Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices 13397 

address provided above. The FDR/EA 

and FONSI can also be viewed and 

downloaded from the project website at: 

http://kensingtonexpressway.dot.ny.gov. 

This notice applies to FHWA agency 

decisions as of the issuance date of this 

notice and all laws under which such 

actions were taken, including but not 

limited to: 

1. National Environmental Policy Act [42 

U.S.C. 4321–4351]. 

2. Federal-Aid Highway Act [23 U.S.C. 109]. 

3. Clean Air Act [42 U.S.C. 7401–7671(q)]. 

4. Section 4(f) of the Department of 

Transportation Act of 1966 [49 U.S.C. 

303]. 

5. Endangered Species Act [16 U.S.C. 1531– 

1544 and 1536]. 

6. Fish and Wildlife Coordination Act [16 

U.S.C. 661–667(d)]. 

7. Migratory Bird Treaty Act [16 U.S.C. 703– 

712]. 

8. Bald and Golden Eagle Protection Act [16 

U.S.C. 668–668c]. 

9. Section 106 of the National Historic 

Preservation Act of 1966, as amended [16 

U.S.C. 470]. 

10. Farmland Protection Policy Act [7 U.S.C. 

4201–4209]. 

11. Clean Water Act (Section 319, Section 

401, Section 402, Section 404) [33 U.S.C. 

1251–1377]. 

12. Safe Drinking Water Act [42 U.S.C. 300(f) 

et seq.]. 

13. Uniform Relocation Assistance and Real 

Property Acquisition Policies Act of 

1970 [42 U.S.C. 4601 et seq.]. 

14. Noise Control Act of 1972 [42 U.S.C. 4901 

et seq.]. 

15. Resource Conservation and Recovery Act 

[42 U.S.C. 6901–6992(k)]. 

16. Comprehensive Environmental Response, 

Compensation, and Liability Act [42 

U.S.C. 9601–9675]. 

17. Americans with Disabilities Act of 1990 

[42 U.S.C. 12101]. 

18. Executive Order 11990 Protection of 

Wetlands. 

19. Executive Order 11988 Floodplain 

Management. 

20. Executive Order 12898 Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations. 

21. Executive Order 11593 Protection and 

Enhancement of Cultural Resources. 

22. Executive Order 13007 Indian Sacred 

Sites. 

23. Executive Order 13287 Preserve America. 

24. Executive Order 13175 Consultation and 

Coordination with Indian Tribal 

Governments. 

25. Executive Order 11514 Protection and 

Enhancement of Environmental Quality. 

26. Executive Order 13112 Invasive Species. 

27. Executive Order 13166 Improving Access 

to Services for Persons with Limited 

English Proficiency. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

(Authority: 23 U.S.C. 139(l)(1)) 

Richard J. Marquis, 

Division Administrator, Albany, NY. 

[FR Doc. 2024–03634 Filed 2–21–24; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2023–0067] 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 213 Test Procedure (TP– 

213–11) 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Request for comments (RFC). 

SUMMARY: The National Highway Traffic 

Safety Administration (NHTSA) seeks 

public comment on the Office of Vehicle 

Safety Compliance (OVSC) laboratory 

test procedure (TP) number TP–213–11, 

specifically relating to FMVSS No. 213a, 

Child restraint systems—side impact 

protection. This TP, prepared for the 

limited purpose of use by contracted 

independent laboratories conducting 

tests for NHTSA, is an agency guidance 

document intended for use by NHTSA 

test contractors. TPs are not rules, 

regulations, or agency interpretations 

regarding the meaning of a Federal 

motor vehicle safety standard. The TP 

serves as a contractual document 

between NHTSA and its contract test 

laboratories. The updated OVSC 

laboratory test procedure, TP–213–11, 

includes new instructions for how labs 

should test for compliance with the 

recently created FMVSS No. 213a, Child 

restraint systems—side impact 

protection. 

DATES: Comments must be received no 

later than May 22, 2024. 

ADDRESSES: 

Documents: The OVSC laboratory test 

procedure TP–213–11, described in this 

RFC, is available for viewing in PDF 

format in the docket identified in the 

heading of this document. 

Comments: You may submit 

comments to the docket, identified by 

the docket number identified in the 

head of this document, by any of the 

following methods: 

• Federal eRulemaking Portal: To 

submit comments electronically, go to 

the U.S. Government regulations 

website at http://www.regulations.gov. 

Follow the online instructions for 

submitting comments. 

• Fax: Written comments may be 

faxed to 202–493–2251. 

• Mail: Send comments to: 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: If you submit 

written comments by hand or courier, 

please do so at 1200 New Jersey Avenue 

SE, West Building Ground Floor, Room 

W12–140, Washington, DC between 9 

a.m. and 5 p.m. Eastern Time, Monday 

through Friday, except Federal holidays. 

