Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel: THE ISLANDERS (Motor); Invitation for Public Comments, 75326-75327 [2022-26696]

Download as PDF 75326 Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices Privacy Act Anyone can 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.). For information on DOT’s compliance with the Privacy Act, please visit https://www.transportation.gov/ privacy. (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 46 U.S.C. 12121) By order of the Maritime Administrator. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2022–26697 Filed 12–7–22; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel: THE ISLANDERS (Motor); Invitation for Public Comments Maritime Administration, DOT. ACTION: 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 January 9, 2023. ADDRESSES: You may submit comments identified by DOT Docket Number MARAD–2022–0248 by any one of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Search MARAD–2022–0248 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–2022–0248, lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: 17:36 Dec 07, 2022 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–2022–0248] VerDate Sep<11>2014 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. Jkt 259001 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. SUPPLEMENTARY INFORMATION: As described in the application, the intended service of the vessel THE ISLANDERS is: —Intended Commercial Use of Vessel: ‘‘The intended commercial use of the vessel is to carry passengers. The vessel will not carry more than 12 passengers for hire, nor will the vessel be engaged in any other commercial purpose aside from commercial passenger transportation.’’ —Geographic Region Including Base of Operations: ‘‘Florida.’’ (Base of Operations: Sarasota, FL) —Vessel Length and Type: 47.6′ Motor The complete application is available for review identified in the DOT docket as MARAD 2022–0248 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 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 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–2022–0248 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 Anyone can 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 E:\FR\FM\08DEN1.SGM 08DEN1 Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices behalf of an association, business, labor union, etc.). For information on DOT’s compliance with the Privacy Act, please visit https://www.transportation.gov/ privacy. (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 46 U.S.C. 12121) By order of the Maritime Administrator. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2022–26696 Filed 12–7–22; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2022–0109] Soft Lights Foundation, Denial of Petition for Decision of NonCompliance Order National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Denial of petition for a noncompliance order. AGENCY: Soft Lights Foundation (Petitioner) has petitioned NHTSA requesting NHTSA to issue an order of non-compliance for certain model year (MY) 2021 Tesla Model 3, 2021 Ford Bronco, and 2021 Rivian R1T motor vehicles based on its assertions that these motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Soft Lights Foundation petitioned NHTSA on August 5, 2022, for the 2021 Tesla Model 3, on August 11, 2022, for the 2021 Ford Bronco, and on September 9, 2022, for the 2021 Rivian R1T. This notice announces the denial of Soft Lights Foundation’s petitions. FOR FURTHER INFORMATION CONTACT: Leroy Angeles, Office of Vehicle Safety NHTSA, (202) 366–5304. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: I. Overview Under 49 U.S.C. 30162(a)(2) and 49 CFR part 552.1, interested persons can petition NHTSA to begin a proceeding to make a determination that a motor vehicle or an item of replacement equipment does not comply with an applicable FMVSS. Upon receipt of a properly filed petition, the Agency conducts a technical review of the petition, material submitted with the petition and any additional information. 49 U.S.C. 30162(a)(2); 49 CFR 552.6. After conducting the technical review VerDate Sep<11>2014 17:36 Dec 07, 2022 Jkt 259001 and considering appropriate factors, the Agency will grant or deny the petition. See 49 U.S.C. 30162(a)(2); 49 CFR 552.8. Soft Lights Foundation has alleged that certain MY 2021 Tesla Model 3, MY 2021 Ford Bronco, and MY 2021 Rivian R1T motor vehicles, herein also known as ‘‘subject vehicles,’’ do not fully comply with the requirements of paragraphs S4, S5, S10.1.1, S14.1.1, and Table XIX of FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment (49 CFR 571.108) and has requested that NHTSA issue a noncompliance order. II. Vehicles Involved MY 2021 Tesla Model 3, MY 2021 Ford Bronco, and MY 2021 Rivian R1T motor vehicles are potentially involved. These vehicles are likely equipped with integral beam headlamps that utilize Light Emitting Diode (‘‘LED’’) technology. III. Rule Requirements Paragraphs S4, S5, S10.1.1, S14.1.1, and Table XIX of FMVSS No. 108 include the requirements relevant to this petition as cited by Soft Lights Foundation. Paragraph S4 defines a filament as that part of the light source or light emitting element(s), such as a resistive element, the excited portion of a specific mixture of gases under pressure, or any part of other