telephone: 949–727–3727 ext. 3023; www.svia.org. In addition, a read- 
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only copy of the 2023 standard is 
available for viewing on the SVIA website at https://svia.org/ansi-svia-1- 2023/. This material is available for 
inspection at the Consumer Product Safety Commission and the National Archives and Records Administration (NARA). Contact Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone: (301) 504–7479. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations.html or email: 
fr.inspection@nara.gov. 
Alberta E. Mills, 
Secretary, Consumer Product Safety 
Commission. 
[FR Doc. 2023–15478 Filed 7–26–23; 8:45 am] 
BILLING CODE 6355–01–P 
DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 
Food and Drug Administration 
21 CFR Part 573 
[Docket No. FDA–2023–F–2415] 
Kemin Industries, Inc.; Filing of Food 
Additive Petition (Animal Use) 
AGENCY : Food and Drug Administration, 
HHS. 
ACTION : Notification of petition. 
SUMMARY : The Food and Drug 
Administration (FDA or we) is announcing that we have filed a petition, submitted by Kemin Industries, Inc., proposing that the food additive 
regulations be amended to provide for the safe use of chromium propionate to be used as a source of chromium in turkey feed. 
DATES : The food additive petition was 
filed on July 6, 2023. 
ADDRESSES : For access to the docket to 
read background documents or comments received, go to https://www.regulations.gov and insert the 
docket number found in brackets in the heading of this document into the ‘‘Search’’ box and follow the prompts, and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. 
FOR FURTHER INFORMATION CONTACT : 
Wasima Wahid, Center for Veterinary Medicine (HFV–221), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240–402–5857, Wasima.Wahid@fda.hhs.gov. 
SUPPLEMENTARY INFORMATION : Under 
section 409(b)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(b)(5)), we are giving notice that we have filed a food additive petition (FAP 2318), submitted by Kemin Industries, Inc, 1900 Scott Ave., Des Moines, IA 50317. The petition proposes to amend in 21 CFR part 573—Food Additives Permitted in Feed and Drinking Water of Animals to provide for the safe use of chromium propionate to be used as a source of chromium in turkey feed. 
We are reviewing the potential 
environmental impact of this petition. To encourage public participation consistent with regulations issued under the National Environmental Policy Act (40 CFR 1501.5(e)), we are placing the environmental assessment submitted with the petition that is the subject of this notice on public display at the Dockets Management Staff (see 
ADDRESSES ) for public review and 
comment. 
We will also place on public display, 
in the Dockets Management Staff and at https://www.regulations.gov, any 
amendments to, or comments on, the petitioner’s environmental assessment without further announcement in the Federal Register. If, based on our review, we find that an environmental impact statement is not required, and this petition results in a regulation, we will publish the notice of availability of our finding of no significant impact and the evidence supporting that finding with the regulation in the Federal Register in accordance with 21 CFR 
25.51(b). 
Dated: July 24, 2023. 
Lauren K. Roth, 
Associate Commissioner for Policy. 
[FR Doc. 2023–15913 Filed 7–26–23; 8:45 am] 
BILLING CODE 4164–01–P 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 52 
[EPA–R09–OAR–2023–0203; FRL–10757– 
01–R9] 
Approval and Promulgation of 
Implementation Plans; Revisions to the California State Implementation Plan; San Francisco Bay Area 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Proposed rule. 
SUMMARY : The Environmental Protection 
Agency (EPA) is proposing under the Clean Air Act (CAA or ‘‘Act’’) to approve a revision to the San Francisco Bay Area portion of the California State Implementation Plan (SIP). This revision consists of updated transportation conformity procedures related to the interagency coordination on project-level conformity and exchange of travel data for emissions inventories developed for air quality plans and regional transportation conformity analyses. The intended effect is to update the transportation conformity criteria and procedures in the California SIP. 
DATES : Comments must be received on 
or before August 28, 2023. 
ADDRESSES : Submit your comments, 
identified by Docket ID No. EPA–R09– OAR–2023–0203 at https://www.regulations.gov. For comments 
submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or 
other file sharing system). For additional submission methods, please contact the person identified in the 
FOR 
FURTHER INFORMATION CONTACT section. 
For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. If you need 
assistance in a language other than English or if you are a person with a disability who needs a reasonable accommodation at no cost to you, please contact the person identified in the 
FOR 
FURTHER INFORMATION CONTACT section. 
FOR FURTHER INFORMATION CONTACT : 
Michael Dorantes, Geographic Strategies and Modeling Section (AIR–2–2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415) 972–3934, or by email at dorantes.michael@epa.gov. 
SUPPLEMENTARY INFORMATION : 
Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. 
Table of Contents 
I. Transportation Conformity 
II. Background and State Submittal III. The EPA’s Evaluation IV. Summary of Our Proposed Action 
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