Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 61007 

1See 81 FR 92964 (Dec. 20, 2016); see also 67 FR 

72026 (Dec. 3, 2002). 

2See, Porsche Cars North America, Inc., Grant of 

Petition for Decision of Inconsequential 

Noncompliance, 85 FR 62365, 62366 (Oct. 2, 2020). 

3See Gen. Motors, LLC; Grant of Petition for 

Decision of Inconsequential Noncompliance, 78 FR 

35355 (June 12, 2013) (finding noncompliance had 

no effect on occupant safety because it had no effect 

on the proper operation of the occupant 

classification system and the correct deployment of 

an air bag); Osram Sylvania Prods. Inc.; Grant of 

Petition for Decision of Inconsequential 

Noncompliance, 78 FR 46000 (July 30, 2013) 

(finding occupant using noncompliant light source 

would not be exposed to significantly greater risk 

than occupant using similar compliant light 

source). 

4See Morgan 3 Wheeler Limited; Denial of 

Petition for Decision of Inconsequential 

Noncompliance, 81 FR 21663, 21666 (Apr. 12, 

2016); see also United States v. Gen. Motors Corp., 

565 F.2d 754, 759 (D.C. Cir. 1977) (finding defect 

poses an unreasonable risk when it ‘‘results in 

hazards as potentially dangerous as sudden engine 

fire, and where there is no dispute that at least some 

such hazards, in this case fires, can definitely be 

expected to occur in the future’’). 

Porsche describes the subject 

noncompliance and contends that the 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

Porsche believes that the subject 

noncompliance is inconsequential to 

vehicle safety. Porsche explains that, in 

addition to the required brake wear 

indicator, the affected vehicles have a 

multi-functional display that provides 

brake wear information and is readily 

visible to the driver. Porsche states that 

the brake wear message can be 

confirmed and then suppressed at the 

next ignition cycle, however, the 

operator would need to read and 

understand the message in order to do 

so. Porsche states that the brake wear 

indicator text is red, which is compliant 

and a contrasting color to the 

background of the text. Porsche believes 

that along with the color, the position of 

the text makes the brake wear indicator 

symbol conspicuous to the driver. The 

symbol is located adjacent to the fuel, 

temperature, and other vehicle data 

displays. Furthermore, Porsche states 

that the brake wear detection is 

functional and not affected by the 

noncompliant size of the text. Porsche 

adds that each letter of the text is 

capitalized, making it more easily seen 

and read by the driver due to the 

uniform height. 

Porsche states that owners of the 

subject vehicles would understand the 

symbol despite the noncompliant text 

size because the owner’s manual 

provided with the vehicle contains 

information about the brake wear 

warning symbol. Porsche notes that the 

subject noncompliance has been 

corrected in production vehicles. 

Porsche contends that NHTSA has 

granted the prior petitions for similar 

noncompliances.1 Furthermore, Porsche 

says that NHTSA has stated in previous 

determinations that it generally finds 

labeling noncompliances like the 

subject noncompliance to be ‘‘more 

appropriate for a determination of 

inconsequentiality.’’ 2

Porsche concludes that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety and that 

its petition 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, should be granted. 

VII. NHTSA’s Analysis 

In determining inconsequentiality of a 

noncompliance, NHTSA focuses on the 

safety risk to individuals who 

experience the type of event against 

which a recall would otherwise 

protect.3 In general, NHTSA does not 

consider the absence of complaints or 

injuries when determining if a 

noncompliance is inconsequential to 

safety. The absence of complaints does 

not mean vehicle occupants have not 

experienced a safety issue, nor does it 

mean that there will not be safety issues 

in the future.4

The Agency concurs with Porsche 

that this noncompliance will not have 

an adverse effect on vehicle safety. 

Despite the letter height of the brake 

wear indicators being smaller than the 

3.2 mm requirement, the affected 

vehicles include a multi-functional 

display which provides supplementary 

brake wear information that is located 

within the driver’s direct field of vision, 

immediately adjacent to the fuel, 

temperature, other critical vehicle data 

displays. Although the additional brake 

warnings can be suppressed by the 

vehicle operator, the information is 

presented at every new ignition cycle 

and informs the driver of the need to 

change the brake pads while also 

recommending if continued driving is 

possible/advised. For as long as the 

brake warnings exist, the driver will be 

required to make a deliberate action 

after every new key cycle in order to 

suppress the additional brake warning 

messages. Finally, the additional brake 

warning symbols are accurately 

depicted and displayed in the correct 

colors, consistent with Table 1 of 

FMVSS No. 101, minimizing any 

confusion about the meaning of the 

indicators. Due to the aforementioned 

factors, the Agency concurs with 

Porsche that the subject noncompliance 

will have an adverse effect on vehicle 

safety and therefore recommends that 

this petition be granted. 

