Volvo Bus Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance, 38943-38945 [2024-10062]

Download as PDF Federal Register / Vol. 89, No. 90 / Wednesday, May 8, 2024 / Notices Government Publishing Office’s website at www.govinfo.gov. lotter on DSK11XQN23PROD with NOTICES1 Background The MDTA closed I–695 in both directions over the Patapsco River,1 which provides access to the Baltimore Harbor and the Port of Baltimore, on March 26, 2024, due to the collapse of the Francis Scott Key Bridge. The MDTA is the owner of the bridge. It is a modal administration under the MDOT. The FHWA is providing notice in the Federal Register that the MDTA is continuing the temporary closure of this segment of I–695 in both directions for an indefinite period of time until the damaged bridge can be reconstructed. The FHWA is requesting comments from the public for 30 days on the alternate routes selected by MDTA due to the closure. The FHWA is responsible for enforcing the Federal regulations applicable to the NN that can safely and efficiently accommodate the large vehicles authorized by provisions of the Surface Transportation Assistance Act of 1982, as amended and codified at Title 49 of the United States Code (U.S.C.) Chapter 311; designated in accordance with 23 CFR part 658 (Truck Size and Weight, Route Designations— Length, Width and Weight Limitations); and listed in Appendix A to 23 CFR part 658. Under 23 CFR 658.11 (Additions, deletions, exceptions, and restrictions), FHWA may approve deletions of, or use restrictions on, the Interstate System or other NN route based upon specified justification criteria in section 658.11(d)(2). The FHWA is authorized to delete any route from the NN on an emergency basis, based on safety considerations pursuant to 23 CFR 658.11(e), which also requires publishing this notice in the Federal Register for comment. At approximately 1:30 a.m. on March 26, 2024, a cargo ship leaving the Port of Baltimore struck the Francis Scott Key Bridge, which is a component of the segment of I–695 over the Patapsco River. Shortly thereafter, the bridge collapsed. The overall bridge is approximately 8,636 feet in length (or roughly 1.6 miles). The main span is 1,200 feet. The Average Daily Traffic in 2023 was approximately 34,121 vehicles. 1 The portion of I–695 that includes the Francis Scott Key Bridge is a part of the National Highway System (NHS) and was officially incorporated into the Interstate System effective April 29, 2024. In Appendix A to title 23 of the Code of Federal Regulations (CFR) part 658, this route is listed as MD 695 from I–695/MD 3 Glenn Burnie to I–95/695 Kenwood. VerDate Sep<11>2014 17:03 May 07, 2024 Jkt 262001 As a result, I–695 Outer Loop was closed at Quarantine Road (exit 1), and the I–695 Inner Loop was closed at MD 157/Peninsula Expressway (exit 43); however, the situation is evolving. Maryland State transportation officials are providing public information via their web pages, which are listed at the end of this notice, regarding current closures and recommended detours. Although the recommended detours have been evolving since the onset of the incident, currently traffic on I–695 is being rerouted as follows: Alternate routes that cross the Baltimore Harbor (Harbor Crossings) are I–95, the Fort McHenry Tunnel, or I– 895, the Baltimore Harbor Tunnel. The I–95 Fort McHenry Tunnel prohibits vehicles greater than 14′6″ in height and 11′0″ in width. The I–895 Baltimore Harbor Tunnel prohibits vehicles greater than 13′6″ in height or 8′0″ in width. Both tunnels prohibit vehicles transporting hazardous materials. This includes vehicles carrying bottled propane gas in excess of 10 pounds per container (maximum of 10 containers), bulk gasoline, explosives, or significant amounts of radioactive materials. Vehicles prohibited from Harbor Crossings, including vehicles transporting hazardous materials and vehicles over 14′6″ high or 11′0″ wide, should use the western section of I–695 around the tunnels as an alternative route. A detour message is being provided on overhead changeable message signs indicating the suggested use of alternate routes. Portable signs are being deployed for local roads. The Port of Baltimore is still open for truck transactions. Vessel (waterway) traffic into and out of the Port of Baltimore was suspended on March 26, 2024, until further notice (see MDTA websites and newsfeeds, listed below, for current status). For up-to-date information on traffic