81_FR_76117 81 FR 75906 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPELLBOUND; Invitation for Public Comments

81 FR 75906 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPELLBOUND; Invitation for Public Comments

DEPARTMENT OF TRANSPORTATION
Maritime Administration

Federal Register Volume 81, Issue 211 (November 1, 2016)

Page Range75906-75907
FR Document2016-26356

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.

Federal Register, Volume 81 Issue 211 (Tuesday, November 1, 2016)
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75906-75907]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26356]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD-2016 0114]


Requested Administrative Waiver of the Coastwise Trade Laws: 
Vessel SPELLBOUND; 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

[[Page 75907]]

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, 2016.

ADDRESSES: Comments should refer to docket number MARAD-2016-0114. 
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 SPELLBOUND is:
    Intended Commercial use of Vessel: Passengers for hire, for 
recreational charters.
    Geographic Region: ``Washington State''.
    The complete application is given in DOT docket MARAD-2016-0114 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.

    Dated: October 24, 2016.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2016-26356 Filed 10-31-16; 8:45 am]
BILLING CODE 4910-81-P



                                                    75906                      Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices

                                                    DATES:  Submit comments on or before                    business, labor union, etc.). You may                 SUPPLEMENTARY INFORMATION:     As
                                                    December 1, 2016.                                       review DOT’s complete Privacy Act                     described by the applicant the intended
                                                    ADDRESSES: Comments should refer to                     Statement in the Federal Register                     service of the vessel GOTTA LOVE IT is:
                                                    docket number MARAD–2016–0111.                          published on April 11, 2000 (Volume                      Intended Commercial Use of Vessel:
                                                    Written comments may be submitted by                    65, Number 70; Pages 19477–78).                       ‘‘Charter dive boat’’.
                                                    hand or by mail to the Docket Clerk,                      By Order of the Maritime Administrator.                Geographic Region: ‘‘Florida and Dry
                                                    U.S. Department of Transportation,                        Dated: October 24, 2016.                            Tortugas’’
                                                    Docket Operations, M–30, West                           T. Mitchell Hudson, Jr.,
                                                                                                                                                                     The complete application is given in
                                                    Building Ground Floor, Room W12–140,                                                                          DOT docket MARAD–2016–0112 at
                                                                                                            Secretary, Maritime Administration.
                                                    1200 New Jersey Avenue SE.,                                                                                   http://www.regulations.gov. Interested
                                                                                                            [FR Doc. 2016–26352 Filed 10–31–16; 8:45 am]
                                                    Washington, DC 20590. You may also                                                                            parties may comment on the effect this
                                                                                                            BILLING CODE 4910–81–P
                                                    send comments electronically via the                                                                          action may have on U.S. vessel builders
                                                    Internet at http://www.regulations.gov.                                                                       or businesses in the U.S. that use U.S.-
                                                    All comments will become part of this                                                                         flag vessels. If MARAD determines, in
                                                                                                            DEPARTMENT OF TRANSPORTATION
                                                    docket and will be available for                                                                              accordance with 46 U.S.C. 12121 and
                                                    inspection and copying at the above                     Maritime Administration                               MARAD’s regulations at 46 CFR part
                                                    address between 10 a.m. and 5 p.m.,                                                                           388, that the issuance of the waiver will
                                                                                                            [Docket No. MARAD–2016 0112]                          have an unduly adverse effect on a U.S.-
                                                    E.T., Monday through Friday, except
                                                    federal holidays. An electronic version                                                                       vessel builder or a business that uses
                                                                                                            Requested Administrative Waiver of
                                                    of this document and all documents                                                                            U.S.-flag vessels in that business, a
                                                                                                            the Coastwise Trade Laws: Vessel
                                                    entered into this docket is available on                                                                      waiver will not be granted. Comments
                                                                                                            Gotta Love It; Invitation for Public
                                                    the World Wide Web at http://                           Comments                                              should refer to the docket number of
                                                    www.regulations.gov.                                                                                          this notice and the vessel name in order
                                                                                                            AGENCY: Maritime Administration,                      for MARAD to properly consider the
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            Department of Transportation.                         comments. Comments should also state
                                                    Bianca Carr, U.S. Department of
                                                                                                            ACTION: Notice.                                       the commenter’s interest in the waiver
                                                    Transportation, Maritime
                                                                                                                                                                  application, and address the waiver
                                                    Administration, 1200 New Jersey                         SUMMARY:   As authorized by 46 U.S.C.                 criteria given in § 388.4 of MARAD’s
                                                    Avenue SE., Room W23–453,                               12121, the Secretary of Transportation,               regulations at 46 CFR part 388.
                                                    Washington, DC 20590. Telephone 202–                    as represented by the Maritime
                                                    366–9309, Email Bianca.carr@dot.gov.                    Administration (MARAD), is authorized                 Privacy Act
                                                    SUPPLEMENTARY INFORMATION: As                           to grant waivers of the U.S.-build                      Anyone is able to search the
