Nissan North America, Inc.; Grant of Petition for Decision of Inconsequential Noncompliance, 40911-40912 [E8-16179]

Download as PDF Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Notices (bcsfd) and a peak delivery capacity of 1.9 bcsfd. Existing onshore delivery systems would be utilized and no new construction of onshore pipelines or LNG storage facilities are included as part of the proposed deepwater port. Existing shore based infrastructure will be used to facilitate movement of personnel, equipment, supplies, and disposable materials between the deepwater port and shore. Construction of the deepwater port would be expected to take three (3) years should a license be issued. The deepwater port, if licensed, would be designed, constructed and operated in accordance with applicable codes and standards and would have an expected operating life of approximately 25 years. Privacy Act The electronic form of all comments received into the Federal Docket Management System can be searched by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). The DOT Privacy Act Statement can be viewed in the Federal Register published on April 11, 2000 (Volume 65, Number 70, pages 19477–78) or you may visit http:// www.regulations.gov. Authority: 49 CFR 1.66. By Order of the Maritime Administrator. Dated: July 9, 2008. Christine Gurland, Acting Secretary, Maritime Administration. [FR Doc. E8–16259 Filed 7–15–08; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2008–0018; Notice 2] mstockstill on PROD1PC66 with NOTICES Nissan North America, Inc.; Grant of Petition for Decision of Inconsequential Noncompliance Nissan North America, Inc. (Nissan), has determined that certain vehicles that it manufactured during the period of April 5, 2007 to July 25, 2007, did not fully comply with paragraph S4.3(b) of 49 CFR 571.110 (Federal Motor Vehicle Safety Standards (FMVSS) No. 110 Tire Selection and Rims for Motor Vehicles With a GVWR of 4,536 Kilograms (10,000 Pounds) or Less). On November 6, 2007, Nissan filed an appropriate report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports identifying approximately 321 model year 2008 VerDate Aug<31>2005 17:00 Jul 15, 2008 Jkt 214001 Nissan Titan E-grade trucks manufactured from April 5 to July 25, 2007, that do not comply with the paragraphs of FMVSS No. 110 cited above. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, Nissan has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. Notice of receipt of the petition was published, with a 30-day public comment period, on February 6, 2008 in the Federal Register (73 FR 7031). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2008– 0018.’’ For further information on this decision, contact Mr. John Finneran, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–0645, facsimile (202) 366– 7097. Paragraph S4.3(b) of 49 CFR 571.110 requires in pertinent part that: S4.3 Placard. Each vehicle * * * shall show the information specified in S4.3 (a) through (g) * * * on a placard permanently affixed to the driver’s side B-pillar * * * (b) Designated seated capacity (expressed in terms of total number of occupants and number of occupants for each front and rear seat location) Nissan described the noncompliance as an incorrect total vehicle seating capacity being shown on the tire information placards affixed to the subject vehicles. Specifically, the subject placards incorrectly show the total vehicle seating capacity as six, with three seating positions in the front row, and three seating positions in the second row. Nissan explained that the subject Egrade Titan trucks are equipped with optional two front bucket seats. This configuration makes available two seats in the front row and three in the back row for a total of five seating positions. Nissan stated its belief that the space between the two front bucket seats is occupied by a hard plastic console with cup holders that cannot be used or mistaken for a seating position. Nissan further supported its belief that the noncompliance is inconsequential to motor vehicle safety for the following reasons: PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 40911 1. The front center console area of this vehicle cannot be mistaken for a seating position because the center console is low to the floor, has molded-in cup holders, has no padded/cushioned area, and has no provisions for seatbelts. It is apparent to any observer that there are only two front seating positions. Even if an occupant referenced the tire information placard to determine the vehicle’s front seating capacity, it is readily apparent that the total capacity is five and not six and front row capacity is two and not three. 2. Because the subject vehicle cannot be occupied by more than five people, there is no risk of vehicle overloading. 3. The vehicle capacity weight (expressed as a total weight for passengers and cargo) on the placard is correct. The seating capacity error has no impact on the vehicle capacity weight. 4. All other applicable requirements of FMVSS No. 110 have been met. Nissan also states that there have been no customer complaints, injuries, or accidents related to the incorrect seating capacity of the subject tire information placard. Additionally, Nissan stated that it believes that because the noncompliance is inconsequential to motor vehicle safety that no corrective action is warranted. After receipt of the petition, Nissan also informed NHTSA that it has corrected the problem that caused these errors so that they will not be repeated in future production. NHTSA Decision NHTSA agrees with Nissan that the noncompliance is inconsequential to motor vehicle safety. As Nissan states, because the vehicles have a center console mounted between the front two seating positions and no provisions to accommodate restraint for a center occupant, it is obvious that the front row seating capacity is two and not three. Therefore, overloading the vehicles is unlikely because the space between the front row bucket seats is clearly not intended to be a seating position. As Nissan additionally points out, the other information on the tire information placard is correct. In consideration of the foregoing, NHTSA has decided that Nissan has met its burden of persuasion that the labeling noncompliances described are inconsequential to motor vehicle safety. Accordingly, Nissan’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliances under 49 U.S.C. 30118 and 30120. E:\FR\FM\16JYN1.SGM 16JYN1 40912 Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Notices Authority: 49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: July 10, 2008. