Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel: UNIVERSE (Sail); Invitation for Public Comments, 7917-7918 [2022-02818]

Download as PDF Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Notices described in the system of records notice, DOT/ALL–14 FDMS, accessible through www.dot.gov/privacy. 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. (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 46 U.S.C. 12121) * * * * * By Order of the Acting Maritime Administrator. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2022–02816 Filed 2–9–22; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel: UNIVERSE (Sail); Invitation for Public Comments Maritime Administration, DOT. Notice. AGENCY: The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to issue coastwise endorsement eligibility determinations for foreign-built vessels which will carry no more than twelve passengers for hire. A request for such a determination has been received by MARAD. By this notice, MARAD seeks comments from interested parties as to any effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. Information about the requestor’s vessel, including a brief description of the proposed service, is listed below. DATES: Submit comments on or before March 14, 2022. ADDRESSES: You may submit comments identified by DOT Docket Number MARAD–2022–0030 by any one of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Search MARAD–2022–0030 and follow the instructions for submitting comments. • Mail or Hand Delivery: Docket Management Facility is in the West Building, Ground Floor of the U.S. Department of Transportation. The Docket Management Facility location address is: U.S. Department of jspears on DSK121TN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:18 Feb 09, 2022 Jkt 256001 Note: If you mail or hand-deliver your comments, we recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. Instructions: All submissions received must include the agency name and specific docket number. All comments received will be posted without change to the docket at www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments, or to submit comments that are confidential in nature, see the section entitled Public Participation. FOR FURTHER INFORMATION CONTACT: [Docket No. MARAD–2022–0030] ACTION: Transportation, MARAD–2022–0030, 1200 New Jersey Avenue SE, West Building, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. James Mead, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Room W23–459, Washington, DC 20590. Telephone 202– 366–5723, Email James.Mead@dot.gov. As described in the application, the intended service of the vessel UNIVERSE is: SUPPLEMENTARY INFORMATION: —Intended Commercial Use of Vessel: ‘‘Sailing charter cruise.’’ —Geographic Region Including Base of Operations: ‘‘Hawaii.’’ (Base of Operations: Honolulu, HI) —Vessel Length and Type: 42′ Sail The complete application is available for review identified in the DOT docket as MARAD 2022–0030 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 employment of the vessel in the coastwise trade to carry no more than 12 passengers will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, MARAD will not issue an approval of the vessel’s coastwise endorsement eligibility. Comments should refer to the vessel name, state the commenter’s interest in the application, and address the eligibility criteria given in section 388.4 of MARAD’s regulations at 46 CFR part 388. PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 7917 Public Participation How do I submit comments? Please submit your comments, including the attachments, following the instructions provided under the above heading entitled ADDRESSES. Be advised that it may take a few hours or even days for your comment to be reflected on the docket. In addition, your comments must be written in English. We encourage you to provide concise comments and you may attach additional documents as necessary. There is no limit on the length of the attachments. Where do I go to read public comments, and find supporting information? Go to the docket online at https:// www.regulations.gov, keyword search MARAD–2022–0030 or visit the Docket Management Facility (see ADDRESSES for hours of operation). We recommend that you periodically check the Docket for new submissions and supporting material. Will my comments be made available to the public? Yes. Be aware that your entire comment, including your personal identifying information, will be made publicly available. May I submit comments confidentially? If you wish to submit comments under a claim of confidentiality, you should submit the information you claim to be confidential commercial information by email to SmallVessels@ dot.gov. Include in the email subject heading ‘‘Contains Confidential Commercial Information’’ or ‘‘Contains CCI’’ and state in your submission, with specificity, the basis for any such confidential claim highlighting or denoting the CCI portions. If possible, please provide a summary of your submission that can be made available to the public. In the event MARAD receives a Freedom of Information Act (FOIA) request for the information, procedures described in the Department’s FOIA regulation at 49 CFR 7.29 will be followed. Only information that is ultimately determined to be confidential under those procedures will be exempt from disclosure under FOIA. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, to www.regulations.gov, as described in the system of records notice, DOT/ALL–14 FDMS, accessible E:\FR\FM\10FEN1.SGM 10FEN1 7918 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Notices through www.dot.gov/privacy. 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. (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 46 U.S.C. 12121) * * * * * By Order of the Acting Maritime Administrator. