Mazda North American Operations, Grant of Petition for Decision of Inconsequential Noncompliance, 37880-37881 [2013-14909]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 37880 Federal Register / Vol. 78, No. 121 / Monday, June 24, 2013 / Notices Longitude 73°23′51.92″ W. The Port components would fall in the following U.S. Outer Continental Shelf (OCS) lease blocks: Buoy 1 (6708, 6709, 6758); Buoy 2 (6709); Lateral 1 (6708); Lateral 2 (6708, 6709); ‘‘Y’’ Assembly (6708); Mainline Pipeline (6708, 6658, 6657, 6607, 6606, 6556, 6555, 6554, 6504 and 6503). The 145,000 cubic meter LNGRVs would have onboard closed-loop vaporization and metering and odorant capability. Each vessel will have three vaporization units capable of maximum send-out of 750 million standard cubic feet per day (MMscfd) (maximum pipeline system flow rate is 660 MMscfd with two buoys) with annual average expected to be 400 MMscfd. The LNGRVs have been designed to utilize a ballast water cooling system that will entirely re-circulate onboard the vessel during Port operations, eliminating vessel discharges associated with regasification while at the Port. Deliveries through Port Ambrose would be focused during peak demand winter and summer months and it is anticipated that approximately 45 deliveries will occur each year. As proposed, the LNGRVs would access the port inbound from the Hudson Canyon to Ambrose Traffic Lane and depart via the Ambrose to Nantucket Traffic Lane. MarAd and USCG are aware that Port Ambrose falls within the proposed area of interest for the Long Island—New York City Offshore Wind Collaborative wind energy project. This project will be acknowledged and considered in the processing of the Port Ambrose application and National Environmental Policy Act (NEPA) analysis. If approved, the majority of the port and pipeline construction and installation would occur in 2015, with commissioning in December 2015. In addition, pipelines and structures such as the STL Buoy moorings may require permits under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act which are administered by the Army Corps of Engineers (USACE). Port Ambrose may also require permits from the Environmental Protection Agency (EPA) pursuant to the provisions of the Clean Air Act, as amended, and the Clean Water Act, as amended. The new pipeline will be included in the NEPA review as part of the deepwater port application process. The EPA and the USACE among others, are cooperating agencies and will assist in the NEPA process as described in 40 CFR 1501.6; may participate in the scoping meetings; and will incorporate VerDate Mar<15>2010 18:13 Jun 21, 2013 Jkt 229001 the EIS into their permitting processes. Comments sent to the EPA or USACE will also be incorporated into the DOT docket and EIS to ensure consistency with the NEPA Process. Should a license be issued, the deepwater port would be designed, fabricated, constructed, commissioned, maintained, inspected, and operated in accordance with applicable codes and standards and with USCG oversight as regulated under Title 33, Code of Federal Regulations (CFR), subchapter NN-Deepwater Ports, parts 148, 149, and 150. This also includes waterways management and regulated navigation areas, maritime safety and security requirements, risk assessment, and compliance with domestic and international laws and regulations for vessels that may call on the port. Privacy Act The electronic form of all comments received into the FDMS 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 by visiting http://www.regulations.gov. (Authority 49 CFR 1.93) Dated: June 19, 2013. By Order of the Maritime Administrator. Julie P. Agarwal, Secretary, Maritime Administration. [FR Doc. 2013–15008 Filed 6–21–13; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2012–0117; Notice 2] Mazda North American Operations, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Grant of Petition. AGENCY: SUMMARY: Mazda North American Operations (MNAO),1 on behalf of Mazda Motor Corporation of Hiroshima, Japan (Mazda),2 has determined that certain Mazda brand motor vehicles manufactured between 2000 and 2012 1 Mazda North American Operations is a U.S. company that manufacturers and imports motor vehicles. 2 Mazda Motor Corporation is a Japanese company that manufacturers motor vehicles. PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 for sale or lease in Puerto Rico, do not fully comply with paragraph S4.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 225, Child Restraint Anchorage Systems. MNAO has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports, dated June 21, 2012. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR Part 556, MNAO 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 MNAO’s petition was published, with a 30-day public comment period, on September 28, 2012 in the Federal Register (77 FR 59703). 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–2012– 0117.’’ Contact Information: For further information on this decision contact Mr. Ed Chan, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 493–0335. Vehicles involved: Affected are approximately 60,509 Mazda brand motor vehicles manufactured between 2000 and 2012 for sale or lease in Puerto Rico. Rule Text: Section § 4.1 of FMVSS No. 225 specifically states: § 4.1 Each Tether anchorage and each child restraint anchorage system installed, either voluntarily or pursuant to this standard, in any new vehicle manufactured on or after September 1, 1999, shall comply with the configuration, location, marking and strength requirements of this standard. The vehicle shall be delivered with written information, in English, on how to appropriately use those anchorages and systems. Summary of MNAO’s Analysis: MNAO explains that the noncompliance is that certain Mazda brand motor vehicles sold in Puerto Rico were not delivered with instructions on the use of child restraint tether anchorages written in English. The instructions were only provided in Spanish as part of the Spanish language version of the vehicle owner’s manual provided with the vehicles at first sale. No English version owner’s manuals were provided. MNAO believes that while the noncompliant motor vehicles were delivered to Puerto Rico with owner’s manuals written only in the Spanish language and did not include a written E:\FR\FM\24JNN1.SGM 24JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 121 / Monday, June 24, 2013 / Notices version in the English language as required by FMVSS No. 225, it is inconsequential as it relates to motor vehicle safety for the following reasons: 1. All affected owner’s manuals contain accurate Spanish translations of the information. 