81 FR 58000 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel OCEANFLYER; Invitation for Public Comments
DEPARTMENT OF TRANSPORTATION
Maritime Administration Federal Register Volume 81, Issue 164 (August 24, 2016)
Maritime Administration
Federal Register Volume 81, Issue 164 (August 24, 2016)
| Page Range | 58000-58001 | |
| FR Document | 2016-20224 |
[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)] [Notices] [Pages 58000-58001] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20224] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2016 0083] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel OCEANFLYER; 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 September 23, 2016. ADDRESSES: Comments should refer to docket number MARAD-2016-0083. 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 http://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 http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Bianca Carr, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23-453, Washington, DC 20590. Telephone 202-366-9309, Email [email protected]. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel OCEANFLYER is: Intended Commercial Use of Vessel: ``Training in maneuvering and safe seamanship Rental Charter.'' Geographic Region: ``Washington State.'' The complete application is given in DOT docket MARAD-2016-0083 at http://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 Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78). By Order of the Maritime Administrator. [[Page 58001]] Dated: August 16, 2016. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2016-20224 Filed 8-23-16; 8:45 am] BILLING CODE 4910-81-P
![58000 Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices
U.S. Department of Transportation, 388, that the issuance of the waiver will 1200 New Jersey Avenue SE.,
Docket Operations, M–30, West have an unduly adverse effect on a U.S.- Washington, DC 20590. You may also
Building Ground Floor, Room W12–140, vessel builder or a business that uses send comments electronically via the
1200 New Jersey Avenue SE., U.S.-flag vessels in that business, a Internet at http://www.regulations.gov.
Washington, DC 20590. You may also waiver will not be granted. Comments All comments will become part of this
send comments electronically via the should refer to the docket number of docket and will be available for
Internet at http://www.regulations.gov. this notice and the vessel name in order inspection and copying at the above
All comments will become part of this for MARAD to properly consider the address between 10 a.m. and 5 p.m.,
docket and will be available for comments. Comments should also state E.T., Monday through Friday, except
inspection and copying at the above the commenter’s interest in the waiver federal holidays. An electronic version
address between 10 a.m. and 5 p.m., application, and address the waiver of this document and all documents
E.T., Monday through Friday, except criteria given in § 388.4 of MARAD’s entered into this docket is available on
federal holidays. An electronic version regulations at 46 CFR part 388. the World Wide Web at http://
of this document and all documents www.regulations.gov.
Privacy Act
entered into this docket is available on
the World Wide Web at http:// Anyone is able to search the FOR FURTHER INFORMATION CONTACT:
www.regulations.gov. electronic form of all comments Bianca Carr, U.S. Department of
received into any of our dockets by the Transportation, Maritime
FOR FURTHER INFORMATION CONTACT:
name of the individual submitting the Administration, 1200 New Jersey
Bianca Carr, U.S. Department of
comment (or signing the comment, if Avenue SE., Room W23–453,
Transportation, Maritime
submitted on behalf of an association, Washington, DC 20590. Telephone 202–
Administration, 1200 New Jersey
business, labor union, etc.). You may 366–9309, Email Bianca.carr@dot.gov.
Avenue SE., Room W23–453,
review DOT’s complete Privacy Act
Washington, DC 20590. Telephone 202– SUPPLEMENTARY INFORMATION: As
Statement in the Federal Register
366–9309, Email Bianca.carr@dot.gov. described by the applicant the intended
published on April 11, 2000 (Volume
SUPPLEMENTARY INFORMATION: As service of the vessel OCEANFLYER is:
65, Number 70; Pages 19477–78).
described by the applicant the intended Intended Commercial Use of Vessel:
service of the vessel ANGARI is: By Order of the Maritime Administrator.
‘‘Training in maneuvering and safe
Intended Commercial Use of Vessel: Dated: August 16, 2016.
seamanship Rental Charter.’’
‘‘The vessel is owned and operated by T. Mitchell Hudson, Jr.,
a non-profit foundation in order to Secretary, Maritime Administration. Geographic Region: ‘‘Washington
fulfill its mission. The Foundation is [FR Doc. 2016–20222 Filed 8–23–16; 8:45 am]
State.’’