advisories, commercial truck and hazardous material routing, and the bridge replacement, the MDTA and MDOT established a website at https:// mdta.maryland.gov/keybridgenews. In addition, MDOT provides traveler information via ‘‘Maryland 511’’ at https://chart.maryland.gov/. Comments are invited on all alternate routes. Authority: 23 U.S.C. 127 and 315; 49 U.S.C. 31111, 31112, and 31114; 23 CFR part 658. Shailen P. Bhatt, Administrator, Federal Highway Administration. [FR Doc. 2024–10025 Filed 5–7–24; 8:45 am] BILLING CODE 4910–22–P PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 38943 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2023–0010; Notice 1] Volvo Bus Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition AGENCY: Volvo Bus Corporation (VBC) has determined that certain model year (MY) 2009–2023 Volvo 9700 buses do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. VBC filed a noncompliance report dated November 15, 2022, and subsequently petitioned NHTSA (the ‘‘Agency’’) on December 13, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of VBC’s petition. SUMMARY: Send comments on or before June 7, 2024. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited in the title of this notice and may be submitted by any of the following methods: • Mail: Send comments by mail addressed to the U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver comments by hand to the U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except for Federal Holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website at https:// www.regulations.gov/. Follow the online instructions for submitting comments. • Comments may also be faxed to (202) 493–2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy DATES: E:\FR\FM\08MYN1.SGM 08MYN1 38944 Federal Register / Vol. 89, No. 90 / Wednesday, May 8, 2024 / Notices form, please ensure that two copies are provided. If you wish to receive confirmation that comments you have submitted by mail were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the fullest extent possible. When the petition is granted or denied, notice of the decision will also be published in the Federal Register pursuant to the authority indicated at the end of this notice. All comments, background documentation, and supporting materials submitted to the docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the internet at https:// www.regulations.gov by following the online instructions for accessing the dockets. The docket ID number for this petition is shown in the heading of this notice. DOT’s complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000 (65 FR 19477–78). FOR FURTHER INFORMATION CONTACT: Leroy Angeles, NHTSA, Office of Vehicle Safety Compliance, (202) 366– 5304. I. Overview: VBC determined that certain MY 2009–2023 VBC 9700 buses do not fully comply with paragraph S7.7.15.3 of FMVSS No. 108, Lamps, Reflective Deivces, and Associated Equipment (49 CFR 571.108). VBC filed a noncompliance report dated November 15, 2022, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. VBC petitioned NHTSA on December 13, 2022, 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. This notice of receipt of VBC’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or another exercise lotter on DSK11XQN23PROD with NOTICES1 SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:03 May 07, 2024 Jkt 262001 of judgment concerning the merits of the petition. II. Vehicles Involved: Approximately 958 MY 2009–2023 Volvo 9700 buses, manufactured between February 1, 2008 and May 1, 2022, were reported by the manufacturer. III. Rule Requirements: Paragraph S7.7.15.3 of FMVSS No. 108 includes the requirements relevant to this petition. Paragraph S7.7.15.3 of FMVSS No. 108 requires that light rays reach all portions of an imaginary plate of the same size at least 25 mm ahead of the actual plate measured perpendicular to the plane of the plate. IV. Noncompliance: VBC explains that the noncompliance is that the subject vehicles are equipped with license plate lamps that do not reach all portions of the license plate when the license plate is placed 25 mm ahead of its normal position. Therefore, the subject vehicles do not comply with paragraph S7.7.15.3 of FMVSS No. 108. V. Summary of VBC’s Petition: The following views and arguments presented in this section, ‘‘V. Summary of VBC’s Petition,’’ are the views and arguments provided by VBC. They have not been evaluated by the Agency and do not reflect the views