VII. NHTSA’s Decision 

In consideration of the foregoing, 

NHTSA finds that Porsche has met its 

burden of persuasion that the subject 

FMVSS No. 135 noncompliance in the 

affected vehicles is inconsequential to 

motor vehicle safety. Accordingly, 

Porsche’s petition is hereby granted, and 

Porsche is consequently exempted from 

the obligation of providing notification 

of, and a free remedy for, that 

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 the subject 

vehicles that Porsche 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 Porsche 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. 2023–19142 Filed 9–5–23; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. DOT–OST–2023–0063] 

Agency Information Collection 

Activities: Approval of Information 

Collection 

AGENCY: Office of the Secretary (OST), 

DOT. 

ACTION: 60-Day notice and request for 

comments. 

SUMMARY: The Department of 

Transportation (DOT) invites public 

comments on our intention to request 

Office of Management and Budget 

(OMB) approval for an information 

collection in accordance with the 


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61008 Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 

requirements of the Paperwork 

Reduction Act of 1995. This collection 

is necessary for administration of the 

Reconnecting Communities (RCP) and 

Neighborhood Access and Equity (NAE) 

Discretionary Grant Programs and 

funding opportunities. Together, these 

programs are known as ‘‘Reconnecting 

Communities and Neighborhoods 

(RCN)’’ in the combined NOFO. RCN 

provides federal financial assistance for 

surface transportation infrastructure 

projects. Through RCP, this includes 

removing, retrofitting, or mitigating 

transportation facilities such as 

highways and rail lines that create 

barriers to community connectivity 

including to mobility, access, or 

economic development. Through NAE, 

this includes the RCP eligibilities, with 

the further ability to reduce burdens 

such as GHG emissions, hot spot areas, 

gaps in tree canopy coverage, and other 

natural environment concerns. 

DATES: Written comments should be 

submitted by November 6, 2023. 

ADDRESSES: To ensure that you do not 

duplicate your docket submissions, 

please submit them by only one of the 

following means: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W–12–140, 1200 

New Jersey Ave. SE, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

Instructions: To ensure proper 

docketing of your comment, please 

include the agency name and docket 

number [DOT–OST–2023–0063] at the 

beginning of your comments. All 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: For 

further information regarding this 

notice, please contact the Office of the 

Secretary via email at 

ReconnectingCommunities@dot.gov or 

contact Andrew Emanuele at 

andrew.emanuele@dot.gov or 202–366– 

0622. A TDD is available for individuals 

who are deaf or hard of hearing at 202– 

366–3993. 

SUPPLEMENTARY INFORMATION: New 

Collection. OMB number will be issued 

after the collection is approved. 

Title: Reconnecting Communities 

Pilot Program and Neighborhood Access 

and Equity Program (Reconnecting 

Communities and Neighborhoods (RCN) 

Discretionary Grants. 

Form Numbers: None. 

Type of Review: New Information 

Collection Request (ICR). 

Background: The Office of the 

Secretary (‘‘OST’’) within the 

Department of Transportation (DOT) 

provides financial assistance for surface 

transportation infrastructure projects— 

including removing, retrofitting, or 

mitigating transportation facilities such 

as highways and rail lines that create 

barriers to community connectivity 

including to mobility, access, or 

economic development. The 

Infrastructure Investment and Jobs Act 

(Pub. L. 117–58, November 15, 2021) 

(Bipartisan Infrastructure Law, or BIL) 

provided funds to the Department to 

invest in planning and capital 

construction grants to reduce 

transportation barriers: the 

Reconnecting Communities Pilot 

Program, found under section 11509 of 

division A. The Inflation Reduction Act 

(Pub. L. 117–169, August 16, 2022) 

(IRA) provided funds to the Department 

for the NAE to invest in planning and 

construction grants to improve the 

walkability, safety, and provide 

affordable access: the Neighborhood 

Access & Equity grant program, found at 

23 U.S.C. 177: To help streamline the 

process for applicants, the Department 

has combined the applications for the 

RCP and NAE programs into the RCN 

common application. 

