Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PATTY T; Invitation for Public Comments, 64878-64879 [2014-25954]
Download as PDF
64878
Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2014 0139]
Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
SOUTHERN ACCENT; Invitation for
Public Comments
Maritime Administration,
Department of Transportation.
ACTION: Notice.
AGENCY:
As authorized by 46 U.S.C.
12121, the Secretary of Transportation,
as represented by the Maritime
Administration (MARAD), is authorized
to grant waivers of the U.S.-build
requirement of the coastwise laws under
certain circumstances. A request for
such a waiver has been received by
MARAD. The vessel, and a brief
description of the proposed service, is
listed below.
DATES: Submit comments on or before
December 1, 2014.
ADDRESSES: Comments should refer to
docket number MARAD–2014–0139.
Written comments may be submitted by
hand or by mail to the Docket Clerk,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590. You may also
send comments electronically via the
Internet at https://www.regulations.gov.
All comments will become part of this
docket and will be available for
inspection and copying at the above
address between 10 a.m. and 5 p.m.,
E.T., Monday through Friday, except
federal holidays. An electronic version
of this document and all documents
entered into this docket is available on
the World Wide Web at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Linda Williams, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE., Room W23–453,
Washington, DC 20590. Telephone 202–
366–0903, Email Linda.Williams@
dot.gov.
SUPPLEMENTARY INFORMATION: As
described by the applicant the intended
service of the vessel SOUTHERN
ACCENT is:
Intended Commercial Use of Vessel:
‘‘The vessel will be used for Passenger
Charter and charter fishing trips’’.
Geographic Region: ‘‘Maryland and
Virginia’’.
The complete application is given in
DOT docket MARAD–2014–0139 at
https://www.regulations.gov. Interested
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:51 Oct 30, 2014
Jkt 235001
parties may comment on the effect this
action may have on U.S. vessel builders
or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR Part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the docket number of
this notice and the vessel name in order
for MARAD to properly consider the
comments. Comments should also state
the commenter’s interest in the waiver
application, and address the waiver
criteria given in § 388.4 of MARAD’s
regulations at 46 CFR Part 388.
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 (Volume
65, Number 70; Pages 19477–78).
Dated: October 23, 2014.
By Order of the Maritime Administrator.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2014–25955 Filed 10–30–14; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2014 0133]
Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
PATTY T; Invitation for Public
Comments
Maritime Administration,
Department of Transportation.
ACTION: Notice.
AGENCY:
As authorized by 46 U.S.C.
12121, the Secretary of Transportation,
as represented by the Maritime
Administration (MARAD), is authorized
to grant waivers of the U.S.-build
requirement of the coastwise laws under
certain circumstances. A request for
such a waiver has been received by
MARAD. The vessel, and a brief
description of the proposed service, is
listed below.
DATES: Submit comments on or before
December 1, 2014.
SUMMARY:
PO 00000
Frm 00138
Fmt 4703
Sfmt 4703
Comments should refer to
docket number MARAD–2014–0133.
Written comments may be submitted by
hand or by mail to the Docket Clerk,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590. You may also
send comments electronically via the
Internet at https://www.regulations.gov.
All comments will become part of this
docket and will be available for
inspection and copying at the above
address between 10 a.m. and 5 p.m.,
E.T., Monday through Friday, except
federal holidays. An electronic version
of this document and all documents
entered into this docket is available on
the World Wide Web at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Linda Williams, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE., Room W23–453,
Washington, DC 20590. Telephone 202–
366–0903, Email Linda.Williams@
dot.gov.
SUPPLEMENTARY INFORMATION: As
described by the applicant the intended
service of the vessel PATTY T is:
Intended Commercial Use of Vessel:
‘‘Carrying of charter passengers and
charter fishing passengers’’
Geographic Region: ‘‘New York’’
The complete application is given in
DOT docket MARAD–2014–0133 at
https://www.regulations.gov. Interested
parties may comment on the effect this
action may have on U.S. vessel builders
or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR Part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the docket number of
this notice and the vessel name in order
for MARAD to properly consider the
comments. Comments should also state
the commenter’s interest in the waiver
application, and address the waiver
criteria given in § 388.4 of MARAD’s
regulations at 46 CFR Part 388.
ADDRESSES:
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
E:\FR\FM\31OCN1.SGM
31OCN1
Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78).
Dated: October 23, 2014.