dedicated to creating a global BILLING CODE 4910–81–P The complete application is given in
community that is interested, DOT docket MARAD–2016–0083 at
knowledgeable and invested in marine http://www.regulations.gov. Interested
and environmental sciences by directly DEPARTMENT OF TRANSPORTATION parties may comment on the effect this
supporting research initiatives that action may have on U.S. vessel builders
foster a greater trust and dialogue Maritime Administration or businesses in the U.S. that use U.S.-
between scientists and the public. The [Docket No. MARAD–2016 0083] flag vessels. If MARAD determines, in
Foundation also uses innovative accordance with 46 U.S.C. 12121 and
technology, film and other media to Requested Administrative Waiver of MARAD’s regulations at 46 CFR part
raise awareness and strengthen science the Coastwise Trade Laws: Vessel 388, that the issuance of the waiver will
education. The vessel offers dedicated OCEANFLYER; Invitation for Public have an unduly adverse effect on a U.S.-
indoor and outdoor research and work Comments vessel builder or a business that uses
space as well as living areas. Vessel U.S.-flag vessels in that business, a
charter will mainly consist of research AGENCY: Maritime Administration, waiver will not be granted. Comments
and educational trips with scientists, Department of Transportation. should refer to the docket number of
teachers and film crews onboard. The ACTION: Notice. this notice and the vessel name in order
vessel will be uninspected and operate for MARAD to properly consider the
SUMMARY: As authorized by 46 U.S.C.
along the U.S. East Coast and Gulf of comments. Comments should also state
12121, the Secretary of Transportation,
Mexico, including the Florida Keys and the commenter’s interest in the waiver
as represented by the Maritime
Dry Tortugas.’’ application, and address the waiver
Geographic Region: Maine, New Administration (MARAD), is authorized
to grant waivers of the U.S.-build criteria given in § 388.4 of MARAD’s
Hampshire, Massachusetts, Rhode regulations at 46 CFR part 388.
Island, Connecticut, New York, New requirement of the coastwise laws under
Jersey, Pennsylvania, Delaware, certain circumstances. A request for Privacy Act
Maryland, Washington DC, Virginia, such a waiver has been received by
MARAD. The vessel, and a brief Anyone is able to search the
North Carolina, South Carolina, Georgia,
description of the proposed service, is electronic form of all comments
Florida, Alabama, Mississippi,
listed below. received into any of our dockets by the
Louisiana, and Texas.
The complete application is given in DATES: Submit comments on or before name of the individual submitting the
DOT docket MARAD–2016–0082 at September 23, 2016. comment (or signing the comment, if
mstockstill on DSK3G9T082PROD with NOTICES
http://www.regulations.gov. Interested ADDRESSES: Comments should refer to
submitted on behalf of an association,
parties may comment on the effect this docket number MARAD–2016–0083. business, labor union, etc.). You may
action may have on U.S. vessel builders Written comments may be submitted by review DOT’s complete Privacy Act
or businesses in the U.S. that use U.S.- hand or by mail to the Docket Clerk, Statement in the Federal Register
flag vessels. If MARAD determines, in U.S. Department of Transportation, published on April 11, 2000 (Volume
accordance with 46 U.S.C. 12121 and Docket Operations, M–30, West 65, Number 70; Pages 19477–78).
MARAD’s regulations at 46 CFR part Building Ground Floor, Room W12–140, By Order of the Maritime Administrator.
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![Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices 58001
Dated: August 16, 2016. II. Motorcycles Involved: Affected are tail lamp is on the motorcycle’s
T. Mitchell Hudson, Jr., approximately 1,792 MY 2014–2015 longitudinal centerline while the rear
Secretary, Maritime Administration. BMW R nineT motorcycles turn signals are on stalks offset from the
[FR Doc. 2016–20224 Filed 8–23–16; 8:45 am] manufactured between November 27, centerline. As a result, BMW believes
BILLING CODE 4910–81–P 2013 and January 26, 2015. that this has a very minor affect upon
III. Noncompliance: BMW explains the effective projected luminous lens
that, due to an obstruction caused by the area.
DEPARTMENT OF TRANSPORTATION tail lamp assembly, the noncompliance (B) BMW stated its belief that the
is that the rear turn signal lamps were obstruction from the tail lamp only
National Highway Traffic Safety manufactured with a corner point of occurs if another road user in a
Administration 5°IB. The turn signal lamps should have following vehicle has an eye-point of
[Docket No. NHTSA–2015–0031; Notice 2] had a corner point of 20°IB as required approximately 747 mm above ground
by paragraph S6.4.3(a) (Table V–b) of (extremely low for an average vehicle)
BMW of North America, LLC, Denial of FMVSS No. 108. and is a worst-case-scenario. For other
Petition for Decision of BMW has since revised its petition to road users with a higher eye-point, there
Inconsequential Noncompliance indicate that the obstructed lens area is no apparent obstruction and the turn
was 666 sq-mm and that the signal would appear to meet the
AGENCY: National Highway Traffic photometric test point (20°IB/5° down) requirements of FMVSS No. 108.