The DOT combined these two 

programs into one single Notice of 

Funding Opportunity (NOFO) to 

provide a more efficient application 

process for project sponsors. While they 

remain separate programs for the 

purposes of award, the programs share 

many common characteristics. Because 

of these shared characteristics, it is 

possible for many projects to be eligible 

and considered for multiple programs 

using a single application. 

This notice seeks comments on the 

proposed information collection, which 

will collect information necessary to 

support the ongoing oversight and 

administration of previous awards, a 

Letter of Intent screening tool, the 

evaluation and selection of new 

applications, the funding agreement 

negotiation stage for new awards, and 

the evaluation of the programs. The 

reporting requirements for the program 

is as follows: 

Prior to applying, a project sponsor 

may fill out a ‘‘Letter of Intent’’ 

screening tool to help determine 

eligibility for one or both programs 

within the RCN NOFO or help direct 

them to a more appropriate grant 

program. 

To be considered to receive an RCN 

grant, a project sponsor must submit an 

application to DOT containing a project 

narrative, as detailed in the NOFO. The 

project narrative should include the 

information necessary for the 

Department to determine that the 

project satisfies eligibility requirements 

as warranted by law. 

After the award announcement the 

Department will send out a voluntary 

survey to all applicants and webinar 

participants to help evaluate the 

application process. 

Following the announcement of a 

funding award, the recipient and DOT 

will negotiate and sign a funding 

agreement with awardees. In the 

agreement, the recipient must describe 

the project that DOT agreed to fund, 

which is the project that was described 

in the RCN application or a reducedscope version of that project. The 

agreement also includes project 

schedule milestones, a budget, and 

project-related climate change, equity, 

and workforce planning and policies. 

During the project monitoring stage, 

grantees will submit reports on the 

financial condition of the project and 

the project’s progress. Grantees will 

submit progress and monitoring reports 

to the Government on a quarterly basis 

until completion of the project. The 

progress reports will include an SF–425, 

Federal Financial Report, and other 

information determined by the 

administering DOT Operating 

Administration. This information will 

be used to monitor grantees’ use of 

Federal funds, ensuring accountability 

and financial transparency in the RCN 

programs. 

For Post Construction Reporting, the 

DOT will evaluate the program for 

recipients of capital construction grants 

and include the outcomes and impacts 

of the highway removal project, The 

report will document any changes in the 

overall level of mobility, congestion, 

access, and safety in the project area, 

and environmental impacts and 

economic development opportunities in 

the project area. Performance reporting 

continues for several years after project 

construction is completed in which 

DOT will not provide grant funding 

specifically for performance reporting. 

For the purposes of estimating the 

information collection burden below for 

new applicants and awardees, the 

Department is assuming that for each 

year 2023–2025, the Department will 

review approximately 1,000 

applications and negotiate 100 funding 

agreements. Quarterly project 


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Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 61009 

monitoring will also exist for the 45 RCP 

projects awarded in FY22. For a detailed 

breakdown of burden hours, please see 

Table 1. 

TABLE 1 

Respondent 

Year 1 (2023) Year 2 (2024) Year 3 (2025) Total 

hrs. # Hrs. Freq. # Hrs. Freq. # Hrs. Freq. 

Letter of Intent ... 600 0.5 1 .................... .................... .................... .................... .................... .................... 300 

Applicants .......... 1,000 100 1 .................... .................... .................... .................... .................... .................... 100,000 

Survey ............... 700 0.5 1 .................... .................... .................... .................... .................... .................... 350 

Awardee Funding Agreements ............. .................... .................... .................... 100 6 1 .................... .................... .................... 600 

Quarterly Monitoring (2022) .. 45 5 4 .................... .................... .................... .................... .................... .................... 900 

Letter of Intent ... .................... .................... .................... 600 0.5 1 .................... .................... .................... 300 

Applicants .......... .................... .................... .................... 1,000 100 1 .................... .................... .................... 100,000 

Survey ............... .................... .................... .................... 700 0.5 1 .................... .................... .................... 350 

Awardee Funding Agreements ............. .................... .................... .................... .................... .................... .................... 100 6 1 600 

Quarterly Monitoring (2022 & 

2023) .............. .................... .................... .................... 145 5 4 .................... .................... .................... 2,900 

Letter of Intent ... .................... .................... .................... .................... .................... .................... 250 0.5 1 125 

Applicants .......... .................... .................... .................... .................... .................... .................... 435 100 1 43,500 

Survey ............... .................... .................... .................... .................... .................... .................... 300 0.5 1 150 

Awardee Funding Agreements ............. .................... .................... .................... .................... .................... .................... .................... .................... .................... ....................