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2022–02818 Filed 2–9–22; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2020–0031; Notice 2] Automobili Lamborghini S.p.A., Denial of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Denial of petition. AGENCY: Automobili Lamborghini S.p.A. (Automobili Lamborghini) has determined that certain model year (MY) 20152012;2020 Lamborghini Huracan motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Automobili Lamborghini filed a noncompliance report dated March 4, 2020, and subsequently petitioned NHTSA on March 25, 2020, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces and explains the denial of Automobili Lamborghini’s petition. FOR FURTHER INFORMATION CONTACT: Leroy Angeles, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5304, facsimile (202) 366–3081. SUPPLEMENTARY INFORMATION: jspears on DSK121TN23PROD with NOTICES1 SUMMARY: I. Overview Automobili Lamborghini has determined that certain MY 20152012;2020 Lamborghini Huracan motor vehicles do not fully comply with the requirements of paragraph S10.18.9.2 of FMVSS No. 108, Lamps, VerDate Sep<11>2014 18:18 Feb 09, 2022 Jkt 256001 Reflective Devices, and Associated Equipment (49 CFR 571.108). Automobili Lamborghini filed a noncompliance report dated March 4, 2020, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports, and subsequently petitioned NHTSA on March 25, 2020, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance. Notice of receipt of Automobili Lamborghini’s petition was published with a 30-day public comment period, on July 15, 2020, in the Federal Register (85 FR 42979). One comment was received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) website at https:// www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2020–0031.’’ II. Vehicles Involved Approximately 4,727 MY 20152012;2020 Lamborghini Huracan motor vehicles manufactured between July 30, 2014, and February 26, 2020, are potentially involved. III. Noncompliance Automobili Lamborghini explains that the noncompliance is that the subject vehicles are equipped with headlamp assemblies that do not fully meet the requirements in paragraph S10.18.9.2 of FMVSS No. 108. Specifically, it is possible to adjust the horizontal aim of the lower beam because the beam horizontal adjustment screw is not covered by a blanking cap, and the headlamp is not otherwise equipped with a horizontal vehicle headlamp aiming device (VHAD). IV. Rule Requirements Paragraph S10.18.9.2 of FMVSS No. 108 includes the requirements relevant to this petition. The standard requires that the headlamp not be adjustable in terms of horizontal aim unless the headlamp is equipped with a horizontal VHAD. V. Summary of Automobili Lamborghini’s Petition The following views and arguments presented in this section, ‘‘V. Summary of Automobili Lamborghini’s Petition,’’ are the views and arguments provided by Automobili Lamborghini and do not reflect the views of the Agency. PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 Automobili Lamborghini describes the subject noncompliance and contends that the noncompliance is inconsequential as it relates to motor vehicle safety. Automobili Lamborghini states that ‘‘[t]he horizontal aim adjustment of the subject beams is possible, due to the absence of a blanking cap over the beam horizontal adjustment screw.’’ Customers with advanced technical knowledge can reach the horizontal adjustment screw by demounting the luggage compartment liner and make the horizontal adjustment themselves. However, Automobili Lamborghini argues that this noncompliance is inconsequential to motor vehicle safety for the following reasons: 1. ‘‘First, the adjustment screw is hidden by the luggage liner when the vehicle’s hood is open, so the screw is not visible.’’ 2. ‘‘Second, the Owner’s Manual does not identify this screw, so no vehicle owner would ever need to try to search for and adjust the screw in question.’’ 3. ‘‘The only possibility to reach the adjustment screw without removing the luggage liner is through a small hole in the luggage liner using a long screwdriver, but without any possibility to see it and without any indication [of] how to do it.’’ 4. ‘‘Automobili Lamborghini is unaware of any accidents, injuries, or customer complaints related to the horizontal aim adjustment of the subject beams.’’ 5. The issue was corrected in production during calendar week 15 (fifteen) of 2020. Automobili Lamborghini concludes by again contending that the subject noncompliance is inconsequential as it relates to motor vehicle safety, and asking that its petition to be exempted from providing notification of the noncompliance, as required by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 49 U.S.C. 30120, be granted. VI. Public Comment NHTSA received one comment from the general public which was outside the scope of this petition. VII. NHTSA’s Analysis The burden of establishing the inconsequentiality of a failure to comply with a performance requirement in a standard—as opposed to a labeling requirement with no performance implications—is more substantial and difficult to meet. Accordingly, the Agency has not found many such noncompliances inconsequential.1 1 Cf. Gen. Motors Corporation; Ruling on Petition for Determination of Inconsequential Noncompliance, 69 FR 19897, 19899 (Apr. 14, 2004) (citing prior cases where noncompliance was expected to be imperceptible, or nearly so, to vehicle occupants or approaching drivers). E:\FR\FM\10FEN1.SGM 10FEN1

Agencies

[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7917-7918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02818]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD-2022-0030]


Coastwise Endorsement Eligibility Determination for a Foreign-
Built Vessel: UNIVERSE (Sail); Invitation for Public Comments

AGENCY: Maritime Administration, DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Secretary of Transportation, as represented by the 
Maritime Administration (MARAD), is authorized to issue coastwise 
endorsement eligibility determinations for foreign-built vessels which 
will carry no more than twelve passengers for hire. A request for such 
a determination has been received by MARAD. By this notice, MARAD seeks 
comments from interested parties as to any effect this action may have 
on U.S. vessel builders or businesses in the U.S. that use U.S.-flag 
vessels. Information about the requestor's vessel, including a brief 
description of the proposed service, is listed below.