                                                    described by the applicant the intended                 requirement of the coastwise laws under               electronic form of all comments
                                                    service of the vessel MANNA is:                         certain circumstances. A request for                  received into any of our dockets by the
                                                       Intended Commercial Use of Vessel:                   such a waiver has been received by                    name of the individual submitting the
                                                    ‘‘Day and Term Charters’’.                              MARAD. The vessel, and a brief                        comment (or signing the comment, if
                                                       Geographic Region: ‘‘Florida,                        description of the proposed service, is               submitted on behalf of an association,
                                                    Alabama, Mississippi, Louisiana, Texas,                 listed below.                                         business, labor union, etc.). You may
                                                    Puerto Rico’’.                                          DATES: Submit comments on or before                   review DOT’s complete Privacy Act
                                                       The complete application is given in                 December 1, 2016.                                     Statement in the Federal Register
                                                    DOT docket MARAD–2016–0111 at
                                                                                                            ADDRESSES: Comments should refer to                   published on April 11, 2000 (Volume
                                                    http://www.regulations.gov. Interested
                                                                                                            docket number MARAD–2016–0112.                        65, Number 70; Pages 19477–78).
                                                    parties may comment on the effect this
                                                                                                            Written comments may be submitted by                    By Order of the Maritime Administrator.
                                                    action may have on U.S. vessel builders
                                                                                                            hand or by mail to the Docket Clerk,
                                                    or businesses in the U.S. that use U.S.-                                                                        Dated: October 24, 2016.
                                                                                                            U.S. Department of Transportation,
                                                    flag vessels. If MARAD determines, in                                                                         T. Mitchell Hudson, Jr.,
                                                                                                            Docket Operations, M–30, West
                                                    accordance with 46 U.S.C. 12121 and                                                                           Secretary, Maritime Administration.
                                                                                                            Building Ground Floor, Room W12–140,
                                                    MARAD’s regulations at 46 CFR part                                                                            [FR Doc. 2016–26351 Filed 10–31–16; 8:45 am]
                                                                                                            1200 New Jersey Avenue SE.,
                                                    388, that the issuance of the waiver will
                                                                                                            Washington, DC 20590. You may also                    BILLING CODE 4910–81–P
                                                    have an unduly adverse effect on a U.S.-
                                                                                                            send comments electronically via the
                                                    vessel builder or a business that uses
                                                                                                            Internet at http://www.regulations.gov.
                                                    U.S.-flag vessels in that business, a                                                                         DEPARTMENT OF TRANSPORTATION
                                                                                                            All comments will become part of this
                                                    waiver will not be granted. Comments
                                                                                                            docket and will be available for
                                                    should refer to the docket number of                                                                          Maritime Administration
                                                                                                            inspection and copying at the above
                                                    this notice and the vessel name in order
                                                                                                            address between 10 a.m. and 5 p.m.,                   [Docket No. MARAD–2016 0114]
                                                    for MARAD to properly consider the
                                                                                                            E.T., Monday through Friday, except
                                                    comments. Comments should also state                                                                          Requested Administrative Waiver of
                                                                                                            federal holidays. An electronic version
                                                    the commenter’s interest in the waiver                                                                        the Coastwise Trade Laws: Vessel
                                                                                                            of this document and all documents
                                                    application, and address the waiver                                                                           SPELLBOUND; Invitation for Public
                                                                                                            entered into this docket is available on
                                                    criteria given in § 388.4 of MARAD’s                                                                          Comments
                                                                                                            the World Wide Web at http://
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    regulations at 46 CFR part 388.
                                                                                                            www.regulations.gov.                                  AGENCY: Maritime Administration,
                                                    Privacy Act                                             FOR FURTHER INFORMATION CONTACT:                      Department of Transportation.
                                                      Anyone is able to search the                          Bianca Carr, U.S. Department of                       ACTION: Notice.
                                                    electronic form of all comments                         Transportation, Maritime
                                                    received into any of our dockets by the                 Administration, 1200 New Jersey                       SUMMARY:  As authorized by 46 U.S.C.
                                                    name of the individual submitting the                   Avenue SE., Room W23–453,                             12121, the Secretary of Transportation,
                                                    comment (or signing the comment, if                     Washington, DC 20590. Telephone 202–                  as represented by the Maritime
                                                    submitted on behalf of an association,                  366–9309, Email Bianca.carr@dot.gov.                  Administration (MARAD), is authorized