Quarterly Monitoring (2022, 

2023, 2024) ... .................... .................... .................... .................... .................... .................... 245 5 4 4,900 

Grand Total .................... .................... .................... .................... .................... .................... .................... .................... .................... 254,975 

The Department’s estimated burden 

for this information collection is the 

following: 

For Letter of Intent Screening Tool 

Expected Number of Respondents: 

Approximately 600 in Year 1 and 2. 

DOT expects 250 in Year 3 with 

depletion of NAE funding by then, 

reducing those using the tool. 

Frequency: Once. 

Estimated Average Burden per 

Response: .5 hours. 

For New Applications 

Expected Number of Respondents: 

Approximately 1,000 in Year 1 and 2. 

435 are expected for Year 3 with 

depletion of NAE funding. 

Frequency: Once. 

Estimated Average Burden per 

Response: 100 hours for each new 

Application; 

For Program Evaluation (Survey) 

Expected Number of Respondents: 

Approximately 700 in Year 1 and 2. 300 

in Year 3. 

Frequency: Once. 

Estimated Average Burden per 

Response: 0.5 hours for each 

application; 

For Funding Agreements 

Expected Number of Respondents: 

Approximately 100 in Year 1 and 2. 

Frequency: Once. 

Estimated Average Burden per 

Response: 6 hours for each new Funding 

Agreement; 

For Quarterly Project Monitoring 

Expected Number of Respondents: 

Approximately 45 in Year 1. 100 in Year 

2 and Year 3. 

Frequency: Quarterly. 

Estimated Average Burden per 

Response: 5 hours for each request for 

Quarterly Progress and Monitoring 

Report; 

For Post-Construction Project 

Monitoring 

Because RCN expect no projects to 

complete construction by 2025, postconstruction monitoring hours and cost 

are not computed in this document. 

Estimated Total 3-Year Burden on 

Respondents: 254,975 Hours 

• Letter of Intent [825 hrs] 

• New Applicants [242,000 hrs] 

• Survey [850 hrs] 

• New Awardee Funding Agreements 

[1,200 hrs] 

• Prior Awardee Quarterly Project 

Monitoring [8,700] 

The following is detailed information 

and instructions regarding the specific 

reporting requirements for each report 

identified above: 

Letter of Intent Screening Stage 

To help applicants determine their 

eligiblity for the RCN combined grant 

opportunity, OST will develop and use 

the ‘‘Letter of Intent’’ tool to help 

applicants determine eligiblity for the 

programs or what application materials 

they may be missing. The Letter of 

Intent screening tool will save potential 

applicants hundreds of hours of 

application development time if the 

project has a ‘‘fatal flaw’’ that would 

render it ineligible. The Letter of Intent 

tool will consist of 10–20 questions and 

takes .5 hrs to fill out. 

Application Stage 

To be considered to receive a RCN 

grant, a project sponsor must apply to 

DOT containing a project narrative, as 

detailed in the NOFO. The project 

narrative should include the 

information necessary for the 

Department to determine that the 

project satisfies eligibility requirements. 

Applications must be submitted 

through www.valideval.com. 

Instructions for submitting Planning or 

Capital applications can be found at 

https://usg.valideval.com/teams/rcn_

planning/signup or https://

usg.valideval.com/teams/rcn_

captialconstruction/signup, 

respectively. The application must 


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61010 Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 

include the Standard Form 424 

(Application for Federal Assistance), 

Standard Form 424C (Budget 

Information for Construction Programs), 

cover page, and the Project Narrative. 

The application should include a 

table of contents, maps, and graphics, as 

appropriate, to make the information 

easier to review. The Department 

recommends that the application be 

prepared with standard formatting 

preferences (i.e., a single-spaced 

document, using a standard 12-point 

font such as Times New Roman, with 1- 

inch margins). The only substantive 

portions that may exceed the page limit 

are documents supporting assertions or 

conclusions made in the project 

narrative. If possible, website links to 

supporting documentation should be 

provided rather than copies of these 

supporting materials. If supporting 

documents are submitted, applicants 

should clearly identify within the 

project narrative the relevant portion of 

the project narrative that each 

supporting document supports. At the 

applicant’s discretion, relevant 

materials provided previously to a 

modal administration in support of a 

different USDOT financial assistance 

program may be referenced and 

described as unchanged. 