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E8–16179 Filed 7–15–08; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Supplemental Identification Information of Two Entities Designated Pursuant to Executive Order 13224 Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: SUMMARY: The Treasury Department’s Office of Foreign Assets Control (‘‘OFAC’’) is publishing supplemental identification information for the names of two entities whose property and interests in property are blocked pursuant to Executive Order 13224 of September 23, 2001, ‘‘Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism.’’ DATES: The publishing of updated information by the Director of OFAC of the two entities identified in this notice, pursuant to Executive Order 13224, is effective on July 2, 2008. FOR FURTHER INFORMATION CONTACT: Assistant Director, Compliance Outreach & Implementation, Office of Foreign Assets Control, Department of the Treasury, Washington, DC 20220, tel.: 202/622–2490. SUPPLEMENTARY INFORMATION: mstockstill on PROD1PC66 with NOTICES Electronic and Facsimile Availability This document and additional information concerning OFAC are available from OFAC’s Web site (http://www.treas.gov/ofac) or via facsimile through a 24-hour fax-ondemand service, tel.: 202/622–0077. Background On September 23, 2001, the President issued Executive Order 13224 (the ‘‘Order’’) pursuant to the International Emergency Economic Powers Act, 50 U.S.C. 1701–1706, and the United Nations Participation Act of 1945, 22 U.S.C. 287c. In the Order, the President declared a national emergency to address grave acts of terrorism and threats of terrorism committed by foreign terrorists, including the September 11, 2001, terrorist attacks in New York, Pennsylvania, and at the Pentagon. The Order imposes economic VerDate Aug<31>2005 17:00 Jul 15, 2008 Jkt 214001 sanctions on persons who have committed, pose a significant risk of committing, or support acts of terrorism. The President identified in the Annex to the Order, as amended by Executive Order 13268 of July 2, 2002, 13 individuals and 16 entities as subject to the economic sanctions. The Order was further amended by Executive Order 13284 of January 23, 2003, to reflect the creation of the Department of Homeland Security. Section 1 of the Order blocks, with certain exceptions, all property and interests in property that are in or hereafter come within the United States or the possession or control of United States persons, of: (1) Foreign persons listed in the Annex to the Order; (2) foreign persons determined by the Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of the Department of Homeland Security and the Attorney General, to have committed, or to pose a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States; (3) persons determined by the Director of OFAC, in consultation with the Departments of State, Homeland Security and Justice, to be owned or controlled by, or to act for or on behalf of those persons listed in the Annex to the Order or those persons determined to be subject to subsection 1(b), 1(c), or 1(d)(i) of the Order; and (4) except as provided in section 5 of the Order and after such consultation, if any, with foreign authorities as the Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of the Department of Homeland Security and the Attorney General, deems appropriate in the exercise of his discretion, persons determined by the Director of OFAC, in consultation with the Departments of State, Homeland Security and Justice, to assist in, sponsor, or provide financial, material, or technological support for, or financial or other services to or in support of, such acts of terrorism or those persons listed in the Annex to the Order or determined to be subject to the Order or to be otherwise associated with those persons listed in the Annex to the Order or those persons determined to be subject to subsection 1(b), 1(c), or 1(d)(i) of the Order. On July 2, 2008, the Director of OFAC, in consultation with the Departments of State, Homeland Security, Justice and other relevant agencies, supplemented the identification information for two entities whose property and interests in property are blocked pursuant to Executive Order 13224. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 The supplemental identification information for the two entities is as follows: 1. AL RASHID TRUST (a.k.a. AL AMEEN TRUST; a.k.a. AL AMIN TRUST; a.k.a. AL AMIN WELFARE TRUST; a.k.a. AL MADINA TRUST; a.k.a. AL-AMEEN TRUST; a.k.a. ALMADINA TRUST). 2. AL-AKHTAR TRUST INTERNATIONAL (a.k.a AZMAT PAKISTAN TRUST; a.k.a. AZMAT-EPAKISTAN TRUST; a.k.a. PAKISTAN RELIEF FOUNDATION; a.k.a. PAKISTANI RELIEF FOUNDATION). Dated: July 8, 2008. Adam J. Szubin, Director, Office of Foreign Assets Control. [FR Doc. E8–16338 Filed 7–15–08; 8:45 am] BILLING CODE 4811–45–P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900–0620] Proposed Information Collection (Payment and Reimbursement for Emergency Services for Non ServiceConnected Conditions in Non-VA Facilities); Comment Request Veterans Health Administration, Department of Veterans Affairs. ACTION: Notice. AGENCY: SUMMARY: The Veterans Health Administration (VHA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments for information needed to determine a claimant’s eligibility for reimbursement or payment for emergency medical treatment at a non-VA facility. DATES: Written comments and recommendations on the proposed collection of information should be received on or before September 15, 2008. Submit written comments on the collection of information through www.Regulations.gov; or to Mary Stout, Veterans Health Administration (193E1), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420 or e-mail: ADDRESSES: E:\FR\FM\16JYN1.SGM 16JYN1