By Order of the Maritime Administrator.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2014–25954 Filed 10–30–14; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2014–0032]
Aston Martin Lagonda Limited; Partial
Grant of Petition for Temporary
Exemption From New Requirements of
Standard No. 214
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
AGENCY:
Notice of partial grant of a
petition for a temporary exemption from
new requirements of Federal Motor
Vehicle Safety Standard (FMVSS) No.
214, Side Impact Protection.
ACTION:
In accordance with the
procedures in 49 CFR Part 555, NHTSA
is partially granting a petition from
Aston Martin Lagonda Limited (Aston
Martin), a small volume manufacturer,
for a temporary exemption from new
side impact protection requirements of
FMVSS No. 214. The agency is granting
the petitioner’s request for a temporary
exemption from the standard’s new pole
test requirements, limited to 670
vehicles. The basis for the grant is that
compliance would cause substantial
economic hardship to a low volume
manufacturer that has tried in good faith
to comply with the standard. In
accordance with NHTSA’s regulations,
prominent labels must be affixed to each
exempted vehicle to warn prospective
purchasers that the vehicle has been
exempted from the pole test
requirements.
However, NHTSA is denying the
petitioner’s separate request for a
temporary exemption from FMVSS No.
214’s moving deformable barrier (MDB)
test requirement. The agency does not
believe that the petitioner has shown a
need for such an exemption.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
This exemption from the pole
test requirements applies to the
following vehicles:
• DB9 coupe model produced from
September 1, 2014 until August 31,
2016;
DATES:
VerDate Sep<11>2014
18:51 Oct 30, 2014
Jkt 235001
• DB9 convertible model produced
from September 1, 2015 until August 31,
2016;
• Vantage coupe model produced
from September 1, 2014 until August 31,
2017; and
• Vantage convertible model
produced from September 1, 2015 until
August 31, 2017.
FOR FURTHER INFORMATION CONTACT:
Deirdre R. Fujita, Office of the Chief
Counsel, NCC–112, National Highway
Traffic Safety Administration, 1200 New
Jersey Avenue SE., West Building,
Washington, DC 20590. Telephone:
(202) 366–2992; Fax: (202) 366–3820.
SUPPLEMENTARY INFORMATION: NHTSA is
granting a request from Aston Martin for
a temporary exemption from FMVSS
No. 214’s new pole test requirements.
The basis for the grant is that
compliance would cause substantial
economic hardship to a low volume
manufacturer that has tried in good faith
to comply with the standard. NHTSA
finds that Aston Martin has made a good
faith effort to meet the pole test
requirements by, inter alia, installing
side air bags in its vehicles substantially
ahead of the date on which it was
required to do so by that standard.
Further, Aston Martin believes that its
test data indicate that its vehicles may
in fact pass the performance criteria of
the pole test with the current side air
bag. However, the petitioner believes
further that a tested vehicle did not
produce test results with a margin
sufficient to enable it to certify
compliance with the pole test.
NHTSA also concludes that denying
the petition regarding the pole test, thus
forcing a cessation of production until
the affected vehicles could be upgraded,
would cause petitioner substantial
economic hardship and that it is
warranted under Part 555 to provide the
petitioner time to produce vehicles with
a side air bag system that enables the
vehicle to pass the pole test requirement
with a greater margin.
I. Background
a. Statutory Authority for Temporary
Exemptions
The National Traffic and Motor
Vehicle Safety Act (Safety Act)
recognizes that small manufacturers
have more limited resources and
capabilities than large manufacturers for
meeting NHTSA’s standards. The Safety
Act provides the Secretary of
Transportation authority to grant a
temporary exemption to a manufacturer
whose total motor vehicle production in
the most recent year of production is not
more than 10,000 vehicles, if the
exemption would be consistent with the
PO 00000
Frm 00139
Fmt 4703
Sfmt 4703
64879
public interest and the Safety Act, and
compliance with the standard would
cause substantial economic hardship to
a manufacturer that has tried to comply
with the standard in good faith.1 Such
an exemption may be granted for not
more than 3 years (49 U.S.C. 30113(e)).2
NHTSA established 49 CFR Part 555,
Temporary Exemption from Motor
Vehicle Safety and Bumper Standards,
to implement the statutory provisions
concerning temporary exemptions.
Under Part 555, a petitioner must
provide specified information in
submitting a petition for exemption.
