Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices 9785 

offer, indicating the type of financial assistance they 

wish to provide (i.e., subsidy or purchase) and 

demonstrating that they are preliminarily 

financially responsible. See 49 CFR 1152.27(c)(2)(i). 

2The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Office of Environmental 

Analysis (OEA) in its independent investigation) 

cannot be made before the exemption’s effective 

date. See Exemption of Out-of-Serv. Rail Lines, 5 

I.C.C.2d 377 (1989). Any request for a stay should 

be filed as soon as possible so that the Board may 

take appropriate action before the exemption’s 

effective date. 

3Filing fees for OFAs and trail use requests can 

be found at 49 CFR 1002.2(f)(25) and (27), 

respectively. 

this exemption will be effective on 

March 24, 2022, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,2

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2), and 

interim trail use/rail banking requests 

under 49 CFR 1152.29 must be filed by 

March 4, 2022.3 Petitions to reopen or 

requests for public use conditions under 

49 CFR 1152.28 must be filed by March 

14, 2022. 

All pleadings, referring to Docket No. 

AB 55 (Sub-No. 806X), should be filed 

with the Surface Transportation Board 

via e-filing on the Board’s website. In 

addition, a copy of each pleading must 

be served on CSXT’s representative, 

Louis E. Gitomer, Law Offices of Louis 

E. Gitomer, LLC, 600 Baltimore Avenue, 

Suite 301, Towson, MD 21204. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

CSXT has filed a combined 

environmental and historic report that 

addresses the potential effects, if any, of 

the abandonment on the environment 

and historic resources. OEA will issue a 

Draft Environmental Assessment (Draft 

EA) by February 25, 2022. The Draft EA 

will be available to interested persons 

on the Board’s website, by writing to 

OEA, or by calling OEA at (202) 245– 

0294. Assistance for the hearing 

impaired is available through the 

Federal Relay Service at (800) 877–8339. 

Comments on environmental or historic 

preservation matters must be filed 

within 15 days after the Draft EA 

becomes available to the public. 

Environmental, historic preservation, 

public use, or trail use/rail banking 

conditions will be imposed, where 

appropriate, in a subsequent decision. 

Pursuant to the provisions of 49 CFR 

1152.29(e)(2), CSXT shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the Line. If 

consummation has not been effected by 

CSXT’s filing of a notice of 

consummation by February 22, 2023, 

and there are no legal or regulatory 

barriers to consummation, the authority 

to abandon will automatically expire. 

Board decisions and notices are 

available at www.stb.gov. 

Decided: February 15, 2022. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Stefan Rice, 

Clearance Clerk. 

[FR Doc. 2022–03704 Filed 2–18–22; 8:45 am] 

BILLING CODE 4915–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

China’s Acts, Policies, and Practices 

Related to Technology Transfer, 

Intellectual Property, and Innovation; 

Technical Modifications to 301 Action 

AGENCY: Office of the United States 

Trade Representative (USTR). 

ACTION: Notice. 

SUMMARY: Effective January 27, 2022, the 

U.S. International Trade Commission 

(USITC) implemented certain changes to 

the Harmonized Tariff Schedule of the 

United States (HTSUS) to conform to 

amendments adopted by the World 

Customs Organization. To rectify a 

technical error and ensure that those 

amendments do not extend the scope of 

the additional duties in the Section 301 

investigation of China’s acts, policies, 

and practices related to technology 

transfer, intellectual property, and 

innovation (China 301 investigation), 

this notice makes two technical 

modifications in the HTSUS notes 

implementing the additional duties. 

DATES: The technical modifications in 

the Annex to this notice are applicable 

as of January 27, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

general questions about this notice, 

contact Associate General Counsel 

Philip Butler or Assistant General 

Counsel Rachel Hasandras at (202) 395– 

5725. For specific questions on customs 

classification or implementation of the 

product exclusion identified in the 

Annex to this notice, contact 

traderemedy@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Effective January 27, 2022, the USITC, 

in accordance with Presidential 

Proclamation 10326 of December 23, 

2021, implemented certain changes in 

the HTSUS in accordance with its 

responsibility to update the HTSUS to 

conform to amendments adopted by the 

World Customs Organization. These 

changes subjected HTSUS subheading 

2931.49.00 to additional duties in the 

China 301 investigation. 