of the Agency. VBC describes the subject noncompliance and contends that the noncompliance is inconsequential as it relates to motor vehicle safety. VBC says that although the subject license plate lamps are noncompliant, when the license plate is installed in its normal position, it is fully illuminated by the lamps.1 VBC states that it has corrected the subject noncompliance in vehicle production and production is currently in compliance with paragraph S7.7.15.3 of FMVSS No. 108. VBC notes that paragraph S7.7.15.3 of FMVSS No. 108 ‘‘refers to an imaginary plate in a testing position, and not a real license plate that requires physical testing with measurable test data.’’ VBC contends that the subject noncompliance is inconsequential to motor vehicle safety because the noncompliant license plate lamps equipped on the subject vehicles fulfill its main purpose to ensure that law enforcement personnel and the public are able to identify vehicles in lowlighting conditions. VBC explains that ‘‘except for vehicle testing purposes, the license plate is never installed in a position that differs from its original intended one.’’ Furthermore, VBC says no vehicles were delivered with a license plate in the testing position. Additionally, the 1 See PO 00000 Figure 3 and Figure 4 of VBC’s petition. Frm 00084 Fmt 4703 Sfmt 4703 license plates are fixed in the original position and cannot be adjusted. Thus, VBC believes that the license plate equipped on the subject vehicles ‘‘will always be fully illuminated under normal vehicle operating conditions.’’ VBC says that ‘‘test results demonstrate that this noncompliance is imperceptible to road users considering that the license plate is fully illuminated when normally installed, as demonstrated in Attachment 2 ‘VBC Engineering Report ER–684684’.’’ VBC says that since 2008, over 900 subject vehicles have been functioning with the noncompliance at issue, and VBC has not received any customer complaints, field reports, or warranty claims related to the subject noncompliance. VBC adds that it is not aware of any accidents, injuries, or death related to the subject noncompliance. VBC says that NHTSA has granted prior petitions in which a noncompliance involving the license plate lamps ‘‘is expected to be imperceptible, or nearly so, to vehicle occupants or approaching drivers.’’ VBC believes that the subject noncompliance is imperceptible to all road users, therefore, VBC contends that NHTSA should also grant VBC’s petition. VBC concludes by stating its belief that the subject noncompliance is inconsequential as it relates to motor vehicle safety and 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, should be granted. 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, any decision on this petition only applies to the subject vehicles that VBC no longer controlled at the time it determined that the noncompliance existed. However, any decision on 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 VBC notified them that the subject noncompliance existed. E:\FR\FM\08MYN1.SGM 08MYN1 Federal Register / Vol. 89, No. 90 / Wednesday, May 8, 2024 / Notices (Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8) Otto G. Matheke III, Director, Office of Vehicle Safety Compliance. [FR Doc. 2024–10062 Filed 5–7–24; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Notice of OFAC Sanctions Actions Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The U.S. Department of the Treasury’s Office of Foreign Assets lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:03 May 07, 2024 Jkt 262001 Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. DATES: See SUPPLEMENTARY INFORMATION section for applicable date(s). FOR FURTHER INFORMATION CONTACT: OFAC: Bradley Smith, Director, tel.: 202–622–2490; Associate Director for Global Targeting, tel.: 202–622–2420; Assistant Director for Licensing, tel.: 202–622–2480; Assistant Director for PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 38945 Regulatory Affairs, tel.: 202–622–4855; or Assistant Director for Compliance, tel.: 202–622–2490. SUPPLEMENTARY INFORMATION: Electronic Availability The SDN List and additional information concerning OFAC sanctions programs are available on OFAC’s website (ofac.treasury.gov). Notice of OFAC Action(s) On May 2, 2024, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following persons are blocked under the relevant sanctions authority listed below. BILLING CODE 4810–AL–P E:\FR\FM\08MYN1.SGM 08MYN1