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                                                                               Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices                                             75907

                                                    to grant waivers of the U.S.-build                      Privacy Act                                           components and a damaged internal
                                                    requirement of the coastwise laws under                   Anyone is able to search the                        transmission computer. The complaints
                                                    certain circumstances. A request for                    electronic form of all comments                       report no warning signs leading up to or
                                                    such a waiver has been received by                      received into any of our dockets by the               just prior to the failures’’;
                                                    MARAD. The vessel, and a brief                                                                                   (2) ‘‘NCCC has learned from Web site
                                                                                                            name of the individual submitting the
                                                    description of the proposed service, is                                                                       searches, and through the NHTSA Web
                                                                                                            comment (or signing the comment, if
                                                    listed below.                                                                                                 site, of many other similar complaints in
                                                                                                            submitted on behalf of an association,
                                                    DATES: Submit comments on or before                                                                           the subject vehicles. Web site data and
                                                                                                            business, labor union, etc.). You may
                                                    December 1, 2016.                                                                                             NHTSA reports usually [report] the
                                                                                                            review DOT’s complete Privacy Act                     same symptoms and lack of warning.
                                                    ADDRESSES: Comments should refer to                     Statement in the Federal Register                     Numerous complaints on the NHTSA
                                                    docket number MARAD–2016–0114.                          published on April 11, 2000 (Volume                   Web site note repeat oil [sic] cooler and
                                                    Written comments may be submitted by                    65, Number 70; Pages 19477–78).                       transmission failures’’;
                                                    hand or by mail to the Docket Clerk,                      By Order of the Maritime Administrator.                (3) Nissan extended its warranty
                                                    U.S. Department of Transportation,                        Dated: October 24, 2016.                            coverage of subject vehicles’ radiator/
                                                    Docket Operations, M–30, West                           T. Mitchell Hudson, Jr.,                              transmission fluid coolers from 3yrs/
                                                    Building Ground Floor, Room W12–140,                                                                          36,000 miles to 8yrs/80,000 miles and
                                                                                                            Secretary, Maritime Administration.
                                                    1200 New Jersey Avenue SE.,                                                                                   that this coverage applied only to the
                                                                                                            [FR Doc. 2016–26356 Filed 10–31–16; 8:45 am]
                                                    Washington, DC 20590. You may also                                                                            radiator/cooler but not to transmissions
                                                    send comments electronically via the                    BILLING CODE 4910–81–P
                                                                                                                                                                  that may have been damaged as a
                                                    Internet at http://www.regulations.gov.                                                                       consequence of cooler failures;
                                                    All comments will become part of this                                                                            (4) Nissan extended its warranty
                                                    docket and will be available for                        DEPARTMENT OF TRANSPORTATION
                                                                                                                                                                  coverage of subject vehicles’ radiator/
                                                    inspection and copying at the above                     National Highway Traffic Safety                       transmission fluid coolers from 3yrs/
                                                    address between 10 a.m. and 5 p.m.,                     Administration                                        36,000 miles to 8yrs/80,000 miles and
                                                    E.T., Monday through Friday, except                                                                           that this coverage applied only to the
                                                    federal holidays. An electronic version                 [Docket No. NHTSA–2016–0113]                          radiator/cooler but not to transmissions
                                                    of this document and all documents                                                                            that may have been damaged as a
                                                    entered into this docket is available on                Denial of Motor Vehicle Defect Petition,              consequence of cooler failures.
                                                    the World Wide Web at http://                           DP12–004                                              Additionally, Nissan failed to conduct
                                                    www.regulations.gov.                                    AGENCY:  National Highway Traffic                     inspections that may have revealed a
                                                    FOR FURTHER INFORMATION CONTACT:                        Safety Administration (NHTSA).                        cooler failure was imminent thus
                                                    Bianca Carr, U.S. Department of                         ACTION: Denial of Petition for a Defect               helping consumers avoid a catastrophic
                                                    Transportation, Maritime                                Investigation.                                        transmission failure; and