B. Technical Modifications to China 

301 Action 

The Annex to this notice makes 

technical modifications to the HTSUS to 

correct the error of subjecting HTSUS 

subheading 2931.49.00 to additional 

duties in the China 301 investigation. In 

particular, the Annex makes technical 

modifications to U.S. notes 20(f) and 

20(u) to subchapter III of chapter 99 of 

the HTSUS, as set out in the Annexes 

to the notices published at 83 FR 47974 

(September 21, 2018), 84 FR 43304 

(August 20, 2019), and 84 FR 69447 

(December 18, 2019). The technical 

changes are applicable as of January 27, 

2022, which is the same effective date 

as the HTSUS changes conforming to 

the World Customs Organization 

amendments. 

Annex 

Effective with respect to goods 

entered for consumption, or withdrawn 

from warehouse for consumption, on or 

after 12:01 a.m. eastern standard time on 

January 27, 2022: 

1. U.S. note 20(f) to subchapter III of 

chapter 99 of the Harmonized Tariff 

Schedule of the United States (HTSUS) 

is amended by deleting ‘‘2931.49.00’’; 

and 

2. U.S. note 20(u) to subchapter III of 

chapter 99 of the HTSUS is amended: 

a. by deleting ‘‘2931.39.00’’; and 

b. by inserting ‘‘2931.49.00’’, in 

numerical sequence. 

Greta Peisch, 

General Counsel, Office of the United States 

Trade Representative. 

[FR Doc. 2022–03701 Filed 2–18–22; 8:45 a.m.] 

BILLING CODE 3290–F2–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2017–0018] 

BMW of North America, LLC and 

Volkswagen Group of America; Denial 

of Petitions for Temporary Exemption 

From FMVSS No. 108 for Vehicles With 

Adaptive Driving Beam Headlamps 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of denial of petitions for 

a temporary exemption for vehicles 

equipped with adaptive driving beam 

headlighting systems from certain 

requirements of Federal Motor Vehicle 

Safety Standard (FMVSS) No. 108; 


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9786 Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices 

1The basis for both petitions is that an exemption 

would make easier the development or field 

evaluation of a new motor vehicle safety feature 

providing a safety level at least equal to that of the 

standard. 49 CFR 555.6(b). 

2ADB technology can enhance safety in two 

ways. First, such systems provide more 

illumination than existing lower beams by 

providing a sculpted, dynamic beam pattern that 

adjusts to avoid glaring other motorists; highresolution ADB systems are even capable of 

classifying objects and placing optimized levels of 

light on all objects in the driver’s view (such as 

retroreflective signs or pedestrians). Second, such 

systems facilitate increased use of the upper beam 

in situations where other vehicles will not be 

glared. For both these reasons, ADB has the 

potential to reduce the risk of crashes by increasing 

visibility without increasing glare. 

3NHTSA has addressed all significant comments 

to the NPRM in the ADB final rule published today. 

‘‘Lamps, reflective devices, and 

associated equipment.’’ 

SUMMARY: This document denies 

petitions from Volkswagen Group of 

America (Volkswagen) and BMW of 

North America, LLC (BMW) 

(collectively, Petitioners) for temporary 

exemptions from certain requirements 

of FMVSS No. 108 to allow installation 

of adaptive driving beam (ADB) 

headlighting systems. Both 

manufacturers requested exemptions on 

the basis that an exemption would 

facilitate the development or field 

evaluation of a new motor vehicle safety 

feature providing a safety level at least 

equal to that of the standard. NHTSA 

has determined that, in light of the 

publication today of a final rule 

amending FMVSS No. 108 to allow ADB 

systems, there is no need to grant the 

requested exemptions because the 

standard now allows the deployment of 

such systems. Accordingly, the petitions 

are denied. 

FOR FURTHER INFORMATION CONTACT: John 

Piazza, Office of the Chief Counsel, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

Telephone: 202–366–2992; Email: 

John.Piazza@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 11, 2017, NHTSA 

published a notice of receipt of a 

petition from Volkswagen for a 

temporary exemption from certain 

requirements of FMVSS No. 108 to 

allow the use of ADB headlights (82 FR 

42720). On March 22, 2018, NHTSA 

published a notice of receipt of a similar 

petition from BMW (83 FR 12650). That 

notice also requested additional 

information from Volkswagen, BMW, 

and any other manufacturers wishing to 

submit exemption petitions for ADB 

systems, to assist NHTSA in evaluating 

such petitions.1 Volkswagen and BMW 

subsequently submitted additional 

information in response to the 2018 

notice. 

Adaptive driving beam systems are an 

advanced type of semiautomatic 

headlamp beam switching technology 

that aims to address the tradeoff 

between forward visibility and glare. 

