[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Proposed Rules]
[Pages 48359-48360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12333]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2024-0006]
RIN 2127-AM40


Federal Motor Vehicle Safety Standards; Fuel System Integrity of 
Hydrogen Vehicles, Compressed Hydrogen Storage System Integrity, 
Incorporation by Reference

AGENCY: National Highway Traffic Safety Administration (NHTSA); 
Department of Transportation (DOT).

ACTION: Proposed rule; extension of comment period.

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SUMMARY:  NHTSA received requests to extend the comment period for the 
Notice of Proposed Rulemaking (NPRM) regarding fuel system integrity of 
hydrogen vehicles and compressed hydrogen storage system integrity that 
NHTSA published on April 17, 2024. The comment period for the NPRM was 
scheduled to end on June 17, 2024. NHTSA is extending the comment 
period for the NPRM by 30 days.

DATES: The comment period for the NPRM published on April 17, 2024, at 
89 FR 27502, is extended to July 17, 2024.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: 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 or Courier: 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: All submissions must include the agency name and 
docket number. Note that all comments received will be posted without 
change to http://www.regulations.gov, including any personal 
information provided. Please see the Privacy Act discussion below. We 
will consider all comments received before the close of business on the 
comment closing date indicated above. To the extent possible, we will 
also consider comments filed after the closing date.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov at any time or to 
1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays. Telephone: 202-366-9826.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its decision-making process. 
DOT posts these comments, without edit, including any personal 
information the commenter provides, to www.regulations.gov, as 
described in the system of records notice (DOT/ALL-14 FDMS), which can 
be reviewed at www.transportation.gov/privacy. In order to facilitate 
comment tracking and response, we encourage commenters to provide their 
name, or the name of their organization; however, submission of names 
is completely optional. Whether or not commenters identify themselves, 
all timely comments will be fully considered.
    Confidential Business Information: If you wish to submit any 
information under a claim of confidentiality, you must submit your 
request directly to NHTSA's Office of the Chief Counsel. Requests for 
confidentiality are governed by 49 CFR part 512. NHTSA is currently 
treating electronic submission as an acceptable method for submitting 
confidential business information to the agency under part 512. If you 
would like to submit a request for confidential treatment, you may 
email your submission to Dan Rabinovitz in the Office of the Chief 
Counsel at [email protected] or you may contact him for a 
secure file transfer link. At this time, you should not send a 
duplicate hardcopy of your electronic CBI submissions to DOT 
headquarters. If you claim that any of the information or documents 
provided to the agency constitute confidential business information 
within the meaning of 5 U.S.C. 552(b)(4), or are protected from 
disclosure pursuant to 18 U.S.C. 1905, you must submit supporting 
information together with the materials that are the subject of the 
confidentiality request, in accordance with part 512, to the Office of 
the Chief Counsel. Your request must include a cover letter setting 
forth the information specified in our confidential business 
information regulation (49 CFR 512.8) and a certificate, pursuant to 
Sec.  512.4(b) and part 512, Appendix A. In addition, you should submit 
a copy, from which you have deleted the claimed confidential business 
information, to the Docket at the address given above.

FOR FURTHER INFORMATION CONTACT: 
    For technical issues: Ian MacIntire, National Highway Traffic 
Safety Administration, 1200 New Jersey Avenue SE, West Building, 
Washington, DC 20590 (telephone) 202-493-0248, (email) 
[email protected].
    For legal issues: Paul Connet, Office of the Chief Counsel, 
National Highway Traffic Safety Administration, 1200 New Jersey Avenue 
SE, West Building, Washington, DC 20590, (telephone) 202-366-5547, 
(email) [email protected].

SUPPLEMENTARY INFORMATION: On April 17, 2024, NHTSA published an NPRM 
proposing to establish two new Federal motor vehicle safety standards 
(FMVSSs) that would specify performance requirements for all motor 
vehicles that use hydrogen as a fuel

[[Page 48360]]

source. The proposed standards are based on Global Technical Regulation 
(GTR) No. 13, Hydrogen and fuel cell vehicles. FMVSS No. 307, ``Fuel 
system integrity of hydrogen vehicles,'' would specify requirements for 
the integrity of the fuel system in hydrogen vehicles during normal 
vehicle operations and after crashes. FMVSS No. 308, ``Compressed 
hydrogen storage system integrity,'' would specify requirements for the 
compressed hydrogen storage system to ensure the safe storage of 
hydrogen onboard vehicles. The two proposed standards would reduce 
deaths and injuries that could occur as a result of fires due to 
hydrogen fuel leakages and/or explosion of the hydrogen storage system. 
The comment period for the NPRM was scheduled to end on June 17, 2024.

Comment Period Extension Requests

    On May 15, 2024, NHTSA received a request from the Alliance for 
Automotive Innovation to extend the comment period for the NPRM. The 
request stated that the current 60-day period does not allow adequate 
time for a thorough review and comprehensive comments due to the 
complexity of the proposed standards and the substantial amount of 
feedback requested by NHTSA. The request stated that several of the 
issues are highly complex and require careful consideration, 
particularly where there are differences in NHTSA's approach as 
compared to GTR No. 13. The Alliance stated that responding to these 
queries may require detailed analysis and collaboration among 
stakeholders. Therefore, they requested a 30-day extension of the 
comment period in order to provide more detailed comments to inform the 
rulemaking process.
    On May 24, 2024, NHTSA received a second request for a 30-day 
extension of the comment period from OP Mobility. OP Mobility stated 
that the additional time is needed to conduct a proper analysis and 
confirm that the proposal will ensure safety, align with global norms, 
and allow for efficient development and innovation. They also stated 
that they are digging into the details of the proposal and working with 
others in the industry to harmonize the comments.
    On May 28, 2024, NHTSA received two additional extension requests. 
One was from the Motor & Equipment Manufacturers Association (MEMA) 
requesting a 30-day extension to the comment period to enable them to 
develop more useful and actionable comments. The other request was from 
FORVIA North America. FORVIA North America described their experience 
and expertise in the hydrogen industry, as a developer of hydrogen 
containers for automotive applications. FORVIA also requested a 30-day 
extension to the comment period, stating that such an extension would 
provide sufficient time to extensively analyze the proposal and draft 
comprehensive comments. They stated they are comparing the proposals in 
the NPRM to GTR No. 13 and to the Economic Commission for Europe's 
standard R134 ``Uniform provisions concerning the approval of motor 
vehicles and their components with regard to the safety-related 
performance of hydrogen fuelled vehicles (HFCV)''

Agency Decision

    Pursuant to 49 CFR 553.19 and after thorough consideration of these 
requests, NHTSA has determined that the requestors have provided 
sufficient justification for an extension, and that the extension is 
consistent with the public interest. NHTSA acknowledges the importance 
of receiving thorough comments to improve the standards' objectivity, 
efficiency, and effectiveness. NHTSA agrees that allowing additional 
time for the public and its stakeholders to provide robust and 
substantive comments on these complex issues will better inform NHTSA. 
A 30-day extension appropriately balances NHTSA's interest in providing 
the public with sufficient time to review the docket and comment on the 
complex questions raised in the NPRM with its interest in obtaining 
specific feedback from stakeholders in a timely manner. The extension 
will also provide additional time for commenters to review the 
supplementary information that is available in the docket of the NPRM. 
Accordingly, NHTSA is granting the aforementioned requests and 
extending the comment period by 30 days.

    Authority:  49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.95 and 501.8.

Raymond R. Posten,
Associate Administrator, Rulemaking.
[FR Doc. 2024-12333 Filed 6-5-24; 8:45 am]
BILLING CODE 4910-59-P