OST estimates that it takes 

approximately 100 person-hours to 

compile an application package for a 

RCN application. Since OST expects to 

receive 1000 applications per funding 

round, the total hours required are 

estimated to be 50,00 hours (100 hours 

× 1,000 applications = 100,000 hours) 

on a one-time basis, per funding round. 

Program Evaluation Stage (Survey) 

To understand the RCN grant process 

from the applicant’s point of view, OST 

plans to send out a survey after all 

award decisions have been made. This 

survey will go to all applicants, both 

successful and unsuccessful, and will 

take approximately .5 hours to 

complete. 

Funding Agreement Stage 

DOT enters a funding agreement with 

each recipient. In the agreement, the 

recipient describes the project that DOT 

agreed to fund, which is typically the 

project that was described in the RCN 

application or a reduced-scope version 

of that project. The agreement also 

includes a project schedule, budget, and 

project related climate change and 

equity planning and policies. 

OST estimates that it takes 

approximately 6 person-hours to 

respond to provide the information 

necessary for funding agreements. Based 

on previous rounds of RCN awards, OST 

estimates that there will likely be 100 

agreements negotiated per additional 

funding round. The total hours required 

are estimated to be 600 (6 hours × 100 

agreements = 600 hours) on a one-time 

basis, per funding round. 

Project Monitoring Stage 

OST requires each recipient to submit 

quarterly reports during the project to 

ensure the proper and timely 

expenditure of federal funds under the 

grant. 

The requirements comply with 2 CFR 

part 200 and are restated in the funding 

agreement. During the project 

monitoring stage, the grantee will 

complete Quarterly Progress Reports to 

allow DOT to monitor the project budget 

and schedule. 

OST estimates that it takes 

approximately 5 person-hours to 

develop and submit a quarterly progress 

report. OST awarded 45 recipients and 

awardees in 2022. OST expects 

approximately 100 projects to be 

awarded per funding round. 

Post Construction Monitoring Stage 

For Post Construction Reporting, the 

DOT will evaluate the program for 

recipients of capital construction grants 

and include the outcomes and impacts 

of the highway removal project, The 

report will document any changes in the 

overall level of mobility, congestion, 

access, and safety in the project area, 

and environmental impacts and 

economic development opportunities in 

the project area. Because RCN expect no 

projects to complete construction by 

2025, post-construction monitoring 

hours and cost are not computed in this 

document. 

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 August 31st, 

2023. 

John Augustine, 

Director of the Office of Infrastructure 

Finance and Innovation, Office of the Under 

Secretary for Transportation Policy. 

[FR Doc. 2023–19175 Filed 9–5–23; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF THE TREASURY 

Bureau of the Fiscal Service 

Proposed Collection of Information: 

Generic Clearance for the Collection of 

Qualitative Feedback on Agency 

Service Delivery 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, 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 proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

Currently the Bureau of the Fiscal 

Service within the Department of the 

Treasury is soliciting comments 

concerning the Generic Clearance for 

the Collection of Qualitative Feedback 

on Agency Service Delivery. 

DATES: Written comments should be 

received on or before November 6, 2023 

to be assured of consideration. 

ADDRESSES: Direct all written comments 

and requests for additional information 

to Bureau of the Fiscal Service, Bruce A. 

Sharp, Room #4006–A, P.O. Box 1328, 

Parkersburg, WV 26106–1328, or 

bruce.sharp@fiscal.treasury.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Generic Clearance for the 

Collection of Qualitative Feedback on 

Agency Service Delivery. 

OMB Number: 1530–0023. 

Abstract: The Bureau of the Fiscal 

Service conducts various surveys, focus 

groups, and interviews to assess the 

effectiveness and efficiency of existing 

products and services; to obtain 

knowledge about the potential public 

audiences attracted to new products 

being introduced; and to measure 

awareness and appeal of efforts to reach 

audiences and customers. 

Current Actions: Extension of a 

currently approved collection. 

Type of Review: Regular. 

Affected Public: Individuals or 

Households. 

Estimated Number of Respondents: 

75,000. 

Estimated Time per Respondent: 8 

minutes. 

Estimated Total Annual Burden 

Hours: 10,000. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval. All 

comments will become a matter of 

public record. Comments are invited on: 

1. Whether the collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; 2. the accuracy of the 

agency’s estimate of the burden of the 

collection of information; 3. ways to 

enhance the quality, utility, and clarity 

of the information to be collected; 4. 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 


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