ADB systems are capable of producing 

a dynamic adaptive beam pattern 

brighter than a conventional lower 

beam, but not as bright as an upper 

beam. This adaptive beam is 

particularly useful for distance 

illumination of pedestrians, cyclists, 

animals, and objects in or near the road 

when other vehicles are present and 

thus preclude use of the upper beam.2

NHTSA is today publishing a final 

rule amending FMVSS No. 108 to 

permit ADB systems. The final rule 

establishes performance requirements to 

ensure that ADB systems operate safely 

by not glaring other motorists and 

providing a minimum level of visibility. 

The final rule is effective immediately. 

II. Overview of the Petitions 

Volkswagen Petition 

Volkswagen petitioned for an 

exemption from S9.4 and S10.14.6 of 

FMVSS No. 108 for its Matrix Beam 

ADB system on Audi A7 models (which 

may also include S7 and Rs7 variants). 

Section S9.4 requires that a vehicle have 

a means of switching between lower and 

upper beams. The means must be 

designed and located so that it may be 

operated conveniently by a simple 

movement of the driver’s hand or foot. 

The switch must have no dead point 

and, except as provided by S6.1.5.2, the 

lower and upper beams must not be 

energized simultaneously except 

momentarily for temporary signaling 

purposes or during switching between 

beams. S10.14.6 specifies the 

photometry requirements for integral 

beam headlighting systems. Volkswagen 

indicated that the Matrix Beam may not 

comply with these requirements. 

The basis for the application is that 

the exemption would make easier the 

development or field evaluation of a 

new motor vehicle safety feature 

providing a safety level at least equal to 

that of the standard. Volkswagen 

explained how the Matrix Beam system 

operates and the safety benefits it 

believes the system would offer. 

Volkswagen also submitted additional 

information in response to NHTSA’s 

request for information in the 2018 

notice. 

BMW Petition 

BMW petitioned for an exemption 

from FMVSS No. 108 for BMW i8 

vehicles equipped with its Laserlight 

Glare-Free High Beam Assist. Similar to 

Volkswagen, BMW sought an exemption 

from the requirement of S9.4 that 

prohibits the simultaneous energization 

of the lower and upper beams and from 

the upper beam photometry 

requirements of S10.14.6. BMW stated 

that the photometry requirements 

specify minimum and maximum 

photometric intensities of the upper 

beam light that may not be met by the 

Glare-Free High Beam Assist. 

The basis for the application is that 

the exemption would make easier the 

development or field evaluation of a 

new motor vehicle safety feature 

providing a safety level at least equal to 

that of the standard. BMW explained 

how the Glare-Free High Beam Assist 

operates and the safety benefits it 

believes the system would offer. BMW 

also submitted additional information in 

response to NHTSA’s requests for 

information in the 2018 notice. 

III. Summary of Comments 

NHTSA received 17 comments on one 

or both of the petitions. Several 

manufacturers or trade groups (Truck 

and Engine Manufacturers Association, 

SAE, Osram Sylvania Products, Inc., 

Alliance of Automobile Manufacturers 

(Alliance), American Trucking 

Associations, Mercedes-Benz USA, LLC, 

and Transportation Safety Equipment 

Institute (TSEI)) commented in support 

of the petitions. Two public interest 

groups (Advocates for Highway Safety 

and Consumers Union) also supported 

or conditionally supported granting one 

or both of the petitions. Several 

individual citizens commented in 

support of granting one or both of the 

petitions. 

SAE, the Alliance, and Mercedes also 

responded to NHTSA’s 2018 request for 

additional information. These 

comments were repeated in these 

organizations’ comments to the ADB 

NPRM. OSRAM, the Alliance, 

Mercedes, and TSEI supported SAE’s 

comment. Advocates for Highway Safety 

commented on Volkswagen’s petition 

and conditionally supported it. 

Consumers Union commented on 

several issues, and submitted similar 

comments to the NPRM.3

IV. Agency Analysis and Decision 

NHTSA has considered Petitioners’ 

arguments, the comments received on 

the petitions, and the final rule that is 

being issued today. NHTSA has 

determined that the issuance of the final 

rule makes it unnecessary for NHTSA to 

grant the petitions. 


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Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices 9787 

4We do not read the petitioners as requesting an 

exemption from the requirements of the final rule, 

as the rule did not exist at the time of their 

petitions. Alternatively, we believe it is not 

necessary, nor would it be in the public interest, to 

exempt the ADB systems from the requirements for 

ADB systems in today’s final rule based on the 

information provided in the petitions. 

