44942 Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Rules and Regulations 

section 180.411(a) since it will now 

have a national registration. 

VI. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: August 30, 2017. 

Michael L. Goodis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.411: 

■ a. Add alphabetically the 

commodities ‘‘Bushberry subgroup 13– 

07B’’; ‘‘Caneberry subgroup 13–07A’’; 

and ‘‘Fruit, small vine climbing, except 

fuzzy kiwifruit, subgroup 13–07F’’ to 

the table in paragraph (a); 

■ b. Remove the commodity ‘‘Grape’’ in 

the table in paragraph (a); 

■ c. Add alphabetically the 

commodities ‘‘Lettuce, head’’ and 

‘‘Lettuce, leaf’’ to the table in paragraph 

(a); 

■ d. Remove the commodity ‘‘Onion, 

bulb’’ in the table in paragraph (a); 

■ e. Add alphabetically the 

commodities ‘‘Onion, bulb, subgroup 3– 

07A’’; ‘‘Onion, green’’; ‘‘Rhubarb’’; and 

‘‘Strawberry’’; 

■ f. Remove the commodity ‘‘Sweet 

potato, roots’’ in the table in paragraph 

(a); 

■ g. Add alphabetically the commodity 

‘‘Vegetable, tuberous and corm, except 

potato, subgroup 1D’’ to the table in 

paragraph (a); 

■ h. Add alphabetically the 

commodities ‘‘Fescue, forage’’; and 

‘‘Fescue, hay’’ to the table in paragraph 

(c); and 

■ i. Remove the commodity ‘‘Rhubarb’’ 

from the table in paragraph (c). 

The additions read as follows: 

§ 180.411 Fluazifop-P-butyl; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Bushberry subgroup 13–07B ...... 0.30 

Caneberry subgroup 13–07A ..... 0.08 

* * * * * 

Fruit, small vine climbing, except 

fuzzy kiwifruit, subgroup 13– 

07F .......................................... 0.03 

* * * * * 

Lettuce, head .............................. 3.0 

Lettuce, leaf ................................ 5.0 

* * * * * 

Onion, bulb, subgroup 3–07A .... 0.50 

Onion, green ............................... 1.5 

* * * * * 

Rhubarb ...................................... 0.50 

* * * * * 

Strawberry .................................. 3.0 

Vegetable, tuberous and corm, 

except potato, subgroup 1D ... 1.5 

* * * * * 

(c) * * * 

Commodity Parts per 

million 

* * * * * 

Fescue, forage ............................ 4.0 

Fescue, hay ................................ 15 

* * * * * 

* * * * * 

[FR Doc. 2017–20748 Filed 9–26–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2016–0049; FRL–9966–68] 

Oxathiapiprolin; Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 


asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Rules and Regulations 44943 

SUMMARY: This regulation establishes a 

tolerance for residues of the fungicide 

oxathiapiprolin in or on cacao bean, 

dried bean. Interregional Research 

Project Number 4 (IR–4) requested the 

tolerance under the Federal Food, Drug, 

and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

September 27, 2017. Objections and 

requests for hearings must be received 

on or before November 27, 2017, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2016–0049, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael L. Goodis, Director, 

Registration Division (7505P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

main telephone number: (703) 305– 

7090; email address: RDFRNotices@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/40

tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2016–0049 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before November 27, 2017. Addresses 

for mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2016–0049, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of Tuesday, 

December 20, 2016 (81 FR 92758) (FRL– 

9956–04), EPA issued a document 

pursuant to FFDCA section 408(d)(3), 21 

U.S.C. 346a(d)(3), announcing the filing 

of a pesticide petition (PP# 6E8505) by 

Interregional Research Project Number 4 

(IR–4). The petition requested that 40 

CFR 180.685 be amended by 

establishing tolerances for residues of 

the fungicide oxathiapiprolin, 1-[4-[4-[5- 

(2,6-difluorophenyl)-4,5-dihydro-3- 

isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2- 

[5-methyl-3-(trifluoromethyl)-1Hpyrazol-1-yl]-ethanone, in or on cacao 

bean, bean at 0.10 parts per million 

(ppm); cacao bean, roasted bean at 0.15 

ppm; cacao bean, chocolate at 0.15 ppm; 

and cacao bean, cocoa powder at 0.15 

ppm. A summary of the petition 

prepared by IR–4 is available in the 

docket, http://www.regulations.gov. 

There were no comments received on 

the notice of filing. 