DATES: Submit comments on or before March 14, 2022.

ADDRESSES: You may submit comments identified by DOT Docket Number 
MARAD-2022-0030 by any one of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Search MARAD-2022-0030 and follow the instructions 
for submitting comments.
     Mail or Hand Delivery: Docket Management Facility is in 
the West Building, Ground Floor of the U.S. Department of 
Transportation. The Docket Management Facility location address is: 
U.S. Department of Transportation, MARAD-2022-0030, 1200 New Jersey 
Avenue SE, West Building, Room W12-140, Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except on Federal holidays.

    Note:  If you mail or hand-deliver your comments, we recommend 
that you include your name and a mailing address, an email address, 
or a telephone number in the body of your document so that we can 
contact you if we have questions regarding your submission.

    Instructions: All submissions received must include the agency name 
and specific docket number. All comments received will be posted 
without change to the docket at www.regulations.gov, including any 
personal information provided. For detailed instructions on submitting 
comments, or to submit comments that are confidential in nature, see 
the section entitled Public Participation.

FOR FURTHER INFORMATION CONTACT: James Mead, U.S. Department of 
Transportation, Maritime Administration, 1200 New Jersey Avenue SE, 
Room W23-459, Washington, DC 20590. Telephone 202-366-5723, Email 
[email protected].

SUPPLEMENTARY INFORMATION: As described in the application, the 
intended service of the vessel UNIVERSE is:

--Intended Commercial Use of Vessel: ``Sailing charter cruise.''
--Geographic Region Including Base of Operations: ``Hawaii.'' (Base of 
Operations: Honolulu, HI)
--Vessel Length and Type: 42' Sail

The complete application is available for review identified in the DOT 
docket as MARAD 2022-0030 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 employment of the vessel in the coastwise 
trade to carry no more than 12 passengers will have an unduly adverse 
effect on a U.S.-vessel builder or a business that uses U.S.-flag 
vessels in that business, MARAD will not issue an approval of the 
vessel's coastwise endorsement eligibility. Comments should refer to 
the vessel name, state the commenter's interest in the application, and 
address the eligibility criteria given in section 388.4 of MARAD's 
regulations at 46 CFR part 388.

Public Participation

How do I submit comments?

    Please submit your comments, including the attachments, following 
the instructions provided under the above heading entitled ADDRESSES. 
Be advised that it may take a few hours or even days for your comment 
to be reflected on the docket. In addition, your comments must be 
written in English. We encourage you to provide concise comments and 
you may attach additional documents as necessary. There is no limit on 
the length of the attachments.

Where do I go to read public comments, and find supporting information?

    Go to the docket online at https://www.regulations.gov, keyword 
search MARAD-2022-0030 or visit the Docket Management Facility (see 
ADDRESSES for hours of operation). We recommend that you periodically 
check the Docket for new submissions and supporting material.

Will my comments be made available to the public?

    Yes. Be aware that your entire comment, including your personal 
identifying information, will be made publicly available.

May I submit comments confidentially?

    If you wish to submit comments under a claim of confidentiality, 
you should submit the information you claim to be confidential 
commercial information by email to [email protected]. Include in the 
email subject heading ``Contains Confidential Commercial Information'' 
or ``Contains CCI'' and state in your submission, with specificity, the 
basis for any such confidential claim highlighting or denoting the CCI 
portions. If possible, please provide a summary of your submission that 
can be made available to the public.
    In the event MARAD receives a Freedom of Information Act (FOIA) 
request for the information, procedures described in the Department's 
FOIA regulation at 49 CFR 7.29 will be followed. Only information that 
is ultimately determined to be confidential under those procedures will 
be exempt from disclosure under FOIA.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, to www.regulations.gov, as described in the 
system of records notice, DOT/ALL-14 FDMS, accessible

[[Page 7918]]

through www.dot.gov/privacy. 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.

(Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 46 U.S.C. 12121)
* * * * *

    By Order of the Acting Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2022-02818 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-81-P
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