                                                                                                                                                                     (5) A class action lawsuit was filed in
                                                    Administration, 1200 New Jersey
                                                                                                            SUMMARY:   This notice describes the                  2010 on behalf of clients relating to this
                                                    Avenue SE., Room W23–453,
                                                                                                            reasons for denying a petition (DP12–                 alleged defect.
                                                    Washington, DC 20590. Telephone 202–
                                                                                                            004) submitted to NHTSA under 49                         Mr. Oliver concluded his petition by
                                                    366–9309, Email Bianca.carr@dot.gov.
                                                                                                            U.S.C. 30162, requesting that the agency              stating, ‘‘through our limited
                                                    SUPPLEMENTARY INFORMATION: As                                                                                 investigation into the matter, all of the
                                                                                                            conduct ‘‘a defect investigation into MY
                                                    described by the applicant the intended                                                                       vehicles experiencing these
                                                                                                            2005–2010 Nissan Pathfinder, Frontier,
                                                    service of the vessel SPELLBOUND is:                                                                          [transmission] failures are within the 8
                                                                                                            and Xterra vehicles [the subject
                                                       Intended Commercial use of Vessel:                   vehicles] for automatic transmission                  year period specified by the extended
                                                    Passengers for hire, for recreational                   failures related to failed transmission               warranty but are often beyond the
                                                    charters.                                               coolers.’’                                            80,000 mile limit. It also appears that
                                                       Geographic Region: ‘‘Washington                                                                            the number of reported defects is
                                                    State’’.                                                FOR FURTHER INFORMATION CONTACT:       Bob            increasing, which is concerning to say
                                                       The complete application is given in                 Young, Office of Defects Investigation                the least. Due to the nature of the
                                                    DOT docket MARAD–2016–0114 at                           (ODI), NHTSA; 1200 New Jersey Ave.                    reported defect, the severity of the
                                                    http://www.regulations.gov. Interested                  SE., Washington, DC 20590. Telephone:                 reported failures, the repetitive nature of
                                                    parties may comment on the effect this                  202–366–4806.                                         the failures and the limited or missing
                                                    action may have on U.S. vessel builders                 SUPPLEMENTARY INFORMATION: In support                 failure warning signs, we believe that an
                                                    or businesses in the U.S. that use U.S.-                of his petition, received on February 29,             investigation is warranted.’’
                                                    flag vessels. If MARAD determines, in                   2012, Mr. Mathew Oliver, Director of                     NHTSA has reviewed the material
                                                    accordance with 46 U.S.C. 12121 and                     Operations for the North Carolina                     provided by the petitioner and other
                                                    MARAD’s regulations at 46 CFR part                      Consumers Council, Inc. (NCCC);                       pertinent data. The results of this review
                                                    388, that the issuance of the waiver will               alleged the following:                                and our analysis of the petition’s merit
                                                    have an unduly adverse effect on a U.S.-                   (1) ‘‘During the past six months, five             is set forth in the DP12–004 Petition
                                                    vessel builder or a business that uses                  owners of 2005 Xterra vehicles, and one               Analysis Report, published in its
                                                    U.S.-flag vessels in that business, a                   owner of a 2006 Frontier vehicle,                     entirety as an appendix to this notice.
                                                    waiver will not be granted. Comments                    reported that they experienced sudden                    For the reasons presented in the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    should refer to the docket number of                    jerking of their vehicle(s) at highway                petition analysis report, there is no
                                                    this notice and the vessel name in order                speeds. They report, in all instances,                reasonable possibility that an order
                                                    for MARAD to properly consider the                      that dealers diagnosed the problem as a               concerning the notification and remedy
                                                    comments. Comments should also state                    failed transmission fluid cooler located              of a safety-related defect would be
                                                    the commenter’s interest in the waiver                  in the radiator that allowed coolant to               issued as a result of granting Mr.
                                                    application, and address the waiver                     mix with, and contaminate, the                        Oliver’s petition. Therefore, in view of
                                                    criteria given in § 388.4 of MARAD’s                    automatic transmission fluid resulting                the need to allocate and prioritize
                                                    regulations at 46 CFR part 388.                         in damaged internal transmission                      NHTSA’s limited resources to best


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Document Created: 2016-11-01 02:36:30
Document Modified: 2016-11-01 02:36:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit comments on or before December 1, 2016.
ContactBianca 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 Citation81 FR 75906 

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