Based upon review of the data 

supporting the petition, EPA is 

establishing tolerances that differ from 

what the petitioner requested including; 

the commodity definition, tolerance 

level, and for which commodities. The 

reasons for these changes are explained 

in Unit IV.C. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue. . . .’’ 

Consistent with FFDCA section 

408(b)(2)(D), and the factors specified in 

FFDCA section 408(b)(2)(D), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 


asabaliauskas on DSKBBXCHB2PROD with RULES
44944 Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Rules and Regulations 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for oxathiapiprolin 

including exposure resulting from the 

tolerance established by this action, 

consistent with FFDCA section 

408(b)(2). 

In the Federal Register of Monday, 

December 5, 2016 (81 FR 87463) (FRL– 

9954–69), EPA established tolerances 

for residues of oxathiapiprolin in or on 

several food commodities. The risk 

assessments supporting that action 

aggregated dietary and non-occupational 

exposures from existing and proposed 

uses of oxathiapiprolin, including from 

the exposures associated with the 

tolerances requested in this action. That 

assessment, which included the 

tolerances in today’s action, concluded 

that the tolerances are safe; therefore, 

EPA is incorporating the findings in that 

Federal Register document and the 

supporting risk assessments as the basis 

for the safety finding in this tolerance 

rulemaking. In brief, the Agency 

determined that the lack of toxicity of 

oxathiapiprolin warranted a qualitative 

risk assessment, without the need for 

the additional Food Quality Protection 

Act safety factor to protect infants and 

children. 

Specific information on the studies 

received and the nature of the adverse 

effects caused by oxathiapiprolin as 

well as the no-observed-adverse-effectlevel (NOAEL) and the lowest-observedadverse-effect-level (LOAEL) from the 

toxicity studies can be found at http:// 

www.regulations.gov in the document, 

‘‘Oxathiapiprolin—New Active 

Ingredient Human Health Risk 

Assessment of Uses on Turf, 

Ornamentals, and a Number of Crops’’ 

dated June 25, 2015, in docket ID 

number EPA–HQ–OPP–2016–0049– 

0018. In addition, an abbreviated human 

health risk assessment document was 

developed to support the proposed uses 

of oxathiapiprolin on multiple crops, 

including cacao. That document, 

‘‘SUBJECT: Oxathiapiprolin. Human 

Health Risk Assessment to Support the 

Registration of New Uses of the 

Fungicide on Various Crops’’ dated 

October 31, 2016 is available in docket 

ID number EPA–HQ–OPP–2016–0049– 

0017. 

In conclusion, based on the findings 

of the December 5, 2016 Federal 

Register document and the supporting 

documents, EPA concludes that there is 

a reasonable certainty that no harm will 

result to the general population, or to 

infants and children from aggregate 

exposure to oxathiapiprolin residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Method 30422 (Supplement No. 1) 

was developed for plant commodities, 

and Method 31138 was developed for 

livestock commodities. Residues of 

oxathiapiprolin and associated 

metabolites are extracted from crop or 

livestock commodity samples using a 

solution of formic acid, water and 

acetonitrile, and diluted with 

acetonitrile and water. Both methods 

use liquid chromotography with tandem 

mass spectrometry (LC/MS/MS), 

specifically reverse-phase liquid 

chromatography (LC), and detection by 

electrospray tandem mass spectrometry 

(MS/MS). 

The FDA multi-residue methods are 

not suitable for detection and 

enforcement of oxathiapiprolin residues 

or associated metabolites. However, the 

European Multiresidue Method (DFG 

Method S19) and the QuEChERS 

Multiresidue Method have shown 

success in some matrices. 

Adequate enforcement methodology 

(LC/MS/MS) is available to enforce the 

tolerance expression. The method may 

be requested from: Chief, Analytical 

Chemistry Branch/BEAD/OPP, 

Environmental Science Center, 701 

Mapes Rd., Ft. George G. Meade, MD 

20755–5350; telephone number: (410) 

305–2905; email address: residue

methods@epa.gov. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint 

United Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

and it is recognized as an international 

food safety standards-setting 

organization in trade agreements to 

which the United States is a party. EPA 

may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level. 

The Codex has not established 

maximum residue limits (MRLs) for 

oxathiapiprolin. 

C. Revisions to Petitioned-For 

Tolerances 

A tolerance is established for ‘‘Cacao 

bean, dried bean’’, rather than ‘‘Cacao 

bean, bean’’, to comply with current 

Agency crop-naming policy. Also, EPA 

determined that tolerances for residues 

of oxathiapiprolin in or on the 

processed commodities of cacao bean, 

roasted bean; cacao bean, chocolate; and 

cacao bean, cocoa powder are 

unnecessary because these commodities 

are covered by cacao bean, dried bean 

tolerance. Finally, the tolerance for 

cacao bean, dried bean is being 

established at 0.15 ppm, rather than at 

0.1 ppm as requested, based on the 

available residue data. 