2. In Puerto Rico, Spanish is the universally prevalent language. According to a U.S. Census done by the Census Bureau in 2010, 95.7% of the Puerto Rico’s population speaks Spanish as their primary language. 3. NHTSA also has a long history of encouraging the dissemination of product information in languages that are useful for the vehicle owners. (See example http://isearch.nhtsa.gov/files/ 8047.html) 4. English Owner’s manuals for Mazda motor vehicles manufactured on or after 2002 can be downloaded from MNAO’s Web site or upon request through MNAO dealerships and is available for customers in Puerto Rico free of charge. 5. MNAO has not received any complaints or claims in Puerto Rico with regards to the language of the owner’s manuals. MNAO has additionally informed NHTSA that it has corrected future production and that all other motor vehicle owner’s manuals are correct. NHTSA Decision: NHTSA agrees with Mazda that the noncompliance is inconsequential to motor vehicle safety. MNAO has provided sufficient documentation that the language in the Owner’s Manual is the primary language for Puerto Rico and does not present a safety risk. In consideration of the foregoing, NHTSA has determined that MNAO has met its burden of persuasion that the subject FMVSS No. 225 noncompliance in the vehicles identified in MNAO’s Noncompliance Information Report is inconsequential to motor vehicle safety. Accordingly, MNAO’s petition is hereby granted and MNAO is exempted from the obligation of providing notification of, and a remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, this decision only applies to approximately 60,509 vehicles that MNAO no longer controlled at the time that it determined VerDate Mar<15>2010 18:13 Jun 21, 2013 Jkt 229001 that a noncompliance existed in the subject vehicles. However, the granting of this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after MNAO notified them that the subject noncompliance existed. Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8. Issued on: June 18, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–14909 Filed 6–21–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2012–0118; Notice 2] Mazda North American Operations, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Grant of Petition. AGENCY: SUMMARY: Mazda North American Operations (MNAO),1 on behalf of Mazda Motor Corporation of Hiroshima, Japan (Mazda),2 has determined that certain Mazda brand motor vehicles manufactured between 2007 and 2012 for sale or lease in Puerto Rico, do not fully comply with paragraph S4.5 of Federal Motor Vehicle Safety Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. MNAO has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports, dated June 21, 2012. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, MNAO 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 October 24, 2012 in the Federal Register (77 FR 65051). No comments were received. To view the petition and all supporting documents 1 Mazda North American Operations is a U.S. company that manufactures and imports motor vehicles. 2 Mazda Motor Corporation is a Japanese company that manufactures motor vehicles. PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 37881 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–2012– 0118.’’ Contact Information: For further information on this decision contact Mr. Harry Thompson, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202)366–5289, facsimile (202) 366–5930. Vehicles Involved: Affected are approximately 16,748 Mazda brand motor vehicles manufactured between 2007 and 2012 for sale or lease in Puerto Rico* * * Rule Text: Section S4.5 of FMVSS No. 138 specifically states: S4.5 Written instructions. (a) Beginning on September 1, 2006, the owner’s manual in each vehicle certified as complying with S4.5 must provide an image of the Low Tire Pressure Telltale symbol (and an image of the TPMS Malfunction Telltale warning (‘‘TPMS’’), if a dedicated telltale is utilized for this function)with the following statement in English: Each tire, including the spare (if provided), should be checked monthly when cold and inflated to the inflation pressure recommended by the vehicle manufacturer on the vehicle placard or tire inflation pressure label. (If your vehicle has tires of a different size than the size indicated on the vehicle placard or tire inflation pressure label, you should determine the proper tire inflation pressure for those tires.) As an added safety feature, your vehicle has been equipped with a tire pressure monitoring system (TPMS) that illuminates a low tire pressure telltale when one or more of your tires is significantly under-inflated. Accordingly, when the low tire pressure telltale illuminates, you should stop and check your tires as soon as possible, and inflate them to the proper pressure. Driving on a significantly under-inflated tire causes the tire to overheat and can lead to tire failure. Under-inflation also reduces fuel efficiency and tire tread life, and may affect the vehicle’s handling and stopping ability... Summary of MNAO’s Analyses: MNAO explains that the noncompliance is that certain Mazda brand motor vehicles sold in Puerto Rico were not delivered with the instruction statements required by paragraph S4.5(a) of FMVSS No 138 written in English. The instructions were provided in Spanish as part of the Spanish language version of the vehicle owner’s manual provided with the vehicles at first sale; however, no English version owner’s manuals were provided. MNAO stated its belief that while the subject motor vehicles were delivered to customers in Puerto Rico with owner’s manuals that did not include the statement as required by paragraph E:\FR\FM\24JNN1.SGM 24JNN1