Agencies

[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Notices]
[Pages 38943-38945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10062]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2023-0010; Notice 1]


Volvo Bus Corporation, Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition

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

SUMMARY: Volvo Bus Corporation (VBC) has determined that certain model 
year (MY) 2009-2023 Volvo 9700 buses do not fully comply with Federal 
Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective 
Devices, and Associated Equipment. VBC filed a noncompliance report 
dated November 15, 2022, and subsequently petitioned NHTSA (the 
``Agency'') on December 13, 2022, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety. 
This document announces receipt of VBC's petition.

DATES: Send comments on or before June 7, 2024.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and may be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy

[[Page 38944]]

form, please ensure that two copies are provided. If you wish to 
receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Leroy Angeles, NHTSA, Office of 
Vehicle Safety Compliance, (202) 366-5304.

SUPPLEMENTARY INFORMATION: I. Overview: VBC determined that certain MY 
2009-2023 VBC 9700 buses do not fully comply with paragraph S7.7.15.3 
of FMVSS No. 108, Lamps, Reflective Deivces, and Associated Equipment 
(49 CFR 571.108).
    VBC filed a noncompliance report dated November 15, 2022, pursuant 
to 49 CFR part 573, Defect and Noncompliance Responsibility and 
Reports. VBC petitioned NHTSA on December 13, 2022, 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.
    This notice of receipt of VBC's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
another exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 958 MY 2009-2023 Volvo 9700 
buses, manufactured between February 1, 2008 and May 1, 2022, were 
reported by the manufacturer.
    III. Rule Requirements: Paragraph S7.7.15.3 of FMVSS No. 108 
includes the requirements relevant to this petition. Paragraph 
S7.7.15.3 of FMVSS No. 108 requires that light rays reach all portions 
of an imaginary plate of the same size at least 25 mm ahead of the 
actual plate measured perpendicular to the plane of the plate.
    IV. Noncompliance: VBC explains that the noncompliance is that the 
subject vehicles are equipped with license plate lamps that do not 
reach all portions of the license plate when the license plate is 
placed 25 mm ahead of its normal position. Therefore, the subject 
vehicles do not comply with paragraph S7.7.15.3 of FMVSS No. 108.
    V. Summary of VBC's Petition: The following views and arguments 
presented in this section, ``V. Summary of VBC's Petition,'' are the 
views and arguments provided by VBC. They have not been evaluated by 
the Agency and do not reflect the views of the Agency. VBC describes 
the subject noncompliance and contends that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    VBC says that although the subject license plate lamps are 
noncompliant, when the license plate is installed in its normal 
position, it is fully illuminated by the lamps.\1\
---------------------------------------------------------------------------

    \1\ See Figure 3 and Figure 4 of VBC's petition.
---------------------------------------------------------------------------

    VBC states that it has corrected the subject noncompliance in 
vehicle production and production is currently in compliance with 
paragraph S7.7.15.3 of FMVSS No. 108. VBC notes that paragraph 
S7.7.15.3 of FMVSS No. 108 ``refers to an imaginary plate in a testing 
position, and not a real license plate that requires physical testing 
with measurable test data.''
    VBC contends that the subject noncompliance is inconsequential to 
motor vehicle safety because the noncompliant license plate lamps 
equipped on the subject vehicles fulfill its main purpose to ensure 
that law enforcement personnel and the public are able to identify 
vehicles in low-lighting conditions.
    VBC explains that ``except for vehicle testing purposes, the 
license plate is never installed in a position that differs from its 
original intended one.'' Furthermore, VBC says no vehicles were 
delivered with a license plate in the testing position. Additionally, 
the license plates are fixed in the original position and cannot be 
adjusted. Thus, VBC believes that the license plate equipped on the 
subject vehicles ``will always be fully illuminated under normal 
vehicle operating conditions.''
    VBC says that ``test results demonstrate that this noncompliance is 
imperceptible to road users considering that the license plate is fully 
illuminated when normally installed, as demonstrated in Attachment 2 
`VBC Engineering Report ER-684684'.''
    VBC says that since 2008, over 900 subject vehicles have been 
functioning with the noncompliance at issue, and VBC has not received 
any customer complaints, field reports, or warranty claims related to 
the subject noncompliance. VBC adds that it is not aware of any 
accidents, injuries, or death related to the subject noncompliance.
    VBC says that NHTSA has granted prior petitions in which a 
noncompliance involving the license plate lamps ``is expected to be 
imperceptible, or nearly so, to vehicle occupants or approaching 
drivers.'' VBC believes that the subject noncompliance is imperceptible 
to all road users, therefore, VBC contends that NHTSA should also grant 
VBC's petition.
    VBC concludes by stating its belief that the subject noncompliance 
is inconsequential as it relates to motor vehicle safety and 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, should be granted.
    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, any decision on 
this petition only applies to the subject vehicles that VBC no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on 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 VBC 
notified them that the subject noncompliance existed.


[[Page 38945]]


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

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2024-10062 Filed 5-7-24; 8:45 am]
BILLING CODE 4910-59-P
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