V. Conclusion 

Therefore, a tolerance is established 

for residues of the fungicide 

oxathiapiprolin, 1-[4-[4-[5-(2,6- 

difluorophenyl)-4,5-dihydro-3- 

isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2- 

[5-methyl-3-(trifluoromethyl)-1Hpyrazol-1-yl]-ethanone, in or on cacao 

bean, dried bean at 0.15 ppm. 

VI. Statutory and Executive Order 

Reviews 

This action establishes a tolerance 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 


asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Rules and Regulations 44945 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: August 29, 2017. 

Michael L. Goodis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.685, redesignate paragraph 

(a)(1) as paragraph (a) and add 

alphabetically the following commodity 

‘‘Cacao bean, dried bean’’ to the table in 

paragraph (a) in alphabetical order to 

read as follows: 

§ 180.685 Oxathiapiprolin; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Cacao bean, dried bean ............. 0.15 

* * * * * 

* * * * * 

[FR Doc. 2017–20747 Filed 9–26–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2017–0085] 

RIN 2127–AL68 

Federal Motor Vehicle Safety 

Standards; Electric-Powered Vehicles: 

Electrolyte Spillage and Electrical 

Shock Protection 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: NHTSA is issuing this final 

rule to amend Federal Motor Vehicle 

Safety Standard (FMVSS) No. 305, 

‘‘Electric-powered vehicles: Electrolyte 

spillage and electrical shock 

protection,’’ to adopt various electrical 

safety requirements found in Global 

Technical Regulation (GTR) No. 13, 

‘‘Hydrogen and fuel cell vehicles,’’ and 

other sources. This final rule updates 

FMVSS No. 305 using modern and 

harmonized safety requirements and 

facilitates the introduction of new 

technologies, including hydrogen fuel 

cell vehicles (HFCVs) and 48-volt mild 

hybrid technologies. This final rule is a 

deregulatory action. It imposes no costs 

and adjusts FMVSS No. 305 to give 

more flexibility to manufacturers not 

only to use modern electrical safety 

designs to produce electric vehicles, but 

also to introduce new technologies to 

the U.S. market. To expand FMVSS No. 

305’s performance requirements beyond 

post-crash conditions, NHTSA adopts 

electrical safety requirements to protect 

against direct and indirect contact of 

high voltage sources during everyday 

operation of electric-powered vehicles. 

Also, NHTSA adopts an optional 

method of meeting post-crash electrical 

safety requirements, consistent with that 

in GTR No. 13, involving use of physical 

barriers to prevent direct or indirect 

contact (by occupants, emergency 

services personnel and others) with high 

voltage sources. 

DATES:

Effective date: This final rule is 

effective September 27, 2017. 

Compliance date: The compliance 

date for the amendments in this final 

rule is September 27, 2018. Optional 

early compliance is permitted. 

Petitions for reconsideration: Petitions 

for reconsideration of this final rule 

must be received not later than 

November 13, 2017. 

ADDRESSES: Petitions for reconsideration 

of this final rule must refer to the docket 

and notice number set forth above and 

be submitted to the Administrator, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

Note that all petitions received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. 

Privacy Act: Please see the Privacy 

Act heading under Rulemaking 

Analyses and Notices. 

FOR FURTHER INFORMATION CONTACT: For 

technical issues, you may call William 

J. Sa ́nchez, Office of Crashworthiness 

Standards (telephone: 202–493–0248) 

(fax: 202–493–2990). For legal issues, 

you may call Deirdre Fujita, Office of 

Chief Counsel (telephone: 202–366– 

2992) (fax: 202–366–3820). Address: 

National Highway Traffic Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., West Building, 

Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Executive Summary 

a. Overview 

b. Summary of the Final Rule and 

Highlighted Differences With the NPRM 

1. Every Day (Normal) Vehicle Operations 

i. Direct Contact Protection From High 

Voltage Sources 

ii. Indirect Contact Protection From High 

Voltage Sources 

iii. Electrical Isolation of High Voltage 

Sources 

iv. Monitoring Systems 

v. Electrical Safety During Charging 

vi. Mitigating Driver Error 

2. Post-Crash Safety 


asabaliauskas on DSKBBXCHB2PROD with RULES