Safety Administration (NHTSA), was also obstructed and measured only (C) BMW also stated its belief that the
Department of Transportation (DOT) 1.1 cd (FMVSS No. 108, S6.1.3.1 and effect of the noncompliance, i.e., the
ACTION: Denial of petition. S7.1.2.13.2). overlap or interference of the turn signal
IV. Rule Text: FMVSS No 108 requires lamp by the tail lamp does not occur
SUMMARY: BMW of North America, LLC during critical traffic conditions. A road
(BMW), a subsidiary of BMW AG in in pertinent part:
user, who is following an affected
Munich, Germany, has determined that Paragraph S6.1.3.1: Each lamp, reflective motorcycle, and in the same lane as an
certain model year (MY) 2014–2015 device, and item of associated equipment
must be securely mounted on a rigid part of
affected motorcycle, will be able to fully
BMW R nineT motorcycles do not fully view an affected motorcycle’s rear turn
comply with paragraph S6.4.3(a) (Table the vehicle, other than glazing, that is not
designed to be removed except for repair, signal at a distance of approximately
V–b) of Federal Motor Vehicle Safety 1,935 mm (approximately 6 ft). BMW
within the mounting location and height
Standard (FMVSS) No. 108, Lamps, limits as specified in Table I, and in a believes that in most traffic conditions,
Reflective Devices and Associated location where it complies with all a road user would not want to be closer
Equipment. BMW has filed an applicable photometric requirements, to a motorcycle than 6 ft. Thus, this
appropriate report dated February 20, effective projected luminous lens area ‘‘non-visible’’ rear turn signal condition
2015, pursuant to 49 CFR part 573, requirements, and visibility requirements is not likely to occur during the vast
Defect and Noncompliance with all obstructions considered;
Paragraph S6.4.3(a): When a vehicle is
majority of traffic conditions. BMW
Responsibility and Reports. BMW then
equipped with any lamp listed in Table V- provided detailed analysis of specific
petitioned NHTSA under 49 CFR part
b each such lamp must provide not less than travel conditions including following
556 requesting a decision that the
1250 sq mm of unobstructed effective directly behind an affected motorcycle
subject noncompliance is
projected luminous lens area in any direction and overtaking/passing an affected
inconsequential to motor vehicle safety. throughout the pattern defined by the corner motorcycle that it believes supports its
ADDRESSES: For further information on points specified in Table V–b for each such conclusion that the condition caused by
this decision contact Mike Cole, Office lamp; the subject noncompliance will not
of Vehicle Safety Compliance, the Paragraph S7.1.2.13.2: As an alternative to interfere with the safety of the
National Highway Traffic Safety S7.1.2.13.1, a rear turn signal lamp installed
motorcycle rider or another road user.
Administration (NHTSA), telephone on a motorcycle may be designed to conform
to the photometry requirements of Table (D) BMW Customer Relations has not
(202) 366–5319, facsimile (202) 366– received any contacts from motorcycle
5930. XIII–a.
riders, or other road users regarding this
SUPPLEMENTARY INFORMATION: V. Summary of BMW’s Analyses: issue. Also, BMW is not aware of any
I. BMW’s Petition: Pursuant to 49 BMW stated its belief that the subject accidents or injuries that have occurred
U.S.C. 30118(d) and 30120(h) (see noncompliance is inconsequential to as a result of this issue.
implementing rule at 49 CFR part 556), motor vehicle safety for the following BMW has additionally informed
BMW submitted a petition for an reasons: NHTSA that it has corrected the
exemption from the notification and (A) BMW states that when the subject noncompliance so that all future
remedy requirements of 49 U.S.C. motorcycles are upright on a level production of the subject vehicles will
Chapter 301 on the basis that this surface and equipped with standard fully comply with FMVSS No. 108.
noncompliance is inconsequential to tires at their recommended cold tire In summation, BMW believes that the
motor vehicle safety. inflation pressure; the lower edge of the described noncompliance of the subject
Notice of receipt of BMW’s petition rear turn signal lenses are motorcycles is inconsequential to motor
was published, with a 30-day public approximately 747 mm above ground, vehicle safety, and that its petition, to
comment period, on June 4, 2015 in the the lower edge of the tail lamp lens is exempt BMW from providing recall
Federal Register (80 FR 31966). No approximately 710 mm above ground notification of noncompliance as
comments were received. To view the and the tail lamp lens extend upward.
mstockstill on DSK3G9T082PROD with NOTICES
required by 49 U.S.C. 30118 and
petition and all supporting documents BMW believes that due to these remedying the noncompliance as
log onto the Federal Docket geometric conditions there is some required by 49 U.S.C. 30120 should be
Management System (FDMS) Web site overlap in the vertical direction between granted.
at: http://www.regulations.gov/. Then the rear turn signal lenses and the tail
follow the online search instructions to lamp lens however, they are not aligned NHTSA’S Decision
locate docket number ‘‘NHTSA–2015– along the same longitudinal centerline NHTSA’s Analysis of BMW’s
0031.’’ [of the turn signals]. Specifically, the Arguments: BMW stated that a number
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Document Created: 2016-08-24 03:03:09
Document Modified: 2016-08-24 03:03:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Submit comments on or before September 23, 2016. | |
| Contact | Bianca Carr, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23-453, Washington, DC 20590. Telephone 202-366-9309, Email [email protected] | |
| FR Citation | 81 FR 58000 |
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