Agencies

[Federal Register Volume 73, Number 137 (Wednesday, July 16, 2008)]
[Notices]
[Pages 40911-40912]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16179]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0018; Notice 2]


Nissan North America, Inc.; Grant of Petition for Decision of 
Inconsequential Noncompliance

    Nissan North America, Inc. (Nissan), has determined that certain 
vehicles that it manufactured during the period of April 5, 2007 to 
July 25, 2007, did not fully comply with paragraph S4.3(b) of 49 CFR 
571.110 (Federal Motor Vehicle Safety Standards (FMVSS) No. 110 Tire 
Selection and Rims for Motor Vehicles With a GVWR of 4,536 Kilograms 
(10,000 Pounds) or Less). On November 6, 2007, Nissan filed an 
appropriate report pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports identifying approximately 321 
model year 2008 Nissan Titan E-grade trucks manufactured from April 5 
to July 25, 2007, that do not comply with the paragraphs of FMVSS No. 
110 cited above.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR part 556, Nissan has petitioned 
for an exemption from the notification and remedy requirements of 49 
U.S.C. chapter 301 on the basis that this noncompliance is 
inconsequential to motor vehicle safety. Notice of receipt of the 
petition was published, with a 30-day public comment period, on 
February 6, 2008 in the Federal Register (73 FR 7031). No comments were 
received. To view the petition and all supporting documents log onto 
the Federal Docket Management System (FDMS) Web site at: http://
www.regulations.gov/. Then follow the online search instructions to 
locate docket number ``NHTSA-2008-0018.''
    For further information on this decision, contact Mr. John 
Finneran, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-0645, 
facsimile (202) 366-7097.
    Paragraph S4.3(b) of 49 CFR 571.110 requires in pertinent part 
that:

    S4.3 Placard. Each vehicle * * * shall show the information 
specified in S4.3 (a) through (g) * * * on a placard permanently 
affixed to the driver's side B-pillar * * *
    (b) Designated seated capacity (expressed in terms of total 
number of occupants and number of occupants for each front and rear 
seat location)

    Nissan described the noncompliance as an incorrect total vehicle 
seating capacity being shown on the tire information placards affixed 
to the subject vehicles.
    Specifically, the subject placards incorrectly show the total 
vehicle seating capacity as six, with three seating positions in the 
front row, and three seating positions in the second row.
    Nissan explained that the subject E-grade Titan trucks are equipped 
with optional two front bucket seats. This configuration makes 
available two seats in the front row and three in the back row for a 
total of five seating positions.
    Nissan stated its belief that the space between the two front 
bucket seats is occupied by a hard plastic console with cup holders 
that cannot be used or mistaken for a seating position.
    Nissan further supported its belief that the noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    1. The front center console area of this vehicle cannot be mistaken 
for a seating position because the center console is low to the floor, 
has molded-in cup holders, has no padded/cushioned area, and has no 
provisions for seatbelts. It is apparent to any observer that there are 
only two front seating positions. Even if an occupant referenced the 
tire information placard to determine the vehicle's front seating 
capacity, it is readily apparent that the total capacity is five and 
not six and front row capacity is two and not three.
    2. Because the subject vehicle cannot be occupied by more than five 
people, there is no risk of vehicle overloading.
    3. The vehicle capacity weight (expressed as a total weight for 
passengers and cargo) on the placard is correct. The seating capacity 
error has no impact on the vehicle capacity weight.
    4. All other applicable requirements of FMVSS No. 110 have been 
met.
    Nissan also states that there have been no customer complaints, 
injuries, or accidents related to the incorrect seating capacity of the 
subject tire information placard.
    Additionally, Nissan stated that it believes that because the 
noncompliance is inconsequential to motor vehicle safety that no 
corrective action is warranted.
    After receipt of the petition, Nissan also informed NHTSA that it 
has corrected the problem that caused these errors so that they will 
not be repeated in future production.

NHTSA Decision

    NHTSA agrees with Nissan that the noncompliance is inconsequential 
to motor vehicle safety. As Nissan states, because the vehicles have a 
center console mounted between the front two seating positions and no 
provisions to accommodate restraint for a center occupant, it is 
obvious that the front row seating capacity is two and not three. 
Therefore, overloading the vehicles is unlikely because the space 
between the front row bucket seats is clearly not intended to be a 
seating position. As Nissan additionally points out, the other 
information on the tire information placard is correct.
    In consideration of the foregoing, NHTSA has decided that Nissan 
has met its burden of persuasion that the labeling noncompliances 
described are inconsequential to motor vehicle safety. Accordingly, 
Nissan's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliances under 49 U.S.C. 30118 and 30120.


[[Page 40912]]


    Authority: 49 U.S.C. 30118, 30120; delegations of authority at 
49 CFR 1.50 and 501.8.

    Issued on: July 10, 2008.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E8-16179 Filed 7-15-08; 8:45 am]
BILLING CODE 4910-59-P