energy conversion sources, that generates radiant energy which can be seen. Paragraph S5 addresses references to SAE publications where each required lamp, reflective device, and item of associated equipment must be designed to conform to the requirements of applicable SAE publications as referenced and subreferenced in this standard. The words ‘‘it is recommended that,’’ ‘‘recommendations,’’ or ‘‘should be’’ appearing in any SAE publication referenced or subreferenced in this standard must be read as setting forth mandatory requirements. S10.1.1 specifies headlighting system requirements for vehicle headlighting systems. Wherein this section states that each passenger car, multipurpose passenger vehicle, truck and bus must be equipped with a headlighting system conforming to the requirements of Table II and this standard. S14.1.1 specifies physical and photometry test procedures and performance requirements. Wherein this sections states that each lamp, reflective device, item of conspicuity treatment, and item of associated equipment required or permitted by this standard must be designed to conform to all PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 75327 applicable physical test performance requirements specified for it. Table XIX specifies the minimum and maximum photometric intensities at specific test points for the lower beam headlamp. IV. Summary of Soft Lights Foundation’s Petition The views and arguments presented in this section are the views and arguments provided by Soft Lights Foundation. They do not reflect the views of the Agency. Soft Lights Foundation described an alleged noncompliance for the subject vehicles and stated their belief that the subject vehicles do not comply with FMVSS No. 108. The subject vehicles are equipped with LED headlamps. The subject Rivian R1T vehicles are also equipped with Daytime Running Lights (DRLs). According to Soft Lights Foundation, the subject vehicles do not meet federal safety regulation as specified in FMVSS No. 108 for the following reasons: 1. Congress has determined that visible light from an electronic device is different than light from a burning filament or gas discharge and that this visible electromagnetic radiation from an electronic product requires special federal regulations. Congress has determined that ‘‘visible electromagnetic radiation from an electronic product requires special federal regulations.’’ 2. The Food and Drug Administration (FDA) has not yet developed safety regulations for LED products, and thus LED headlamps are an unregulated product which have not been deemed safe. 3. FMVSS No. 108 is only applicable to spherical/point light sources and specifies intensity minimums and maximums using luminous intensity measured in candela. Only vehicles using spherical/point light sources can be compliant with FMVSS No. 108. 4. LED lights are flat-surface sources, which results in spatially non-uniform energy, and which creates a Lambertian mathematical shape. Brightness is measured with luminance in nits (candela per square meter). NHTSA has not yet developed the health and safety regulations for surface source LED headlamps and has not specified the necessary restrictions that might make LED headlamps safe. The characteristics specific to LED headlamps that should be regulated include restrictions on spatial non-uniformity, peak luminance, spectral power distribution, and square wave flicker. 5. Tesla, Ford, and Rivian failed to petition NHTSA for amendment of E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75326-75327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26696]


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

DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD-2022-0248]


Coastwise Endorsement Eligibility Determination for a Foreign-
Built Vessel: THE ISLANDERS (Motor); 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 January 9, 2023.

ADDRESSES: You may submit comments identified by DOT Docket Number 
MARAD-2022-0248 by any one of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Search MARAD-2022-0248 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-2022-0248, 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 THE ISLANDERS is:

--Intended Commercial Use of Vessel: ``The intended commercial use of 
the vessel is to carry passengers. The vessel will not carry more than 
12 passengers for hire, nor will the vessel be engaged in any other 
commercial purpose aside from commercial passenger transportation.''
--Geographic Region Including Base of Operations: ``Florida.'' (Base of 
Operations: Sarasota, FL)
--Vessel Length and Type: 47.6' Motor

    The complete application is available for review identified in the 
DOT docket as MARAD 2022-0248 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-2022-0248 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

    Anyone can 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

[[Page 75327]]

behalf of an association, business, labor union, etc.). For information 
on DOT's compliance with the Privacy Act, please visit https://www.transportation.gov/privacy.

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

    By order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2022-26696 Filed 12-7-22; 8:45 am]
BILLING CODE 4910-81-P
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