To be sure someone is there to help you, 

please call 202–366–9826 before 

coming. 

Instructions: For detailed instructions 

on submitting comments and additional 

information, see the Public Participation 

section of this document, which can be 

found below. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit https://

www.transportation.gov/privacy. 

If you wish to provide comments 

containing proprietary or confidential 

information, please follow the 

instructions in the section of this notice 

titled ‘‘How do I submit confidential 

business information?’’ 

FOR FURTHER INFORMATION CONTACT: 

For technical issues: Mr. Corey Barlet, 

Compliance Engineer, Office of Vehicle 

Safety Compliance, National Highway 

Traffic Safety Administration, 1200 New 

Jersey Ave SE, Washington, DC 20590. 

Telephone: 202–366–1119. Email: 

corey.barlet@dot.gov. 

For legal issues: Mr. Matthew Filpi, 

Attorney-Advisor, Office of the Chief 

Counsel, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

Telephone: 202–366–3179. Email: 

matthew.filpi@dot.gov. 

SUPPLEMENTARY INFORMATION: On June 

30, 2022, NHTSA published a final rule 

establishing Federal Motor Vehicle 

Safety Standard (FMVSS) No. 213a, 

Child restraint systems—side impact 

protection (87 FR 39234). This final rule 

requires child restraint systems (CRS) 

designed to seat children weighing up to 

18.1 kilograms (kg) or in a height range 

that includes heights up to 1,100 

millimeters, to meet certain minimum 


lotter on DSK11XQN23PROD with NOTICES1
13398 Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices 

1OVSC laboratory test procedures are distinct 

from regulatory test procedures that are included as 

part of most Federal Motor Vehicle Safety 

Standards. OVSC laboratory test procedures are 

generally based off of the regulatory test procedures 

in specific FMVSS, but are prepared by the agency 

to give contracted labs specific instructions on how 

to conduct a specific test. The agency publishes the 

OVSC laboratory test procedures on NHTSA’s 

website for transparency. The OVSC laboratory test 

procedures are simply agency guidance for 

contracted labs, and do not constitute official 

agency action. 

2 Docket No. NHTSA–2023–0067. 

3 87 FR 39234. 

side impact performance requirements. 

This RFC is strictly limited to the 

contents of OVSC laboratory test 

procedure TP–213–11, including 

subsequent amendments, if any, 

resulting from the agency’s response to 

petitions for reconsideration. TP–213– 

11 is available for viewing in PDF 

format in the docket identified in the 

heading of this document. 

Introduction 

To investigate whether specific 

vehicles or products comply with the 

Federal Motor Vehicle Safety Standards 

(FMVSS), NHTSA’s Office of Vehicle 

Safety Compliance (OVSC) contracts 

with labs to conduct compliance testing. 

OVSC laboratory test procedures are 

prepared for the limited purpose of use 

by contracted independent laboratories 

conducting compliance tests for the 

OVSC.1 OVSC laboratory test 

procedures are not rules, regulations, or 

NHTSA interpretations. OVSC 

laboratory test procedures are not 

intended to limit the requirements of 

the applicable FMVSS. In some cases, 

the OVSC laboratory test procedure, or 

the report produced as a result of the 

work performed by the contracted 

laboratory, does not include all of the 

various FMVSS minimum performance 

requirements. 

Background 

Under the National Traffic and Motor 

Vehicle Safety Act, NHTSA has the 

statutory authority to issue Federal 

Motor Vehicle Safety Standards 

(FMVSS) applicable to new motor 

vehicles and items of motor vehicle 

equipment. Child restraint systems fall 

under NHTSA’s regulatory authority 

because they are considered motor 

vehicle equipment. The law establishes 

a self-certification process in which the 

vehicle and equipment manufacturers 

themselves certify that all of their 

products are in compliance with all 

applicable FMVSS, which establish 

minimum criteria that the product must 

meet. It is up to manufacturers to 

determine what steps are necessary in 

order to ensure that every product 

manufactured meets or exceeds the 

applicable requirements before the 

products are imported, sold, offered for 

sale, or introduced into interstate 

commerce in the United States. 

NHTSA enforces its standards, in 

part, by procuring equipment from the 

marketplace and testing to the 

requirements of the applicable standard 

at independent test labs. Not all 

available products, applicable 

requirements, or every claim a 

manufacturer makes will be tested. 

Further, NHTSA’s testing does not 

constitute nor confirm a manufacturer’s 

certification of compliance of a product. 

It is up to manufacturers to certify 

compliance with the relevant FMVSS 

for their product, and they may choose 

to do so however they see fit. 

In the spirit of transparency with 

public and industry, OVSC laboratory 

test procedures are published on 

NHTSA’s website so interested parties 

may see how NHTSA is instructing its 

contracted labs to collect data to help 

OVSC investigate if products sold in the 

US comply with certain FMVSS. 