Agencies

[Federal Register Volume 78, Number 121 (Monday, June 24, 2013)]
[Notices]
[Pages 37880-37881]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14909]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0117; Notice 2]


Mazda North American Operations, Grant of Petition for Decision 
of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Grant of Petition.

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SUMMARY: Mazda North American Operations (MNAO),\1\ on behalf of Mazda 
Motor Corporation of Hiroshima, Japan (Mazda),\2\ has determined that 
certain Mazda brand motor vehicles manufactured between 2000 and 2012 
for sale or lease in Puerto Rico, do not fully comply with paragraph 
S4.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 225, Child 
Restraint Anchorage Systems. MNAO has filed an appropriate report 
pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility 
and Reports, dated June 21, 2012.
---------------------------------------------------------------------------

    \1\ Mazda North American Operations is a U.S. company that 
manufacturers and imports motor vehicles.
    \2\ Mazda Motor Corporation is a Japanese company that 
manufacturers motor vehicles.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR Part 556, MNAO 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 MNAO's petition was published, with a 30-day 
public comment period, on September 28, 2012 in the Federal Register 
(77 FR 59703). 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-2012-0117.''
    Contact Information: For further information on this decision 
contact Mr. Ed Chan, Office of Vehicle Safety Compliance, the National 
Highway Traffic Safety Administration (NHTSA), telephone (202) 493-
0335.
    Vehicles involved: Affected are approximately 60,509 Mazda brand 
motor vehicles manufactured between 2000 and 2012 for sale or lease in 
Puerto Rico.
    Rule Text: Section Sec.  4.1 of FMVSS No. 225 specifically states:

Sec.  4.1 Each Tether anchorage and each child restraint anchorage 
system installed, either voluntarily or pursuant to this standard, 
in any new vehicle manufactured on or after September 1, 1999, shall 
comply with the configuration, location, marking and strength 
requirements of this standard. The vehicle shall be delivered with 
written information, in English, on how to appropriately use those 
anchorages and systems.

    Summary of MNAO's Analysis: MNAO explains that the noncompliance is 
that certain Mazda brand motor vehicles sold in Puerto Rico were not 
delivered with instructions on the use of child restraint tether 
anchorages written in English. The instructions were only provided in 
Spanish as part of the Spanish language version of the vehicle owner's 
manual provided with the vehicles at first sale. No English version 
owner's manuals were provided.
    MNAO believes that while the noncompliant motor vehicles were 
delivered to Puerto Rico with owner's manuals written only in the 
Spanish language and did not include a written

[[Page 37881]]

version in the English language as required by FMVSS No. 225, it is 
inconsequential as it relates to motor vehicle safety for the following 
reasons:
    1. All affected owner's manuals contain accurate Spanish 
translations of the information.
    2. In Puerto Rico, Spanish is the universally prevalent language. 
According to a U.S. Census done by the Census Bureau in 2010, 95.7% of 
the Puerto Rico's population speaks Spanish as their primary language.
    3. NHTSA also has a long history of encouraging the dissemination 
of product information in languages that are useful for the vehicle 
owners. (See example http://isearch.nhtsa.gov/files/8047.html)
    4. English Owner's manuals for Mazda motor vehicles manufactured on 
or after 2002 can be downloaded from MNAO's Web site or upon request 
through MNAO dealerships and is available for customers in Puerto Rico 
free of charge.
    5. MNAO has not received any complaints or claims in Puerto Rico 
with regards to the language of the owner's manuals.
    MNAO has additionally informed NHTSA that it has corrected future 
production and that all other motor vehicle owner's manuals are 
correct.
    NHTSA Decision: NHTSA agrees with Mazda that the noncompliance is 
inconsequential to motor vehicle safety. MNAO has provided sufficient 
documentation that the language in the Owner's Manual is the primary 
language for Puerto Rico and does not present a safety risk.
    In consideration of the foregoing, NHTSA has determined that MNAO 
has met its burden of persuasion that the subject FMVSS No. 225 
noncompliance in the vehicles identified in MNAO's Noncompliance 
Information Report is inconsequential to motor vehicle safety. 
Accordingly, MNAO's petition is hereby granted and MNAO is exempted 
from the obligation of providing notification of, and a remedy for, 
that noncompliance under 49 U.S.C. 30118 and 30120.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, this decision 
only applies to approximately 60,509 vehicles that MNAO no longer 
controlled at the time that it determined that a noncompliance existed 
in the subject vehicles. However, the granting of this petition does 
not relieve vehicle distributors and dealers of the prohibitions on the 
sale, offer for sale, or introduction or delivery for introduction into 
interstate commerce of the noncompliant vehicles under their control 
after MNAO notified them that the subject noncompliance existed.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8.

    Issued on: June 18, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-14909 Filed 6-21-13; 8:45 am]
BILLING CODE 4910-59-P