Petitioners argue that an exemption is 

necessary because their ADB systems 

may not comply with the requirements 

of S9.4 and S10.14.6. They also contend 

that an exemption would facilitate the 

development and field evaluation of 

their ADB systems because it would 

allow them to obtain data and consumer 

feedback on system performance. The 

publication of the FMVSS No. 108 final 

rule published today—that is effective 

immediately—permitting the 

deployment of ADB systems renders 

these petitions unnecessary. Petitioners 

and other manufacturers wishing to 

equip vehicles with ADB systems may 

do so, provided that the systems comply 

with the requirements set out in the 

final rule.4

The requirements adopted by the final 

rule are necessary to ensure that ADB 

systems operate safely with respect to 

glare prevention and visibility. The 

requirements are generally within the 

capabilities of current ADB systems 

(some system modifications might be 

necessary). These issues are discussed at 

length in the preamble to the final rule. 

We note that the manufacturers’ 

comments regarding the additional 

information NHTSA requested were also 

included in the comments those same 

manufacturers submitted to the ADB 

rulemaking docket in response to the 

NPRM. Those comments are addressed 

in the preamble to the final rule. 

Decision—Based on the foregoing, the 

petitions from Volkswagen and BMW 

for temporary exemption are denied. 

Authority: 49 U.S.C. 30113; 

delegations of authority at 49 CFR 1.95 

and 501.4, and 501.5. 

Steven S. Cliff, 

Deputy Administrator. 

[FR Doc. 2022–02452 Filed 2–18–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0059] 

Agency Information Collection 

Activities; Notice and Request for 

Comments; Consolidated Vehicles’ 

Owner’s Manual Requirements for 

Motor Vehicles and Motor Vehicle 

Equipment 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice and request for 

comments on a reinstatement with 

modification of a previously approved 

information collection. 

SUMMARY: The National Highway Traffic 

Safety Administration invites public 

comments about our intention to request 

approval from the Office of Management 

and Budget (OMB) to reinstate a 

previously approved information 

collection with modification. Before a 

Federal agency can collect certain 

information from the public, it must 

receive approval from OMB. Under 

procedures established by the 

Paperwork Reduction Act of 1995, 

before seeking OMB approval, Federal 

agencies must solicit public comment 

on proposed collections of information, 

including extensions and reinstatements 

of previously approved collections. This 

document describes a collection of 

information for which NHTSA intends 

to seek OMB approval on Vehicle 

Owner’s Manual Requirements for 

Motor Vehicles and Motor Vehicle 

Equipment. NHTSA is requesting a 

modification of the information 

collection to include regulatory changes 

made by NHTSA’s Adaptive Driving 

Beam Headlamps final rule. NHTSA is 

also requesting modification to include 

requirements for owner’s manuals in 

NHTSA’s existing regulations. 

DATES: Written comments should be 

submitted by April 25, 2022. 

ADDRESSES: You may submit comments, 

identified by NHTSA docket number 

identified above, through any of the 

following methods: 

• Electronic submissions: Go to the 

Federal eRulemaking Portal at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail or Hand Delivery: Docket 

Management, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Room W12– 

140, Washington, DC 20590, between 9 

a.m. and 5 p.m., Monday through 

Friday, except on Federal holidays. To 

be sure someone is there to help you, 

please call (202) 366–9322 before 

coming. 

Instructions: All submissions must 

include the agency name and docket 

number for this notice. Note that all 

comments received will be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below. 

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. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov or the street 

address listed above. Follow the online 

instructions for accessing the dockets 

via internet. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or access to 

background documents, contact James 

Myers, NHTSA, 1200 New Jersey 

Avenue SE, West Building, Room W43– 

320, NRM–100, Washington, DC 20590. 

Mr. Myers’ telephone number is 202– 

493–0031. Please identify the relevant 

collection of information by referring to 

its OMB Control Number. 

SUPPLEMENTARY INFORMATION: Under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), before an agency 

submits a proposed collection of 

information to OMB for approval, it 

must first publish a document in the 

Federal Register providing a 60-day 

comment period and otherwise consult 

with members of the public and affected 

agencies concerning each proposed 

collection of information. The OMB has 

promulgated regulations describing 

what must be included in such a 

document. Under OMB’s regulation (at 

5 CFR 1320.8(d)), an agency must ask 

for public comment on the following: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the proposed collection 

of information, including the validity of 

the methodology and assumptions used; 

(c) how to enhance the quality, utility, 

and clarity of the information to be 


lotter on DSK11XQN23PROD with NOTICES1