Because OVSC laboratory test 

procedures are OVSC’s instructions for 

NHTSA contracted labs and OVSC may 

not be testing strictly enough to ensure 

compliance of a vehicle or item of motor 

vehicle equipment, compliance is not 

necessarily guaranteed if the 

manufacturer limits its certification tests 

to those described in an OVSC 

laboratory test procedure. A 

manufacturer should not depend on the 

test reports produced as a result of 

OVSC’s laboratory testing as the basis 

for certification that its vehicle or item 

of motor vehicle equipment complies 

with all applicable requirements of a 

FMVSS, as OVSC’s laboratory tests 

evaluate a product’s performance under 

some, but not necessarily all, conditions 

and procedures described in an FMVSS, 

and the findings in those reports are the 

findings of the test laboratory and not 

necessarily of NHTSA. Under the 

National Traffic and Motor Vehicle 

Safety Act, manufacturers are 

responsible for certifying the 

compliance of their products with all 

applicable requirements of the FMVSSs. 

OVSC’s Current Test Procedure 

Over the years, NHTSA has drafted 

numerous versions of OVSC the 

laboratory test procedure for FMVSS 

No. 213 Child Restraint Systems, Child 

Restraint Systems—Side Impact 

Protection. Because FMVSS No. 213 was 

originally written in the late 1970s, the 

agency updated the test procedure 

numerous times because of changes in 

technology, the CRS market, and the 

standard itself. The previous OVSC 

laboratory test procedure for FMVSS 

No. 213, TP–213–10,2 was published in 

February 2014. When the agency 

published the side impact final rule in 

June of 2022,3 the agency felt that an 

update to the OVSC laboratory test 

procedure for FMVSS No. 213 was 

necessary. Among other updates to 

FMVSS No. 213, the side impact final 

rule created FMVSS No. 213a, which is 

a new standard requiring CRSs to meet 

certain minimum side impact 

performance requirements. Because this 

is a new standard, NHTSA is seeking 

feedback from the public on the side 

impact procedures in the new updated 

FMVSS No. 213 OVSC laboratory test 

procedure, TP–213–11. The collected 

feedback will be reviewed and 

considered by NHTSA and a future 

revision of the OVSC test procedure will 

be published to include potential 

updates made from the consideration of 

this solicitation, as well as FMVSS No. 

213b updates. 

The Updated OVSC Laboratory Test 

Procedure Draft and Request for 

Comment 

In the interest of ensuring a robust 

OVSC laboratory test procedure for a 

new safety standard, NHTSA invites 

public comment on TP–213–11 

specifically relating to sections of the 

OVSC laboratory test procedure that 

include FMVSS No. 213a requirements. 

Public Participation 

How do I prepare and submit 

comments? 

Your comments must be written and 

in English. To ensure that your 

comments are correctly filed in the 

Docket, please include the docket 

number indicated in this document in 

your comments. 

Please limit your comments to 15 

pages. We established this limit to 

encourage you to write your primary 

comments in a concise fashion. 

However, you may attach necessary 

additional documents to your 

comments. There is no limit on the 

length of the attachments. 

If you are submitting comments 

electronically as a PDF (Adobe) file, 

NHTSA asks that the documents be 

submitted using the Optical Character 

Recognition (OCR) process, thus 

allowing NHTSA to search and copy 

certain portions of your submissions. 

Please note that pursuant to the Data 

Quality Act, in order for substantive 

data to be relied upon and used by the 

agency, it must meet the information 

quality standards set forth in the OMB 

and DOT Data Quality Act guidelines. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices 13399 

Accordingly, we encourage you to 

consult the guidelines in preparing your 

comments. OMB’s guidelines may be 

accessed at https://

www.transportation.gov/regulations/ 

dot-information-dissemination-qualityguidelines. 

How can I be sure that my comments 

were received? 

If you submit comments by hard copy 

and wish Docket Management to notify 

you upon its receipt of your comments, 

enclose a self-addressed, stamped 

postcard in the envelope containing 

your comments. Upon receiving your 

comments, Docket Management will 

return the postcard by mail. If you 

submit comments electronically, your 

comments should appear automatically 

in the Docket identified in the heading 

of this document on 

www.regulations.gov. If they do not 

appear within two weeks of posting, 

NHTSA suggested that you call the 

Docket Management Facility at (202) 

366–9826. 

How do I submit confidential business 

information? 

You should submit a redacted ‘‘public 

version’’ of your comment (including 

redacted versions of any additional 

documents or attachments) to the docket 

using any of the methods identified 

under ADDRESSES. This ‘‘public version’’ 

of your comment should contain only 

the portions for which no claim of 

confidential treatment is made and from 

which those portions for which 

confidential treatment is claimed has 

been redacted. See below for further 

instructions on how to do this. 