Among other matters, the petitioner
must set forth the basis of the
application and a description of its
efforts to comply with the standards.
b. FMVSS No. 214
In 2007, NHTSA published a final
rule upgrading FMVSS No. 214.3 The
rule incorporated a dynamic pole test
into the standard, requiring vehicle
manufacturers to assure head and
improved chest protection in side
crashes by technologies such as head
protection side air bags and torso side
air bags. The final rule adopted use of
two advanced test dummies in the new
pole test, one called the ES–2re
representing mid-size males, and the
other called the SID–IIs, which
represents small stature females. The
final rule also enhanced the standard’s
MDB test by replacing the then-existing
50th percentile adult male dummy used
in the front seat of tested vehicles with
the more biofidelic ES–2re dummy and
by using the SID–IIs dummy in the rear
seat.
The pole and enhanced MDB test
requirements were phased in, starting in
2010 for most vehicles (see S13 4), but
manufacturers producing or assembling
fewer than 5,000 vehicles annually for
sale in the United States had a different
1 This authority is set forth at 49 U.S.C. 30113.
The Secretary has delegated the authority for
implementing this section to NHTSA.
2 The Safety Act expressly provides for renewal
of an exemption on reapplication. A renewal under
subsection (b)(3)(B)(i) may be granted for not more
than 3 years. However, NHTSA cautions
manufacturers that the agency’s decision to grant an
initial petition in no way predetermines that the
agency will repeatedly grant renewal petitions,
thereby imparting semi-permanent status to an
exemption from a safety standard. Exempted
manufacturers seeking renewal must bear in mind
that the agency is directed to consider financial
hardship as but one factor. We also consider the
manufacturer’s ongoing good faith efforts to comply
with the regulation, the public interest, consistency
with the Safety Act generally, as well as other such
matters provided in the statute.
3 72 FR 51908 (September 11, 2007); response to
petitions for reconsideration 73 FR 32473 (June 9,
2008), 75 FR 12123 (March 15, 2010).
4 References in this paragraph are to sections in
FMVSS No. 214.
E:\FR\FM\31OCN1.SGM
31OCN1
Agencies
[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Notices]
[Pages 64878-64879]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25954]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD-2014 0133]
Requested Administrative Waiver of the Coastwise Trade Laws:
Vessel PATTY T; Invitation for Public Comments
AGENCY: Maritime Administration, Department of Transportation.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of
Transportation, as represented by the Maritime Administration (MARAD),
is authorized to grant waivers of the U.S.-build requirement of the
coastwise laws under certain circumstances. A request for such a waiver
has been received by MARAD. The vessel, and a brief description of the
proposed service, is listed below.
DATES: Submit comments on or before December 1, 2014.
ADDRESSES: Comments should refer to docket number MARAD-2014-0133.
Written comments may be submitted by hand or by mail to the Docket
Clerk, U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590. You may also send comments electronically via the
Internet at https://www.regulations.gov. All comments will become part
of this docket and will be available for inspection and copying at the
above address between 10 a.m. and 5 p.m., E.T., Monday through Friday,
except federal holidays. An electronic version of this document and all
documents entered into this docket is available on the World Wide Web
at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Linda Williams, U.S. Department of
Transportation, Maritime Administration, 1200 New Jersey Avenue SE.,
Room W23-453, Washington, DC 20590. Telephone 202-366-0903, Email
Linda.Williams@dot.gov.
SUPPLEMENTARY INFORMATION: As described by the applicant the intended
service of the vessel PATTY T is:
Intended Commercial Use of Vessel:
``Carrying of charter passengers and charter fishing passengers''
Geographic Region: ``New York''
The complete application is given in DOT docket MARAD-2014-0133 at
https://www.regulations.gov. Interested parties may comment on the
effect this action may have on U.S. vessel builders or businesses in
the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance
with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR Part 388, that
the issuance of the waiver will have an unduly adverse effect on a
U.S.-vessel builder or a business that uses U.S.-flag vessels in that
business, a waiver will not be granted. Comments should refer to the
docket number of this notice and the vessel name in order for MARAD to
properly consider the comments. Comments should also state the
commenter's interest in the waiver application, and address the waiver
criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part
388.
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
[[Page 64879]]
Statement in the Federal Register published on April 11, 2000 (Volume
65, Number 70; Pages 19477-78).
Dated: October 23, 2014.
By Order of the Maritime Administrator.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2014-25954 Filed 10-30-14; 8:45 am]
BILLING CODE 4910-81-P