You also need to submit a request for 

confidential treatment directly to the 

Office of the Chief Counsel. Requests for 

confidential treatment are governed by 

49 CFR part 512. Your request must set 

forth the information specified in part 

512. This includes the materials for 

which confidentiality is being requested 

(as explained in more detail below); 

supporting information, pursuant to 

§ 512.8; and a certificate, pursuant to 

§ 512.4(b) and part 512, appendix A. 

You are required to submit to the 

Office of the Chief Counsel one 

unredacted ‘‘confidential version’’ of the 

information for which you are seeking 

confidential treatment. Pursuant to 

§ 512.6, the words ‘‘ENTIRE PAGE 

CONFIDENTIAL BUSINESS 

INFORMATION’’ or ‘‘CONFIDENTIAL 

BUSINESS INFORMATION 

CONTAINED WITHIN BRACKETS’’ (as 

applicable) must appear at the top of 

each page containing information 

claimed to be confidential. In the latter 

situation, where not all information on 

the page is claimed to be confidential, 

identify each item of information for 

which confidentiality is requested 

within brackets: ‘‘[ ].’’ 

You are also required to submit to the 

Office of the Chief Counsel one redacted 

‘‘public version’’ of the information for 

which you are seeking confidential 

treatment. Pursuant to § 512.5(a)(2), the 

redacted ‘‘public version’’ should 

include redactions of any information 

for which you are seeking confidential 

treatment (i.e., the only information that 

should be unredacted is information for 

which you are not seeking confidential 

treatment). 

NHTSA is currently treating 

electronic submission as an acceptable 

method for submitting confidential 

business information to the agency 

under part 512. Please do not send a 

hardcopy of a request for confidential 

treatment to NHTSA’s headquarters. 

The request should be sent to Dan 

Rabinovitz in the Office of the Chief 

Counsel at Daniel.Rabinovitz@dot.gov. 

You may either submit your request via 

email or request a secure file transfer 

link. If you are submitting the request 

via email, please also email a courtesy 

copy of the request to Matthew Filpi at 

Matthew.Filpi@dot.gov. 

Will the agency consider late 

comments? 

In our response, we will consider all 

comments that Docket Management 

receives before the close of business on 

the comment closing date indicated 

above under DATES. To the extent 

possible, we will also consider 

comments that Docket Management 

receives after that date. 

How will the agency utilize comments 

received? 

The agency will consider all 

comments received, and will 

incorporate comments as it deems 

appropriate into the OVSC laboratory 

test procedure. 

How can I read the comments submitted 

by other people? 

You may read the comments received 

by Docket Management at the address 

given above under ADDRESSES. The 

hours of the docket are indicated above 

in the same location. You may also see 

the comments on the internet, at 

www.regulations.gov, identified by the 

docket number at the heading of this 

notice. Please note that, even after the 

comment closing date, NHTSA will 

continue to file relevant information in 

the docket as it becomes available. 

Further, some people may submit late 

comments. Accordingly, NHTSA 

recommends that you periodically 

check the docket for new material. 

(Authority: 49 U.S.C. 30166: delegations of 

authority at 49 CFR 1.95 and 501.8) 

Otto G. Matheke, III, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2024–03591 Filed 2–21–24; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Superfund Tax on Chemical 

Substances; Request To Modify List of 

Taxable Substances; Notice of Filing 

for Nylon 6 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of filing and request for 

comments. 

SUMMARY: This notice of filing 

announces that a petition has been filed 

requesting that nylon 6 be added to the 

list of taxable substances. This notice of 

filing also requests comments on the 

petition. This notice of filing is not a 

determination that the list of taxable 

substances is modified. 

DATES: Written comments and requests 

for a public hearing must be received on 

or before April 22, 2024. 

ADDRESSES: Commenters are encouraged 

to submit public comments or requests 

for a public hearing relating to this 

petition electronically via the Federal 

eRulemaking Portal at http://

www.regulations.gov (indicate public 

docket number IRS–2024–0005 or nylon 

6) by following the online instructions 

for submitting comments. Comments 

cannot be edited or withdrawn once 

submitted to the Federal eRulemaking 

Portal. Alternatively, comments and 

requests for a public hearing may be 

mailed to: Internal Revenue Service, 

Attn: CC:PA:01:PR (Notice of Filing for 

Nylon 6), Room 5203, P.O. Box 7604, 

Ben Franklin Station, Washington, DC 

20044. All comments received are part 

of the public record and subject to 

public disclosure. All comments 

received will be posted without change 

to www.regulations.gov, including any 

personal information provided. You 

should submit only information that 

you wish to make publicly available. If 

a public hearing is scheduled, notice of 

the time and place for the hearing will 

be published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Camille Edwards Bennehoff at (202) 

317–6855 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: 


lotter on DSK11XQN23PROD with NOTICES1